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121713 Lakeport City Council agenda packet

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AGENDA REGULAR MEETING OF THE LAKEPORT CITY COUNCIL AND THE BOARD OF DIRECTORS OF THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT Tuesday, December 17, 2013 City Council Chambers, 225 Park Street, Lakeport, California 95453  Any person may speak speak for three (3) minutes on any any agenda item; however, however, total public input input per item is not to exceed 15 minutes, minutes, extended at the discretion discretion of the City Council. This rule does not apply to public hearings. hearings. Non-timed items may be taken up at any unspecified time.

CLOSED SESSION:

CLOSED SESSION TO START AT 5:30 p.m. 1.

I.

CALL TO ORDER & ROLL CALL:

II.

PLEDGE OF ALLEGIANCE:

III.

ACCEPTANCE OF AGENDA: Urgency Items:

IV.

V.

To add item, Council is required to make a majority decision that an urgency exists (as defined in the Brown Act) and a 2/3rds determination that the need to take action arose subsequent to the Agenda being posted.

A.

Ordinances:

Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code  Section 36934.

B.

Minutes:

Approve minutes of the regular City Council meeting of November 19, 2013.

C.

Warrants:

Approve warrants as listed on Warrant Registers dated November 14, 2013, November 20, 2013 and December 4, 2013.

CITY COUNCIL REORGANIZATION: City Clerk Appointment of Mayor and Mayor Pro Tem

Nomination and election of Mayor and Mayor Pro Tem for a period of one year.

CONSENT AGENDA:

The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without any discussion. Any Council Member may request that any item be removed from the Consent Agenda for discussion under the regular Agenda. Agenda. Removed items will be considered following the Consent Calendar portion of this agenda.

A.

Ordinances:

B.

Application 2014-001

C.

Maddy Act Report

Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code  Section 36934. Approve Application 2014-001 for the NorCal Air Cooled Group’s 2014 Lakeport Camp and Shine VW Car Show to be held June 14, 2014. Receive and file report from City Clerk in conformance with the California Maddy Act.

PUBLIC PRESENTATIONS/REQUEST PRESENTATIONS/REQUESTS: S: A.

VIII.

Move to accept agenda as posted, or move to add or delete items.

The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without any discussion. Any Council Member may request that any item be removed from the Consent Agenda for discussion under the regular Agenda. Agenda. Removed items will be considered following the Consent Calendar portion of this agenda.

1.

VII.

6:00 p.m.

CONSENT AGENDA:

A.

VI.

Conference with Legal Counsel; Anticipated Litigation (Gov. Code §54956.9(d)(2) & (d)(3)). 1 Potential Case.

Citizen Input:

 Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the subject is not already on tonight’s agenda. Persons wishing to address the City Council are required to complete a Citizen’s Input form and submit it to the City Clerk prior to the meeting being called to order. While not required,  please state your name and address for the record. NOTE: Per Government Code §54954.3(a), the City Council cannot take action or express a consensus of approval or disapproval on any public comments regarding matters which do not appear on the printed agenda.

Presentation of Awards for Holiday Decorating Contest

Announcement of, and presentation to winners of the 201 3 Holiday Decorating Contest, sponsored by the Lakeport Main Street Association, the Lake County Chamber of Commerce and the City of Lakeport.

COUNCIL BUSINESS: A.

City Clerk

City Council Agenda of December 17, 2013

B.

1.

Appointment to Vector Control District Board of Trustees

2.

Appointments to the Lakeport Economic Development Advisory Committee (LEDAC)

3.

Appointments to the Parks and Recreation Commission

Authorize the City Manager to execute a contract with Farr Construction for the completion of the USDA Storage Tank Repair & Recoating Project.

Enforcement of Time Limit for Temporary Signs

Consider request from Staff for direction regarding the enforcement of the City's temporary sign regulations.

Utility Truck Purchase Agreements

Authorize the City Manager to sign sales contracts for the purchase of two (2) Utility trucks.

CITY COUNCIL COMMUNICATIONS:

A. X.

Award of USDA Water Storage Tank Repair & Recoating Project

Public Works Director 1.

IX.

Appoint members to the Parks and Recreation Committee effective January 1, 2014 and expiring at the end of 2015.

Planning Services Manager 1.

D.

Appoint the City of Lak eport’s representative to the Lake County Vector Control District’s Board of Trustees, effective January 1, 2014 and expiring at the end of 2015. Appoint members to the Lakeport Economic Development Committee effective January 1, 2014 and expiring at the end of 2015.

City Engineer 1.

C.

Page 2

Miscellaneous Reports, if any :

ADJOURNMENT:

Adjourn

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 225 Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeport’s website, www.cityoflakeport.com , subject to staff’s ability to post the documents before the meeting. The City of Lakeport, in complying with the  Americans  Americans with Disabilities Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonable accommodations are provided.

 _______________________________________  _______________________________________ Hilary Britton, Acting Deputy City Clerk

MINUTES REGULAR MEETING OF THE LAKEPORT CITY COUNCIL Tuesday, November 19, 2013 City Council Chambers, 225 Park Street, Lakeport, California 95453 CLOSED SESSION:

Mayor Engstrom opened the meeting at 5:02. Mayor Engstrom adjourned to closed session at 5:03 pm to discuss: 1.

I.

Threat to Public Services or Facilities (Gov. Code §54957). Consultation with Lakeport Police Department.

CALL TO ORDER & ROLL CALL:

Mayor Engstrom called the regular meeting of the City Council of the City of Lakeport to order at 6:00 p.m. with Council Members Mattina, Parlet, Scheel and Spillman present.

REPORT OUT OF CLOSED SESSION:

Mayor Engstrom advised there was no reportable action taken on the Closed Session item.

II.

PLEDGE OF ALLEGIANCE:

The Pledge of Allegiance was l ed by City Engineer Harter.

III.

ACCEPTANCE OF AGENDA:

A motion was made by Council member Scheel, seconded by Council member Mattina, and unanimously carried by voice vote to accept the agenda as presented. There were no urgency items.

Urgency Items:

IV.

V.

CONSENT AGENDA: A.

Ordinances:

Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.

B.

Minutes:

Approve minutes of the regular City Council meeting of November 5, 2013.

Vote on Consent Agenda:

A motion was made by Council member Spillman, seconded by Council member Scheel, and unanimously carried by voice vote to approve the consent calendar items A-B, as presented.

PUBLIC PRESENTATIONS/REQUEST PRESENTATIONS/REQUESTS: S: A.

Citizen Input:

There was no citizen’s input.

Presentation:

Mayor Engstrom presented a Certificate of Recognition for Budget Preparation to the City of Lakeport Finance Director Buffalo from the Government Finance Officers Association. Public Works Director Brannigan introduced the new Public Works Department Secretary, Cyndy Ader.

Introduction of New Employees:

VI.

COUNCIL BUSINESS: A.

Public Works Director 1.

B.

Westshore Pool

Public Works Director Brannigan presented the staff report regarding the purchase of a replacement pump for the Westshore Pool, and future operation of the Westshore Pool. A motion was made by Council member Parlet, seconded by Council member Spillman, and unanimously carried by voice vote to authorize the Public Works Director to replace the pump at the Westshore Pool. The Council then directed Staff to continue negotiating with the Lakeport Unified School District regarding pool operations.

City Engineer 1.

Downtown Improvement Project

City Engineer Harter presented the staff report updating the current status of the Downtown Improvement Project, Phase II. Cathy McKeon of Rau and Associates gave a slide show presentation of the tentatively approved designs for the project, and answered questions. Terry Persons, Lakeport resident and Traffic Planner spoke in favor of the plans.

City Council Minutes of November 19, 2013

C.

Finance Director 1.

VII.

Page 2

Quarterly Financial Report

Finance Director Buffalo presented the Financial Report for the fourth quarter of FY2012-2013.

CITY COUNCIL COMMUNICATIONS: A.

