AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL AND THE BOARD OF DIRECTORS OF THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT
Tuesday, October 2, 2012 City Council Chambers, 225 Park Street, Lakeport, California 95453
Any person may speak for three (3) minutes on any agenda item; however, total public input per item is not to exceed 15 minutes, extended at the discretion of the City Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.

I. II. III.

CALL TO ORDER & ROLL CALL: PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA: Urgency Items:

6:00 p.m.

Move to accept agenda as posted, or move to add or delete items. 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.
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. Removed items will be considered following the Consent Calendar portion of this agenda.

IV.

CONSENT AGENDA:

A. B. C. D. V.

Ordinances: Warrants: Minutes: Unrepresented Employees MOU

Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934. Approve warrant registers from September 12, 2012, and September 26. 2012. Approve minutes of the regular City Council meeting of September 18, 2012. Approve MOU with the City of Lakeport Unrepresented Employees.

PUBLIC PRESENTATIONS/REQUESTS: A. 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 tonights agenda. Persons wishing to address the City Council are required to complete a Citizens 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.

VI.

COUNCIL BUSINESS: A. Public Works Director 1. Resolution Certifying Protest Vote Results 2. Resolution Amending Water Rates 3. Resolution Amending Sewer Rates Adopt resolution certifying the results of the protest hearing regarding proposed water and sewer rate increases. Adopt resolution rescinding Resolution Numbers 2144 (2003), 2267 (2006), 2270 (2006) and establishing water rates, fees and charges. Adopt resolution rescinding Resolution Numbers 2068 (2001), 2145 (2003), 2268 (2006), 2308 (2007), and 2317 (2008) and establishing sewer rates, fees and charges. Authorize the expenditures, not to exceed $60,000, for the services needed to replace the granular activated carbon in two of the four vessels located at the Lakeport surface water treatment facilities.

4. Carbon Filter Media Replacement

B.

Police Chief 1. Application No. 2012-022 Approve Application No. 2012-022 for Eternally Wired Youth Ministries to hold a Harvest Revelation on October 31, 2012, on Mellor Drive between Nineteenth and Twentieth Streets with staff recommendations. Adopt Resolution allocating funds from the Supplemental Law Enforcement Services Fund (SLESF) pursuant to a written request from the Chief of Police.

2. Resolution Allocating Funds from the SLESF VII. CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports, if any:

City Council Agenda of October 2, 2012

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VIII.

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 Clerks Office at 225 Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeports website, www.cityoflakeport.com, subject to staffs ability to post the documents before the meeting.

In compliance with the Americans with Disabilities Act, the City of Lakeport will make available to members of the public any special assistance necessary to participate in
this meeting. The public should contact the City Clerks Office at (707) 263-5615 to make such a request. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

_______________________________________ Janel M. Chapman, City Clerk

MINUTES
LAKEPORT CITY COUNCIL AND BOARD OF DIRECTORS OF THE CITY OF LAKEORT MUNICIPAL SEWER DISTRICT REGULAR MEETING
September 18, 2012
I. CALL TO ORDER: ROLL CALL: Mayor Mattina called the regular meeting of the City Council of the City of Lakeport and the Board of Directors of the Lakeport Municipal Sewer District to order at 6:00 p.m. with Council Members Roy Parmentier, Robert Rumfelt, Suzanne Lyons, and Tom Engstrom present. The Pledge of Allegiance was led by Erin Hagberg. A motion was made by Council Member Parmentier, seconded by Council Member Rumfelt, and unanimously carried by voice vote to accept the agenda as presented.

II. III.

PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA:

IV.

CONSENT AGENDA: A. B. C. D. E. F. G. Ordinances Minutes: Building Permit Report Lakeport Police Officers Association MOU Application No. 2012-020 Application No. 2012-021 Notice of Completion High Street Chip Seal Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code 36934. Approve minutes of the regular City Council meeting of September 4, 2012. Receive and file Building Permit Report for August, 2012. Approve MOU with the Lakeport Police Officers Association effective July 1, 2012, through June 30, 2014. Approve Application No. 2012-020 for the Lakeport Elementary School for its annual Halloween Parade on Wednesday, October 31, 2012. Approve Application No. 2012-021 for Clear Lake High School for its annual Homecoming Parade on Friday, September 28, 2012. Approve the High Street Chip Seal Project as complete and authorize the Notice of Completion to be signed by the Mayor and recorded by the City Clerk. A motion was made by Council Member Parmentier, seconded by Council Member Rumfelt, and unanimously carried by voice vote to approve the Consent Agenda as posted.

Vote on Consent Agenda

V.

PUBLIC PRESENTATIONS/ REQUESTS: A. Citizen Input There was no citizen input.

VI.

PUBLIC HEARING: A. Proposition 218 Hearing for Water and Sewer Rate Increase Public Works Director Brannigan gave a presentation about the proposed water and sewer rate increase. The public hearing in conformance with Proposition 218 on a proposed water and sewer rate increase was opened at 6:39 p.m. The following spoke in opposition: Verna Shaeffer, Debbe Blake, Bob Bridges, Liz Hotchkins, John Sanderson, Bruce Brower, Brian Manning, Jo Gossett, Bill Whipple, Brad Barnwell, Mary Nolan, Tim Carley, Nancy Ruzicka, Dorothy Shadeshear Standard, Arlin Pischke, Mary Kaye Hauptman, Marilyn Johnson, Kim Beall, Keith Kirsch, Ed LaVelle, Mary Miche, and Mary Ann Larrea. The following persons spoke but did not express opposition: Sarah Ryan, Mark Spillman, Martin Scheel, and Steve Jones. The public hearing was closed at 8:47 p.m. A motion was made by Council/Board Member Engstrom, seconded by Council/Board Member Rumfelt, and unanimously carried by voice vote to direct staff to tabulate and verify protests and bring this item back on the next regular agenda.

Minutes of the Lakeport City Council Meeting of September 18, 2012

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VII.

CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports: Council Member Rumfelt expressed concerns with the school and pedestrian crossings. He is particularly concerned with the intersection of High and Twentieth Streets. He suggested placing some pedestrian crossing signs similar to those in front of the courthouse. City Engineer Harter indicated that he will also research and activated beacon. Council Member Rumfelt indicated that he will be out of town but will be returning for our next council meeting. Council Member Parmentier also indicated that he would be gone this coming week but will return for the next council meeting. Finance Director Buffalo expressed thanks to the Super Reese Theatre for being prepared to host tonights meeting of the crowed necessitated it. He also thanked Margaret and the rest of staff and said that he is proud to be a part of this team. Public Works Director Brannigan indicated that he was glad to see so many people at city hall getting involved in the process. City Manager Silveira indicated that she feels privileged to work with such a professional staff. She will be on vacation starting tomorrow and will return on October 1. Community Development Director Knoll will be Acting City Manager in her absence. Council Member Lyons reported that the mobile vendors committee met and has come up with some good ideas. Information will be brought back to the Council. She also indicated that the Lakeport Main Street Association held its first Shipwreck Day and thanked City Manager Silveira, Council Member Rumfelt, Police Chief Rasmussen, and Supervisor Rob Brown for going into the dunk tank. Council Member Engstrom reported that he has been gone for the past ten days. He thanked Public Works Director Brannigan and Finance Director Buffalo for their presentation at tonights meeting. Council Member Engstrom will be attending the Clear Lake Advisory Committee meeting on Friday. Council Member Rumfelt thanked Mayor Mattina for doing a good job in handling the public hearing. Administrative Services Director Buendia reported that she has been working on the utilities superintendent recruitment. Mayor Mattina reported that she, Council Member Lyons, and City Manager Silveira met with school board representatives. They have established a good working relationship. She also reported that she and Council Member Parmentier attended an uneventful APC meeting.

VIII. ATTEST

ADJOURNMENT:

Mayor Mattina adjourned the meeting at 9:42 p.m. APPROVED

____________________________________ JANEL M. CHAPMAN, City Clerk

___________________________________________ STACEY MATTINA, Mayor

CITY OF LAKEPORT UNREPRESENTED EMPLOYEES COMPENSATION AND BENEFITS PROGRAM

Adopted: October 2, 2012

CITY OF LAKEPORT UNREPRESENTED EMPLOYEE COMPENSATION PROGRAM

Table of Contents
SECTION 1: INTRODUCTION ........................................................................................................... 1 1.1 Employee Definitions: ...................................................................................................... 1 1.2 Purpose of the Unrepresented Employee Compensation and Benefits Program ........... 1 1.3 Employees Covered.......................................................................................................... 2 1.4 Exempt Status of Employees Covered ............................................................................. 2 1.5 Term .................................................................................................................................. 3 SECTION 2: EMPLOYMENT CONTRACTS ........................................................................................ 3 SECTION 3: EMPLOYEE SALARY COMPENSATION .......................................................................... 3 3.1. Furlough ........................................................................................................................... 3 3.2 Salary Schedule ................................................................................................................ 3 3.3 Merit Adjustments ........................................................................................................... 3 3.4 Recruitment/Retention Adjustments .............................................................................. 3 3.6 Acting Pay Assignments: .................................................................................................. 4 SECTION 4: RETIREMENT BENEFITS ............................................................................................... 5 4.1 Retirement ....................................................................................................................... 5 4.2 Retirement Medical Benefit ............................................................................................. 5 SECTION 5: INSURANCE BENEFITS ................................................................................................. 8 5.1 Health Insurance .............................................................................................................. 8 5.2 Dental Insurance .............................................................................................................. 9 5.3 Vision Insurance ............................................................................................................... 9 5.4 Life Insurance ................................................................................................................... 9 5.5 Employee Assistance Program (EAP) ............................................................................... 9 SECTION 6: HOLIDAYS .................................................................................................................... 9 SECTION 7: VACATION LEAVE ...................................................................................................... 10 7.1 Policy and Intent ............................................................................................................ 10 7.2 Vacation Entitlement ..................................................................................................... 10 7.3 Vacation Accrual ............................................................................................................ 11 SECTION 8: MANAGEMENT LEAVE............................................................................................... 11 SECTION 9: OTHER LEAVES OF ABSENCE ..................................................................................... 12

