Professional Documents
Culture Documents
A. Ordinances: Waive reading except by title, of any ordinances under consideration at this
meeting for either introduction or passage per Government Code Section 36934.
B. Minutes: Approve minutes of the City Council regular meeting of July 17, 2018, the
emergency meeting of July 30, 2018, and the special meeting of August 13, 2018.
C. Warrants: Approve the warrant register of August 16, 2018.
D. Application 2018-023: Approve Application 2018-023, with staff recommendations, for the 2018
Halloween Parade, to be held October 31, 2018.
E. Application 2018-025: Approve Application 2018-025, with staff recommendations, for the 2018
Sponsoring Survivorship Walk/Run, to be held October 6, 2018.
F. Application 2019-001: Approve Application 2019-001, with staff recommendations, for the 2019 Home
Wine and Beer Makers Festival, to be held June 15, 2019.
G. Claim: Reject Claim No. 18-19-001, filed by Joseph Young, as recommended by REMIF.
H. Memorandum of Understanding for the Adopt a resolution approving a Memorandum of Understanding with the
Lakeport Police Officers Association: Lakeport Police Officers’ Association for the period of July 1, 2018 through June
City Council Agenda of August 21, 2018 Page 2
30, 2022 and approve the necessary budget adjustment for the year ended June
30, 2019.
I. Master Salary Schedule: Approve a Resolution rescinding Resolution 2672 (2018) and revising the Master
Pay Schedule in conformance with California Code of Regulations, Title 2, Section
570.5.
J. Lake County Fair Parking: 1. Approve the designated temporary disabled parking on C and D Streets,
between South Forbes Street and the respective fairgrounds entrance
gates from 4:00 p.m. August 30th to Midnight on Sunday, September
2nd, 2018; and
2. Approve the lease for Fair parking at 902 Bevins Court with the 49th
District Agricultural Association and authorize the City Manager to
execute the lease.
K. Renew Emergency Resolution: Confirm the continuing existence of a local emergency in the City of Lakeport.
L. National Night Out: Approve the participation of the City of Lakeport in the rescheduled National
Night Out event, with street closures and the Gazebo reserved for the event.
V. 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 tonight’s agenda. Persons wishing to address the City Council are required to complete a
Citizen’s Input form and submit it to the City Clerk prior to the meeting being called to order. While not required,
please state your name and address for the record. NOTE: Per Government Code §54954.3(a), the City Council
cannot take action or express a consensus of approval or disapproval on any public comments regarding matters
which do not appear on the printed agenda.
B. Staff Appreciation: The Council would like to thank the City of Lakeport staff for their efforts during
the Mendocino Complex fire incident.
C. Introduction of Reserve Officer Introduction of new Reserve Officer, Gerardo Gonzalez
D. Presentation: Fireworks Donation Presentation of donation by the Lakeport Main Street Association for the Annual
Fireworks Show in Library Park.
E. Presentation: Lakeport Economic Members of LEDAC will present an update on their Business Site Visits, as well as
Development Advisory Committee the results of their business survey.
(LEDAC)
VI. COUNCIL BUSINESS:
A. City Clerk
1. 2018 Municipal Election: Adopt a Resolution of the City Council of the City of Lakeport Providing for the
Appointments to the Offices of Councilmember of the City those that were
nominated to be elected on Tuesday, November 6, 2018 at the General
Municipal Election.
1. Liability Claims Administration: Approve a resolution approving the delegation of claims administration and
authorizing REMIF and the third party administrator on behalf of REMIF to
accept or reject claims filed against the City of Lakeport.
C. Police Chief
1. Police Dog Foundation: Provide direction to staff and the Mayor regarding the proposed Police Dog
Foundation.
D. Public Works Director
1. Bid Award: Award a construction contract to Darren Taylor Construction, Inc. for the
Lakeshore Blvd Roadway Repair Project
VII. CITY COUNCIL COMMUNICATIONS:
A. Miscellaneous Reports, if any:
VIII. ADJOURNMENT:
City Council Agenda of August 21, 2018 Page 3
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 225
Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeport’s website, www.cityoflakeport.com, subject to
staff’s ability to post the documents before the meeting.
The City of Lakeport, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or
participate in the City meeting due to disability, to please contact the City Clerk’s Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonable
accommodations are provided.
_______________________________________
Hilary Britton, Deputy City Clerk
MINUTES
REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE
MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)
Tuesday, July 17, 2018
City Council Chambers, 225 Park Street, Lakeport, California 95453
CLOSED SESSION: Mayor Turner called the meeting to order at 5:16 p.m.
Nancy Ruzicka spoke in opposition to the property negotiation for 800 N. Main
Street.
Mayor Turner adjourned the meeting to Closed Session at 5:19 p.m to discuss the
following:
I. CALL TO ORDER & ROLL CALL: Mayor Turner called the meeting to order at 6:00 p.m. with Council Member
Barnes, Council Member Mattina, Council Member Spurr, Council Member
Parlet, and Mayor Turner present.
REPORT OUT OF CLOSED SESSION: There was no reportable action taken in Closed Session.
II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Augustin Merodio.
III. ACCEPTANCE OF AGENDA/ URGENCY ITEMS: There were no Urgency Items.
A motion was made by Council Member Mattina, seconded by Council Member
Parlet, and unanimously carried by voice vote to accept the agenda as posted.
IV. CONSENT AGENDA:
A. Ordinances: Waive reading except by title, of any ordinances under consideration at this
meeting for either introduction or passage per Government Code Section 36934.
B. Minutes: Approve minutes of the City Council regular meeting of June 19, 2018, and the
special meeting of June 26, 2018.
C. Warrants: Approve the warrant register of July 10, 2018.
D. Claim: Reject Claim No. 2018-005, filed by Mario and Lyann Williams, as recommended
by REMIF.
E. Polestar Information Technology Approve and authorize the City Manager to execute a professional services
Agreement: agreement with Polestar Computers for the provision of IT support services.
F. JJACPA Auditing Services Agreement: Approve and authorize the City Manager to execute the Professional Services
Agreement with JJACPA for independent auditing services.
City Council Minutes of July 17, 2018 Page 2
G. Contract Award: Dam Inundation Authorize the City Manager to sign a contract with West Consultants, Inc. not to
Mapping: exceed $35,541 for the preparation of reservoir inundation maps and an EAP for
the dam serving CLMSD’s wastewater reservoir.
H. Delinquent Utilities Accounts: Adopt the proposed resolution electing to have delinquent water and sewer user
charges, fees, and penalties for fiscal year 2017–2018 collected on the tax roll,
and set a public hearing for August 7, 2018 at 5:15 p.m.
Vote on Consent Agenda: Mayor Turner requested to pull item IV.E. to correct an error and remove item
IV.H.
Finance Director Walker advised that Exhibit B of the Polestar contract was
revised to reflect that the rate covered no more than eight (8) hours.
V. PUBLIC PRESENTATIONS/REQUESTS:
A. Citizen Input: Val McMurtie, Tom Wakeman, and Verna Schaeffer the Esplanade Neighborhood
Watch praised the efforts of the Lakeport Police Department and recommended
a 20% wage increase for the Lakeport Police Officers Association to aid in
retention efforts.
Barbara Clark and Tiffany Horris of the cast of “As You Like It” thanked the
Council for their support for the Shakespeare at the Lake performance to be held
in Library Park on July 28th and 29th at 6:30 pm. They also performed a short skit
from the play.
B. Presentation: Fireworks Donation Melissa Fulton presented a donation by the Lake County Chamber of Commerce
for the Annual Fireworks Show in Library Park. The money was raised from
Chamber members and the Add-a-Dollar campaign. $9,372.63,
VI. PUBLIC HEARINGS:
A. Hazardous Weeds: The staff report was presented by Community Development Director Ingram.
B. Zone Change Ordinance: The staff report was presented by Community Development Director Ingram.
3. Adopt the proposed Zone Change Ordinance revising the base zoning
district of the subject property to match the proposed parcel boundaries
associated with tentative Parcel Map (PM 17-01) with Parcels 1 and 2
being zoned R-3, High Density Residential and Parcel 3 being zoned R-1,
Low Density Residential with the findings contained in the Ordinance for
ZC 17-02.
Mayor Turner advised the audience that input should be limited to the question
of whether or not to place the question on the ballot.
Public Comments:
Supervisor Scott explained that she declined to sign the BOS letter in support of
the ban. She is in favor of putting the ballot measure to the voters. She is
opposed to the fireworks ban.
Lakeport resident Stan Jones was in favor putting the measure on the ballot.
1. Tourist Improvement District Community Development Director Ingram presented the staff report with
(TID): additional information provided by Michelle Scully, Deputy Administrative Office
for the County of Lake.
Wilda Shock and Melissa Fulton spoke in favor of the proposed District.
_______________________________________
Mireya G. Turner, Mayor
Attest:
_____________________________________
Hilary Britton, Deputy City Clerk
MINUTES
OF EMERGENCY MEETING
OF THE LAKEPORT CITY COUNCIL
Monday, July 30, 2018
4:00 p.m.
City Council Chambers, 225 Park Street, Lakeport, California 95453
CALL TO ORDER & ROLL CALL: Mayor Turner called the meeting to order at 4:07 p.m. with
Council Member Mattina, Council Member Parlet, and Mayor
Turner present.
Council Members Barnes and Spurr were absent.
Emergency Resolution: City Manager Silveira presented the Resolution.
A motion was made by Council Member Parlet, seconded by
Council Member Mattina, and passed unanimously, with Council
Members Barnes and Spurr absent to adopt a Resolution ratifying
the Director of Emergency Services proclamation of a local
emergency in the City of Lakeport.
Adjournment: Mayor Turner adjourned the meeting at 4:17 p.m.
____________________________________
Mireya G. Turner, Mayor
Attest:
______________________________
Hilary Britton, Deputy City Clerk
MINUTES
OF THE SPECIAL MEETING
OF THE LAKEPORT CITY COUNCIL
Monday, August 13, 2018
5:15 p.m.
City Hall, 225 Park Street, Lakeport, California 95453
CALL TO ORDER AND ROLL CALL Mayor Turner called the meeting to order at 5:15 p.m. with
Council Member Barnes, Council Member Mattina, Council
Member Spurr, and Mayor Turner present. Council Member
Parlet was absent.