Miscellaneous Reports, if any :

Council member Spillman reported that Paula Duggan takes over as Executive Director of the LMSA on December December 3, 2013. He also reported the Lakeport Lakeport Fire District Chief Wells is retiring, a nd the District is proposing to have the Kelseyville Fire District Chief oversee both departments temporarily. Council member Mattina advised she had nothing to report. Council member Scheel reported that PEG would like to televise Council meetings in the near near future. Council members Scheel and Mattina Mattina attended the APC meeting, at which time the Highway 29 project was a pproved. Construction should commence in 2017. Council member Scheel will be gone gone Tuesday – Sunday of next week. Council member Parlet complimented the Employee Appreciation program. Mayor Engstrom announced cancellation of regularly scheduled Council meeting of December 3, 2013. Mayor Engstrom thanked management for their efforts on the Employee Appreciation Luncheon. City Engineer Harter reported he has received 2 bids for the water tank project. He will bring this item back to Council soon. Chief Rasmussen advised that he ha d nothing to report. Finance Director Buffalo advised he had nothing to report. Public Works Director Brannigan advised he had nothing to report. City Manager Silveira congratulated City of Lakeport employees Jake Teschner and Mike Sobieraj for their contributions which earned them the 2013 City of Lakeport Peer Award.

VIII.

ADJOURNMENT:

Mayor Engstrom adjourned the meeting at 7:31 p.m.

 _______________________________________  _______________________________________ THOMAS ENGSTROM, Mayor

 _____________________________________  _______________________________________ __ HILARY BRITTON, Acting Deputy City Clerk

CITY OF LAKEPORT City Council Lakeport Redevelopment Agency City of Lakeport Municipal Sewer District

STAFF REPORT RE: City Council Reorganization

MEETING DATE:  12/17/2013

SUBMITTED BY: Kelly Buendia, Acting City Clerk PURPOSE OF REPORT:

Information only

Discussion

Action Item

 WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD:

 The Council is asked to hold its annual reorganization meeting. BACKGROUND:

In December, the City Council holds its annual reorganization meeting. meeting. This meeting includes the appointment of Mayor and Mayor Pro Tem. DISCUSSION:

Mayoral elections are conducted by the the City Clerk as as part of that position’s statutory duties. It is recommended that the current Mayor announce that elections for Mayor and Mayor Pro Tem are to be conducted by the Acting City Clerk and turn the meeting over to the Acting City Clerk.  The Acting City Clerk will request nominations nominations for Mayor (which do not require a second but do require the acceptance of the nomination by the nominee) and conduct a public election by voice vote. Following the election of Mayor, the Acting City Clerk will wil l provide a similar nomination and election process for Mayor Pro Tem.  At that point, the new Mayor will be seated, and the meeting will be turned over to the new Mayor.  The new Mayor has the responsibility to make appointments to various commissions, boards, and committees. In order to give the Mayor time to review review these committees committees and ascertain who would like to serve on them, the appointments to the commissions, boards, and committees will take place at the next regular council meeting. A copy of the current current assignments is included for informational purposes. OPTIONS:

 The reorganization meeting is a mandatory meeting for all City Councils. Councils. FISCAL IMPACT: None

$

 Account Number:

Comments:

SUGGESTED MOTIONS:

None  Attachments:

Meeting Date: 12/17/2013

1. Current Liaisons To Commissions, Boards, Committees

Page 1

Agenda Item #V.A.1.

ATTACHMENT 1

LAKEPORT CITY COUNCIL

EFFECTIVE DECEMBER 17, 2013 LIAISONS TO COMMISSIONS, BOARDS, COMMITTEES LIAISONS

2013 Lakeport Fire Protection District Lakeport Regional Chamber of Commerce Lakeport Main Street Association

2014

Council Member Spillman Mayor Engstrom, Alt. Mayor Engstrom City Manager Council Member Spillman

APPOINTMENTS

2013 League of California Cities, Redwood Empire Division, Legislative Committee Lake County/City Area Planning Council

County of Lake Solid Waste Management Task Force Lake County Abandoned Vehicle Abatement Service Authority SB 621 Indian Gaming Funds Committee Clear Lake Advisory Subcommittee Local Agency Formation Commission Lake County Airport Land Use Commission Invasive Species Task Force Committee C ommittee Clean Water Program Committee Investment Committee Lakeport Unified School District Committee Oversight Board of the Former Lakeport Redevelopment Agency

Council Member Scheel Alternate Mayor Pro Tem Mattina Council Member Scheel Mayor Engstrom, Alt. Council Member Scheel City Manager Council Member Parlet Council Member Scheel Mayor Engstrom, Alt. Mayor Engstrom Mayor Pro Tem Mattina Council Member Scheel, Alt. Council Member Spillman Council Member Parlet Council Member Parlet Council Member Spillman Council Member Parlet Mayor Engstrom Mayor Pro Tem Mattina Mayor Pro Tem Mattina Council Member Parlet, Alt.

2014

Janel Chapman From: Sent: To: Subject:

Lori Price [[email protected] [[email protected]] gov] Wednesday, November 06, 2013 4:44 PM Janel Chapman RE: App 2014-001 - Lakeport Camp & Shine 2014

Good afternoon Hillary, Thank you for the opportunity to comment on this application. After reviewing the application, it does not appear that this event will impact County maintained roadways. Sincerely, Lori Price Secretary III Lake County Department of Public Works 255 N. Forbes Street, Rm 309 Lakeport, CA 95453 (707) 263-2341 [email protected] [mailto:[email protected]]] From: Janel From: Janel Chapman [mailto:[email protected] Sent: Wednesday, Sent: Wednesday, November 06, 2013 2:37 PM To: Barbara To: Barbara Loveless; Cheryl Bennett; Cheryl Smart ( [email protected] [email protected]); ); Dale Stoebe; Doug Grider; Ellen Dills; Executive Management; Jason Ferguson; Jim Kennedy; Kevin Odom; Linda Sobieraj; Lori Price; Pheakdey Preciado; Tina Banuet ([email protected] ([email protected])) Subject: App Subject: App 2014-001 - Lakeport Camp & Shine 2014

Please find attached application 2014‐001 from the NorCal Aircooled Group for the Lakeport Camp & Shine 2014 event on 6/14/2014. I would like to put this on the Council Agenda for the 12/03/2013 meeting, so please have comments back to me by 11/18/2013. Thank you, Hilary Britton On behalf of: behalf  of: Janel Chapman, City Clerk City of Lakeport of  Lakeport 225 Park Street Lakeport, CA 95453 Phone: (707) 263‐5615, Ext. 12 Fax: (707) 263‐8584  [email protected]

1

CITY OF LAKEPORT City Council Lakeport Redevelopment Agency City of Lakeport Municipal Sewer District

STAFF REPORT RE: Maddy Act Appointment List

MEETING DATE:  12/17/2013

SUBMITTED BY: Kelly Buendia, Acting City Clerk PURPOSE OF REPORT:

Information only

Discussion

Action Item

 WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD:

 The City Council is being asked to receive and file an annual report pursuant to the Maddy Act. BACKGROUND:

 The Maddy Act (Government Code Sections 54970 54970 through 54974) requires requires that on or before December 31 of each year, each legislative body prepare an appointments list of all regular ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency. a gency. DISCUSSION:

Pursuant to the Maddy Act, the list must contain the list of all appointive a ppointive terms which expire during the next calendar year, with the name of the incumbent i ncumbent appointee, the date of appointment, the date d ate the term expires, and the necessary qualifications for for the position. The list must be made available to the public.  This list has been posted.  The City Clerk will proceed with advertising to fill any vacancies which have occurred or will be occurring. occurring. OPTIONS:

n/a FISCAL IMPACT: None

$

 Account Number:

Comments: SUGGESTED MOTIONS:

Receive and file the annual Maddy Act Appointment List

 Attachments:

Meeting Date: 12/17/2013

1. Maddy Act Appointment List

Page 1

Agenda Item #VI.C.