9.1 Compensation for Unused Sick Leave............................................................................ 12 SECTION 10: TRAINING AND PROFESSIONAL GROWTH .............................................................. 12 10.1 Professional Seminars and Training ............................................................................. 12 10.2 Professional Membership Fees .................................................................................... 12 SECTION 11: OTHER BENEFITS ..................................................................................................... 13 11.1 Uniform Allowance and Equipment Issuance .............................................................. 13 11.2 Vehicle Reimbursement for At-Will Management ...................................................... 13 11.3 Technology Allowance .................................................................................................. 13 11.4 Cell Phone Stipend ....................................................................................................... 13 11.5 Prior Arrangements/Agreements ................................................................................ 13 SECTION 12: TERMINATION ALLOWANCE ................................................................................... 13 12.1 Severance Pay .............................................................................................................. 13 12.2 Allowance Schedule ..................................................................................................... 14 12.3 Voluntary Resignation .................................................................................................. 14

SECTION 1: INTRODUCTION
1.1 Employee Definitions: At-Will Management Employee an employee who serves at the will of the City Manager and who has responsibility for formulating, administering, and/or managing City policies and programs. In the City, this would typically be Department Heads. Mid-Management Employee an employee who reports to the Department Head and who has assists in administering policies and programs while engaging in day to day operations and supervision. Confidential Employee an employee, who in the course of his or her duties, has access to confidential information relating to the Citys administration of employer-employee relations. This access may include instances of an occasional but critical nature or due to the employee whose position requires the incumbent to provide direct administrative support to a manager who has such access. Part-time/Seasonal/Temporary Employee an employee who is less than full-time or employed for a temporary duration, or to a limited, but specified period of time for training purposes. Assignments may be to specified programs that may continue from year-to-year or as part of a training program for a limited duration. Part-time/Seasonal/Temporary employees are not eligible for City benefits. 1.2 Purpose of the Unrepresented Employee Compensation and Benefits Program For At-Will Management and Mid-Management employees, this Program is adopted to promote the development of a stronger, more effective Management Team, not merely for purposes of employer-employee relations but also as a means of recognizing outstanding management performance in all public service areas. These general purposes may be achieved through several means, notably: training, more effective communication among departments, clear identification of goals and objectives, and by relating effective job performance to an incentive program. Also inherent in such a program is the means of retaining good Department Heads and strengthening the managers (if any) whose effectiveness and performances fall short of reasonable levels of expectation. For Confidential and Part-Time/Seasonal /Temporary employees, this resolution recognizes and rewards performance and ensures that employees who are not represented by a union are treated at least equally to represented employees. Because of the nature of their jobs, these employees serve the City without any representation and should not suffer as a consequence.

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1.3 Employees Covered Employees covered under this program shall include the following: A. At-Will Management Administrative Services Director City Clerk City Engineer Community Development Director Redevelopment, Housing and Economic Development Director Finance Director/Manager Police Chief Public Works Director/Superintendent Mid-Management Utilities Superintendant I/II Police Lieutenant Planning Services Manager Chief Building Official Confidential Part-Time/Seasonal/Temporary Lifeguard Office Specialist Special Police Investigator School Resource Officer Evidence Custodian Designated Level 1 Reserve Officer, paid

B.

C. D.

Additional job classes may be added to the Unrepresented Program from time to time, based upon the creation of additional City departments/divisions, the addition of new positions, or by the reclassification of existing positions to either At-Will Management, Mid-Management, Confidential, or Part-Time/Seasonal/Temporary based upon the nature of the work. 1.4 Exempt Status of Employees Covered Based upon the nature of the work, it is expressly understood that the At-Will Management and Mid-Management employees covered under this program are exempt from the overtime provisions of the Federal Fair Labor Standards Act. Other positions within Confidential and Part-Time/Seasonal/Temporary employee groups are evaluated for FLSA coverage on a position-by-position basis.

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1.5 Term This document shall be in effect during the period of July 1, 2012 through June 30, 2014.

SECTION 2: EMPLOYMENT CONTRACTS

The At-Will Management employees may, at the discretion of the City Manager, enter into an employment contract, confirming the At Will status of the employee and setting forth any special pay or benefits such as severance pay. Employment contracts with all At-Will Management employees will be approved by the City Manager. Where there are conflicting terms and conditions between this resolution and an employment contract, the greater benefit shall apply.

SECTION 3: EMPLOYEE SALARY COMPENSATION

3.1. Furlough Full-time employees will observe a total of 6 furlough days per fiscal year between July 1, 2012, and June 30, 2014. Furlough days are considered to be leave without pay and shall have no effect on other benefits or accrual rates. Furlough days shall be scheduled as follows: Thanksgiving Week Christmas Week 3.2 Salary Schedule The salary ranges have been established by the City Council and will not change during the term of this document. There is no cost of living adjustment (COLA) for the term of this document. There will be no salary survey for the term of this document. 3.3 Merit Adjustments Typically, where there exists an adopted salary schedule, merit adjustments may be made by the City Manager upon recommendation of the direct supervisor and department head policy based on the employees performance. Performance reviews with the potential for merit increases will occur no less frequently than annually on an employees anniversary date. Additional merit increases may be approved by the City Manager for documented exceptional performance. 3.4 Recruitment/Retention Adjustments On occasion, situations may occur when adjustments may be necessary to At-Will Management or Mid-Management salary ranges for documented recruitment or retention problems. The City Manager is authorized to adjust the salary range of a management position up to 10 percent without Council approval if one of the following conditions is met: 2012 November 16, 19, 20 December 26, 27, 28 2013 November 25, 26, 27 December 23, 26, 27

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Recruitment Problem If the City makes an extensive effort to recruit qualified candidates including outreach, advertising, and procuring the services of an executive recruiter and that recruitment is not successful based upon the Citys compensation package, then the City Manager can authorize an adjustment to the salary to attract qualified candidates. Retention Problem In rare cases, it may be necessary for the City to increase a managers pay for retention purposes. This would require that the manager have a bona fide offer, in writing, from another organization with a significant increase in pay or other similar justification. 3.6 Acting Pay Assignments: A. When an Unrepresented Employee is assigned to work in a higher classification for which the compensation is greater than that to which the employee is regularly assigned, and the employee works in such assignment for more than 15 work days, the employee shall receive compensation for such work retroactive to the first day of the assignment at the rate of pay established for the higher classification, under the following conditions: 1. The Unrepresented Employee is assigned to a program, service or activity established by the City Council which is reflected in an authorized position which has been classified and assigned to the Salary Schedule and such authorized position has become vacant due to the temporary or permanent absence of the position's incumbent. A copy of the department head's written approval of this assignment must be submitted to the Administrative Services Director at the start of the assignment. The nature of the departmental assignment is such that the Unrepresented Employee in the lower classification becomes fully responsible for the duties of the position of the higher classification.

2.

B.

Notwithstanding Paragraph A. 1. above, in an exceptional circumstance when a vacancy does not exist but a employee has been assigned to perform duties which exceed the scope of that Unrepresented Employee's classification, and when determined and justified by the City Manager, in his/her sole discretion, an employee will be entitled to pay for a higher classification, which shall not be less than 5% of the employee's base salary. Unrepresented Employees selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures provided in this agreement. Higher pay assignments shall not exceed six (6) months except through reauthorization.

C.

D.

E.

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F.

If approval is granted for pay for work in a higher classification and the assignment is terminated and later re-approved for the same employee within thirty (30) days, no additional waiting period will be required.

G. Allowable work location differentials will be paid on the basis of the rate of pay for the higher class.

SECTION 4: RETIREMENT BENEFITS

The following benefits do not apply to the Part-Time/Seasonal/Temporary employee group. 4.1 Retirement The City shall provide retirement benefits under the Public Employees Retirement System plan commonly known as 2.5% @ 55. City shall also provide highest final year compensation factor (Section 20042) and conversion of unused sick leave to service credit. IRS provision 414 (h) (2) shall also be implemented to provide for payment of employees share of PERS premium from non-taxed dollars. Management reserves the right to implement a 2-tier retirement system through PERS for new hires. This means that at some point in the future if determined to be in the best interest of Lakeport, new hires may be enrolled in a retirement plan that provides less benefit than the current 2.5% @ 55 PERS plan now covering miscellaneous employees. The Police Chief and Lieutenant shall be enrolled in the PERS plan offered to City of Lakeport public safety officers. 4.2 Retirement Medical Benefit 4.2.1 For regular, full-time employees hired before April 5, 1999, retiring from the City of Lakeport with Service or Industrial Injury Retirement, City agrees to offer and provide/pay the appropriate premium(s) for retiree and eligible dependent(s) medical insurance under the following conditions: To be eligible the retiree and dependent(s) must have been enrolled in the Citys medical plan for a period of one year and/or in accordance with REMIF policy prior to the effective date of retirement and provide annual proof of dependent eligibility Retirement as used in this document shall mean separation from city service due to, voluntary retirement, retirement due to the employees sustaining an industrial injury or retirement through a reduction in force (layoff) where the employee otherwise meets all requirements for receipt of retiree health benefits under these rules. This addition is not changing the rule that an involuntary termination from city service as a result of discipline precludes the entitlement to any retiree benefits under this section but to further define involuntary separations from service where retiree health benefits may be paid.

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To be eligible the retiree and dependent(s) must elect to continue with such to coverage within thirty (30) days of the eligible employees retirement date. Thereafter retiree and dependent(s) are ineligible to participate in the Citys offered program. At the inception of retiree coverage the eligible dependents are only those who prior to the subscriber/employee retirement from city service were covered under the city sponsored health plan. This means that should the retiree remarry, adopt or otherwise acquire new dependents, City shall have no obligation to pay any portion of the health care premiums for such new dependants. The retiree (if they are otherwise eligible to participate in the health plan) may enroll at his or her own cost these new dependents. To continue eligibility retiree and dependent(s) shall enroll in Medicare and/or MediCal or any other welfare benefit program for which eligible as soon as eligible. The City does not pay for Medicare A or B but will continue contribution to the health insurance program offered through Citys primary health insurance plan provided the employee enrolls in relevant public health benefit program described above and for prescription drug coverage enrolls through Blue Cross in Medicare Part D. This requirement shall also apply to eligible dependent(s). Under the Consolidate Omnibus Budget Reconciliation Act (COBRA) of 1985, certain qualifying events allow qualified retiree eligible dependents to continue enrollment in a group health benefit, for a specific limited time. This is separate from the retiree health care program. Nevertheless, the City will fully comply with the COBRA requirements should a retirees dependents become eligible. If the City changes the primary health insurance plan after effective retirement date of eligible retiree, retiree and dependent(s) must change to new plan or lose retiree coverage benefit. (Note: employees represented by Lakeport Safety Officers Association unit have been provided permission to enroll in Operating Engineers medical program and retirees from that unit meeting above criteria would be allowed to remain in that program as long as continuing unit represented employees stay in that program. All other current City employees and eligible retirees are enrolled in REMIF administered Blue Cross program.) City contribution toward retiree and dependent(s) premiums shall not exceed the maximum premium that the City contributes for the City sponsored plan for active employees. The benefits provided under this section will continue for such retired employees and their legal dependent(s), if any, while said retired employee is alive. In the event of the retired employees death, coverage will continue for the spouse until the spouse dies or remarries. In addition, the benefits provided under this section will continue for said retired or deceased employees legal dependent children who qualify as an Internal Revenue Service dependent until such children reach the age of disqualifications as stated in the current health plan contract or the spouse remarries, whichever occurs earliest.