LOCAL EMERGENCY City Manager Silveira presented the staff report.
PROCLAMATION:
A motion was made by Council Member Spurr, seconded by
Council Member Mattina, and unanimously carried by voice vote,
with Council Member Parlet absent, to approve a resolution of
the City Council of the City of Lakeport confirming the continuing
existence of a local emergency in the City of Lakeport.
ADJOURNMENT: Mayor Turner adjourned the meeting at 5:17 p.m.
____________________________________
Mireya G. Turner, Mayor
Attest:
__________________________
Kelly Buendia, City Clerk
CITY OF LAKEPORT
Over 125 years of community
pride, progress and service
8/17/2018
I hereby certify that the attached list of warrants has been audited,
extensions are proper, purchase orders have been issued, and department
heads have been given the opportunity to review and sign claim forms.
______________________________
Nicholas Walker
Finance Director
225 PARK STREET • LAKEPORT, CALIFORNIA 95453 • TELEPHONE (707) 263-5615 • FAX (707) 263-8584
Bank Transaction Report
Lakeport Transaction Detail
Issued Date Range: 07/11/2018 - 08/16/2018
Cleared Date Range: -
Issued Cleared
Date Date Number Description Module Status Type Amount
Bank Account: 15-0352000798 - POOLED CASH BANK
07/16/2018 53602 DEFINITE IMPRESSIONS Accounts Payable Outstanding Check -191.98
07/19/2018 53612 LAKEPORT DISPOSAL, INC. Accounts Payable Outstanding Check -41,486.05
07/19/2018 53613 ACME RIGGING & SUPPLY COMPANY Accounts Payable Outstanding Check -232.71
07/19/2018 53614 ACTION SANITARY, INC. Accounts Payable Outstanding Check -592.59
07/19/2018 53615 AG UNLIMITED Accounts Payable Outstanding Check -1,011.58
07/19/2018 53616 ALPHA ANALYTICAL LABORATORIES Accounts Payable Outstanding Check -1,922.00
07/19/2018 53617 Void Check Accounts Payable Voided Check 0.00
07/19/2018 53618 APEX TECHNOLOGY MGMT, INC. Accounts Payable Outstanding Check -1,547.39
07/19/2018 53619 ARAMARK UNIFORM SERVICES Accounts Payable Outstanding Check -44.36
07/19/2018 53620 AT&T Accounts Payable Outstanding Check -70.69
07/19/2018 53621 AT&T Accounts Payable Outstanding Check -919.40
07/19/2018 53622 B & B INDUSTRIAL SUPPLY, INC. Accounts Payable Outstanding Check -737.94
07/19/2018 53623 BOB NISHIYAMA INVESTIGATIONS Accounts Payable Outstanding Check -907.80
07/19/2018 53624 BRIAN DENTON Accounts Payable Outstanding Check -1,140.00
07/19/2018 53625 CA BLDG STANDARDS COMMISSION Accounts Payable Outstanding Check -362.70
07/19/2018 53626 CALPERS Accounts Payable Outstanding Check -322,062.00
07/19/2018 53627 CLINE INVESTIGATIONS, LLC Accounts Payable Outstanding Check -1,590.00
07/19/2018 53628 COUNTY OF LAKE - INFO TECH Accounts Payable Outstanding Check -2,529.00
07/19/2018 53629 COUNTY OF LAKE-SPECIAL DIST Accounts Payable Outstanding Check -45,397.07
07/19/2018 53630 DAVIS TIRE & AUTO REPAIR Accounts Payable Outstanding Check -227.35
07/19/2018 53631 DEEP VALLEY SECURITY Accounts Payable Outstanding Check -237.90
07/19/2018 53632 DEPT OF CONSERVATION Accounts Payable Outstanding Check -486.68
07/19/2018 53633 E & M ELECTRIC INC. Accounts Payable Outstanding Check -7,091.00
07/19/2018 53634 EUREKA OXYGEN COMPANY Accounts Payable Outstanding Check -66.19
07/19/2018 53635 GARY R. BUCHHOLZ Accounts Payable Outstanding Check -335.00
07/19/2018 53636 GRANITE CONSTRUCTION COMPANY Accounts Payable Outstanding Check -4,442.26
07/19/2018 53637 HILLSIDE HONDA Accounts Payable Outstanding Check -86.65
07/19/2018 53638 IMAGE SALES, INC. Accounts Payable Outstanding Check -33.94
07/19/2018 53639 IT'S ABOUT TIME, INC Accounts Payable Outstanding Check -306.34
07/19/2018 53640 LCOE Accounts Payable Outstanding Check -25.00
07/19/2018 53641 LEXIS NEXIS RISK SOLUTIONS Accounts Payable Outstanding Check -30.00
07/19/2018 53642 MARK CLEMENTI, PH.D. Accounts Payable Outstanding Check -685.00
07/19/2018 53643 MEDIACOM Accounts Payable Outstanding Check -135.90
07/19/2018 53644 MENDO MILL & LUMBER CO. Accounts Payable Outstanding Check -3,507.59
07/19/2018 53645 MICHELLE HUMPHREY Accounts Payable Outstanding Check -26.00
07/19/2018 53646 NATE'S ELECTRIC Accounts Payable Outstanding Check -1,651.19
Summary
Bank Account Count Amount
15-0352000798 POOLED CASH BANK 252 -1,439,142.75
Report Total: 252 -1,439,142.75
1. Special Requests – Can be coordinated with the Public Works Department at 707-263-0751.
From: Lori Price
To: Hilary Britton
Subject: RE: Application 2018-023 - Halloween Parad ( Lakeport Elementary)
Date: Tuesday, July 17, 2018 8:08:03 AM
Attachments: image002.png
Thank you,
Wanda Gray
Email: WLG@paratransit.net
https://urldefense.proofpoint.com/v2/url?u=http-
3A__www.paratransit.net&d=DwIFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-
SIUPJ1f77PB9b9OKMFTYkEe1bpwLfQNWFAi_lfWrY8&m=l_rYCv-c-
H7fPtuXSRjFr9Uqb0l2ehqZ6mhGVKNWf8A&s=5Dv6uPm5N53mZr3o6IH33oVScqr3Sl8m4AjLsD9yWHc&e=
CONFIDENTIALITY NOTICE: This electronic mail transmission and any accompanying attachments contain
information belonging to the sender which may be confidential and legally privileged. This information is intended only
for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are
not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the
information contained in this transmission is strictly prohibited. If you have received this transmission in error, please
notify the sender immediately and destroy all copies of this transmission and all
attachments. Thank you.
Please find attached application 2018-023 for the Halloween Parade for Lakeport Elementary School, for your review.
We would like to submit this for Council approval at the 08/21/2018 Council meeting, so please have your comments
back to me by 08/14/2018.
No police concerns
Hi all,
Please find attached application 2018-023 for the Halloween Parade for Lakeport
Elementary School, for your review.
We would like to submit this for Council approval at the 08/21/2018 Council
meeting, so please have your comments back to me by 08/14/2018.
Hilary Britton
City of Lakeport
hbritton@cityoflakeport.com
06/28/2018 2018-025
X 08/21/2018
1. Special Requests – Can be coordinated with the Public Works Department at 707-263-0751.
From: Lori Price
To: Hilary Britton
Subject: RE: Application 2018-025 - Sponsoring Survivorship Walk/Run
Date: Tuesday, July 17, 2018 8:16:36 AM
Attachments: image002.png
Wanda Gray
Email: WLG@paratransit.net
https://urldefense.proofpoint.com/v2/url?u=http-
3A__www.paratransit.net&d=DwIFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-
SIUPJ1f77PB9b9OKMFTYkEe1bpwLfQNWFAi_lfWrY8&m=qbvwMXuCIP6rEeuquSp4yaFJPdO_Juzd79S0ltx-
vJw&s=ldD4g_hzIv9sELV7Hghud139myx8YGkyhs3CmkAUq2M&e=
CONFIDENTIALITY NOTICE: This electronic mail transmission and any accompanying attachments contain
information belonging to the sender which may be confidential and legally privileged. This information is intended
only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If
you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents
of the information contained in this transmission is strictly prohibited. If you have received this transmission in
error, please notify the sender immediately and destroy all copies of this transmission and all
attachments. Thank you.
Please find attached application 2018-025 for the Sponsoring Survivorship Walk/Run for your review.
We would like to submit this for Council approval at the 08/21/2018 Council meeting, so please have your
comments back to me by 08/14/2018.
Hilary Britton
Deputy City Clerk
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x102
hbritton@cityoflakeport.com<mailto:hbritton@cityoflakeport.com>
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(Click button to register online)
From: jferguson
To: Hilary Britton
Subject: Re: Application 2018-025 - Sponsoring Survivorship Walk/Run
Date: Wednesday, July 18, 2018 6:37:37 AM
Attachments: image002.png
No police concerns
Hi all,
We would like to submit this for Council approval at the 08/21/2018 Council
meeting, so please have your comments back to me by 08/14/2018.
Hilary Britton
City of Lakeport
hbritton@cityoflakeport.com
06/28/2018 2019-001
X 08/21/2018
Hilary Britton Administration
X X
X Applicant must obtain an alcohol
X
permit from the LPD
No police concerns
Hi all,
Please find attached application 2019-001 for the 2019 Home Wine & Beer
Makers festival for your review and comments.
We would like to submit this for Council consideration at the 08/21/2018 Council
meeting, so please have your comments back to me by 08/14/2018.
Hilary Britton
City of Lakeport
hbritton@cityoflakeport.com
CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport
STAFF REPORT
RE: Resolution Approving Memorandum of Understanding with MEETING DATE: 08/21/2018
the Lakeport Police Officers’ Association
Margaret Silveira, City Manager
SUBMITTED BY:
BACKGROUND/DISCUSSION:
The City of Lakeport entered into negotiations with the Lakeport Police Officers’ Association around
April of 2018. This unit consists of sworn public safety employees who work in the Lakeport Police
Department. This unit last received a cost of living adjustment (COLA) in 2016. The MOU has a four
year term running through June 30, 2022 and includes an 8% increase on 07/01/2018; a 2% increase on
7/1/2019; a 2% increase 7/1/2020; and a 3% increase on 7/1/2021. In addition, there are substantial
“take backs” that the unit has agreed to, including, but not limited to, the following:
Should the City Council approve this item, the Administrative Services Director has submitted updates
to the Master Pay Schedule to reflect the changes on this night’s agenda.