ATTACHMENT 1

CITY OF LAKEPORT MADDY ACT APPOINTMENT LIST NOTICE: In compliance with the requirements of the Maddy Act (Government Code §54970, et seq.), the following appointment list was posted on or before December 31, 2012, at the City Hall, City of Lakeport, 225 Park Street, Lakeport, CA 95453. The City Council of the City of Lakeport will make appointments to the positions below (printed in red), which will expire or will otherwise become vacant in 2014. Unless noted otherwise, all appointees must be residents of the City of Lakeport. Planning Commission *The Planning Commission meets the second Wednesday of each month at 6:00 p.m. in the Council Chambers of City Hall. COMMISSIONER Thomas Gaynor Ross Kauper Suzanne Russell Ken Wicks Harold Taylor

DATE APPOINTED June 19, 2012 October 5, 2010 August 17, 2010 May 1, 2012 October 5, 2010

TERM ENDS June 19, 2016 October 5, 2014 August 17, 2014 May 1, 2016 October 5, 2014

* The city council may appoint one member who lives outside of the city limits but within the Lakeport zip code area. Parks & Recreation Commission The Parks & Recreation Commission meets on the second Thursday of each month at 3:00 p.m. in the Council Chambers at City Hall. COMMISSIONER Ann Blue Suzanne Russell Lynn Andre Cindy Ustrud Vacant

DATE APPOINTED December 20, 2011 December 20, 2011 June 04, 2013 December 20, 2011

TERM ENDS December 31, 2013 December 31, 2013 December 31, 2014 December 31, 2013

Traffic Safety Advisory Committee The Traffic Safety Advisory Committee meets the third Wednesday of each month at 9:00 p.m. in the Council Chambers at City Hall. COMMISSIONER Ann Blue Vicki Cole Steven Jones Suzanne Russell Kermit Knudson Walter Cox

DATE APPOINTED February 15, 2011 April 24, 2006 October 5, 2010 February 15, 2011 February 15, 2011 February 15, 2011

TERM ENDS March 1, 2015 March 2, 2014 October 5, 2014 March 1, 2015 March 1, 2015 March 1, 2015

*Lakeport Economic Development Advisory Committee This committee meets the first Wednesday of each month at 7:00 a.m. in the Council Chambers at City Hall. COMMISSIONER Wilda Shock Melissa Fulton Carol Cole-Lewis William Eaton Mireya Turner Carol Hays George Linn Nina Marino Taira St. John Barbara Johnson Vacant

DATE APPOINTED January 15, 2013 January 15, 2013 January 15, 2013 January 15, 2013 January 15, 2013 December 20, 2011 December 20, 2011 December 20, 2011 August 21, 2012 August 21, 2012

TERM ENDS December 31, 2014 December 31, 2014 December 31, 2014 December 31, 2014 December 31, 2014 December 31, 2013 December 31, 2013 December 31, 2013 December 31, 2013 December 31, 2013

*Membership to this committee is open to anyone who lives, works, shops, or does business in the City of Lakeport. This includes residents who live in unincorporated areas of the Lakeport trade area.

CITY OF LAKEPORT City Council Lakeport Successor Agency City of Lakeport Municipal Sewer District

STAFF REPORT Appoin tment RE: Lake County Vector Control District Board Appointment

MEETING DATE:  12/17/2013

SUBMITTED BY: Kelly Buendia, Acting City Clerk PURPOSE OF REPORT:

Information only

Discussion

Action Item

 WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD:

 The City Council is being asked to invite applicants to make a short presentation and appoint one individual to serve on the Lake County Vector Control District's Board of Trustees. BACKGROUND:

 The Lake County Vector Control District District is a public health agency that protects Lake County residents and  visitors from vectors and vector-borne diseases. The District is an independent special district that operates under the California Health and Safety Code §§ 2000-2093, and is governed by its own board of trustees.  The California Health and Safety Code §2022 (b) & (d) requires that each person appointed by a city council to be a member of a board of trustees shall shal l be a voter in that city and a resident of that portion po rtion of the city that is within the district, and that it is the intent of the Legislature that persons appointed to boards of trustees have experience, training, and education in fields that will assist in the governance of the districts.  The Lake County Vector Control District District is governed by a Board of Trustees that establishes policies for the operation of the district. The Board consists of five of five trustees: one appointed by the City of Clearlake, one appointed by the City Lakeport, and a nd three appointed by the County of Lake. Each E ach trustee is appointed to serve a 2-year or 4-year term, at the discretion of the appointing authority. appointing authority.  The incumbent appointee, George Spurr, was appointed in January 2013 2013 to fulfill the term of his predecessor who had passed away in 2012. This term expires December 31, 2013. 2013. Mr. Spurr has submitted an application for reappointment. DISCUSSION:

 The Clerk's office has received two applications for this appointment. The Council should review the applications and allow each applicant to make a short presentation detailing his/her background, interests, and why he/she would like to serve. serve. The Council should then nominate and appoint the individual to serve serve on the Lake County Vector Control District District Board of Trustees as set forth above. There were two applications received which are attached. OPTIONS:

Choose only one member to serve or direct staff to further advertise the position. FISCAL IMPACT: None

$

Meeting Date: 12/17/2013

 Account Number: Page 1

Comments: Agenda Item #VIII.A.1.

SUGGESTED MOTIONS:

Move to appoint one individual to the Lake County Vector Control District Board of Trustees effective  January 6, 2014, and expiring at the end of 2016.  Attachments:

1.  Application for Appointment: George Spurr 2.  Application for Appointment: Randall Williams

Meeting Date: 12/17/2013

Page 2

Agenda Item #VIII.A.1.

CITY OF LAKEPORT City Council Lakeport Redevelopment Agency City of Lakeport Municipal Sewer District

STAFF REPORT RE: Lakeport Economic Development Advisory Committee  Appointments

MEETING DATE:  12/17/2013

SUBMITTED BY: Kelly Buendia, Acting City Clerk PURPOSE OF REPORT:

Information only

Discussion

Action Item

 WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD:

 The City Council is being asked to invite applicants to make a short presentation and appoint individuals to serve on the Lakeport Economic Development Committee. BACKGROUND:  The Lakeport Economic Development Committee Committee was established in December of 2010 to advise the City Council, City Manager, and Lakeport Economic Development Program staff on developing potential programs and strategies for economic development in the City, establishing and maintaining regular communication between the City and the business community, evaluating community needs and desires for economic development, and focusing on commerce solutions that enhance the quality of life for the Lakeport community. The committee consists of 11 members members as well as Staff, designated by the City Manager, who serve as ex-officio members. Currently, Currently, the City Manager is the the City's ex-officio ex-officio member. In 2013, there were only ten members. Members are to serve two-year terms, terms, with terms commencing on st  January 1 . DISCUSSION:  The terms of five of the committee members members will expire December 31st, 2013. 2013. The Council should review the applications and allow each applicant to make a short presentation detailing his/her background, interests, and why he/she would like to serve. serve. The Council should then nominate nominate and appoint the individuals to serve on the Lakeport Lakeport Economic Development Committee Committee as set forth forth above. Unfortunately, there were only four applications received. OPTIONS: Choose members to serve and/or direct staff to further advertise the positions. FISCAL IMPACT: None

$

 Account Number:

Comments:

SUGGESTED MOTIONS: Move to appoint members to the Lakeport Economic Development Committee effective January 1, 2014, and expiring at the end of 2015.  Attachments:

1.  Application for Appointment - Linn 2.  Application for Appointment - Pepper-Duggan 3.  Application for Appointment - Hutt 4.  Application for Appointment - St. John

Meeting Date: 12/17/2013

Page 1

Agenda Item #VIII.A.2.

CITY OF LAKEPORT City Council Lakeport Redevelopment Agency City of Lakeport Municipal Sewer District

STAFF REPORT RE: Parks and Recreation Commission Appointments

MEETING DATE:  12/17/2013

SUBMITTED BY: Kelly Buendia, Acting City Clerk PURPOSE OF REPORT:

Information only

Discussion

Action Item

 WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD:

 The City Council is being asked to invite applicants to make a short presentation and appoint individuals to serve on the Parks and Recreation Commission. BACKGROUND:

 The Parks and Recreation Commission was established in 1984 to act in an advisory capacity only to the City Council in matters pertaining to city parks and recreation, to cooperate with the planning commission and civic organizations to advance the sound planning of new recreation areas and facilities, to recommend, from time to time, policies on city recreation facilities to the city council for consideration and approval, and to perform such other duties as may be assigned to the commission by the city council.  The commission consists of five members who are to serve a two-year term. term. The terms are to be staggered between even and odd years so that t hat three members are chosen in January of even years and two members chosen in January of in odd years. DISCUSSION:

 The terms of three of the commissioners are set to to expire December 31, 2013. The Council should review the applications and allow each applicant to make a short presentation detailing his/her background, interests, and why he/she would like to serve. serve. The Council should then nominate nominate and appoint the individuals to serve on the Parks and Recreation Commission as set forth above.  Three applications for reappointment were received. There is still one vacant seat on the Commission. OPTIONS:

Reappoint three members to serve and/or direct staff to further advertise the positions. FISCAL IMPACT: None

$

 Account Number:

Comments:

SUGGESTED MOTIONS: Move to appoint three members to the Parks and Recreation Commission effective January 1, 2014, and expiring at the end of 2015.  Attachments:

1.  Applications for Appointment - Suzanne Russell 2.  Application for Appointment - Ann Blue 3.  Application for Appointment - Cindy Ustrud

Meeting Date: 12/17/2013

Page 1

Agenda Item #VIII.A.3.