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Continuous service is defined as consecutive years of regular, full-time employment with the City. Any separation from City employment will void any previous accrual towards length of continuous service for purposes of this section, unless otherwise waived by the City Manager and due to extenuating circumstances. Layoffs with subsequent restoration and approved City paid or unpaid leaves do not constitute separation from City service for the purpose of this section. Any retired employee who, after retirement from City, becomes employed elsewhere and is covered by medical insurance by his/her new employer, said coverage provided by City to the retired employee will be considered secondary to the coverage provided by his/her new employer, his/her new employers coverage shall be considered primary. Any spouse of a deceased employee or deceased retired employee who is receiving benefit coverage as provided under this section, becomes employed and is covered by medical benefits by his/her employer, said coverage provided by City will be considered secondary to the coverage provided by the spouses employer, and his/her employers coverage shall be considered primary. For 2010-2011 active employees, early retirees, and retirees shall receive no more than the following city contribution for a city-selected health plan: Family Couple Single $1,101.90/monthly $ 771.30/monthly $ 366.94/monthly

For 2011-2012, active employees, early retirees and retirees will receive the following city contribution for a city-selected health plan: Seventy-six percent (76%) of the monthly premiums will be paid by the city, rounded up or down to the closest dollar. The city contribution for early retirees and retirees shall not exceed the contribution for an active employee. 4.2.2 For regular, full-time employees hired after April 5, 1999, but before July 1, 2005, retiring from the City of Lakeport with Service or Industrial Injury Retirement, City agrees to offer and provide/pay towards the appropriate premium(s) for retiree and eligible dependent(s) medical insurance as stated in 4.2.1 with the following exception: At the inception of retiree coverage the eligible dependents are only those who prior to City contribution towards retiree and dependent(s) medical coverage benefit for those retiring with Service Retirement is based on the following formula:

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Years of Continuous Service 12 15 18 21

% of Cost Covered by City 40 60 80 100

City contribution towards retiree and dependent(s) medical coverage benefit for those retiring as a result of industrial injury is based on the following formula: Years of Continuous Service 5 plus 10 plus % of Cost Covered by City 50 100

4.2.3 For employees hired after July 1, 2005, and retiring from the City of Lakeport under Service or Industrial Injury retirement provisions, City agrees to allow enrollment in City group medical plans at retirees sole expense. This option shall cease upon death of retiree, though dependent(s) shall be provided COBRA or other legally required notice and benefits if they choose to stay in City group medical plan for the period of such COBRA benefit. All other terms and conditions stated 4.2.1 shall apply. No Retiree Medical Benefit will be provided to those employees hired after July 1, 2005, other than described above.

SECTION 5: INSURANCE BENEFITS

The following benefits do not apply to the Part-Time/Seasonal/Temporary employee group. 5.1 Health Insurance For the REMIF administered Blue Cross medical insurance plan, the City will contribute seventysix percent (76%) of the monthly premiums and employees twenty-four percent (24%) of the monthly premiums. For the fiscal year 2010- 2011 it is agreed that the City paid portion of the premiums will be as follows: Family Couple Single $1,101.90/monthly $ 771.30/monthly $ 366.94/monthly

For the fiscal year 2011-2012 it is agreed that the City paid portion of the premiums will be calculated as a percentage of the premium for the selected plan rounded up or down to the closest dollar. The 76%-24% premium sharing shall begin in the first month where the City is billed for the new 2011-2012 Blue cross health premiums. The 24% of premium cost shall be

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made by way of payroll deduction from each bi-monthly check as has been the standard past practice. Upon proof of coverage under an alternate medical insurance program an employee choosing to drop medical insurance coverage under the Blue Cross Plan will be paid an amount equal to 75% of the cost of the couple rate. 5.2 Dental Insurance For the REMIF administered Delta Dental Plan, the City will contribute the entire premium for the duration of this MOU. The City shall supplement the existing Delta Dental orthodontic maximum lifetime benefit of $1,000 per enrollee to the sum of $2,000 per enrollee. 5.3 Vision Insurance For the VSP vision insurance plan, the City will contribute the entire premium for the duration of this MOU. 5.4 Life Insurance For the REMIF administered Life & AD&D Insurance Plan currently with Jefferson Pilot Financial, and the Long Term Disability Insurance Plan currently with Jefferson Pilot Financial, the City will contribute the entire premium for the duration of this MOU. The Life and AD&D plan currently provides benefits based on one times Basic Annual Earnings, rounded to the next higher $1,000, subject to a maximum of $100,000. The Long-Term Disability Insurance plan currently provides benefits up to maximum of $6,000 monthly based on two-thirds of salary with an elimination period of 90 calendar days of disability within a 180 calendar day period. 5.5 Employee Assistance Program (EAP) For the REMIF administered Employee Assistance Program; the City will contribute the entire premium for the duration of this MOU.

SECTION 6: HOLIDAYS
The following benefits do not apply to the Part-Time/Seasonal/Temporary employee group. All unrepresented employees shall receive the following paid holidays: New Years Day Martin Luther Kings Day Presidents Day Memorial Day Page 9

Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day New Years Eve

It is the intent of this resolution that all full-time employees receive paid holidays regardless of their assigned workweek. When a holiday falls on a Saturday, the proceeding Friday shall be deemed a holiday. When a holiday falls on a Sunday, the following Monday shall be deemed a holiday. When an employee is required to work on a holiday, he/she may select another day as holiday leave with pay during the fiscal year with the consent of the City Manager.

SECTION 7: VACATION LEAVE

The following benefits do not apply to the Part-Time/Seasonal/Temporary employee group. The terms of this section shall be effective July 1, 2011. 7.1 Policy and Intent In recognition of the fact that many management personnel are recruited from outside the City, that the average tenure for top management personnel is substantially lower that of nonexempt personnel, and that at least two (2) to seven (7) years prior experience is required, the following vacation leave policy for At-Will Management, Mid-Management, and Confidential employees shall be implemented. For the purpose of recruitment, the City Manager may start employees in a higher category; however, the employee shall not advance from that category until years of service have been accomplished. 7.2 Vacation Entitlement At-Will Management employees shall accumulate vacation in accordance with the following vacation entitlement schedule: Years of Continuous Service 0 through 5 years 6 through 10 years 11 or more years Vacation Days Earned/Year 15 days (120 hours) 20 days (160 hours) Employees will accrue 1 additional vacation day above 20 for each year of additional service up to the maximum vacation time equal to 200 hours of vacation for each full calendar year of service

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Mid-Management, and Confidential employees shall accumulate vacation in accordance with the following vacation entitlement schedule: Years of Continuous Service 0 through 4 years 5 through 10 years 11 through 20 years 21 or more years Vacation Days Earned/Year 10 days (80 hours) 15 days (120 hours) 20 days (160 hours) Employees will accrue 1 additional vacation day above 20 for each year of additional service up to the maximum vacation time equal to 200 hours of vacation for each full calendar year of service

7.3 Vacation Accrual At-Will Management, Mid-Management and Confidential employees shall begin earning vacation upon the first day of employment. Vacation leave time shall be accrued as it is earned; Vacation time shall not be taken until earned and shall be subject to other provisions of this resolution. When an employee is on a leave without pay status, s/he shall not be entitled to earn vacation.

SECTION 8: MANAGEMENT LEAVE

The following benefits do not apply to the Part-Time/Seasonal/Temporary employee group. In recognition of the extra hours required to perform at the level of top At-Will management, including attendance at numerous meetings outside normal working hours and the fact that employees who are exempt from FLSA are not compensated for overtime work, the following management leave policy shall be implemented: At-Will Management employees shall receive eighty (80) hours Management Leave annually to be used at the discretion of the City Manager. Mid-Management and Confidential Employees classified as exempt and not eligible for overtime shall receive forty (40) hours to be used at the discretion of their Department Head. Hours will be credited on July 1 each fiscal year and may be forfeited if not used by the end of the same fiscal year. At-Will and Mid-Management shall be entitled to request a cash-out payment of their Management Leave equal to forty (40) hours in lieu of using it as paid time off. At-Will and Mid-Management who have attained ten (10) years of service with the City shall be entitled to request a cash-out payment of their Management Leave equal to 100% of the leave (40 to 80 hours). Cash-out payments are allowed provided they have not already exhausted their annual allowance, which they may request and receive at any time, in full or in partial amount, during the fiscal year. The City Manager shall be responsible for approving such requests and the Finance Department shall track the use and availability of Management Leave accordingly.

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SECTION 9: OTHER LEAVES OF ABSENCE

All other leaves such as sick, family care, leave without pay, jury duty, subpoena, military or bereavement shall be taken in accordance with the City of Lakeport Rules and Regulations. 9.1 Compensation for Unused Sick Leave Upon termination, retirement, or death of an employee, the City shall pay for unused sick leave as follows: Completed Service 5 through 10 years continuous service Start of 11th year through completion of year 15 Start of 16th year through completion of year 20 Start of year 21 and thereafter Sick Leave Paid Off 10.0% 20.0% 35.0% 50.0%

Buy-out of sick leave hours is at the employees normal rate of pay at the time of separation. If employment is terminated due to death, the sick leave buy-out benefit will be paid as designated in writing by the employee or as otherwise provided by law. The maximum pay-out of 50 percent of accumulated unused sick leave at the time of separation of service as defined above remains at a cash value not to exceed 800 hours.

SECTION 10: TRAINING AND PROFESSIONAL GROWTH

The following benefits do not apply to the Part-Time/Seasonal/Temporary employee group. 10.1 Professional Seminars and Training To promote continued development of skills, knowledge, and abilities among the Management Team and Confidential employees of the City, the City Manager may grant time to employees for educational leave. Such leave may be received in order to attend professional, technical, or managerial workshops, courses, conferences, conventions, seminars, or related activities. The cost of attendance at these activities, including travel, per diem, registration, tuition, materials or other reasonable costs, are legitimate City expenditures as provided for in the annual City Budget. 10.2 Professional Membership Fees Most Management and Confidential personnel are expected to maintain membership in appropriate professional organizations. These memberships serve to acquaint the City with the current state-of-the-art in these professional areas by means of publications and special activities. The City will include the costs of these membership fees in the respective department budgets, subject to approval by the City Manager.