OPTIONS:
1. Adopt the proposed Memorandum of Understanding with the Lakeport Police Officers’ Association.
2. Direct staff to make modifications or revisions to the proposed MOU.
3. Take no action or take action to approve the proposed MOU.
SUGGESTED MOTION:
Move to adopt a resolution approving a Memorandum of Understanding with the Lakeport Police
Officers’ Association for the period of July 1, 2018 through June 30, 2022 and approve the necessary
budget adjustment for the year ended June 30, 2019.
Attachments: 1. Resolution
2. Memorandum of Understanding
WHEREAS, the City of Lakeport has bargained with the Lakeport Police Officers’
Association on matters of employment including wages, hours and the terms and conditions of
employment for those employees; and
WHEREAS, the terms and conditions contained herein have been negotiated by the City
of Lakeport and the Lakeport Police Officers’ Association and such terms and conditions have
been agreed upon by both parties; and
THEREFORE, BE IT RESOLVED that the City Council of the City of Lakeport hereby
approves the attached Memorandum of Understanding for the City of Lakeport Police Officers’
Association for the period July 1, 2018 through June 30, 2022, and authorizes the City Manager
to execute this Memorandum of Understanding on behalf of the City.
The foregoing Resolution was passed and adopted at a regular meeting of the City
Council on the 21St day of August, 2018, by the following vote:
AYES:
NOES:
ABSTAINING:
ABSENT:
___________________________________
MIREYA G. TURNER, Mayor
ATTEST:
_______________________________
KELLY BUENDIA, City Clerk
ATTACHMENT 2
MEMORANDUM OF UNDERSTANDING
BETWEEN
LAKEPORT POLICE OFFICERS’ ASSOCIATION
AND
CITY OF LAKEPORT
TABLE OF CONTENTS
MEMORANDUM OF UNDERSTANDING
BETWEEN LAKEPORT POLICE OFFICERS’ ASSOCIATION
AND CITY OF LAKEPORT
JULY 1, 2018 THROUGH JUNE 30, 2022
This Memorandum of Understanding is made and entered into in the City of Lakeport, County
of Lake, State of California (hereafter CITY), and representatives of the Lakeport Police Officers’
Association (hereafter LPOA) pursuant to Government Code Section 3500 et seq. and the
Employer Employee Relations Resolution of the City of Lakeport. In accordance with the
Employer-Employee Relations Policy of the City of Lakeport, located in the City of Lakeport
Personnel Rules, the City Manager, and or designee(s), is the Employee Relations Officer for the
City of Lakeport.
The parties acknowledge that they have met and conferred in good faith, have freely
exchanged information, opinions, proposals and counter proposals and in all respects fulfilled
their obligations under law to meet and confer in good faith.
This Memorandum of Understanding (MOU) is the product of the above-described meeting and
conferring process. Representatives of the City agree to present this Memorandum of
Understanding to the City Council for determination, and representatives of the Lakeport Police
Officers’ Association agree to present this Memorandum of Understanding to their membership
for acceptance and approval.
ARTICLE 1. DEFINITIONS
1.1 Employer
The term “City” referred to herein shall be the City of Lakeport.
1.2 Association
The term “Association” referred to herein shall be the Lakeport Police Officers’
Association.
1.3 Employee
The term “Employee” referred to herein shall be all full time employees of the City of
Lakeport listed in Article 2 of this MOU.
ARTICLE 2. RECOGNITION
The City hereby recognizes the Association as the sole and exclusive bargaining agent for the
classes list below, for all matters within the scope of representation:
3.2 Employment
The City shall not discharge or otherwise discriminate against any employee by reason
of Association activities not interfering with the proper performance of his/her work.
a. Determine and modify the organization of City government and its constituent
work units.
b. Determine the nature, standards, levels, and mode of delivery of services to be
offered to the public.
c. Determine the methods, means, and the number and kinds of personnel by
which services are to be provided.
d. Determine whether goods or services shall be made or provided by the City, or
shall be purchased, or contracted for.
e. Direct employees, including scheduling and assigning work, work hours, and
overtime.
f. Establish employee performance standards and to require compliance therewith.
g. Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases
and benefits, or otherwise discipline employees, subject to the requirements of
applicable law.
h. Relieve employees from duty because of lack of work or lack of funds or for
other legitimate reasons.
i. Implement rules, regulations, and directives consistent with law and the specific
provisions of this MOU.
j. Take all necessary actions to protect the public and carry out its mission in
emergencies.
k. Determine the content of job classifications.
l. Contract out and transfer work out of the bargaining unit.
Decisions under this Article shall not be subject to the grievance procedure located in the City
of Lakeport Personnel Rules.
6.1.1 There shall the following increase to base salary effective for employees covered
by this agreement. Salary Schedules are attached to this Memorandum of
Understanding. Salaries increases will be to Step A, and employees will receive
5% for every step and the numbers have been rounded up or down to the
nearest dollar.
July 1, 2018 – 8%
July 1, 2019 – 2%
July 1, 2020 – 2%
July 1, 2021 – 3%
6.1.2 Field Training Officer – Those qualified and assigned FTO duties will receive a 5%
bonus pay differential for the actual time spent in the supervision and training of
new police officers during their field training only.
Any officer assigned to Swing or Graveyard shift, who is called in early or held
over beyond the assigned shift is not entitled to the shift differential for hours
beyond the assigned shift. However, appropriate overtime will be paid, if
required. As an example, an officer assigned to Graveyard shift who is asked to
report to work two hours early for operational needs, would be paid overtime, if
required, on the additional two hours but shift differential would only apply for
the normal ten hours. While the department works the 4-10 schedule, there
should be no more than ten hours of shift differential pay per shift.
6.1.4 Sixth Step- After an employee has been at the “E” step of a certain Range for two
(2) years, that employee shall be elevated to the “F” step which shall reflect a 5%
salary increase.
6.1.5 Canine Officer – It is recognized that the officer who has the responsibility for
the police dog has additional duties associated with the care and feeding of the
animal. The City therefore wishes to fairly compensate the individual for these
special tasks not associated with the regular responsibilities of a police officer, to
comply with the Fair Labor Standards Act (FLSA). The City will pay the canine
officer an additional two (2) hours per week for these specific tasks.
6.1.6 Merit Increase – Employees are not eligible for a merit increase from step A to
step B until the twelve-month anniversary i.e. end of probation.
6.1.7 Payday - Employees shall be paid bi-weekly on every other Friday. Payment will
reflect the number of hours worked at the employee’s hourly rate. It is the
employee’s responsibility to submit their timesheet at the end of each pay
period and failure to do so may result in a delay in processing the employee’s
pay check. The City will begin the process of transitioning following ratification.
6.2.1 POST Certification Incentive – The City shall add to the base salary of each
permanent full time employee who has been awarded an Intermediate and/or
Advanced Certificate from POST the following amounts with maximum incentive
not to exceed 5%:
6.2.2 Acting Pay – Employees directed to work in a higher classification shall, after
fifteen (15) days in such assignment during a twelve (12) months period, receive
a five percent (5%) adjustment in base pay for the duration of the assignment.
6.3.1 The City agrees to pay uniform allowance as follows: Police Officers/Sergeants:
$817.50 per fiscal year. Payment of 1/24th of the uniform allowance shall be
included with the employee paycheck.
6.3.2 City shall provide each sworn employee an initial issuance and replace as City
deems necessary all state mandated safety equipment: including the following
items:
Soft body armor vest Sam Browne belt
Service weapon and service ammunition Rain gear
Holster Chemical agent and holder
Handcuffs and case Whistle
Flashlight Helmet and Face Shield
All such equipment shall be selected by and remain the property of the City and
shall be returned upon the request of the City.
6.3.3 Take Home Vehicle - Management shall authorize and control official use of
vehicles through department policy. Take home vehicles shall be restricted to
travel within 15 miles of the Police Department building.
6.4 Retirement
6.4.1 On or about July 1, 2012, the City’s contract with PERS shall be amended to
provide retirement benefits under the Public Employees’ Retirement System
plan commonly know as 3% @ 55. The City’s plan shall also provide highest final
year compensation factor 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. Employees shall pay
the full employees’ share of PERS premiums. The City shall pay the full employer
share of PERS premiums.
The Public Employees' Pension Reform Act of 2013 (PEPRA) and related Public
Employees' Retirement law amendments in Assembly Bill 340 became law on
September 12, 2012 and the provisions were effective January 1, 2013.
The City and LPOA agree to implement all PEPRA provisions, and all applicable
amendments thereto. Effective January 1, 2013 all employees defined by PEPRA
as "new members" shall pay 50% of the total normal cost for the new Safety
PERS pension formula 2.7%@57, which is currently 11.5% of reportable
compensation, with a three-year final compensation period. "Classic members"
(employees hired prior to January 1, 2013) will retain the 3%@55 Safety PERS
formula, which is a 9% employee contribution, with a one-year final
compensation period.
The PEPRA defines a "new member" as : a) A new hire who is brought into
CalPERS membership for the first time on or after January 1, 2013, and who has
no prior membership in any California public retirement system; b) A new hire
who is brought into CalPERS membership for the first time on or after January 1,
2013 and who is not eligible for reciprocity with another California public
retirement system; c) A member who first established CalPERS membership prior
6.4.2.1 To be eligible the retiree and dependent(s) must have been enrolled in
the City’s medical plan prior to the effective date of retirement and
continuing eligibility information for dependent(s) must be provided
annually.
6.4.2.2 Retirement as used in this MOU shall mean separation from city
service due to, voluntary retirement, retirement due to the
employee’s 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 to POA members.
6.4.2.3 To be eligible the retiree and dependent(s) must elect to continue with
such coverage immediately upon retirement of eligible employee.
Thereafter retiree and dependent(s) are ineligible to participate in the
City’s offered program.