CITY OF LAKEPORT City Council City of Lakeport Municipal Sewer District

STAFF REPORT RE:  Award of USDA Water Storage Tank Repair & Recoating Project SUBMITTED BY:

MEETING DATE:  12/17/13

Scott Harter, City Engineer

PURPOSE OF REPORT :

Information only

Discussion

Action Item

 WHAT IS BEING ASKED OF THE THE CITY COUNCIL/BOARD:

 The Council is being asked to authorize the City Manager to execute a contract with Farr Construction for the completion of the USDA Storage Tank Repair & Recoating Project. BACKGROUND:

 The bid opening for the subject project was held on November 14, 2013 and two bids were received. The apparent low bidder is Farr Construction Corporation based in Sparks, Nevada. The other bid was received from Crosno Construction, Inc. of Arroyo Grande, California. The engineer's construction cost range was from $895,000 to $1,160,000 and the apparent low bid came in at $948,262.00.  The bids were analyzed and the Bid Award Information package including the USDA checklist was compiled and transmitted to USDA for review on December 2, 2014. 2014. Mr. Michael Starinsky with the Davis USDA office reviewed the package and concurred with the recommendation to award the project to Farr Construction Corporation. DISCUSSION:

 Attached for your information is the Bid Award Information package which include s a summary and analysis of the bids received as well as a complete copy of Farr Construction Coporation's bid, the response from the USDA RD, Davis office as well as a copy of the suggested form of agreement that the USDA requires the City and Contractor to utilize. OPTIONS:

 Authoize the City Manager to execute the approved form of contract with Farr Construction Corporation for the construction of the Water Storage Tank Repair & Recoating Project. FISCAL IMPACT: None $948,262.00 Development Funded Project

 Account Number:  504.3060.930

Comments:  USDA Rural

SUGGESTED MOTIONS:

Move to authorize staff to execute the agreement with Farr Construction Corporation in the amount of $948,262.00 for the construction of the USDA Potable Water Storage Tank Repair & Recoating Project.  Attachments:

Meeting Date: 12/17/2013

1. USDA suggested form of Agreement 2. Letter Approving Award from USDA 3. Bid Award Information Packet Page 1

Agenda Item #VIII.B.1.

SUGGESTED FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) FUNDING AGENCY EDITION

City of Lakeport

THIS AGREEMENT is by and b etween

(“Owner”) and (“Contractor”).

Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 – WORK

1.01

Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR & RECOATING PROJECT

ARTICLE 2 – THE PROJECT

2.01

The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR & RECOATING PROJECT

ARTICLE 3 – ENGINEER

3.01

The Project has been designed by PACE Engineering, who is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 – CONTRACT TIMES

4.01

Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final  payment  payment as stated in the Contract Contract Documen Documents ts are of the the essence essence of the Contract. Contract. 4.02

 Days to Achieve Substantial Completion and Final Payment

A. The Work will be substantially completed within 270 calendar days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 300 calendar days after the date when the Contract Times commence to run.

523.31 A

00500-1

4.03

 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above,  plus any extensions extensions thereof allowed in accordance accordance with Article 12 of the General General Conditions. The  parties also recognize recognize the delays, delays, expense, expense, and difficulties difficulties involved involved in proving proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1,000 for each day that expires after the time specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $800 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 – CONTRACT PRICE

5.01

Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraph 5.01.A  below: A. For all work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.

ARTICLE 6 – PAYMENT PROCEDURES

6.01

Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02

Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the last Friday of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: 1.

2.

523.31 A

Prior to Substantial Completion, progress payments will be made in an amount equal to the  percentage  percentage indicated indicated below but, in each case, less the aggregate aggregate of payments previously previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions: a.

95 percent of Work completed (with the balance being retainage).

 b.

95 percent of cost of materials and equipment not incorporated in the Work (with the  balance  balance being being retainage retainage). ).

Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less

00500-2

100 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03

Final Payment

A. Upon receipt of the final Application for Payment accompanied by Engineer’s recommendation of  payment  payment in accordan accordance ce with Paragra Paragraph ph 14.07 of the the General General Conditions, Conditions, Owner Owner shall shall pay Contract Contractor or as provided in Paragraph 14.07 of the General Conditions the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07, less any sum Owner is entitled to set off against Engineer’s recommendation, including but not limited to liquidated damages. ARTICLE 7 – INTEREST

7.01

All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum legal rate.

ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS

8.01

In order to induce Owner to enter i nto this Agreement Contractor makes the following representations: representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of surface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities), if any, that have  been identified identified in Paragraph Paragraph SC-4.02 SC-4.02 of the Supplement Supplementary ary Conditions Conditions as containing containing reliable reliable “technical data,” and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions as containing reliable “technical data.” E. Contractor has considered the information known to Contractor; information commonly known to Contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor’s safety precautions and programs. F.

Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

523.31 A

00500-3

H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I.

The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 9 – CONTRACT DOCUMENTS

9.01

Contents

A. The Contract Documents consist of the following: 1.

This Agreement (Pages 500-1 to 7, inclusive).

2.

Performance Bond (Pages 610-1 to 3, inclusive).

3.

Payment Bond (Pages 615-1 to 3, inclusive).

4.

General Conditions (Pages 700-1 to 62, inclusive).

5.

Supplementary Conditions (Pages 800-1 to 10, inclusive).

6.

Engineer’s Supplementary Conditions (Pages ESC-1 to 21, inclusive)

7.

Technical Specifications as listed in the table of contents of the Project Manual.

8.

Technical drawings – Sheets 1-4.

9.

Addenda (numbers

to

, inclusive).

10. Exhibits to this Agreement (enumerated as follows): a.

Contractor’s Bid (Pages 00410-1 to 00410-5, including all other pages of the Contractor’s Bid, through page 00499-2, inclusive).

 b.

Documentation submitted by Contractor prior to Notice of Award (Pages inclusive).

to

,

11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a.  Notice to Proceed Proceed (pages (pages 550-1 550-1 inclusive) inclusive)..  b.

Work Change Directives.

c.

Change Order(s).

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9.

523.31 A

00500-4

D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 – MISCELLANEOUS

10.01

Terms

A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02

 Assignment of Contract

A.  No assignment assignment by a party hereto hereto of any rights under under or interests interests in the Contract Contract will be binding binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03

Successors and Assigns

A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04

Severability

A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and  binding  binding upon Owner and Contractor, Contractor, who agree agree that the Contract Contract Documents shall be reformed reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05

Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05:

523.31 A

1.

“corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2.

“fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the  bidding process process or the execution execution of the Contract Contract to the detriment detriment of Owner, Owner, (b) to establish establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3.

“collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, noncompetitive levels; and

4.

“coercive practice” means harming or threatening to harm, directly or indirectly, persons or their  property  property to influence influence their participation participation in the bidding process or affect affect the execution execution of the Contract.

00500-5

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Agreement. Counterparts have been delivered to Owner Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on

(which is the Effective Date of the Agreement).

OWNER:

CONTRACTOR

By:

By:

Title:

Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

Attest:

Title:

Title:

Address for giving notices:

Address for giving notices:

City of Lakeport 225 Park Street Lakeport, CA 95453 License No.:

(If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, att ach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.)

523.31 A

00500-6

Agent for service of process:

ATTACHMENT TO AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

This attachment is to the Agreement made and entered into on {Insert Date of Contract} , by and between the City of Lakeport hereinafter “Owner” and {Insert Name of Contractor} hereinafter called “Contractor.” “Contractor.” This Contract is for that Work described in the Contract Documents entitled

1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIRS & RECOATING PROJECT This Contract shall not be effective unless and until approved by a delegated representative of USDA Rural Development.

CERTIFICATE OF OWNER’S ATTORNEY

I, the undersigned,____________ undersigned,______________________________ ___________________________ _________ the duly authorized and acting legal representative of___________________ of_____________________________________ _________________________, _______, do hereby certify as follows: I have examined the attached Contract(s) and performance and payment bond(s) and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective  parties named thereon; and that the foregoing agreements constitute valid and legally binding binding obligations upon the parties executing the same in accordance ac cordance with terms, conditions, and provisions thereof. I also am of the opinion that the Contractor’s insurance coverage(s) coverage(s) complies with the requirements of the Contract .