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SECTION 11: OTHER BENEFITS

11.1 Uniform Allowance and Equipment Issuance The City agrees to pay uniform allowance as follows: Police Chief and Lieutenant, $817.50 per fiscal year. At the time of hire, the Police Chief and Lieutenant shall receive equipment issuance equivalent to what has been negotiated for police officers. Management and MidManagement in Public Works, Community Development, Engineering, and Utilities Departments shall receive a boot allowance of 150 per fiscal year. 11.2 Vehicle Reimbursement for At-Will Management At-Will Management employees, to a far greater extent than other City employees, are required to travel throughout the City and the County to fulfill their job requirements. This travel is frequently required outside of normal working hours. In recognition of this employment requirement, the City may provide the use of a City vehicle. If it is necessary, the use of a private vehicle shall be reimbursed at the same mileage rate as approved by the City Council, if no auto allowance provisions have been made. The City Manager may negotiate an auto allowance of no more than $400 per month at his/her discretion. 11.3 Technology Allowance To capitalize on the efficiencies offered by changes to technology, which allow Management to be more flexible with time management, more efficient with workflow, and more available when needed, a technology allowance of $500 will be available on a reimbursement basis to members of At-Will Management and Mid-Management employees. 11.4 Cell Phone Stipend The City recognizes that cellular telephones enhance the level of City services by allowing employees to remain in contact with the office or with one another as the need arises. A monthly stipend of $60 shall be paid to At-Will Management, Mid-Management or other employee designated by the City Manager for the use of the employees personal cell phone. 11.5 Prior Arrangements/Agreements All prior arrangement and agreements between individual members of At-Will Management and Mid-Management and the City Manager (former or current) shall remain in effect.

SECTION 12: TERMINATION ALLOWANCE

The following benefits do not apply to the Part-Time/Seasonal/Temporary employee group. 12.1 Severance Pay In order to foster job security within a professional climate, At-Will Management employees who receive no protection from the Citys Personnel System will be entitled to severance pay of no less than three months their normal salary when they are discharged from the City service; provided however, that the employee has been in the employ of the City at least one (1) year

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and the agree to execute the Severance Release Agreement attached hereto as Exhibit A. AtWill Management employees terminated for cause are not eligible for severance benefits. 12.2 Allowance Schedule At-Will Management employees shall generally be entitled to three (3) months salary, excluding fringe benefits. However, specific severance pay terms and conditions may be subject to negotiation and included in the employees Employment Contract, if applicable. 12.3 Voluntary Resignation The provisions of this section do not apply to any employee who voluntarily resigns from the City service for personal reasons. Whenever practical, At-Will Management employees shall give thirty (30) days notice prior to voluntary termination in order to leave City service in good standing.

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SEVERANCE RELEASE AGREEMENT

This is a legally binding Release, Waiver, Discharge and Covenant Not to Sue (collectively, Release), made voluntarily by me, the undersigned Releasor, on my own behalf, and on behalf of my heirs, executors, administrators, legal representatives and assigns (hereinafter collectively, Releasor, I or me,) to the City of Lakeport (City). As the undersigned Releasor, I fully recognize that City is under no obligation to make any severance payment to me save and except for the terms of this written agreement. I acknowledge the risks and benefits to myself as a consequence of my agreeing to this release as a condition of receiving the severance pay as provided herein. As the undersigned Releasor, I understand that City does not require me to sign this agreement nor does it support, condone, authorize or ratify or have any involvement of any kind in my decision to accept the offered severance in exchange for this release of all claims. I have decided to sign this agreement despite the possible dangers and risks and despite this Release. With informed consent, and for valuable consideration received, as the undersigned Releasor, I agree to assume and take on myself all of the risks and responsibilities in any way arising from or associated with my decision to accept a severance payment in exchange for a release of all claims save and except any pending Workers Compensation claims. I release City and all of its affiliates, divisions, departments and other units, committees and groups, and its and their respective governing boards, officers, directors, principals, trustees, legal representatives, members, owners, employees, student volunteers, agents, administrators, assigns, and contractors (collectively Releasees), from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, or created by statute that I may suffer at any time arising from or in connection with my employment by the City of Lakeport, including any injury or harm to me, my death, damage to my property, livelihood, earning potential, reputation or claim of any type related to or arising from my status as an employee with the City of Lakeport (collectively Liabilities). As the undersigned Releasor, I recognize that this Release means I am giving up, among other things, all rights to sue Releasees for injuries, damages or losses I may incur. I also understand that this Release binds my heirs, executors, administrators, legal representatives and assigns, as well as me. I agree that this Release shall be governed for all purposes by the laws of the State of California. I have read this entire Release. I fully understand the entire Release and acknowledge that I have had the opportunity to review this Release with an attorney of my choosing if I so desire, and I agree to be legally bound by the Release. THIS IS A RELEASE OF YOUR RIGHTS, READ CAREFULLY AND UNDERSTAND BEFORE SIGNING. _____________________________________ Dated: _________________________________ (Releasors Signature)

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

STAFF REPORT
RE: Water and Sewer Resolutions SUBMITTED BY: Mark Brannigan, Public Works Director PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 10/02/2012

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council and CLMSD Board is being asked to consider the input received during the Proposition 218 process and the adoption of Water and Sewer Resolutions adjusting rates and fees. BACKGROUND: A public workshop was conducted in October 2009 illustrating the financial challenges to the Water and Sewer enterprises. In Fiscal Year 2010/2011 Council approved funds needed to conduct a rate analysis. On February 1, 2011, staff received approval from the City Council to form a community stakeholder committee. This committee was to evaluate the challenges facing the water and sewer operations and propose recommendations for City Council consideration. Recruitment for this committee was done through announcements in the local papers, in the City's newsletter, on radio stations, placed on the City's website as a "Hot Topic," and mailed to all Utility customers. When no interest was received from Lakeport stakeholders the deadline was extended another four weeks, but still no local interest was generated. In May 2011, HDR was selected to begin the rate analysis. In July 2012, a presentation was made to the City Council/CLMSD Board by City staff, HDR consultant, and California Department of Public Health's District Engineer on the challenges facing City Water and Sewer operations. Various options were presented and evaluated. The Council/CLMSD Board selected the best rate options and authorized staff to begin the Proposition 218 process. On September 18, 2012, the City Council received input from the community regarding the proposed rate adjustment. The City Council closed the public hearing and voted to hold the item over until the October 2, 2012, meeting to provide the Council/Board time to consider input, and validate the number of protests received. DISCUSSION: During this lengthy process the objective has been to understand the challenges that the water and sewer systems are facing, look for opportunities that can be used to overcome them, and to provide options to Council for consideration. The challenges can be looked at in three categories. 1. Operations: Adequate revenue is needed to ensure that safe and reliable services are provided around the clock. This means paying the bills required to maintain operations like PG&E, fuel, chemicals, regulatory permit fees, insurance, etc. 2. USDA Loan/Grant funding: Because of the low interest rate, long term, and potential for up to $2 million dollars in grant funding, this option was considered the best opportunity to address pressing infrastructure needs.

Meeting Date: 10/02/2012

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Agenda Item #VI.A.1., 2., and 3.

3. Reserve/Depreciation: The funding of Reserves to account for the eventual failure of assets is vital in keeping rates as low as possible in the long term. Without adequate funding into this account the enterprise has to look to borrowing funds needed to address asset repairs or replacement. The Proposition 218 process did not produce an adequate number of protests to prevent the rate increase from being considered and voted on by City Council/Board members. T he total numbers of valid protests were 640, which fell short of the 1,216 needed for a majority protest. As such, it is up to the Council/Board to consider and vote on the Resolution as currently written, modify the Resolution in a way that does not increase the propose rates, or vote not to adopt the Resolution and provide direction to staff. OPTIONS: 1. Vote to adopt the proposed water and sewer Resolutions that reflect the scenario and options chosen at the July 17, 2012, City Council/CMLSD Board meeting. 2. Vote to modify the proposed water and sewer Resolutions. 3. Vote to not adopt the water and sewer resolutions, and provide direction to staff. FISCAL IMPACT: None $ Account Number: Comments:

SUGGESTED MOTIONS: Move to adopt the resolution of the City Council and the Board of Directors of the City of Lakeport Municipal Sewer District certifying the results of the protest hearing regarding proposed water and sewer rate increases. AND Move to adopt the resolution of the City Council of the City of Lakeport rescinding resolution numbers 2144 (2003), 2267 (2006), 2270 (2006) and establishing water rates, fees and charges. Further move to adopt the resolution of the Governing Board of the City of Lakeport Municipal Sewer District No. 1 (CLMSD) rescinding resolution numbers 2068 (2001), 2145 (2003), 2268 (2006), 2308 (2007), and 2317 (2008) and establishing sewer rates, fees and charges. OR Move to modify the above motion with modifications that do not increase proposed rates. OR Move to not adopt the resolution and provide direction to staff. Attachments: 1. Resolution certifying results of protest hearing 2. Resolution establishing water rates, fees, and charges 3. Resolution establishing sewer rates, fees, and charges

Meeting Date: 10/02/2012

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Agenda Item #VI.A.1., 2., and 3.