6.4.2.4 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 City’s primary health insurance plan provided the employee
enrolls in relevant public health benefit program described above and
for prescription drug coverage also enrolls in Medicare part D. This
requirement shall also apply to eligible dependent(s).
6.4.2.5 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 retiree’s dependents become eligible.
6.4.2.6 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:
6.4.3 Retirement Medical Benefit (Tier 2) To be eligible to continue in the City group
medical plans, employees must have ten (10) or more years of continuous service
with the City: 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 under the
following conditions:
6.4.3.1 To be eligible the retiree and dependent(s) must have been enrolled in
the City’s medical plan prior to the effective date of retirement and
continuing eligibility information for dependent(s) must be provided
annually.
6.4.3.2 Retirement as used in this MOU shall mean separation from city
service due to, voluntary retirement, retirement due to the
employee’s 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 to LEA members.
6.4.3.3 To be eligible the retiree and dependent(s) must elect to continue with
such coverage immediately upon retirement of eligible employee.
Thereafter retiree and dependent(s) are ineligible to participate in the
City’s offered program.
6.4.4 Retirement Medical Benefit (Tier 3) To be eligible to continue in the City group
medical plans, employees must have ten (10) or more years of continuous service
with the City: 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 retiree’s 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.
6.4.4.1 To be eligible the retiree and dependent(s) must have been enrolled in
the City’s medical plan prior to the effective date of retirement and
continuing eligibility information for dependent(s) must be provided
annually.
6.4.4.2 Retirement as used in this MOU shall mean separation from city
service due to, voluntary retirement, retirement due to the
employee’s 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 to LEA members.
6.4.4.3 To be eligible the retiree and dependent(s) must elect to continue with
such coverage within thirty (30) days of eligible employees retirement
6.4.5 No Retiree Medical Benefit will be provided for employees hired after January 1,
2006, other than described above.
6.5.1 Work Day: The City agrees that the normal workday for all represented
members of the Association shall be 10 hours. Under unusual conditions, such as
operational necessity, emergency, light duty or training assignments,
management may temporarily shorten or extend the number of hours in a
normal workday. No regularly scheduled work day shall be less than 8 hours.
Nothing in this provision shall preclude management from scheduling in house
training sessions that are less than 8 hours in length. The City may, at its
discretion, implement the use of 3-4-12 schedule, whereby the employee works
three 12-hour days in one week followed by four 12-hour days in the following
week.
6.5.2 Work Period: The City agrees that the normal work period for all represented
members of the Association shall be 40 hours. The work period begins at 12:00
am on Sunday and ends at 11:59 pm on Saturday. Any work day beginning on a
Saturday shall be considered to have been completed in that same work period.
(Example: a graveyard work day beginning at 8:00 pm on a Saturday in one work
period and ending at 6:00 am on Sunday in a separate work period shall be
considered to have been entirely worked in the first period.)
6.5.3 Work Day/ Work Period School Resource Officer - Should the City allocate a
School Resource Officer position/assignment, the City reserves the right to
determine the schedule/hours of work for said position/assignment.
6.6 Overtime
6.6.1 Overtime - Any work performed in excess of a regularly scheduled work hours or
in excess of forty hours in a work period shall be compensated for at the rate of
one and one-half times. (Examples: an employee assigned to a ten hour patrol
shift shall be compensated at the overtime rate for any work in excess of ten
hours: an employee on light duty assigned eight hours per day shall be
compensated at the overtime rate for any work in excess of eight hours.) The
City Council, City Manager, or Department Head must approve all overtime.
6.6.2 Compensatory Time - Association members at their option will either be paid or
elect to accrue overtime in the form of “comp time” to be accrued at time and
one-half up to a maximum comp time bank of 120 hours. Once an association
member accrues the maximum of 120 hours, all additional overtime shall be paid
overtime during the fiscal year it is earned.
6.6.3 Court Time, Call Out and Staff meeting pay – The minimum hours of
compensation shall be four (4) hours, paid at the overtime rate. The same
minimum of hours of compensation and rate of pay applies for any instance in
which an employee is called to duty on other than a regular duty or continuation
shift.
To be eligible to receive court time pay, officer must actually appear for court
session to which he is subpoenaed or other wise requested to appear by District
Attorney. Officers are required to check with District Attorney’s office and
Lakeport Police Department clerical staff to confirm whether case scheduled is
still to be heard that day. Any officer not checking ahead and reporting will not
be paid if the case was rescheduled or cancelled in advance of reporting for
court time.
Association members shall accrue one work day of sick leave, for each calendar month
of service spent as a City employee. Such accrual shall take place on a monthly basis.
No accrual shall take place for any period in which the employee is in a non paid status.
6.7.1. When an employee dies or is otherwise separated from City employment for any
reason, except termination for disciplinary just cause, the City shall pay for
unused sick leave as follows:
6.7.2. Buy-out of sick leave hours is at the employee’s normal rate of pay at the time of
conversion. If employment is terminated due to death the sick leave buy-out
benefit will be paid to the employee’s estate.
6.7.3. The maximum pay-out of 50% of accumulated sick leave at the time of
separation of service as defined above remains at a cash value not to exceed 800
hours.
6.8 Holidays
Association members shall be paid one work day’s compensation for each of the listed holidays.
Compensation for the holidays shall be paid on an annual payment system to all employees
covered by the MOU. Holiday pay will be paid during the pay period the holiday occurred.
6.8.1. Association members shall be entitled to the following holidays with pay:
6.9.1 An employee shall receive bereavement leave of twenty-four (24) hours for an
in-state incident, or forty (40) hours for an out-of-state incident, due to the
death of his or her parent, stepparent, mother-in-law, father-in-law, spouse,
child, stepchild, adopted child, grandchild, grandparent, sister, brother, sister-in-
law, brother-in-law, aunt, uncle, niece, nephew, grandfather-in-law,
grandmother-in-law, or the death of any person residing in the immediate
household of the employee at the time of death.
6.9.2 Bereavement leave is not subject to accrual and the leave allowed pursuant to
this provision must be used for any single incident of bereavement within seven
(7) days of the time the employee first takes bereavement leave for said
incident.
6.9.3 Said bereavement leave is separate and shall not be credited against other forms
of leave. The employee shall use bereavement leave before he/she makes use of
accrued sick time.
6.10 Integration/Coordination of Leaves with State Disability Insurance - For leaves qualifying
for State Disability Insurance or Paid Family Leave, the City will allow a coordination of
leave benefits with SDI for members of the Lakeport Police Officers Association.
Coordination of benefits only applies to paid leave that is available in an employee’s
sick, vacation, or CTO bank and is subject to rules of SDI.
6.11 Recruitment Incentives – In order to recruit qualified candidates, the City Manager or
designee may negotiate comparable accrual rates for sick leave or vacation leave but
may not offer banked time not earned at the City of Lakeport.
6.13 Discipline - The City of Lakeport Personnel Polices section ARTICLE XIV SECTION 7 shall
be amended to read as follows: A regular, for-cause employee may appeal from a final
notice of discipline that is greater than a 5 working day suspension without pay, by
delivering a written answer to the charges and a request for appeal to the City Manager
or designee for an appeal by an appeal committee. The written answer and request for
appeal must be received no later than 10 calendar days from the date of the
department head’s decision.
6.13.2 The costs of the Appeal Committee, if any, shall be borne jointly. Either party
may request that the hearing be transcribed and the party so making the request
shall bear the expense of the transcript.
6.13.3 The Appeal Committee shall have the authority to conduct the hearing in the
same manner as provided in Section 6 above and make findings of fact and
conclusions about the discipline. The Appeal Committee will render its decision
based on the weight of the evidence and such decision shall be final. This
decision shall be served on both the employee and City Clerk. The Appeal
Committee’s decision is final but reviewable by an administrative writ of
mandate.
ARTICLE 7. INSURANCES
7.1 Insurance Premiums
The CITY agrees to pay towards the cost of LPOA unit employee health, vision, and
dental/orthodontic insurances premiums as follows:
a. Employees shall be covered by the Operating Engineers Health, Vision, and Dental
Insurance plan. During the term of this Agreement, the City shall pay 80% of the
premiums for that plan and employees shall pay the other 20% of the premiums for
that plan.
b. During the term of this agreement, LPOA shall have the right to request re-entry into
the REMIF insurances program at LPOA option.
c. In the event LPOA enrolls in insurances plan(s) with premiums exceeding the CITY
contribution amounts as noted above, the balance will be LPOA unit employees’
responsibility with such employee contribution to be made through payroll
deduction. If the premium changes on the existing plan (Plan D), the 80/20
percentage split shall remain.
d. In the event that a federal or statewide change in the delivery of medical, or vision
and/or dental insurances is instituted–such as the creation of a statewide single
payer program–CITY and LPOA agree to meet and confer over the distribution of any
savings realized or additional costs incurred by CITY for such a plan, including
potential increases/decreases in salaries and other types of compensation to
members of LPOA unit.
For the life insurance plan written by PORAC, the City will reimburse the sum of
$21.50/monthly per covered employee. This plan also includes Long-Term Disability
Insurance.