____________________________________ (Attorney’s Signature)

DATE:______________________________

AGENCY CONCURRENCE

As lender or insurer of funds to defray the costs of this Contract, and without liability for any  payments thereunder, the Agency hereby concurs in the form, content, and execution of this Agreement. BY:_________________________________

DATE:_____________________________

TITLE:______________________________

523.31 A

00500-7

Notice of Award Date: __________________

Project: 1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR & RECOATING PROJECT Owner: City of Lakeport

Owner's Contract No.:

Contract:

Engineer's Project No.:523.31 A

Bidder: Bidder's Address: [send Notice of Award Certified Mail, Return Receipt Requested]

You are notified that your Bid dated for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for the construction of the 1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR & RECOATING PROJECT

The Contract Price of your Contract is

Dollars ($

).

Four (4) copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. You must comply with the following conditions precedent within 15 days of the date you receive this Notice of Award. 1. Deliver to the Owner four (4) fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC-5.01). 3. Other conditions precedent: Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. City of Lakeport Owner By: Authorized Signature Title Copy to Engineer 

523.31 A

00510-1

Notice to Proceed Date: _________________ Project: 1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR & RECOATING PROJECT Owner: City of Lakeport

Owner's Contract No.:

Contract:

Engineer's Project No.:523.31 A

Contractor: Contractor's Address: [send Certified Mail, Return Receipt Requested]

You are notified that the Contract Times under the above Contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, Agreement, the date date of Substantial Completion is , and the date of readiness for final payment is [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is ]. Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions  provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to  purchase and maintain in accordance with the Contract Documents. Also, before you may start any Work at the Site, you must:  __________________________________  __________________________________ [add other requirements]. City of Lakeport Owner Given by: Authorized Signature City Manager Title

Date Copy to Engineer 

523.31 A

00550-1

PERFORMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR ( Name and Address):

SURETY ( Name,  Name, and Address of Principal Place of Business):

OWNER ( Name and Address): City of Lakeport 225 Park Street Lakeport, CA 95453 CONTRACT Effective Date of Agreement: Amount: Description ( Name and Location): 1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR & RECOATING PROJECT BOND Bond Number: Date ( Not earlier than Effective Date of ):  Agreement ): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR CONTRACTOR AS PRINCIPAL

SURETY

(Seal)

(Seal)

Contractor's Name and Corporate Seal By:

Surety’s Name and Corporate Seal By:

Signature

Signature (Attach Power of Attorney)

Print Name

Print Name

Title

Title

Attest:

Attest: Signature

Signature

Title Title  Note: Provide execution by additional parties, such as joint venturers, if necessary. 523.31 A

00610-1

Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is i ncorporated herein by reference.

1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to  participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety’s obligation under this Bond shall arise after: 2.1

Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner’s right, if any, subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor’s right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to : 1. Surety in accordance with the terms of the Contract; or 2. Another Contractor selected pursuant to Paragraph 3.3 to perform the Contract.

3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety’s expense, take one of the following actions:

3.1 3.2

Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or Undertake to perform and complete the Contract itself, through its agents or through independent Contractors; or 3.3 Obtain bids or negotiated proposals from qualified Contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution  by Owner and Contractor selected with Owner’s concurrence, to be secured with performance and  payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and  pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new Contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as  practicable after the amount is determined, tender payment payment therefore to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefore.

4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner.

5. After Owner has terminated Contractor’s right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for:

5.1

523.31 A

The responsibilities of Contractor for correction of defective Work and completion of the Contract;

00610-2

5.2 5.3

Additional legal, design professional, and delay costs resulting from Contractor’s Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance non-performance of Contractor.

6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors.

7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations.

8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent  jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

9.  Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature  page.

10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature signature page, including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied remedied nor waived, to perform or otherwise to comply with the terms of the Contract. 11.4 Owner Default: Failure of Owner, which has neither neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof.  Name, Addres Addresss and Telephon Telephonee) FOR INFORMATION ONLY – ( Name, Surety Agency or Broker: Owner’s Representative ( Engineer  Engineer or other other party party):

523.31 A

00610-3

PAYMENT BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

 Name and Address): CONTRACTOR ( Name

 Name, and Address of Principal Principal Place of SURETY ( Name,  Business):

 Name and Address): OWNER ( Name City of Lakeport 225 Park Street Lakeport, CA 95453

CONTRACT Effective Date of Agreement: Amount: Description:

1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR & RECOATING PROJECT

BOND Bond Number:  Not earlier than Effective Date of Date ( Not  Agreement ): ): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, hereby, subject to the terms set forth below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL

SURETY

(Seal)

(Seal)

Contractor's Name and Corporate Seal

Surety’s Surety’s Name and Corporate Seal

By:

By: Signature

Signature (Attach Power of Attorney)

Print Name

Print Name

Title

Title

Attest:

Attest: Signature

Signature

Title

Title

 Note: Provide execution by additional additional parties, such as joint venturers, venturers, if necessary. 523.31 A

00615-1

12. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors,

administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished  by Claimants for for use in the performance performance of the Contract, Contract, which is incorporated incorporated herein by reference. reference. 13. With respect to Owner, this obligation shall be null and void if Contractor: 13.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 13.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits

alleging non-payment non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default. 14. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes

 payment, directly or indirectly, indirectly, for all sums due. 15. Surety shall have no obligation to Claimants under this Bond until: 15.1 Claimants who are employed by or have a direct contract with Contractor have given notice

to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 15.2 Claimants who do not have a direct contract with Contractor:

1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3.  Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor. 16. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to

Surety, that is sufficient compliance. 17. Reserved. 18. Surety’s total obligation shall not exceed the amount of this Bond, and the amount of this Bond

shall be credited for any payments made in good faith by Surety. 19. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of

the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner’s priority to use the funds for the completion of the Work. 20. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are

unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any 523.31 A

00615-2

Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 21. Surety hereby waives notice of any change, including changes of time, to the Contract or to

related subcontracts, purchase orders, and other obligations. 22.  No suit or action shall be commenced by a Claimant under this Bond other than in a court of

competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 23.  Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on

the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 24. When this Bond has been furnished to comply with a statutory requirement in the location where

the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 25. Upon request of any person or entity appearing to be a potential beneficiary of this Bond,

Contractor shall promptly furnish furnish a copy of this Bond or shall permit a copy to be made. 26. Definitions 26.1 Claimant: An individual or entity having a direct contract with Contractor, Contractor, or with a first-

tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the  performance of the Contract. The intent of this Bond shall be to include without limitation in the terms “labor, materials or equipment” that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor’s subcontractors, and all other items for which a mechanic’s lien may be asserted in the  jurisdiction where the the labor, materials, or equipment equipment were furnished. furnished. 26.2 Contract: The agreement between Owner Owner and Contractor identified identified on the signature signature page, including all Contract Documents and changes thereto. 26.3 Owner Default: Failure of Owner, Owner, which has neither been remedied remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. Address, and and Telephon Telephonee ) FOR INFORMATION ONLY – ( Name, Address, Surety Agency or Broker:  Engineer or other ): Owner’s Representative ( Engineer ):

523.31 A

00615-3

Certificate of Substantial Completion Project: 1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR REP AIR & RECOATING PROJECT Owner: City of Lakeport

Owner's Contract No.:

Contract:

Engineer's Project No.:523.31 A

This [tentative] [definitive] Certificate of Substantial Completion applies to:

All Work under the Contract Documents:

The following specified portions of the Work:

Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [definitive] list of items to to be completed or corrected is attached hereto. This list may not  be all-inclusive, and the failure to include includ e any items on such list does not n ot alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: Amended Responsibilities Not Amended

Owner's Amended Responsibilities:

Contractor's Amended Responsibilities:

EJCDC C-625 Certificate of Substantial Completion 00625-1 Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 2 523.31 A

The following documents are attached to and made part of this Certificate:

This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents.