RESOLUTION NO. ________ (2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT, CALIFORNIA, CERTIFYING THE RESULTS OF THE PROTEST HEARING REGARDING PROPOSED WATER AND SEWER RATE INCREASES
WHEREAS, pursuant to Proposition 218, a Notice was sent to all property owners and water and sewer rate customers within the City of Lakeport informing them of a proposed increase in water and sewer rates to be effective September 18, 2012; and WHEREAS, the Notice of said proposed rate increase was duly and regularly given in time, form, and manner as provided by law; and WHEREAS, the Notice informed property owners and water and sewer rate customers of the procedure for submitting written protests regarding the proposed water and sewer rate increases to the City Council; and WHEREAS, the Notice set forth the date of September 18, 2012, at 6:00 p.m., as a public hearing to take input on the proposed water and sewer rate increases. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEPORT, CALIFORNIA, DOES RESOLVE AS FOLLOWS: 1. Pursuant to Proposition 218, a total of 2,430 property owners within the City of Lakeport were notified of a proposed garbage rate increase and notified of the procedures to protest said increase. 2. As of 5:00 p.m. on September 18, 2012, a total of 356 valid written protests were received. 3. On September 18, 2012, a public hearing was conducted and 284 valid written protests were received. 4. The total number of valid protests to the proposed water and sewer rate increases was 640 and does not constitute of majority protest pursuant to Proposition 218. PASSED AND ADOPTED this 2nd day of October, 2012, by the following vote: AYES: NOES: ABSTAINING: ABSENT: ATTEST: ___________________________________
JANEL M. CHAPMAN, City Clerk

______________________________
STACEY MATTINA, Mayor

RESOLUTION NO. ________ (2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT RESCINDING RESOLUTION NUMBERS 2144 (2003), 2267 (2006), 2270 (2006) AND ESTABLISHING WATER RATES, FEES AND CHARGES
WHEREAS, pursuant to Chapter 13.20 of the City of Lakeport Municipal Code, the City Council of the City of Lakeport must establish water fees by Resolution; and WHEREAS, the City Council wishes to adopt water rates and charges that are equitable and fairly distribute the burden of system costs among the various classes of customers, and WHEREAS, the City Council wishes to adopt water rates and charges in conjunction with the proposed budgetary needs of the water utility facilities; and WHEREAS, on September 18, 2012, a public hearing was held to take testimony and for hearing protests in relation to the proposed water rates, fees, and charges, notice of which hearings were given as required by law; and WHEREAS, water rates, fees, and charges were addressed in Resolution Numbers 2144 (2003), 2267 (2006), and 2270 (2006), and it is Council desire to rescind said resolution and adopt one comprehensive resolution; NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Lakeport determines that: 1. EVIDENCE The City Council has considered all of the evidence submitted into the administrative record, which includes the following: a. City staff and consultant presentations at the public hearing conducted by the City Council and the Board of Directors; b. Public comments, both written and oral, received and/or submitted at, or prior to, the public hearing(s) supporting and/or opposing the staff recommendation. 2. FINDINGS In view of all of the evidence and based on the foregoing findings, the City Council concludes as follows: a. The proposed water rates and charges are equitable and do fairly distribute the burden of cost among the various classes of customers; b. The proposed rates and charges will meet the current budgetary needs of the water utilities; and c. The proposed water rates meet the utilitys respective revenue requirements necessary to adequately operate the utility systems in a prudent financial manner and as efficiently as possible.

3. WATER USER RATES A. Monthly Service Charges Commercial & Irrigation 1. All commercial and irrigation customers will pay a monthly meter charge, based on their size meter and the capacity the meter can serve each customer. 2. Additionally, a consumption or volumetric charge will be applied for every hundred cubic foot (ccf) of water used. Each ccf of water equates to 748 gallons of water. The following charges will be effective by the dates noted below for the two different tiers, or level of water consumption, by tier. Effective Date: -inch meter 1-inch meter 1.5-inch meter 2-inch meter 3-inch meter 4-inch meter 6-inch meter 9/18/12 01/01/14 01/01/15 01/01/16 01/01/17 $ 21.60 $ 26.05 $ 30.90 $ 34.85 $ 34.85 $ 43.20 $ 52.10 $ 61.80 $ 69.70 $ 69.70 $ 89.90 $ 108.45 $ 128.65 $ 145.10 $ 145.10 $129.50 $ 156.15 $ 185.20 $ 208.90 $ 208.90 $259.10 $ 312.45 $ 370.65 $ 418.10 $ 418.10 $431.85 $ 520.80 $ 617.75 $ 696.80 $ 696.80 $831.15 $1,002.40 $1,189.00 $1,341.20 $1,341.20 Meter 3/4" 1" 1.5" 2" 3" 4" 6" Allotments 0 - 6 CCF 0 - 12 CCF 0 - 24 CCF 0 - 36 CCF 0 - 72 CCF 0 - 120 CCF 0 - 230 CCF

CONSUMPTION or VOLUMETRIC CHARGES Effective Date: 09/18/12 01/01/14 01/01/15 01/01/16 01/01/17 Tier 1 $1.40 $1.68 $1.98 $2.23 $2.23 Tier 2 $3.47 $4.17 $4.91 $5.54 $5.54 B. Single-Dwelling Unit Residential 1. Applicable to Single-Dwelling Unit Residential Customers 2. Monthly Service Charge as noted below will be charged to each customer. 3. Additionally, a consumption or volumetric charge will be applied for every hundred cubic foot (ccf) of water used. Each ccf of water equates to 748 gallons of water. The following charges will be effective by the dates noted below for the three different tiers, or level of water consumption, by tier.

Resolution No. ______ (2012)

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MONTHLY SERVICE CHARGE Meter Size - Inside 09/18/12 01/01/14 01/01/15 01/01/16 01/01/17 3/4" $21.60 $26.05 $30.90 $34.85 $34.85 1" $43.20 $52.10 $61.80 $69.70 $69.70 Meter Size - Outside 09/18/12 01/01/14 01/01/15 01/01/16 01/01/17 3/4" $34.55 $41.70 $49.45 $55.75 $55.75 1" $69.10 $83.35 $98.90 $111.50 $111.50 TIER CONSUMPTION RATE Effective Date: 9/18/12 01/01/14 01/01/15 01/01/16 01/01/17 Tier Allocation Tier 1: 0 - 6 ccf $1.20 $1.44 $1.70 $1.92 $1.92 Tier 2: 7-12 ccf $2.10 $2.52 $2.98 $3.36 $3.36 Tier 3: > 12 ccf $3.72 $4.46 $5.27 $5.94 $5.94 C. Apartments 1. Applicable to customer classified as apartments. 2. Monthly Service Charges shall be effective as specified below, based on meter size. 3. Additionally, a consumption or volumetric charge will be applied for every hundred cubic foot (ccf) of water used. Each ccf of water equates to 748 gallons of water. The following charges will be effective by the dates noted above in section A for the two different tiers, or level of water consumption, by tier. 4. Consumption allotment for Apartments shall be 0 3 for tier 1. MONTHLY SERVICE CHARGE Effective Date: 09/18/12 01/01/14 01/01/15 01/01/16 01/01/17 Meter Rate $12.95 $15.65 $18.55 $20.90 $20.90 D. Duplex, Triplex and Mobile Home Residential Customers 1. Applicable to Duplex, Triplex and Mobile Home Residential Customers 2. Monthly Service Charges shall be effective as noted below. 3. Consumption, or volumetric charges, will be applied for every hundred cubic foot (ccf) of water used. Each ccf of water equates to 748 gallons of water. The following charges will be effective by the dates noted below for the different tiers, or level of water consumption, by tier noted in section A above. 4. Consumption allotment for Duplex, Triplex and Mobile Home shall be 0 5 for tier 1.

Resolution No. ______ (2012)

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MONTHLY SERVICE CHARGE Effective Date: 09/18/12 01/01/14 01/01/15 01/01/16 01/01/17 Meter Rate (3/4") $16.20 $19.55 $23.15 $26.15 $26.15 E. Motel and Bed & Breakfast 1. Applicable to Motel and Bed & Breakfast Customers 2. Monthly Service Charges shall be effective as noted below. 3. Consumption, or volumetric charges, will be applied for every hundred cubic foot (ccf) of water used. Each ccf of water equates to 748 gallons of water. The following charges will be effective by the dates noted above in section A above for the different tiers, or level of water consumption, by tier noted. 4. Consumption Allotment for Motel and Bed & Breakfast for tier 1 shall be 0 3 CCF for rooms without a kitchen and 0 4 CCF for rooms with a kitchen. MONTHLY SERVICE CHARGE Effective Date: 09/18/12 01/01/14 01/01/15 01/01/16 01/01/17 Meter Rate w.o. kitchen $10.80 $13.05 $15.45 $17.45 $17.45 Meter Rate w kitchen $12.95 $15.65 $18.55 $20.90 $20.90 4. WATER CONNECTION CHARGE Application for any new structure, residence, or building or parcel of land not heretofore provided with City water service shall be made in the manner provided herein and the connection charges for connections shall be in accordance with the following table: Meter Size Connection Charge 5/8 or 3/4 $ 1,650.00 1 $ 3,300.00 1 1/2 $ 6,600.00 2 $ 9,900.00 3 $19,000.00 4 $33,000.00 6 $62,700.00 Connection charges shall be placed in the Water Reserve fund which shall be used for the purpose of financing major capital improvements to the water supply, treatment, storage, transmission, and distribution system. The connection charge does not include the charges for installation of service and meter. When the City installs and connects new water services and meters, actual cost incurred by city of labor and materials and overhead pertaining to the installation, including but not limited to mains, laterals and meters, shall be paid by the applicant, in addition to connection charges set forth above.

Resolution No. ______ (2012)

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5. DEPOSITS ESTABLISHED FOR SIZE SERVICE The following service deposits are to be posted with the City prior to commencement of water service: Meter Size Service Deposit 3/4 or smaller $ 75.00 1 $ 100.00 1 1/2 $ 120.00 2 $ 180.00 3 $ 360.00 4 $ 600.00 6 $1,155.00 Deposits are intended to create credit worthiness of account holder. Deposit amount without interest shall be credited to billing at the end of twelve (12) consecutive months of service. Deposit amount without interest shall be applied against charges for closing bill if the account is closed prior to expiration of twelve (12) months. 6. SERVICE FEES ESTABLISHED The following nonrefundable service fees are established: 1. 2. 3. 4. 5. 6. Administrative Fee $15.00 Turn Service On $15.00 Turn Service Off $15.00 Delinquent Payment Fee $25.00 User requested Meter Check $15.00 Returned Check Charge As set by City Council Resolution

An initial service charge of $45.00 covering 1, 2, and 3 above is exclusive of the service deposit and is nonrefundable. The administrative fee shall be a one-time service charge for the purpose of setting up a new billing account. A water bill is due and payable upon mailing and the bill shall be come delinquent and charged the above delinquent fee on the 30th calendar day after the billing date. All delinquent water accounts will be assessed the delinquent charge stated above and are subject to additional charges if the service has to be terminated and reinstated. 7. FIRE SERVICE AVAILABILITY CHARGES The following fire service charges shall be an additional charge for unmetered standby pipes installed for use as additional fire protection: Line Size Monthly Charge 1 1/2 $ 43.75 2 $ 54.68 4 $ 76.59 6 $ 98.47 8 $120.96

Resolution No. ______ (2012)

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8. POTABLE WATER CONSTRUCTION The following fees shall be established for potable water supplied by the City that is used for construction purposes: 1. Meter installation, meter removal, and administrative service charge are $45.00. 2. Meter deposit dependent on the applicable deposit charge for the meter size utilized. 3. Water usage charge is $3.72 for each hundred cubic feet. 9. GRANDFATHERED WATER SERVICE OUTSIDE CITY LIMITS Any water services currently being provided outside the Lakeport City limits have been grandfathered. There shall be no additional hookups for water services provided to users outside of City limits. Those who have been grandfathered pay the applicable monthly service charge plus a surcharge equal to sixty percent (60%) of the monthly service charge, plus applicable usage charges. 10. GENERAL CONDITIONS That the general provisions relating to water and water service supplied under Schedules prescribed herein are as follows: A. Rate Applicability and Rules The application, interpretation and administration of the provisions herein shall be subject to such rules as may from time to time be promulgated by the City Council B. Master-Metered Residential Customers-Submetered This section is applicable to master-metered residential facilities and mobile home parks where individual single-dwelling units are submetered. The rates charged to the individual submetered units shall not be more than those prescribed within this resolution for Multi-Dwelling Unit Residential Customers. The owner shall post in a conspicuous place the prevailing water rate schedule published by the City, which is used to bill the facility. The owner shall provide a separate written water bill for each submetered unit (tenant). The bill shall include the amount of water metered for the period, open and closing meter readings, and the amount of the bill. C. Master-Metered Commercial Customers This section is applicable to master-metered commercial facilities. Monthly bills should be either the responsibility of the property owner where the same water meter serves more than one customer or the property owner shall install separate meters for each customer/tenant. Monthly service charge and usage charges will be based on meter size and consumption amount. D. Each separate property ownership shall be served by a separate water meter.