Police Officer I 38.6 POA 4,067 4,270 4,484 4,708 4,943 5,190
Police Officer II 39.6 POA 4,255 4,468 4,691 4,926 5,172 5,431
Police Officer III 40.6 POA 4,450 4,673 4,907 5,152 5,410 5,681
Police Detective 43.6 POA 5,085 5,339 5,606 5,886 6,180 6,489
Police Sergeant 43.6 POA 5,085 5,339 5,606 5,886 6,180 6,489
Police Officer I 38.6 POA 4,148 4,355 4,573 4,802 5,042 5,294
Police Officer II 39.6 POA 4,340 4,557 4,785 5,024 5,275 5,539
Police Officer III 40.6 POA 4,539 4,766 5,004 5,254 5,517 5,793
Police Detective 43.6 POA 5,187 5,446 5,718 6,004 6,304 6,619
Police Sergeant 43.6 POA 5,187 5,446 5,718 6,004 6,304 6,619
Police Officer I 38.6 POA 4,231 4,443 4,665 4,898 5,143 5,400
Police Officer II 39.6 POA 4,427 4,648 4,880 5,124 5,380 5,649
Police Officer III 40.6 POA 4,630 4,862 5,105 5,360 5,628 5,909
Police Detective 43.6 POA 5,291 5,556 5,834 6,126 6,432 6,754
Police Sergeant 43.6 POA 5,291 5,556 5,834 6,126 6,432 6,754
Police Officer I 38.6 POA 4,358 4,576 4,805 5,045 5,297 5,562
Police Officer II 39.6 POA 4,560 4,788 5,027 5,278 5,542 5,819
Police Officer III 40.6 POA 4,769 5,007 5,257 5,520 5,796 6,086
Police Detective 43.6 POA 5,450 5,723 6,009 6,309 6,624 6,955
Police Sergeant 43.6 POA 5,450 5,723 6,009 6,309 6,624 6,955
STAFF REPORT
RE: Resolution Revising the City of Lakeport Master Pay Schedule MEETING DATE: 8/21/2018
Staff recommends that the City Council adopt a Resolution revising the City of Lakeport’s (City) master pay
schedule for all represented employee classifications and all unrepresented employees covered by a
Compensation Plan so that the City is in compliance with the requirements of the California Code of Regulations
section 570.5 and the California Public Employees’ Retirement System (CalPERS) relating to publically available
pay schedules.
BACKGROUND/DISCUSSION:
CalPERS, pursuant to their interpretation of California Code of Regulations section 570.5, recommends all
CalPERS employers maintain their compensation levels in a publicly available pay schedule, approved and
adopted by the governing body.
At tonight’s meeting, the City Council was asked to approve Memorandum of Understanding with the Lakeport
Police Officer’s Association, which will result in changes to salary for that unit. Additionally, changes for cost of
living adjustments have been made for previously approved agreements and contracts with the Lakeport
Employees’ Association, Unrepresented Management, and Confidential employees’. The City Council will need to
adopt a revised Master Pay Schedule effective 7/1/2018 to reflect the approved salary changes. In compliance
with California Code of Regulations section 570.5, the revised schedule will be made publically available on the
city’s website.
OPTIONS:
The Council could deny this request and provide other direction to staff.
FISCAL IMPACT:
None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:
Comments:
SUGGESTED MOTIONS: Move to approve a Resolution rescinding Resolution 2672 (2018) and revising
the Master Pay Schedule in conformance with California Code of Regulations, Title 2, Section 570.5.
1. Resolution Rescinding Resolution 2672 (2018) and Revising the Master Pay
Attachments:
Schedule in Conformance with California Code of Regulations, Title 2, Section
570.5
ATTACHMENT 1
WHEREAS, at its August 21, 2018 meeting, the City Council approved a Memorandum of
Understanding with the Lakeport Police Officers’ Association, and;
WHEREAS, at its March 6, 2018 meeting, the City Council approved agreements with
the Lakeport Employees’ Association, the Unrepresented Management unit and the
Confidential employees’ unit, and;
WHEREAS, the City now desires to revise the Master Pay Schedule to reflect salary
adjustments approved in the agreements with an effective date of July 1, 2018, and;
WHEREAS, the California Public Employees’ Retirement System (CalPERS), has requested
all CalPERS employers list their compensation levels on one document, approved and adopted
by the governing body, in accordance with title 2 of the California Code of Regulations, section
570.5, and meeting all of the following requirements thereof:
1. Has been duly approved and adopted by the employer's governing body in
accordance with requirements of applicable public meetings laws;
2. Identifies the position title for every employee position;
3. Shows the pay rate for each identified position, which may be stated as a
single amount or as multiple amounts within a range;
4. Indicates the time base, including, but not limited to, whether the time base
is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;
5. Is posted at the office of the employer or immediately accessible and
available for public review from the employer during normal business hours
or posted on the employer's internet website;
6. Indicates an effective date and date of any revisions;
7. Is retained by the employer and available for public inspection for not less
than five years; and
8. Does not reference another document in lieu of disclosing the pay rate; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEPORT, CALIFORNIA, DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1.
Resolution 2672 (2018) is rescinded.
Page 1
191565.1
ATTACHMENT 1
SECTION 2.
The City Council affirms the previously approved separate compensation levels for represented
Bargaining Unit positions and the Compensation Plans for the unrepresented positions through,
by and with the adoption of the single Master Pay Schedule attached hereto as Exhibit A.
SECTION 3. The City Council affirms the single Master Pay Schedule attached hereto meets all
of the requirements of title 2 of the California Code of Regulations, section 570.5, including but
not limited to directing staff to post it at the City and make available for public review during
normal business hours and/or post on the City’s internet website and be retained by the City
and available for public inspection for not less than five years.
DULY AND REGULARLY ADOPTED on this 21st day of August, 2018, by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
MIREYA G. TURNER, Mayor
ATTEST:
______________________________
KELLY BUENDIA, City Clerk
Page 2
191565.1
ATTACHMENT 1 EXHIBIT A
CITY OF LAKEPORT
MASTER PAY SCHEDULE
MONTHLY RATES WITH STEPS
DATED 7/01/2018
Steps
Job Classification Class Range Unit A B C D E F
Office Specialist I 29 LEA 2,423 2,538 2,697 2,783 2,917 3,061
Maintenance Worker I 31 LEA 2,611 2,735 2,868 3,006 3,152 3,302
Parks Maintenance Worker I 31 LEA 2,611 2,735 2,868 3,006 3,152 3,302
Equipment Mechanic I 32 LEA 2,722 2,853 2,988 3,134 3,286 3,440
Wastewater Systems Operator I 32 LEA 2,722 2,853 2,988 3,134 3,286 3,440
Water Systems Operator I 32 LEA 2,722 2,853 2,988 3,134 3,286 3,440
*Administrative Specialist I 33 LEA 2,826 2,964 3,104 3,257 3,410 3,576
Financial Services Specialist I 33 LEA 2,826 2,964 3,104 3,257 3,410 3,576
Parks Maintenance Worker II 33 LEA 2,826 2,964 3,104 3,257 3,410 3,576
Utility Operator I 33 LEA 2,826 2,964 3,104 3,257 3,410 3,576
Community Service Officer 34.7 LEA 2,933 3,048 3,192 3,345 3,505 3,678
*Deputy City Clerk I 35 LEA 3,063 3,208 3,365 3,529 3,747 3,879
Equipment Mechanic II 36 LEA 3,183 3,342 3,499 3,671 3,846 4,037
Financial Services Specialist II 36 LEA 3,183 3,342 3,499 3,671 3,846 4,037
Maintenance Worker II 36 LEA 3,183 3,342 3,499 3,671 3,846 4,037
*Administrative Specialist II 37 LEA 3,326 3,486 3,653 3,827 4,011 4,214
Engineering Technician I 37 LEA 3,326 3,486 3,653 3,827 4,011 4,214
Maintenance Worker III 37 LEA 3,326 3,486 3,653 3,827 4,011 4,214
Wastewater Systems Operator II 37 LEA 3,326 3,486 3,653 3,827 4,011 4,214
Water Systems Operator II 37 LEA 3,326 3,486 3,653 3,827 4,011 4,214
Police Records Supervisor 37.7 LEA 4,155 4,363 4,587 4,809 5,044 5,291
*Deputy City Clerk II 38 LEA 3,469 3,639 3,813 4,002 4,195 4,396
Maintenance Worker III 38 LEA 3,469 3,639 3,813 4,002 4,195 4,396
Parks Leadworker 38 LEA 3,469 3,639 3,813 4,002 4,195 4,396
Permit Technician 38 LEA 3,469 3,639 3,813 4,002 4,195 4,396
Utility Operator II 38 LEA 3,469 3,639 3,813 4,002 4,195 4,396
Utility Operator/MWII 38 LEA 3,469 3,639 3,813 4,002 4,195 4,396
Police Officer I 38.6 POA 4,067 4,270 4,484 4,708 4,943 5,190
Police Officer II 39.6 POA 4,255 4,468 4,691 4,926 5,172 5,431
EMC Supervisor 40 LEA 3,771 3,955 4,145 4,347 4,560 4,776
Engineering Technician II 40 LEA 3,771 3,955 4,145 4,347 4,560 4,776
Parks Maintenance Foreman 40 LEA 3,771 3,955 4,145 4,347 4,560 4,776
Utilities Maintenance Supervisor 40 LEA 3,771 3,955 4,145 4,347 4,560 4,776
Police Officer III 40.6 POA 4,450 4,673 4,907 5,152 5,410 5,681
Housing Specialist 41 LEA 3,944 4,122 4,324 4,532 4,751 4,981
Utility Operator III 41 LEA 3,944 4,122 4,324 4,532 4,751 4,981
Financial Services Specialist III 42 LEA 4,096 4,282 4,492 4,709 4,937 5,176
Wastewater Systems Supervisor I 43 LEA 4,283 4,490 4,706 4,935 5,177 5,432
Water Operations Supervisor I 43 LEA 4,283 4,490 4,706 4,935 5,177 5,432
Police Detective 43.6 POA 5,085 5,339 5,606 5,886 6,180 6,489
Police Sergeant 43.6 POA 5,085 5,339 5,606 5,886 6,180 6,489
Associate Planner 44 LEA 4,473 4,689 4,919 5,156 5,404 5,674
Electrical Mechanical Technician (EMT) 44 LEA 4,473 4,689 4,919 5,156 5,404 5,674
Public Works Foreman 45 LEA 4,648 4,874 5,112 5,362 5,625 5,900
Wastewater Systems Supervisor II 45 LEA 4,648 4,874 5,112 5,362 5,625 5,900
Water Operations Supervisor II 45 LEA 4,648 4,874 5,112 5,362 5,625 5,900
Building Official E-1 UM 5,173 5,433 5,704 6,084 6,391 n-a
Compliance Coordinator I E-1 UM 5,173 5,433 5,704 6,084 6,391 n-a
Government Accountant E-1 UM 5,173 5,433 5,704 6,084 6,391 n-a
Planning Services Manager E-1 UM 5,173 5,433 5,704 6,084 6,391 n-a
Compliance Coordinator II E-2 UM 5,704 5,990 6,290 6,708 7,047 n-a
Utilities Superintendent I E-2 UM 5,704 5,990 6,290 6,708 7,047 n-a
Police Lieutenant E-2B UM 5,990 6,290 6,603 7,043 7,400 n-a
ATTACHMENT 1 EXHIBIT A
Public Works Superintendent E-3 UM 6,145 6,453 6,776 7,227 7,592 n-a
Utilities Superintendent II E-3 UM 6,145 6,453 6,776 7,227 7,592 n-a
Administrative Services Director/City Clerk E-4 UM 6,772 7,113 7,467 7,966 8,367 n-a
Community Development Director E-4 UM 6,772 7,113 7,467 7,966 8,367 n-a
Finance Director E-4 UM 6,772 7,113 7,467 7,966 8,367 n-a
Public Works Director E-4 UM 6,772 7,113 7,467 7,966 8,367 n-a
Police Chief E-4B UM 7,247 7,609 7,988 8,522 8,951 n-a
City Engineer/Public Works Director E-5 UM 8,027 8,428 8,849 9,439 9,915 n-a
City Manager n-a contract 11,021 n-a n-a n-a n-a n-a
2. Approve a lease agreement with 49TH District Agricultural Association, to allow for overflow
parking at 902 Bevins Court from Wednesday, August 29, 2018 at 6:00 AM through Monday,
September 3, 2018 at midnight during the Annual Lake County Fair.