Executed by Engineer

Date

Accepted by Contractor

Date

Accepted by Owner

Date

EJCDC C-625 Certificate of Substantial Completion 00625-2 Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 2 of 2 523.31 A

CITY OF LAKEPORT City Council City of Lakeport Municipal Sewer District

STAFF REPORT RE: Request for Staff Direction / Enforcement of Time Limit for  Temporary Signs

MEETING DATE:  12-17-13

SUBMITTED BY:  Andrew Britton, Planning Services Manager PURPOSE OF REPORT :

Information only

Discussion

Action Item

 WHAT IS BEING ASKED OF THE THE CITY COUNCIL/BOARD:

Request for staff direction regarding the enforcement of the City's temporary sign regulations. BACKGROUND:

In 1991, the Planning Commission adopted Resolution No. 54 (copy attached, Exhibit 1) , which regulates the display of temporary signs in the City of Lakeport. Although the Resolution’s title (“Resolution … as to the Display of Inflatable Balloons …”) indicates that it addresses the display of inflatable balloons as a form of temporary signage, the resolution actually incorporates language from previous resolutions that interpreted the City’s Sign Ordinance (Lakeport Municipal Code Chapter 17.52) regarding the display of temporary signs such as banners and pennants. Resolution No. 54 defines temporary signage and indicates that temporary signs are “intended to be displayed for a limited period of time not to exceed thirty days in each calendar year (January through December).” The resolution adds that “only one type of temporary sign shall be allowed during the identified time period.” This final restriction is intended to prohibit the display of a cloth banner for thirty thirty days, then pennant-style streamers for thirty days, and then another form of temporary signage for another thirty days, etc.  This matter was brought to the Planning Commission for its input and d irection in September of this year due to the recent proliferation of temporary business signs in Lakeport, including the display of a relatively new type of temporary sign known as a “feather flag.” The Planning Commission discussed this issue at the September meeting at which time the Commission agreed that the “feather flags” are a form of temporary signage and are subject to the allowable display period set forth in Resolution No. 54.  The Planning Commission continued the discussion regarding r egarding enforcement strategies to its next meeting,  which took place in November. Please refer to the detailed Planning Commission staff report (Exhibit 2)  which includes additional background information and references a tabl e listing all of the Lakeport businesses displaying some form of temporary signage (banners, pennant-style flags or feather flags) as of November 2013. This table is also attached for the City Council’s review (Exhibit 3). As detailed, 90 Lakeport businesses were found to be displaying temporary signs in November 2013. Of those 90 businesses, it appears that 26 are using a temporary sign as their permanent sign and 76 appear to be displaying a temporary sign on a long-term basis (in excess of the 30-day per calendar year limit). DISCUSSION:

 The Planning Commission reviewed five different enforcement strategies which are presented in the staff report (Exhibit 2). Ultimately, after hearing testimony testimony from business owners, the Executive Executive Director of the the Meeting Date: December 17, 2013 123220.1

Page 1

Agenda Item #VIII.C.1.

Chamber of Commerce, and other interested parties, the Commission voted to recommend to the City Council to direct staff to contact businesses using banners, feather flags and other similar types of temporary signs to advise them of the established display time limit and request voluntary compliance beginning in 2014. The Commission suggested May 1, 2014 as the deadline for compliance for businesses relying on banners/temporary signs for their permanent business signage. The Commission agreed that this this  was the most “business friendly” enforcement strategy.  The Planning Commission’s action is described in the attached Minute Order (Exhibit 4). POINTS OF CONSIDERATION:

 Approximately three years ago, the Planning Commission suggested that enforcement of the time limit for the display of temporary signs should be a low priority for staff due to the severe economic downturn that affected our community. Staff was instructed to enforce the time limit if banners or other types of temporary signage were dilapidated, unattractive or posed a public safety issue.  Although the general economic climate appears to be improving recently, we are aware that many local businesses continue to struggle to remain open. The Planning Commission heard testimony suggesting that banners, feather feather flags, and other temporary signs are very important to certain businesses and that they have a positive impact on sales, foot traffic, etc. Staff has over 20 years of experience working with these regulations and we are confident that increased enforcement efforts will result in some negative feedback and suggestions that the City is not “businessfriendly.” However, the proliferation of temporary signs, including the feather flags, and the reliance reliance on temporary signs as permanent signage, negatively impacts the overall appearance of our community. The November 13, 2013 staff report to the Planning Commission (Exhibit 2) notes that the Community Design Element of the City’s General Plan addresses commercial signage and includes a policy (Policy CD 7.6, Pg.  V-16) intended to “facilitate the installation of attractive and functional signs.” Regarding prohibited signage, the General Plan (Pg. V-17) states “promotional banners, balloons or similar promotional devices should not be allowed, except when used on a temporary basis to celebrate a specific event approved by the City.” In addition to the General Plan language cited above, it is important to note that Municipal Code Section 17.52.010 sets forth the general purpose of the City’s sign regulations, including: •



Preserve and improve the appearance of the city as a place in which to live and to work and as an attraction to our visitors. (LMC 17.52.010 C.) Promote the retention of the special character and aesthetic appearance of the city. (LMC 17.52.010 E.)

Staff believes that the City’s existing sign regulations, including Planning Commission Resolution No. 54, address the display of temporary signs and establish a time limit which appears to meet the needs of a majority of our local businesses. OPTIONS:

1. Direct staff to begin enforcing the the City's temporary sign regulations as recommended by the Planning Commission, including the use of a form letter requesting voluntary compliance with the 30-day display limit in 2014. The letter would also advise business owners relying on temporary signs as their permanent signage that they will be required to install a permanent sign by May 1, 2014. The Community Development Department will work with business owners who need more time to purchase and install a permanent sign provided they commit to installing a permanent sign. 2. Consider one of the following options that were presented to the Planning Commission: •

 Amend Planning Planni ng Commission Resolution No. 54 to increase the allowable time limit for temporary signs from 30 days to 60 or 90 days or longer.

Meeting Date: December 17, 2013 123220.1

Page 2

Agenda Item #VIII.C.1.







Prepare individual letters to be sent to all businesses displaying temporary signage with specific information detailing the existing sign ordinance violations and requesting compliance. This letter  would also include information about the potential penalties (Administrative Citation) that can be imposed for violations of the City’s regulations. Prepare letters to businesses who are displaying feather flags in excess of the 30-day limit and request compliance with the 30-day display limit beginning in 2014. Enforce the temporary sign regulations only if the City receives a citizen complaint regarding the temporary sign’s appearance or length of display.

FISCAL IMPACT: None

$

Account Number:

Comments:

SUGGESTED MOTION:

Motion to direct staff to begin enforcement of the temporary sign regulations as described in Option 1 of this staff report.

 Attachments:

1. Planning Commission Resolution No. 54 2. Planning Commission Staff Report (November 13, 2013) 3.  Table of Lakeport Businesses Displaying Temporary Signs (November 2013) 4. Planning Commission Minute Order

Meeting Date: December 17, 2013 123220.1

Page 3

Agenda Item #VIII.C.1.

EXHIBIT 1

EXHIBIT 2

CITY OF LAKEPORT PLANNING COMMISSION

MEMORANDUM Temporary RE: Enforcement of Time Limit for Temporary

MEETING DATE: November 13, 2013

Signs SUBMITTED BY: Andrew Britton, Planning Services Manager PURPOSE OF REPORT:

Information only

Discussion

Commission Action

WHAT IS BEING ASKED OF THE PLANNING COMMISSION:

Continued discussion regarding enforcement of the time limit for the display of temporary commercial signs and recommendation to the Lakeport City Council. SUMMARY OF THE ISSUE:

This issue was previously discussed at the September 11, 2013 Planning Commission meeting. At that time the Planning Commission discussed the issue of temporary signs, particularly the feather-style signs that are now popular and being used by numerous Lakeport businesses. The Commission agreed that that feather flags are a form of temporary temporary signage as defined in Planning Commission Resolution No. 54 and are therefore subject to the display time limit of 30 days per calendar year set forth in the R esolution. Some of the Commissioners expressed concern about the appearance of the feather flags when they are displayed for extended periods, as is the case with most of them. Concerns were also expressed about the long-term use of typical banners and the use of banners as permanent signage in lieu of a typical permanent sign. Although the Planning Commission expressed a desire to begin addressing the long-term display of temporary signs, it was agreed to continue the discussion until the November Planning Commission meeting. DISCUSSION:

Planning Commission Resolution No. 54 sets forth the regulations for the display of temporary signs in the City of Lakeport. The resolution states states that temporary signage signage includes “any sign, “any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard or other light material.” The resolution also indicates that temporary signs are “intended to be displayed for a limited period of time not to exc eed thirty days in each calendar year ye ar (January through December).” The resolution adds that “only one type of temporary sign shall shall be allowed during the the identified time period.” period.” This final restriction was intended to address the display of a cloth banner for thirty days, then pennant-style streamers for thirty days, and then another form of temporary signage for another thirty days, etc.  _________________________________ ___________________________________________ _______________________________ __________________ _____________ Meeting Date: November 13, 2013

Page 1

Agenda Item VI. B.