Resolution No. ______ (2012)

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11. WATER EXPANSION FEE CHARGES A. Application for water for any new structure, residence, or building or parcel of land not heretofore provided with City water service shall be made in the manner provided herein, and the expansion fee for connections shall be in accordance with the following table: METER SIZE EXPANSION FEE 5/8 or 3/4" $ 6,397.00 1 $ 12,793.00 1 1/2" $ 25,587.00 2 $ 38,380.00 3 $ 76,762.00 4 $127,936.00 6 $243,079.00 B. Expansion fees shall be placed in the Water Reserve fund which shall be used for the purpose of financing major capital improvements to the water supply, treatment, storage, transmission, and distribution system. The expansion fee does not include the charges for installation of the water service and meter. C. When the City installs and connects new water services and meters, the actual cost incurred by city of labor and materials and overhead pertaining to the installation, including but not limited to mains, laterals and meters, shall be paid by the applicant, in addition to connection charges set forth above. D. The Council finds that the expansion fees described above are subject to inflation and other cost increases and that the fees should be adjusted to reflect such increases. On January 1 of each year, the fees described herein shall be adjusted to reflect the change in the consumer price index for the previous 12-month period for which such data is available. The consumer price index to be used shall be the San Francisco-Oakland-San Jose percentage change as indicated on the annual consumer price index for Pacific Cities and the U. S. City average. In the event of a negative index no change will be made. 12. DEFINITIONS For purposes of application of the provisions of this resolution, the following definitions shall apply: Accessory Residential Units Associated with Commercial Uses Shall be considered as single dwelling units if they are detached; if they are attached, they will be considered as a multi-dwelling unit. Accessory Residential Units Associated with Residential Uses Shall be considered as (1) single dwelling units if the unit is detached, (2) as an apartment if it is attached and it has a kitchen or cooking facilities, and (3) as a motel unit if it is attached and it does not have a kitchen or cooking facilities. Apartment means a room or suite of rooms within a building but comprising an independent selfcontained dwelling unit, with kitchen or cooking facilities, occupied or suitable for occupation as a residence for eating, living, and sleeping purposes. Bed and Breakfast Units Each room available for rent as a guest room shall be considered as a motel unit if it doesnt have a kitchen or cooking facilities. Owners/managers quarters shall be considered as a single dwelling unit. Commercial Activities devoted primarily to business, property management or professional purposes.

Resolution No. ______ (2012)

Page 7

Community Care Facilities and Schools Shall be considered to be commercial. Customer - Any person, public or private association or corporation, partnership, unincorporated association, or governmental agency supplied or entitled to be supplied by the City. Date of Presentation the date on which a bill or notice is mailed or delivered by the City to the customer. Duplex A single detached building designed for and occupied by two families living independently of each other as separate housekeeping units, and having but two kitchens. Expansion Fees A combination of buy-in fees and incremental costs expense. Buy-in fees are based on historic investments made to the water system and replacement costs. Incremental costs expense is the projected cost of future improvements. Governmental The United States and its departments, agencies and bureaus, the State or any local government or any agency thereof or public districts. Mobile Home A structure, transportable in one or more sections, which is at least 8 feet in width (excluding eaves) and less than 560 square feet in size which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. Mobile home includes a manufactured home as defined in Section 18007 of the Health and Safety Code. Mobile home does not include a recreational vehicle (Section 18010.5), commercial coach (Section 18012), or factory-built housing (Section 19971). Monthly Service Charge An amount charged to accounts representing the cost of having water service available. Motel Any building, portion thereof or group of buildings, providing transient residential accommodations, used, designed, or intended to be used, let or hired out for transient occupancy. Motel rooms with a kitchen or cooking facilities shall be considered as apartments. Multi-Dwelling Units Apartment units, meaning a room or suite of rooms within a building but comprising an independent self-contained dwelling unit, with kitchen or cooking facilities, occupied or suitable for occupation as a residence for eating, living, and sleeping purposes. Premises An integrated land area, including improvements thereon, undivided by public thoroughfares or water distribution mains and where all parts of the area are operated under the same management for the same purpose. Recreational Vehicle A space with available water service where a motor home, travel trailer, camper or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy may legally be parked and occupied. Residential Activities devoted primarily to residential or household purposes in single-dwelling units and multi-dwelling units. Service Connection - The pipe or tubing, fittings, and valves necessary to conduct water from the distribution main through the meter or shutoff valve on an unmetered service connection.

Resolution No. ______ (2012)

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Single Dwelling Unit A single separately owned unit that is designed for and occupied exclusively by one family alone, and having but one kitchen. Usually, single dwelling units are detached. Single dwelling units include factory built housing as defined by Section 19971 of the Health and Safety Code. Tier A row, rank, or layer used to differentiate between user allotments. Triplex A single detached building designed for and occupied by three families living independently of each other as separate housekeeping units, and having but three kitchens. Volume Charge A charge based upon the amount of water used by the customer. Water Service - Includes availability of water to premises through City facilities and any water supplied through such facilities. 13. RESCISSION OF PRIOR RESOLUTIONS The following resolutions are rescinded in their entirety: Resolution Numbers 2144 (2003), 2267 (2006), and 2270 (2006). 14. EFFECTIVE DATES The rates and charges set forth in this Resolution shall be effective on September 18, 2012, unless otherwise specified herein. In the event that the imposition of the rates provided for in this Resolution is enjoined, temporarily or permanently, by a court of competent jurisdiction which order materially affects the implementation of this Resolution, then upon such determination by the City Council, the rate schedules, conditions, and provisions provided in the Citys existing rate resolution shall remain in full force and effect from the effective date of such injunction until said injunction is dissolved or a new rate Resolution is approved by this Council. 15. REASONABLE COST The City Council does hereby declare and find that the rates and charges fixed by this Resolution do not exceed the reasonable cost of providing the services, facilities or regulatory activity for which the fee is charged. The fees and charges fixed herein do not constitute a general tax or any new or increased assessment. 16. CEQA EXEMPTION The approval of said water rates by this Council is exempt from the requirements of the California Environmental Quality Act under the provisions of the Public Resources Code, Section 21080 (b)(8), and this Council makes this claim of exemption pursuant to said section and authorizes claim of exemption to be filed with the appropriate agencies. 17. VALIDITY That if any section, subsection, sentence, clause, or phrase in this Resolution or the application thereof to any person or circumstance is for any reason held invalid, the validity of the remainder of the Resolution or the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.

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18. PUBLISHING The City Clerk shall certify to the passage of this resolution and cause the same to be published in some daily newspaper printed and published in the City of Lakeport. 19. CONSISTENCY All resolutions or parts of resolutions inconsistent with this resolution are hereby repealed to the extent of such inconsistency. This resolution was adopted by the City Council at a public hearing held on October 2, 2012, by the following vote: AYES: NOES: ABSTAINING: ABSENT: _________________________________ STACEY MATTINA, Mayor

ATTEST:

APPROVED AS TO FORM:

____________________________________ JANEL M. CHAPMAN, City Clerk

_________________________________ STEVEN J. BROOKES, City Attorney

Resolution No. ______ (2012)

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RESOLUTION NO. ________ (2012)

A RESOLUTION OF THE GOVERNING BOARD OF THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT NO. 1 (CLMSD) RESCINDING RESOLUTION NUMBERS 2068 (2001), 2145 (2003), 2268 (2006), 2308 (2007), and 2317 (2008) AND ESTABLISHING SEWER RATES, FEES AND CHARGES
WHEREAS, pursuant to Chapter 13.20 of the City of Lakeport Municipal Code, the City of Lakeport Municipal Sewer District (hereafter CLMSD) Board of Directors must establish sewer fees by Resolution; and WHEREAS, the CLMSD Board wishes to adopt sewer rates and charges that are equitable and fairly distribute the burden of system costs among the various classes of customers, and WHEREAS, the CLMSD Board wishes to adopt sewer rates and charges in conjunction with the proposed budgetary needs of the sewer collection and treatment utility; and WHEREAS, a public hearing was held September 18, 2012, to consider establishing new rates, fees, and charges for water and sewer services; and NOW, THEREFORE, BE IT RESOLVED THAT: The Board of Directors of the City of Lakeport Municipal Sewer District No. 1 determines that: 1. EVIDENCE The City Council has considered all of the evidence submitted into the administrative record, which includes the following: A. City staff and consultant presentations at the public hearing conducted by the Board of Directors; B. Public comments, both written and oral, received and/or submitted at, or prior to, the public hearing(s) supporting and/or opposing the staff recommendation. 2. FINDINGS In view of all of the evidence and based on the foregoing findings, the CLMSD Board concludes as follows: a. The proposed sewer rates and charges are equitable and do fairly distribute the burden of cost among the various classes of customers; b. The proposed rates and charges will meet the current budgetary needs of the sewer utilities; and c. The proposed sewer rates meet each the utilitys revenue requirements necessary to adequately operate the utility systems in a prudent financial manner and as efficiently as possible. 3. SEWER USER RATES Pursuant to Municipal Code Section 13.20.060, the City Council, acting as the CLMSD Board of Directors, hereby establishes the following sewer user rates for Sewer Service within the sewer utility service area.