BACKGROUND:
The annual Lake County Fair is host to thousands of visitors and motorists wishing to participate in the
event. In years past, traffic congestion and parking, particularly parking for disabled persons, has been an
issue on the fairgrounds property, as they have limited designated disabled parking spaces available.
Currently, the main entrance to the fairgrounds has approximately eight (8) designated disabled parking
spaces, which are not sufficient to accommodate the number of attendees who are qualified for such spaces.
As a result, disabled motorists are often forced to double park or park in spaces where parking is prohibited,
thus causing unnecessary traffic congestion and safety concerns.
Additionally, the City has had an agreement with the 49th District Agricultural Association, (Lake County
Fair Board) to utilize the empty lot at 902 Bevins Court, owned by the Lakeport Redevelopment Successor
Agency, for overflow parking during the Lake County Fair. The use of the Bevins lot for Fair parking has
been going on for many years. The lease agreement has been updated and staff is recommending the
approval of the lease. This agreement assists the Fair by providing them with extra parking area for vehicles
and trailers during the event.
DISCUSSION:
The approval of temporary additional designated disabled parking spaces would allow those persons with
disabilities to have sufficient available parking, and reduce the potential for traffic congestion and safety
concerns at the main entrance. Police staff have discussed this request with Public Works staff who stated
they had sufficient signage to set up the temporary zone.
Meeting Date: 08/21/2018 Page 1 Agenda Item #IV.J.
The Bevins Court agreement assists the Fair by providing them with extra parking area for vehicles and
trailers during the event.
OPTIONS:
Approve/not approve
FISCAL IMPACT:
None $ Account Number: Comments:
SUGGESTED MOTIONS:
Move to:
1. Approve the designated temporary disabled parking on C and D Streets, between South Forbes
Street and the respective fairgrounds entrance gates from 4:00 p.m. August 30th to Midnight on
Sunday, September 2nd, 2018; and
2. Approve the lease for Fair parking at 902 Bevins Court with the 49th District Agricultural
Association and authorize the City Manager to execute the lease.
LEASE AGREEMENT
DATE: ___________, 2018
WITNESSETH:
WHEREAS The Lessee desires to secure from the Owner certain rights and privileges and
to obtain permission from the Owner to use the Owner's premises, located on 902 Bevins Court
in Lakeport (APN 025-462-11) (the “Property”), beginning at 6:00 AM on Wednesday, August
29, 2018 and ending at midnight on Monday, September 3rd, 2018.
NOW, THEREFORE, Owner hereby grants to the Lessee the right to occupy the Property
for the public parking purposes associated with the Lake County Fair, subject to the terms and
conditions of this Agreement. The purpose of occupancy shall be limited to temporary public
parking for visitors to the Lake County Fair, and shall be for no other purpose or purposes
whatsoever.
1. Lessee agrees to compensate Owner for the rights and privileges hereby granted, in the
manner set forth below: Lessee shall:
A. Lessee shall pay Owner $1.00 as consideration for the use of the Property.
C. Perform minor leveling of the Property to make the lot safe for parking and
walking.
E. Keep the Property clean of trash and clean it of any accumulated trash after the
Fair.
G. Provide for site access to the Property over the Bevins Court curb.
I. Repair any damage caused to the Property as result of activities occurring under
this Lease within 30 days of September 3, 2018.
1
167396.2
ATTACHMENT 1
2. Lessee further agrees that it will not sell, exchange or barter, or permit its employees to
sell, exchange or barter, any permits issued to Lessee or its employees hereunder
3. It is mutually agreed that this contract or the privileges granted herein, or any part
thereof, cannot be assigned or otherwise disposed of without the written consent of
Owner.
4. In the event Lessee fails to comply in any respect with the terms of this agreement, all
payments for this rental space shall be deemed earned and non-refundable by Owner and
Owner shall have the right to occupy the space in any manner deemed for the best
interests of Owner.
5. This agreement is not binding upon either party until it has been duly accepted and signed
by their authorized representatives.
6. Lessee shall not do or permit anything to be done in or about the Property nor bring or
keep anything therein that will in any way increase the existing rate of or affect any fire or
other insurance upon the Property. Lessee shall not commit or allow to be committed any
waste in or upon the Property.
7. Lessee shall not without, Owner’s prior written approval, install or affix any lighting,
shades, awnings, or decorations, signs, lettering, placards, or the like on any portion of
the Property; display or sell merchandise on, or otherwise obstruct, any area outside the
Property; cause or permit to be used any advertising, loudspeakers, unusually bright or
flashing lights, and similar devices which may be seen or heard outside the Property
unless approved by a separate Conditional Use Permit or Special Event Permit with prior
approval by Lessee,
8. Owner and Owner's officers, employees, and agents shall at all reasonable times have the
right to enter the Property for the purpose of inspecting the same, posting notices of non-
responsibility or any other notices required by law for the protection of Owner, doing any
work that Owner is permitted or required to perform under this Agreement, and making
any reasonable repairs which Owner determines may be required.
9. Lessee is, and at all times shall remain, an independent contractor solely responsible for
all acts and omissions of its employees, agents and representatives, including any
negligent acts or omissions. Lessee is not an agent of Owner and shall have no authority
to act on behalf of Owner or to bind Owner to any obligation whatsoever unless Owner
provides its prior written authorization to Lessee of such an obligation. Lessee is not an
officer or employee of Owner, and Lessee shall not be entitled to any benefit, right, or
compensation other than that as provided for in this Agreement.
10. Lessee shall comply with all applicable legal requirements including all federal, state, and
local laws (including ordinances and resolutions), whether or not said laws are expressly
stated in this Agreement.
2
167396.2
ATTACHMENT 1
11. Lessee shall, throughout the duration of this Agreement, secure and maintain insurance to
cover Lessee (including its agents, representatives, and employees) in connection with
Lessee’s performance under this Agreement. This Agreement identifies the required
minimum levels of insurance coverage that Lessee shall obtain; however, Lessee may
carry, at its own expense, any additional insurance it deems to be necessary or prudent.
Prior to the commencement of any performance under this Agreement, Lessee shall
furnish to Owner written proof of insurance (certificates and endorsements), in a form
acceptable to Owner. Lessee shall provide subsequent written proof of insurance no later
than 30 days prior to the expiration date of any insurance policy required by this
Agreement. Lessee shall maintain insurance that complies with the following
requirements:
B. Lessee shall take out and maintain, at Lessee’s sole expense, Public Liability
Insurance with coverage in the amount of $ 1,000,000.00 for one person and
$1,000,000.00 for one accident with bodily injury and $ 1,000,000.00 for
property damage.
E. All of the insurance policies required to be obtained by Lessee under this Section
shall be with companies and policies whose form is satisfactory and acceptable
to Owner. Each policy shall designate Owner as an additional named insured.
Lessee shall provide Owner with certificates of insurance (hereinafter
“Certificates”) issued by each of the insurance companies issuing any of the
policies required pursuant to this Section. In the event Lessee fails to take out or
maintain any of the insurance required pursuant to this Section, Owner shall
have the right to obtain said policies in form and with companies acceptable to
Owner, and to pay any premiums due thereon. The total amount of any
insurance premiums paid by Owner on Lessee’s behalf shall be paid by Lessee to
Owner upon demand, and said amounts shall start to bear interest at the rate of
ten percent (10%) per annum as of the date of Owner’s demand for payment by
Lessee.
3
167396.2
ATTACHMENT 1
12. To the fullest extent permitted by law, Lessee shall indemnify, hold harmless, and when
Owner requests with respect to a claim provide a deposit for the defense of, and defend
Owner, its officers, agents, employees and volunteers from and against any and all claims
and losses, costs or expenses for any damage due to death or injury to any person,
whether physical, emotional, consequential or otherwise, and injury to any property
arising out of or in connection with Lessee’s alleged negligence, recklessness or willful
misconduct or other wrongful acts, errors or omissions of Lessee or any of its officers,
employees, servants, agents, or subcontractors, or anyone directly or indirectly employed
by either Lessee or its subcontractors, in the use of the property, the performance of this
Agreement, or its failure to comply with any of its obligations contained in this
Agreement, except such loss or damage as is caused by the sole active negligence or
willful misconduct of Owner. Such costs and expenses shall include reasonable attorneys’
fees due to counsel of Owner’s choice, expert fees and all other costs and fees of
litigation. Lessee shall not be entitled to any refund of attorneys’ fees, defense costs or
expenses in the event that it is adjudicated to have been non-negligent.
13. Should interpretation of this Agreement or any portion thereof be necessary, it is deemed
that this Agreement was prepared by the parties jointly and equally, and shall not be
interpreted against either party on the ground that the party prepared the Agreement or
caused it to be prepared.