The Community Design Element of the Lakeport General Plan addresses commercial signage and includes a policy (Policy CD 7.6, Pg. V- 16) intended to “facilitate the installation of attractive attractive and functional functional signs.” This policy also includes a related program (Program CD 7.6-a) 7.6- a) recommending that an updated sign ordinance address the quality of signage, prohibited signage and temporary signage. Regarding prohibited signage, the General Plan (Pg. V-17) V-17) states “promotional banners, balloons or similar promotional devices should not be allowed, except when used on a temporary basis to celebrate a specific event approved by the C ity.” Our existing sign regulations, regulations, including including Planning Planning Commission Resolution No. 54, address the display of temporary signs and establish a time limit. Community Development Department staff canvassed the City in early November and logged all of the businesses that are currently displaying some form of temporary signage: lightweight banners, banners, feather flags and/or and/or pennant-style signs. signs. The results are detailed detailed on the attached table (Attachment 1). Page 3 of the attachment includes a summary: a total of 83 businesses are displaying temporary signs, 24 businesses are using a temporary sign as a permanent sign, and 71 businesses appear to be displaying temporary signs on a l ong term basis. Staff advised the Planning Commission in September that we are open to considering other strategies to address address the long term display display of temporary signs. Based on the total number of businesses that appear to be in violation of the display time limit, complete enforcement will be a significant challenge due to limited enforcement staff and other work assignments. Staff has developed several options for consideration by the Pl anning Commission: 1. Amend Resolution No. 54 to increase the allowable time limit for temporary signs from 30 days to 60 or 90 days or longer. Comment: The majority of the temporary signs noted by staff appear to have been displayed for longer than than 90 days. Extending the display display time limit will only delay the need for enforcement action. 2. Develop a form letter to be sent to all businesses displaying temporary signage advising owners of the 30-day display limit and requesting voluntary compliance beginning in 2014. The same letter letter would also include information regarding the long term use of a temporary sign as a permanent sign with an indication that active enforcement will begin in 2014. Comment: This may be the most “business friendly” option. The use of banners, feather flags and pennant- style pennant- style flags are often used to supplement the business’ permanent sign. The suggested letter letter would request voluntary compliance with the 30-day display limit in 2014. The letter would also advise advise business owners owners relying on temporary signs as their permanent signage that they will be required to install a permanent sign in 2014. 2014. The City will gladly work with business owners owners who need more time to purchase and install a permanent sign provided they commit to installing a permanent sign. In staff’s opinion, the use of a temporary sign as a permanent sign on a long term basis is an important matter and should be a higher enforcement priority. 3. Prepare individual letters to be sent to all businesses displaying temporary signage with specific information detailing the existing sign ordinance violations and requesting compliance. This letter would also include information about the  _________________________________ ___________________________________________ _______________________________ __________________ _____________ Meeting Date: November 13, 2013

Page 2

Agenda Item VI. B.

potential penalties (Administrative Citation) that can be imposed for violations of the City’s regulations. regulations . Comment: This option would require a great deal of staff time and has the potential for being considered a “heavy handed” enforcement strategy. However, based on staff’s experience, it may be the most effective option to achieve compliance. 4. Prepare letters to businesses who are displaying feather flags in excess of the 30day limit and request compliance with the 30-day display limit beginning in 2014. Comment: The recent proliferation of feather flags in our community prompted bringing the temporary sign enforcement issue to the Planning Commission in September. It may be appropriate to require the timely timely removal of feather feather flags only, beginning in 2014. The City could also consider consider the adoption of a new Planning Commission Resolution specific to feather flags with a different display time limit than used for other types of temporary signs. 5. Enforce the temporary sign regulations only if the City receives a citizen complaint regarding the temporary sign’s appearance or length of display. IMPACTS/PROS AND CONS:

As described in the memorandum that was prepared for the September meeting, the enforcement of the City’s sign regulations  regulations   can be a very emotional issue for business owners. The Lake County Chamber of Commerce has has provided input suggesting that that some businesses credit the use of feather flags and banners for increasing their sales. The City is very sensitive to the the needs of our our local businesses. However, the long-term display of signs intended to be displayed on a temporary basis or the use of temporary signs as permanent signs is an aesthetic issue and can detract from the City’s overall appearance. Staff will forward a report to the City Council detailing the Planning Commission’s recommendation(s) regarding the enforcement enforcement of the temporary sign regulations. Staff will request additional direction from the City Council. OPTIONS:

See the options listed in the Discussion section above. SUGGESTED MOTION:

See options listed above. The motion would state that the “Planning Commission directs staff to forward Option #___ to the Lakeport City Council regarding the enforcement of temporary sign displays and also directs staff to request additional direction from the City Council.”

Attachment:

Table of Lakeport Businesses Displaying Temporary Signs as of 11/4/13

 _________________________________ ___________________________________________ _______________________________ __________________ _____________ Meeting Date: November 13, 2013

Page 3

Agenda Item VI. B.

EXHIBIT 3

CITY OF LAKEPORT BUSINESSES DISPLAYING BANNERS, FEATHER FLAGS, OR PENNANT PENNANT SIGNS - NOVEMBER 2013 No.

Business Name

Type of sign Banner or Flag

Condition

5 Sterli Sterling ng Mortga Mortgage ge 6 11th Street Street Mini Mini Storage Storage 7 Rico Rico Arom Aromaa 8 Subw Subway ay 9 Safe Safewa way y 10 Nozzolillo's 10  Nozzolillo's Parlour 

Banner  Banner  Banner"Kitchenettes" Banners (2) "Happy Hour" Banner over   permanent sign Feather Flags (2) Banners (2) Banner  Feather / Gas (1) Banner 

11 Lincoln Lincoln Levitt Levitt Insuranc Insurancee 12 Hairbi Hairbizz on 5th St. St. 13 Your One Stop Stop Party Party Shop

For lease Banner  Feather Flag

14 The Eiffel Flower

Banner   Ok  Banners (3) Karaoke & misc banners Front one is rear deck  dingy

1 Sici Sicily ly's 's 2 Men' Men'ss Pla Place ce 3 Skyl Skylar ark  k  4 Round Round Tabl Tablee Pizza Pizza

15 Clearl Clearlake ake Club Club

16 Don Angel Angel Vinyard Vinyard Wine Wine Tastin Tastin Feather  Banner  17 Expres Expresss Mart Mart Banner  18 Hong Hong Kong Resta Restaura urant nt Banner on lawn Banner on building 19 Farmers Insurance Banners (2) 20 Allens Allens Furnit Furniture ure Banner  21 Travel Travel Center Centerss 22 23 24 25

A-Z Cigare Cigarette ttess Shoreli Shoreline ne Storage Storage Transmissio Transmission n Exchange Exchange Hospice Hospice Thrif Thriftt Store Store

Banners (2) Feather Flag Feather Flags (2) Pennant Flags

Using as Permanent Sign?

Comments

"Open for  Dinner" Long term Long term

Ok  Ok 

 No Yes

Ok 

Ok  Ok  Ok  Ok  Ok  Old/dingy

Yes/Supplement Long term "Happy Hour"  No Long term owner wants Yes  permanent sign  No Long term  No Long term  No  No Long term  No Long term

Ok  Ok  Ok 

 No Yes  No

Older 

Yes

No

Ok  Dingy Ok 

 No Yes  No

Ok  Ok  Ok 

Yes (one)  No  No

Dingy Ok  Ok  Ok 

 No  No  No  N/A

Long term Long term Owner wants  permanent sign

Long term  No advertising. Long term Long term Long term Long term

Long term "Lottery" Long term Long term Long term

2

26 T.A.C. T.A.C. Beau Beauty ty Shop Shop 27 Livin' Livin' Made Made EZ 28 Lakeport Lakeport Tire Tire & Brake

29 30 31 32 33

McAtee McAtee Marine Marine Dream Machine Customs Lakepor Lakeportt Trailer  Trailer  Classi Classicc Auto Auto Body Body ER Energy

34 35 36 37 38 39 40 41 42 43

Lake Lake Co. Recor Record d Bee Main Main Street Street Nurser Nursery y Metr Metro o PCS PCS F & M Automo Automotiv tivee Recycling Recycling Center Center - (Lkpt (Lkpt Blvd.) Blvd.) Roya Royall Auto Auto Environment Environmental al Alternat Alternatives ives U.S. U.S. Cell Cellula ular  r  A-1 Check Check Cashin Cashing g UPS UP S Sto Store re

Feather Flags (3) Banners (2) Banners (2)