A. Single-Dwelling Unit Residential Customers homes. 1. Applicable to Single-Dwelling Unit Residential Customers, duplexes, triplexes, and mobile 2. Monthly Service Charge shall be effective as follows: Effective Date: 09/18/12 01/01/14 01/01/15 01/01/16 01/01/17 North Amount: $53.25 $62.52 $70.07 $74.25 $74.25 South Amount: $55.60 $65.00 $70.07 $74.25 $74.25 B. Schedule B Apartments 1. Applicable to apartments 2. Monthly Service Charge shall be effective as follows: Effective Date: 09/18/12 01/01/14 01/01/15 01/01/16 01/01/17 North Amount: $42.40 $49.30 $54.00 $57.25 $57.25 South Amount: $42.70 $49.80 $54.00 $57.25 $57.25 C. Schedule D Commercial Customers 1. Applicable to commercial, industrial, governmental, temporary construction, and any other sewer service for which no rate schedule is specified. 2. Monthly Service Charges shall be effective as follows: Effective Date: 09/18/12 01/01/14 01/01/15 01/01/16 01/01/17 North Amount: $53.25 $62.52 $70.07 $74.25 $74.25 South Amount: $55.60 $65.00 $70.07 $74.25 $74.25 3. Volume Charge per month. a. There shall be no additional charge for first 8 hundred cubic feet of water served to account

b. When water served to any account exceeds 8 hundred cubic feet per month, the volume charges below shall be charged for each additional hundred cubic feet used. Effective Date: 09/18/12 01/01/14 01/01/15 01/01/16 01/01/17 0 - 8 CCF $0.00 $0.00 $0.00 $0.00 $0.00 Above 8 CCF $6.43 $7.59 $8.31 $8.81 $8.81 D. LACOSAN North Area Charge All general sewer users not located within Assessment District 91-1 boundary with sewer flows transmitted to the Lake County Sanitation District (LACOSAN) for treatment shall pay a monthly assessment

Resolution No. ______ (2012)

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of $9.50 to cover capital project reimbursement and replacement costs for the LACOSAN Basin 2000 Project. This assessment is included in the North District Base Rate. Schools, convalescent hospitals and Laundromats shall pay this monthly assessment as follows: a. Schools shall pay $9.50 for each 33 enrolled students. b. Convalescent care and skilled nursing facilities shall pay $3.80 for each licensed bed space. c. Laundromats shall pay $6.65 per washing machine. 4. SEWER EXPANSION FEES A. CLMSD South Service Area Within the portion of CLMSD South Service Area that is normally served by the CLMSD Treatment, Storage and Disposal Facilities, the sewer expansion fee shall be $10,381 per residential unit equivalent (RUE). Sewer Expansion Fees by type of use In CLMSD South Service Area. The following table shall apply in determining residential unit equivalent factors for various land use activities: TYPE OF USE RESIDENTIAL UNIT EQUIVALENT

Residential includes single family residential units; 2 + bedroom apartments or condominiums; manufactured homes. 1.00 RUE Residential one bedroom apartment; studio apartment; small units (less than 720 SF of living area). .50 RUE Individual retail shop areas. .50 RUE Hotel or motel units: A. Room or suite; .50 RUE B. Manager residential unit. 1.00 RUE Professional office / per restroom .50 RUE Nursing home assisted care / each bed .33 RUE Hospital / per room .50 RUE Laundromat / per washing machine .50 RUE Gas Stations: A. No food, two restrooms 2.00 RUE B. With food service, two restrooms 3.50 RUE Seasonal uses RV Parks; campgrounds (closed in winter) .33 RUE Bar / restaurant with up to 30 chairs / seats 1.00 RUE Bar / restaurant per 10 chair / seats .33 RUE Uses not listed above or that require independent analysis shall be reviewed on a case-bycase basis based on the number of fixture units, size of building, projected water flow, hours of operation, and other applicable factors in order to determine the RUE factor. Each parcel being served, or capable of being served in the CLMSD South Service Area that is currently being levied a sewer assessment charge in Assessment District 91-1 shall be given a credit for that assessment. The credit and the amount of the expansion fees to be paid at the time application for service is made shall be computed as follows: (1). The sewer expansion fee shall be reduced by the amount that is currently being assessed as shown in the most recently modified Assessment District Engineers Report for Assessment District 91-1.

Resolution No. ______ (2012)

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(2). For assessed parcels in CLMSD South that are reconfigured or modified by subdivision, lot line adjustment, or other means, the amount of the assessment(s) shall be pro-rated accordingly. B. CLMSD North Service Area Within the CLMSD North Service Area that is normally served by the LACOSAN Northwest facilities, the sewer expansion fee shall be as set forth in the table marked Exhibit A attached to and incorporated herein by this reference. LACOSAN AND CLMSD EXPANSION FEE * $11,753.05 each unit $5,876.53 each unit $5,876.53 $5,876.53 ea. room/suite $11,753.05 $11,753.05 $2,938.27 $1,399.56 ea. 0ffice/complex** $1,399.56** $923.29 each bed** $1399.56 ea. room** $1,299.56 ea. machine** $23,202.24 $17,122.29 $11,460.02 $2,865.03 ea. space/site $11,460.02

TYPE OF USE 1. Single Family Residential Unit (includes houses, apartments, and mobilehomes); and secondary accessory dwelling units greater than 720 sf of living area 2. Residential Unit, 720 SF or less of conditioned living space; and secondary accessory dwelling units less than 720 sf of living area 3. Retail Shops 4. Motel or Hotel: a. Rooms/Suites b. Managers Residence 5. Bar and Restaurant a. Up to 33 Chairs b. Each additional 10 chairs 6. Professional Buildings Each public restroom, an additional 7. Nursing Home, Convalescent Hospital 8. Hospital 9. Laundromat per machine rated at 250 gpd or equiv. 10. Service Station no food service, with two restrooms. With fried food service, an additional With non-fried food service, an additional 11. Seasonal Connections: Recreational Vehicle, Parks, and Campgrounds 12. When a specific connection type is not addressed, fees will be calculated on the flow data provided in an approved capacity analysis or hydraulic model on the basis of 210 gallons per day per single dwelling unit per SFD equivalent. *NOTES: 1. City expansion fee portion is for the sewer collection system that the City owns and maintains. 2. City fee increase to be added to LACOSAN fee. 3. LACOSAN EXPANSION FEES ARE DETERMINED BY LACOSAN BOARD ON AN ANNUAL BASIS, EFFECTIVE JANUARY 1 OF EACH YEAR. ** See Lake County Special Districts for their cost

Sewer expansion fees collected pursuant to this resolution shall be credited against any assessment against the property served when said assessment is made to fund sewerage facilities that serve the property.

Resolution No. ______ (2012)

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C. INFLATION ADJUSTMENT The Board finds that the rates described above for expansion fees are subject to inflation and other cost increases and that the rates should be adjusted each year to reflect such increases. On January 1 of each year, the expansion fees shall be adjusted to reflect the change in the consumer price index for the previous 12-month period for which such data is available. The consumer price index to be used shall be the San Francisco-Oakland-San Jose percentage change as indicated on the annual April consumer price index for Pacific Cities and the U. S. City average. In the event of a negative index no change will be made. 5. OCCUPANCY AND CHARGES Sewer monthly service charges shall be paid for all connections to the sewage collection system whether the premises are occupied or not. Sewer user charges shall not be billed if the sewer connection is physically disconnected in a manner acceptable to City and CLMSD. No property having an active City water service shall be exempted from sewer monthly service charges or commodity charges unless the water is used exclusively for landscaping or unless the property is exclusively served by a properly permitted and operating septic tank. 6. RETURNED CHECK FEE The cost for returned checks is as set forth in City Council fee resolution and this amount is established as an additional charge to each account for which a check is returned by Citys bank. 7. DELINQUENT PAYMENT FEE A delinquent payment fee shall become due and payable on the 30th calendar day following the sewer billing date. For those users having sewer service and not having city water service, the fee shall be $25.00. All delinquent accounts will be assessed a delinquent charge and are subject to additional charges if the account remains in a delinquent condition. 8. DEPOSIT AND SERVICE FEE A $50.00 deposit and a $15.00 service fee shall be required when an application is made for sewer service only. 9. SEWER LATERAL TESTING The CLMSD Board has determined that the average staff time used for processing a sewer lateral testing permit, inspecting the sewer lateral test, reviewing test results, and issuing a sewer lateral testing certificate is one (1) hour. Consequently, there shall be a $50.00 fee to cover the cost of services for processing a sewer lateral testing permit, inspecting the sewer lateral test, reviewing the rest results, and issuing a sewer lateral testing certificate. 10. RESCISION OF PREVIOUS RESOLUTIONS Upon adoption of this resolution, the following resolutions shall be rescinded: Resolution Numbers 2068 (2001), 2145 (2003), 2268 (2006), 2308 (2007), and 2317 (2008).

Resolution No. ______ (2012)

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11. INTERPRETATION AND ADMINISTRATION The application, interpretation and administration of the provisions herein shall be subject to such rules as may from time to time be promulgated by the Board of Directors of City of Lakeport Municipal Sewer District. 12. DEFINITIONS For purposes of application of the provisions of this resolution, the following definitions shall apply: Accessory Residential Units Associated with Commercial Uses Shall be considered as single dwelling units if they are detached; if they are attached, they will be considered as a multi-dwelling unit. Accessory Residential Units Associated with Residential Uses Shall be considered as (1) single dwelling units if the unit is detached, (2) as an apartment if it is attached and it has a kitchen or cooking facilities, and (3) as a motel unit if it is attached and it does not have a kitchen or cooking facilities. Apartment means a room or suite of rooms within a building but comprising an independent selfcontained dwelling unit, with kitchen or cooking facilities, occupied or suitable for occupation as a residence for eating, living, and sleeping purposes. Bed and Breakfast Units Each room available for rent as a guest room shall be considered as a motel unit if it doesnt have a kitchen or cooking facilities. Owners/managers quarters shall be considered as a single dwelling unit. Commercial Activities devoted primarily to business, property management or professional purposes. Community Care Facilities and Schools Shall be considered to be commercial. Date of Presentation the date on which a bill or notice is mailed or delivered by the City to the customer. Duplex A single detached building designed for and occupied by two families living independently of each other as separate housekeeping units, and having but two kitchens. Governmental The United States and its departments, agencies and bureaus, the State or any local government or any agency thereof or public districts. Mobile Home A structure, transportable in one or more sections, which is at least 8 feet in width (excluding eaves) and less than 560 square feet in size which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. Mobile home includes a manufactured home as defined in Section 18007 of the Health and Safety Code. Mobile home does not include a recreational vehicle (Section 18010.5), commercial coach (Section 18012), or factory-built housing (Section 19971). Monthly Service Charge An amount charged to accounts representing the cost of having sewer service available. Motel Any building, portion thereof or group of buildings, providing transient residential accommodations, used, designed, or intended to be used, let or hired out for transient occupancy. Motel rooms with a kitchen or cooking facilities shall be considered as apartments.