14. Owner and Lessee agree to mediate any dispute or claim arising between them out of this
Agreement, or any resulting transaction, before resorting to arbitration or court action in
relation to any such dispute or claim. Mediation fees, if any shall be divided evenly among
the parties involved. If, for any dispute or claim to which this paragraph applies, any party
commences a court action without first attempting to resolve the matter through
mediation, or refuses to mediate after a request has been made, than that party shall not
be entitled to recover attorneys’ fees in relation to the dispute or claim even if they would
be available to that party in any such action.
15. The prevailing party in any action under this Agreement shall be entitled to recover its
reasonable attorneys’ fees and litigation costs from the other party.
16. This Agreement constitutes the entire Agreement of the parties hereto. This Agreement
shall not be amended in any way except by a writing expressly purporting to be such an
amendment, signed, and acknowledged by both of the parties thereto.
17. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid
or unenforceable the remainder of this Agreement shall be interpreted so as to best affect
the reasonable intent of the parties hereto.
18. This Agreement shall be construed in accordance with the laws of the State of California
and the parties hereto agree that venue of any action or proceeding arising under this
Agreement or the performance thereof shall be heard in Lake County, California.
4
167396.2
ATTACHMENT 1
This agreement has been executed in duplicate, by and on behalf of the parties hereto, the day
and year first above written.
By: By:_______________________________
Margaret Silveira, City Manager Name, Level of Officer
Attest: Attest:
By: By:
Kelly Buendia, City Clerk Name, Title
Date: Date:
By: By:
David J. Ruderman, City Attorney Name, Title
Date: Date:
5
167396.2
CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport
STAFF REPORT
RE: Continuation of Local Emergency Declaration MEETING DATE: 08/21/2018
BACKGROUND/DISCUSSION:
On July 28, 2018, the Director of Emergency Services for the City of Lakeport declared a local State of
Emergency in connection with the conditions of extreme peril to the safety of persons and property
within the city as a result of the River Fire, re-named the Mendocino Complex fire in combination with
the Ranch Fire. In accordance with the Emergency Services Act Section 8630(b) and Lakeport Municipal
Code section 2.28.130, the City Council ratified the declared emergency on July 30, 2018 under
Resolution 2679 (2018). Under Lakeport Municipal Code section 2.28.150, the City Council shall review,
at least every 14 days the need for continuing the emergency declaration until the local emergency is
terminated.
The City Council at a Special Meeting on August 13, 2018, continued the emergency declaration on
Resolution 2680 (2018). Since a need still exists for the declaration, Council is asked to review and
continue the declaration. Should the need continue, staff will return this item at the next regularly
scheduled City Council meeting.
OPTIONS:
Approve the need for the continuation of the proclamation declaring a Local State of Emergency due to
Mendocino Complex fire; or proclaim the termination of the Local State of Emergency
FISCAL IMPACT:
None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:
Comments:
Meeting Date: 08/21/2018 Page 1 Agenda Item #IV.K.
198753.1
SUGGESTED MOTIONS: Move to confirm the continuing existence of a local emergency in the City of
Lakeport.
Attachments: 1. Resolution No. 2679 (2018)
STAFF REPORT
RE: Reschedule National Night Out to Take Place September MEETING DATE: 08/21/2018
17, 2018
BACKGROUND/DISCUSSION:
At their meeting on July 17, 2018 the City Council approved the cancellation of the August 7, 2018 Council
meeting, as well as approving closure of Park Street and the Gazebo, to accommodate the 2018 National Night
Out event on that date. Unfortunately, the Mendocino Complex fires broke out on Saturday July 27th, and the
City proclaimed a state of emergency. City staff were mobilized as disaster workers for the duration of the
mandatory and advisory fire evacuations, and subsequently cancelled the National Night Out event.
Now that the immediate danger is past, staff is requesting Council approval to reschedule the NNO event for
Monday, September 17, 2018 in Library Park.
At this time of heightened awareness of the public to public safety issues, the City of Lakeport National Night
Out event would be an opportunity for the community to meet and greet City Council Members and Staff and
local emergency personnel. The City would provide hot dogs and drinks. In the past, the Kiwanis have
volunteered to do the cooking.
Staff is planning to have this year’s event on Park Street and in Library Park. This would require the Council’s
approval to close the Library Park Gazebo, Park Street between Second and Third Streets and Second Street
between Park Street and the Alley behind City Hall for the event. The closures are needed from 4:00 p.m. to
9:00 p.m. with the event beginning at 6:00 p.m. and ending at 8:00 p.m.
OPTIONS:
Approve the participation of the City of Lakeport in the rescheduled National Night Out event, with street
closures.
Do not approve the participation of the City of Lakeport in the National Night out event
FISCAL IMPACT:
SUGGESTED MOTIONS:
1. Move to approve the participation of the City of Lakeport in the rescheduled National Night Out event
on September 17, 2018, with street closures and the Library Park Gazebo reserved for the event.
THIRD ST
Street Closed
Barricade
City
ALLEY
Hall
Library Park
Street Closed
Barricade
SECOND ST
N MAIN ST
PARK ST
Street Closed
Barricade
STAFF REPORT
RE: Resolution Providing for the Appointment to the Offices of MEETING DATE: 8/21/2018
Councilmember
BACKGROUND/DISCUSSION:
On May 15, 2018, the City Council adopted Resolution Number 2666 (2018) calling for, providing for and giving
notice of the General Municipal Election to be held on Tuesday, November 6, 2018, for the election of two
Council Members to serve four-year terms of office. The resolution requested the Board of Supervisors of the
County of Lake to consolidate with the state general election and for election services to be provided by the
Lake County Registrar of Voters.
The Deputy City Clerk posted the Notice of Election and the nomination period for two Council Members began
on Monday, July 16, 2018 and closed on Friday, August 10, 2018 at 5:00 p.m.
At of the close of the nomination period on Friday, August 10, 2018, there were not more candidates than
offices to be elected for the General Municipal Election. As such, section 10229 of the Elections Code, allows
one of the following courses of action to be taken by the City Council:
Pursuant to § 10229 of the Elections Code, the City Clerk submitted and posted timely a certificate of these facts
to the City Council. The City Clerk further posted and published Notice that there are Not More Candidates than
Offices to be Elected.
The City Council is being requested to consider adoption of a resolution appointing the individuals below to the
offices to which they were nominated:
It is worthy to note that should the Council appoint the nominees, the process of filing of any statement of
write-in candidacy would be eliminated. The Council may consider that the Mendocino Complex Fire (River Fire)
forced mandatory evacuations for the majority of the City of Lakeport from Sunday, July 28 through Thursday,
August 2, 2018. This equates to 5 days of the 26-day nomination period where the public was unable to fully
participate in the process. That being said, the City Clerk’s office received no requests from qualified persons to
pull nomination papers nor did the City Clerk’s office receive any inquiries regarding pulling papers in the other
21 days, outside of the two nominees (Mattina and Turner).
Should the City Council opt to appoint the person’s nominated, there is a potential cost savings of $4000 to
$6000 to the City for election services.
If the City Council does not so appoint the persons nominated in the General Municipal Election, the General
Municipal Election will be held as planned on November 6, 2018 pursuant to Resolution No. 2666 (2018).
OPTIONS:
The City Council could provide other direction.
FISCAL IMPACT:
None $4000 Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:
Comments: We have budgeted $4000, however, costs vary depending on actual costs to the Registrar.
SUGGESTED MOTIONS:
Move to adopt a Resolution of the City Council of the City of Lakeport Providing for the Appointments to the
Offices of Councilmember of the City those that were nominated to be elected on Tuesday, November 6, 2018 at
the General Municipal Election.
Attachments: 1. Resolution
2. Notice That There Are Not More Candidates Than Offices To Be Elected
3. City Clerk’s Certificate of Facts
WHEREAS, on May 15, 2018 the City Council adopted Resolution No. 2666 (2018) calling for and
providing for and giving notice of the General Municipal Election to be held on Tuesday, November 6,
2018, for the election of two Council Members to serve the full four-year term of office:
WHEREAS, pursuant to California Elections Code section 10229, as of the close of the
nomination period on Friday, August 10, 2018 for the General Municipal Election, there are no more
candidates than offices to be elected and one of the following courses of action may be taken by the
City Council:
WHEREAS, for the General Municipal Election for the purpose of electing two (2) Council
Members of the City Council to serve the full four-year term of office, the candidates are Stacey Mattina
and Mireya Turner;
WHEREAS, there are no other City offices to be filled and no City ballot measure has qualified
for the General Municipal Election;
WHEREAS, on August 14, 2018, the City Clerk submitted a certificate of these facts to the City
Council as required by California Elections Code section 10229;
WHEREAS, on August 16, 2018, the City Clerk posted and published notice of these facts and the
courses of action available as required by California Elections Code section 10229.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Lakeport as
follows:
1. Pursuant to California Elections Code section 10229, the following persons are hereby
appointed to the office for which they were nominated for the following terms:
2. The persons appointed by this Resolution, if any, shall qualify and take office and serve
exactly as if elected at a municipal election for the office.
3. By adopting this Resolution and making the appointments in Section 1 above, the
General Municipal Election to be held on November 8, 2016 is hereby cancelled.
198928.1
ATTACHMENT 1
4. The City Clerk shall certify to the passage and adoption of this resolution and enter it
into the book of original resolutions.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lakeport, State of
California, held on this 21ST day of August, 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
____________________________________
MIREYA G. TURNER, Mayor
ATTEST:
____________________________________
KELLY BUENDIA, City Clerk
198928.1
ATTACHMENT 2
CITY OF LAKEPORT
NOTICE THAT THERE ARE NOT MORE CANDIDATES
THAN OFFICES TO BE ELECTED
NOTICE IS HEREBY GIVEN that pursuant to § 10229 of the Elections Code of the State of California
November 6, 2018
relating to the General Municipal Election in the City of Lakeport to be held on Tuesday, _______________
As of the close of the nomination period on August 10 , 2018 ,there are not more candidates
than offices to be elected.
The person(s) so nominated are:
Stacey Mattina
That § 10229 of the Elections Code allows one of the following courses of action to be taken by the City
Council:
1. Appoint to the office the person(s) who has/have been nominated.
2. Appoint to the office any eligible voter if no one has been nominated.
3. Hold the election if either no one or only one person has been nominated.
STAFF REPORT
RE: Delegation of Claims Administration MEETING DATE: 08/21/2018
The City Council is being asked to adopt a resolution approving the delegation of claims administration and
authorizing Redwood Empire Municipal Insurance Fund (REMIF) and the third party administrator on behalf of
REMIF to accept or reject claims filed against the City of Lakeport.