Banners (4+), Feather flags Banner   Banner  Banner  Banner  

Ok  Ok  Ok 

 No  No  No

Ok  Ok  Ok  Ok  Ok  Dingy Ok  Ok  Ok  Ok 

Yes-free standing Yes Yes  No  No  No-on monument sign  No  No Yes  No  No  No  No  No  No

Ok  Ok 

 No  No

Ok  Ok  Ok  Ok  Ok 

Long term Long term Many banners & signs, some facing Hwy 29. Long term Long term Long term Long term Long term

44 Block Blockbu bust ster  er  45 Brun Bruno' o'ss

Banner  Banners (4+) Banner  Banner  Feather Flags (2) Feather Flag Banners (2) Feather Flag Feather Flag Feather Flag Feather Flag & Banner  Banner 

46 Lakeside Lakeside Family Family Fun Fun Center  Center 

Flags tattered, Banners (8), Feather  torn, and one Yes - One Flags (7) dingy banner  Banner 

Lake Co. Community Action 47 Center

Ok 

Yes

Long term

48 49

Ok  Ok 

Yes  No

Long term Long term

Ok  Ok  Ok 

 No  No Yes

Long term Long term Long term

Ok  Ok 

 No  No

Ok 

 No

Long term Long term Long term, Hwy 29

50 51 52 53 54

Banner   Banners (2) Front/Back  Envy Envy Salon Salon Banners (3) City City Fitness Fitness Mendo Lake Home Respiratory Banner Services "Moved/Relocated" Banner  WIC WI C Progr Program am Circle of Native Minds Banner   Feather Flag & Many Banners McDo McDona nald ld's 's Banner  AAA

55 Campbell Campbell Lane Lane Mini Mini Storage Storage

Feather - Several

Long term Long term Long term Long term Long term Long term Long term Long term Long term Long term Long term Long term  No advertising on flags. Long term.

3

Kathy Fowler  56 Chevrolet/Chrysler

Banners - Several

Banner  Banner  58 Old Mendo Mendo Lake Lake Garage Garage Door  Door  Relocated/Old Banner  59 Serv Servpr pro o Parallel Mendo Lake Home Respiratory Drive/Banner "New Location" 60 Services Feather Flag (2) 61 Chev Chevro ron n Banner  62 Trinkets Trinkets & Treasur Treasures es Banner  63 Skin Skin Fitn Fitness ess Banner  64 Wr Wrig ight ht Look  Look  Banner  65 Sun Sun Dent Dental al Feather Flag 66 Aqua Aqua Man Man Spa Spass Banner - New Owner  67 Union Union Tattoo Tattoo Banner  68 Levi Levi Palmer Palmer,, DDS Banner  69 Lake Co. Christ Christian ian T.V. T.V. Banners on Fence (4 +) 70 Hillside Hillside Honda/Yamaha Honda/Yamaha Feather Flag 71 Susie Susie Q's Q's Donut Donutss 57 Quail Quail Run Run Fitness Fitness

72 La Fiest Fiestaa Marke Markett 73 Guerrero Guerrero Brother Brotherss Auto Body Body 74 TNT Restau Restauran rantt Disney Boat Rental at Willow 75 Point

Ok 

Yes- some  banners

Older 

 No

Long term Long term "New Owner" 3 + yrs.

Old Ok 

 No Yes

Long term Long term

Ok  Ok Dingy Ok  Ok  Ok  Ok 

 No Yes  No  No  No  No

 No Ok  Yes Dingy Kind of dingy Yes Ok  Ok 

 No  No

Long term Long term Long term Long term Long term Long term Long term Long term Long term Fence Banners Long term 30+ days

Banner/Feather Flag Torn-dingy Banner  Ok  Banners (3) Ok

 No  No

Long term Long term Long term

Banner

Ok 

Yes

Ok  Dingy

 No Yes

Long term  No advertising Long term Long term

 

76 Bell Hill Hill Vinyard Vinyard Wine Wine Tasting Tasting Feather Flags (2) Banner  77 Parkvi Parkview ew Podiatr Podiatry y 78 Loga Logan' n'ss Bar  Bar  79 Lakeport Lakeport English English Inn 80 Lakepor Lakeportt Car Wash Wash Veronica's Jewelers (@ Main St. 81 Cleaners)

Banner - Back Deck  Ok  Banners (2) Ok  Pennant Flags OK 

 No  No  N/A

Feather

OK  

 No

82 Gateway Business Plaza 83 Head Feathers Salon

Banners Banner  

Dingy OK 

 No Yes

30 + Days Christmas Season Long term Displayed when  business is open "For Lease", long term Long term

84 Walker Tire

Feather  

Dingy

 No

Long term

4

85 Morgan Lane Real Estate 86 Clear Lake Baptist Church

Banner   Banner  

OK  OK 

Yes  No

87 Hospice Admin Office 88 Verizon Wireless

Banner   Banner  

OK  OK 

Yes  No

89 Linda's Hallmark

Banner  

OK 

 No

Chance Vintag Vintagee & Thrift Thrift Banner  90 Second Chance

OK 

Yes

Total number of businesses displaying temporary signs: 90

Long term Banner stretched tight over  freestanding sign, long term "Now Hiring"

"Open House"

Total number of businesses using  Total number of businesses using  temporary sign as permanent  temporary signs on long term sign: 26  basis: 76 

EXHIBIT 4

CITY OF LAKEPORT Community Development Department 225 PARK STREET LAKEPORT, CALIFORNIA 95453

TELEPHONE 707.263.5613 x28 FAX 707.263.8584 E-MAIL [email protected]

November 20, 2013

Honorable Mayor & Members of the City Council City of Lakeport Dear Council Members: Please be advised of the following action taken by the Lakeport Planning Commission: MINUTE ORDER LAKEPORT PLANNING COMMISSION REGULAR MEETING (November 13, 2013) OA 13-05 / Enforcement of Temporary S ign Regulations: After a Public Meeting was conducted which included testimony from several local business owners and other interested parties, a motion was made by Commissioner Taylor that the Planning Commission recommend to the City Council to direct Community Development Department staff to contact businesses using banners, feather flags and other similar types of temporary signs to advise them of the established display time limit and request voluntary compliance beginning in 2014. The Commission recommended the use of a form letter to be sent to the businesses and suggested May 1, 2014 as the deadline for compliance for businesses relying on banners/temporary signs for their permanent business signage. The motion was seconded by Commissioner Russell and approved by a 5-0 vote. The Planning Commission acknowledged that this was the most “business friendly” of the several options presented for their consideration. Respectfully submitted,

Andrew Britton Planning Services Manager Community Development Department

CITY OF LAKEPORT City Council City of Lakeport Municipal Sewer District

STAFF REPORT RE: Utility Truck Purchases

MEETING DATE:  12/17/2013

SUBMITTED BY: Mark Brannigan, Public Works Director PURPOSE OF REPORT :

Information only

Discussion

Action Item

 WHAT IS BEING ASKED OF THE THE CITY COUNCIL/BOARD:

 The City Council is being asked to authorize the City Manager to sign sales contracts for for the purchase of two utility trucks. BACKGROUND: During the 2013/2014 budget workshops the need for replacement of two Public Works utility trucks (one for the water enterprise and the other for the utility construction division which is split spli t between water and sewer enterprise) was discussed and included in the budget. A bid package was written written up which listed all of the specifications requested and a request for the dealers bottom line cost. In October of this year the bid bi d spec package for the two trucks was sent to local and regional dealerships for the two trucks. The deadline for the sealed bid submittal was November 20th. The City received four (4) bids for the half ton utility truck and two (2) bids for the ¾ ton utility truck. The lowest responsible bidder for both trucks was Corning Ford. Corning Ford was asked to send a basic sales contract for authorization of funds. DISCUSSION: During the development of the bid packages staff was careful to ensure that all bid specifications could be met by all the domestic auto makers. OPTIONS:  Authorize the City Manager to sign the sales contracts or provide direction to staff. staff. FISCAL IMPACT: None $52,500 / $29,951.83  Account Number:  501/601-*-983.000 Enterprise for the 1/2 ton truck and share of 3/4 ton truck. truck. Comments: $52,500 from the Water Enterprise $29,951.83 from the Sewer Enterprise towards the 3/4 ton truck. SUGGESTED MOTIONS:

Move to authorize the City Manager to sign the Sales Contracts for two (2) utility trucks

 Attachments:

1. Corning Ford Bid Document - 3/4 ton truck 2. Corning Ford Bid Document - 1/2 ton truck 3. Sales Contract

Meeting Date: 12/17/2013

Page 1

Agenda Item #VIII.D.1.

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