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Premises An integrated land area, including improvements thereon, undivided by public thoroughfares or water distribution mains and where all parts of the area are operated under the same management for the same purpose. Recreational Vehicle A space with available water service where a motor home, travel trailer, camper or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy may legally be parked and occupied. Residential Activities devoted primarily to residential or household purposes in single-dwelling units and multi-dwelling units. Single Dwelling Unit A single separately owned unit that is designed for and occupied exclusively by one family alone, and having but one kitchen. Usually, single dwelling units are detached. Single dwelling units include factory built housing as defined by Section 19971 of the Health and Safety Code. Tier A row, rank, or layer used to differentiate between user allotments. Triplex A single detached building designed for and occupied by three families living independently of each other as separate housekeeping units, and having but three kitchens. Sewer Service Includes availability of sewer connection through CLMSD facilities. Volume Charge A charge based upon the amount of water used by the customer. 13. EFFECTIVE DATES The rates and charges set forth in this Resolution shall be effective on September 18, 2012, unless otherwise specified herein. In the event that the imposition of the rates provided for in this Resolution is enjoined, temporarily or permanently, by a court of competent jurisdiction which order materially affects the implementation of this Resolution, then upon such determination by the Board of Directors of CLMSD, the rate schedules, conditions, and provisions provided in the CLMSD existing rate resolution shall remain in full force and effect from the effective date of such injunction until said injunction is dissolved or a new rate Resolution is approved by this Board. 14. REASONABLE COST The Board of Directors of CLMSD does hereby declare and find that the rates and charges fixed by this Resolution do not exceed the reasonable cost of providing the services, facilities or regulatory activity for which the fee is charged. The fees and charges fixed herein do not constitute a general tax or any new or increased assessment. 15. CEQA EXEMPTION The approval of said sewer rates by this Board is exempt from the requirements of the California Environmental Quality Act under the provisions of the Public Resources Code, Section 21080 (b)(8), and this Council makes this claim of exemption pursuant to said section and authorizes claim of exemption to be filed with the appropriate agencies. 16. VALIDITY That if any section, subsection, sentence, clause, or phrase in this Resolution or the application thereof to any person or circumstance is for any reason held invalid, the validity of the remainder of the Resolution or

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the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid. 17. PUBLISHING That the City Clerk shall certify to the passage of this resolution and cause the same to be published in some daily newspaper printed and published in the City of Lakeport. 18. CONSISTENCY All resolutions or parts of resolutions inconsistent with this resolution are hereby repealed to the extent of such inconsistency. This resolution was adopted by the CLMSD Board of Directors, following a public hearing, at a meeting held on October 2, 2012, by the following vote: AYES: NOES: ABSTAINING: ABSENT: ___________________________________ STACEY MATTINA, Board Chair

ATTEST:

APPROVED AS TO FORM:

____________________________________ JANEL M. CHAPMAN, Secretary

___________________________________ STEVEN J. BROOKES, City Attorney

Resolution No. ______ (2012)

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

STAFF REPORT
RE: Carbon Filter Media Replacement SUBMITTED BY: Mark Brannigan, Public Works Director PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 10/02/2012

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council is being asked to authorize the funding needed to replace the carbon media within two of the four filter units located at the surface water treatment facility. BACKGROUND: The Lakeport surface water treatment facility has four activated carbon vessels that are used to reduce or eliminate many of the taste and odor complaints that are associated with systems that treat water from Clear Lake. The City is required to test the media within these vessels periodically and found that two of the four vessels failed the tests. Since the failure of the two carbon vessels, the Department has taken the vessels out of service and reduced the flow capacity of the treatment facility to 600 gpm as a temporary measure until funds could be budgeted to replace the media. On December 29, 2011, the California Department of Public Health issued the City of Lakeport a new Domestic Water Supply Permit with the following requirement: The granular activated carbon (GAC) in the filter vessels currently out of commission shall be replaced by July 1, 2012. The City shall certify in writing to the Department that this has been completed and include a copy of the invoice for the GAC by October 1, 2012. DISCUSSION: The Public Works Department is working with CDPH on addressing this issue and has received some latitude on having the work completed by the deadline provided in the permit. This latitude comes from the understanding that the City is in the final stage of a rate analysis and possible adjustment. The Public Works Department received quotes in February of this year from two venders who provide the GAC product and the service to remove the old media and install new. The quote at that time was for $54,973.00. As of September 26, 2012, the water operations fund (501) had the following available cash and cash equivalents available for spending:
Cash Accounts Reveivable $ $ 184,833 72,350 257,183

Due to a loan from the general fund, this constitutes the total remaining reserves of the water operations fund. OPTIONS: Authorize the funds needed to replace the media within the two carbon vessels or petition the CDPH to remove the treatment process from the permit.
Meeting Date: 10/02/2012 Page 1 Agenda Item #VI.A.4.

FISCAL IMPACT: None $60,000 Account Number: 501-3060 Comments:

SUGGESTED MOTIONS: Move to authorize the expenditures, not to exceed $60,000, for the services needed to replace the granular activated carbon in two of the four vessels located at the Lakeport surface water treatment facilities. Move to not authorize the expenditures needed to secure the services needed to replace the granular activated carbon, and direct staff to petition the California Department of Public Health to remove the treatment process from the permit and investigate the costs to make the permit modification.

Attachments:

Meeting Date: 10/02/2012

Page 2

Agenda Item #VI.A.4.

From: To: Subject: Date:

Lori Price Janel Chapman RE: Application No. 2012-022 Tuesday, September 25, 2012 9:28:17 AM

Good Morning Janel, Thank you for the opportunity to comment on this application. I do not forsee this event impacting County roads I did notice that the applicant stated he would get barricades from the County. Please advise him that we do not provide barricades and he will need to get those from a private vendor if your public works dept. does not provide them.

Lori Price Secretary III Lake County Department of Public Works 255 N. Forbes Street, Rm 309 Lakeport, CA 95453 (707) 263-2341 lorip@co.lake.ca.us
From: Janel Chapman [mailto:jchapman@cityoflakeport.com] Sent: Tuesday, September 25, 2012 9:02 AM To: Barbara Loveless; Cheryl Bennett; csmart@cityoflakeport.com; Dale Stoebe; Ellen Dills; Jason Ferguson; Kevin Odom; Lori Price; Pheakdey Preciado; tbanuet@cityoflakeport.com; policechief@cityoflakeport.com; dbuffalo@cityoflakeport.com; Kelly Buendia (kbuenda@cityoflakeport.com); Margaret Silveira; Mark Brannigan; rknoll@cityoflakeport.com; sharter@cityoflakeport.com; sbrookes@cityoflakeport.com Subject: Application No. 2012-022

Attached please find Application No. 2012-022 for the Harvest Revelation. I would like to get this on next weeks agenda. I know its short notice, but if you could have your comments to me by Wednesday afternoon, I would really appreciate it.
Janel Chapman, City Clerk City of Lakeport 225 Park Street Lakeport, CA 95453 Phone: (707) 263-5615, Ext. 12 Fax: (707) 263-8584 jchapman@cityoflakeport.com

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

STAFF REPORT
RE: Resolution Approving Allocation Of Supplemental Law Enforcement Services Fund (SLESF) Expenditure Plan For Fiscal Year 2012-2013 SUBMITTED BY: Brad Rasmussen, Police Chief PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 10/02/2012

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The Council is being asked to consider a request from the Chief of Police to receive and allocate Supplemental Law Enforcement Services Funds (SLESF) for the current fiscal year and adopt a corresponding resolution. BACKGROUND: As part of the State budget package the State Legislature funded the Supplemental Law Enforcement Services Fund (SLESF) Program. This program provides additional funding for local agencies to ensure public safety. Lakeports allocation is normally $100,000 per fiscal year. Although we expect to get some if not all of this amount for the current fiscal year, the actual allocation for Lakeport has yet to be determined. DISCUSSION: These funds must be appropriated pursuant to a written request from the Chief of Police. The City Council is required to hold a public hearing prior to considering these requests. The City Council must consider these written requests separate and apart from the proposed allocations from the City General Fund. These funds must be used for front-line municipal police services. They must supplement and not supplant existing funding for front-line municipal police services. The statute states, in no event shall a governing body of any of those recipient agencies subsequently alter any previous, valid appropriation by the body, for that same fiscal year, of moneys allocated To ensure compliance, the City is required to file a report with the State Controllers office on how this money is spent. The report must be filed, via a county oversight group known as the Supplemental Law Enforcement Oversight Committee (SLEOC). This will allow the City to receive and allocate anticipated revenue in the amount of up to $100,000. OPTIONS: Receive the request from the Chief of Police and receive any public input. Adopt the attached resolution, which would allocate the funds to Budget Code 2010-910.000, police salaries. FISCAL IMPACT: None $ Account Number: 2010-910.00
Page 1 Agenda Item #VI.B.2

Comments: Anticipated increase in funding of up to $100,000.

Meeting Date: 10/02/2012

SUGGESTED MOTIONS: Motion to adopt Resolution allocating funds from the Supplemental Law Enforcement Services Fund (SLESF) pursuant to a written request from the Chief of Police.

Attachments:

Proposed Resolution

Meeting Date: 10/02/2012

Page 2

Agenda Item #VI.B.2

RESOLUTION NO. ________ (2012)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT ALLOCATING FUNDS FROM THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) PURSUANT TO A WRITTEN REQUEST FROM THE CHIEF OF POLICE WHEREAS, the California Legislature enacted the Supplemental Law Enforcement Services Fund (SLESF) as part of the state budget package; and WHEREAS, the City of Lakeports appropriation is $100,000 for FY 2012-2013; and WHEREAS, the bill requires the City to allocate the funds to supplement front-line law enforcement services pursuant to a written request from the Chief of Police following a public hearing; and WHEREAS, the Chief of Police has submitted his written request and made his report; and WHEREAS, the City Council held a duly noticed public hearing on October 2, 2012. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lakeport does hereby resolve that the funds from SLESF are allocated to budget code 2010910.000 (police salaries). DULY AND REGULARLY ADOPTED this 2nd day of October, 2012, by the following vote: AYES: NOES: ABSTAINING: ABSENT: ______________________________ STACEY MATTINA, Mayor ATTEST: ______________________________ JANEL M. CHAPMAN, City Clerk