BACKGROUND/DISCUSSION:
Since 1976, the Redwood Empire Municipal Insurance Fund (REMIF), a joint powers authority, has been
managing its members’ pooled coverage programs, primarily worker’s compensation and liability programs.
The City of Lakeport joined REMIF in 1978 and there are now fifteen cities that make up its membership. At the
January 26, 2018 REMIF Board of Directors’ Meeting, the Board directed the General Manager to enter into a
three year agreement with George Hills Co., a third party administrator, to administer the covered liability
claims for member cities. As part of this change, the REMIF General Manager is requesting member cities to
adopt a resolution granting REMIF and the third party administrator authority to accept or reject a claim.
Government Code 912.6 empowers the City Council to act on a claim filed against the City by rejecting the claim
or by paying the claim in total or in part. The Government Code also allows the City Council to delegate to a
third party administrator the ability to respond to covered liability claims. The REMIF Memorandum of
Coverage for the Liability Program (MOC) is a negotiated agreement amongst the members. The MOC gives
REMIF the right to control the negotiation, investigation, defense, appeal or settlement of liability claims for its
members. So, the City Manager and Administrative Services Director work closely and collaboratively with
REMIF staff in the handling of claims. When warranted, REMIF recommends rejection and claims are placed on
the City Council agenda for rejection. The addition of George Hills, Co. does not significantly alter the process
normally observed by the City of Lakeport. Instead of recommending that a claim be denied by the City Council,
REMIF through George Hills, Co. would be authorized to deny or accept the claim while working closely with the
city.
This request is designed to create consistency in claims handling across all the REMIF members and to expedite
the claims process. The change has the added benefit of taking the paperwork burden off of the cities, along
with the responsibility of meeting strict deadlines for rejection. It is worthy of noting that adoption of the
proposed resolution does not change the City Council’s authority. If the City disagreed with REMIF about the
disposition of a claim, the City Council retains the authority to pay a claim or litigate a claim. In this case, REMIF
would turn the claim over to the city to be paid or litigated at the city’s expense.
OPTIONS:
FISCAL IMPACT:
None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other: Fund
Comments: None
SUGGESTED MOTIONS:
Move to approve a resolution approving the delegation of claims administration and authorizing REMIF and the
third party administrator on behalf of REMIF to accept or reject claims filed against the City of Lakeport.
Attachments: 1. Resolution
WHEREAS, the City of Lakeport is a member of the Redwood Empire Municipal Insurance Fund
(hereinafter referred to as REMIF), a self-insured joint powers authority;
WHEREAS, REMIF provides, among other things, the City's liability coverage for those matters
covered by the Memorandum of Liability Coverage;
WHEREAS, REMIF has a Memorandum of Liability Coverage that outlines the liability coverage
provided to the City of Lakeport and is bound by the By-Laws that, among other things, outline
settlement authority;
WHEREAS, REMIF works with a third party administrator to administer the City's liability claims
that fall under the Memorandum of Liability Coverage;
WHEREAS, Government Code 912.6 requires that the City of Lakeport act on a claim filed against
the City in one of four ways: (1) If the Board finds the claim is not a proper charge against the public
entity, it shall reject the claim; (2) If the Board finds the claim is a proper charge against the public entity
and is for an amount justly due, it shall allow the claim; (3) If the Board finds the claim is a proper charge
against the public entity but is for an amount greater than is justly due, it shall either reject the claim or
allow it in the amount justly due and reject it as to the balance; or (4) If legal liability of the public entity
or the amount justly due is disputed, the Board may reject the claim or may compromise the claim.
WHEREAS, the City of Lakeport shall delegate and authorize REMIF and the third party
administrator on behalf of REMIF to respond to covered claims filed against the City as outlined in
Government Code section 912.6. The City of Lakeport will work closely with REMIF and the third party
administer on behalf of REMIF to respond to covered claims. All decisions will be collaboratively
discussed between the City and REMIF or the third party administrator on behalf of REMIF. Final
authority is outlined in the Memorandum of Liability Coverage, the bylaws and the JPA agreement with
REMIF.
WHEREAS, whenever it is necessary for the City to reject or provide another form of notice to a
claimant for a covered claim, the City of Lakeport hereby delegates to REMIF or the third party
administrator on behalf of REMIF that authority, in collaboration with the City of Lakeport; and
WHEREAS, the City of Lakeport will immediately report every covered claim to REMIF and/or the
third party administrator on behalf of REMIF (but in no case longer than 2 business days of claim filing);
the City of Lakeport will provide REMIF and the third party administrator on behalf of REMIF any
ATTACHMENT 1
information/documentation that is needed immediately (but in no case longer than 10 days of claim
filing) with information to determine the appropriate claim response.
NOW, THEREFORE, BE IT RESOLVED by the City of Lakeport that it does hereby delegate the
authority of claims administration for covered claims and authorizes REMIF and the third party
administrator on behalf of REMIF to respond to covered claims on behalf of the City of Lakeport.
The foregoing Resolution was passed and adopted at a regular meeting of the City Council on
the 21ST day of August 2018, by the following vote:
AYES:
NOES:
ABSTAINING:
ABSENT:
___________________________________
ATTEST:
_______________________________
STAFF REPORT
RE: Police Dog Foundation MEETING DATE: 08/21/2018
BACKGROUND/DISCUSSION:
The police department was approached by local business owner, David Brown, requesting our approval to start
a non-profit foundation named “Friends of Lakeport PD” with the primary purpose of raising funds in the
community to start a police dog program and also assist with other equipment needs and programs in the
Lakeport Community.
The police department is in full support of this foundation and has a goal of starting a police dog program within
the next year. The foundation would be set up with a board of directors including a representative from the
police department and Mr. Brown is requesting that the Mayor also appoint one Councilmember to the board.
The board will also include community members.
Mr. Brown is currently in the process of submitting the application for non-profit foundation status and will be
working on by-laws and board member selections.
This is not a city board and the council will have no authority to direct the actions of this foundation. Although
city staff time will be used to work with the foundation and its board, no public funds will be transferred or given
to the board. The foundation will transfer funds to the city and/or directly pay bills for police dogs or
equipment.
Should the Council give direction for this, staff will bring back a resolution at the appropriate time.
OPTIONS:
FISCAL IMPACT:
None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Meeting Date: 08/21/2018 Page 1 Agenda Item #VI.C.1.
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:
Comments: No fiscal impact at this time.
SUGGESTED MOTIONS:
Attachments:
STAFF REPORT
RE: Lakeshore Blvd Roadway Repair ER 32L0(074) MEETING DATE: August 21, 2018
BACKGROUND/DISCUSSION:
This project is a result of storm damage that occurred during the flooding in January and February of 2017. The
project area is from 100 feet south of Sayre Street to 300 feet north of Jones Street. Work consists of replacing
damaged pavement sections, replacing drainage inlets and culverts and minor sidewalk repair. This project will
repair the shoulder area of Lakeshore Boulevard that has been barricaded off since the storms.
The majority of the funding is from the Federal Highway Administration’s Emergency Relief program. The
program reimburses 88.53% of the construction costs. The city is required to contribute 11.47% of the total cost
for the project.
There were 3 bids received and opened August 13, 2018. Darren Taylor Construction, Inc. was the low bidder at
$206,701.98. The engineer’s estimate was $143,732.50. Although the low bidder did not meet the
Disadvantage Business Enterprise goal, the documentation of Good Faith Effort is being reviewed by city staff
and Caltrans. Caltrans Local Assistance will provide the final determination on acceptance of the efforts.
OPTIONS:
The City Council can reject all bids or provide other direction.
FISCAL IMPACT:
None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:
Comments:
SUGGESTED MOTIONS:
Move to award a construction contract to Darren Taylor Construction, Inc. for the Lakeshore Blvd Roadway
Repair Project.
Engineer's Estimate Team Ghilotti, Inc. Darren Taylor Construction, Inc. Granite Construction Co
ItemDescription Quantity Unit Unit Price Extension Unit Price Extention Unit Price Extension Unit Price Extension
1 Mobilization LS 1 --- $5,000.00 $35,155.00 $35,155.00 $24,836.91 $24,836.91 $18,750.00 $18,750.00
2 Traffic Control LS 1 --- $12,500.00 $1,500.00 $1,500.00 $28,360.80 $28,360.80 $27,000.00 $27,000.00
3 WPCP LS 1 --- $500.00 $7,777.00 $7,777.00 $6,060.00 $6,060.00 $650.00 $650.00
4 4 inch Cold Plane AC SF 3600 $1.50 $5,400.00 $4.70 $16,920.00 $1.21 $4,356.00 $1.75 $6,300.00
5 3 inch Cold Plane AC SF 6298 $1.25 $7,872.50 $4.70 $29,600.60 $0.77 $4,849.46 $2.00 $12,596.00
6 1/2" Type A HMA w/PG 64-16 TN 228 $195.00 $44,460.00 $311.00 $70,908.00 $177.57 $40,485.96 $235.00 $53,580.00
7 Restore Striping (Paint) LS 1 --- $1,500.00 $5,055.00 $5,055.00 $7,150.80 $7,150.80 $5,000.00 $5,000.00
8 Remove and Replace 48" (Type 4A) Curb Inlet EA 3 $7,500.00 $22,500.00 $10,250.00 $30,750.00 $6,151.55 $18,454.65 $8,500.00 $25,500.00
9 Remove existing culvert, Replace w/ 18" HDPE EA 4 $8,250.00 $33,000.00 $17,750.00 $71,000.00 $12,247.72 $48,990.88 $16,000.00 $64,000.00
10Remove and Replace Curb and Gutter including depression at Curb LF 84 $100.00 $8,400.00
Inlet $89.00 $7,476.00 $203.53 $17,096.52 $270.00 $22,680.00
11 Repair CI No. 1 LS 1 --- $2,600.00 $5,250.00 $5,250.00 $6,060.00 $6,060.00 $3,500.00 $3,500.00