082112 lakeport city council agenda packet

7/31/2019 082112 Lakeport City Council Agenda Packet

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Any person may speak for three (3) minutes on any agenda item; however, total public input per item is not to exceed 15 minutes, ext

City Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.

I. CALL TO ORDER & ROLL CALL: 6:00 p.m.

II. PLEDGE OF ALLEGIANCE:

III. ACCEPTANCE OF AGENDA: Move to accept agenda as posted, or move to add or

Urgency Items To add item, Council is required to make a majority de

(as defined in the Brown Act) and a 2/3rds determinat

action arose subsequent to the Agenda being posted.

IV. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontCouncil at one time without any discussion. Any Council Member may reques

Consent Agenda for discussion under the regular Agenda. Removed items wi

Calendar portion of this agenda.

A. Ordinances Waive reading except by title, of any ordinances unde

meeting for either introduction or passage per Govern

B. Warrants Approve warrant register of August 8, 2012.

C. Minutes Approve minutes of the regular City Council meeting o

D. Building Permit Report Receive and file Building Permit Report for July 2012.

E. Application No. 2012-018

Lake County Fair

Approve Application No. 2012-018 for the Lake Count

Day Fair Parade on Thursday, August 30, 2012.

F. Application No. 2012-019

Lakeport Main Street Association

Approve Application No. 2012-019 for the Lakeport M

Shipwreck day consisting of sidewalks sales and booth

September 15, 2012.

G. LEA MOU Approve

H. Lease with Fairgrounds for Bevins Court

Parking

Approve the lease with the County Fair for parking on

Court property

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input: Any person may speak for 3 minutes about any subject within the authority osubject is not already on tonights agenda. Persons wishing to address the Ci

Citizens Input form and submit it to the City Clerk prior to the meeting being

please state your name and address for the record. NOTE: Per Government C

take action or express a consensus of approval or disapproval on any public c

appear on the printed agenda.

VI. PUBLIC HEARING:

A. City of Lakeport Water and Waste

Water Projects Funded Through the

Conduct public hearing and consider action regarding

Study/Mitigated Negative Declaration for the City of L

AGENDAREGULAR MEETING OF THE LAKEPORT CITY COUNCILTuesday, August 21, 2012

City Council Chambers, 225 Park Street, Lakeport, California 954


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City Council Agenda of August 21, 2012

C. City Clerk

1. Appointments to LEDAC Appoint two members to the Lakeport Economic Deve

Committee.

VIII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any:

IX. CLOSED SESSION: Pursuant to Government Code 54956.9(b), Anticipate

pursuant to Government Code 54954.5(b), Conferenc

Negotiators (#1 First Street and 1350 South Main Stre

Government Code 54957.6, Conference with Labor N

Employees); pursuant to Government Code 54957, P

(Utilities Superintendent)X. REPORT FROM CLOSED SESSION:

XI. ADJOURNMENT: Adjourn

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspect

Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeports website,www.

staffs ability to post the documents before the meeting.

In compliance with theAmericans with Disabilities Act, the City of Lakeport will make available to members of the public any special assistameeting. The public should contact the City Clerks Office at (707) 263-5615 to make such a request. Notification 72 hours prior to the mee

reasonable arrangements to ensure accessibility to this meeting.

_____________________________

Janel M. Chapman, City Clerk
http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/


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MINUTESLAKEPORT CITY COUNCIL

REGULAR MEETINGAugust 7, 2012

I. CALL TO ORDER:

ROLL CALL:

Mayor Pro Tem Engstrom called the regular meeting of

of Lakeport to order at 6:00p.m. with Council Members

Suzanne Lyons present. Council Member Roy Parmenti

Mattina were absent.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by April Knoll.

III. ACCEPTANCE OF AGENDA: A motion was made by Council Member Lyons, seconde

Rumfelt, and unanimously carried by voice vote to acce

IV. CONSENT AGENDA:

A. Ordinances Waive reading except by title, of any ordinances under c

meeting for either introduction or passage per Governm

B. Warrants Approve warrant registers from July 19, 2012, July 23, 2

C. Minutes Approve minutes of the regular City Council meeting of

D. Amendment No. 3 to Fire

Department Agreement

This item will be pulled and reagendized for a future me

Vote on Consent Agenda A motion was made by Council Member Rumfelt, secon

Lyons, and unanimously carried by voice vote to approv

posted with Item D pulled.

V. PUBLIC PRESENTATIONS/ REQUESTS:

A. Citizen Input There was no citizen input.

B. Introduce Summer Intern Finance Director Buffalo introduced Alex Stempe who h

hours as an intern over the summer.C. County Health Officer

Presentation

Dr. Karen Tait, the Countys Health Official, gave a prese

Survey on emergency preparedness. They will be doing

D. Main Street Association Carol Hayes, director, and Barbara Breunig, president of

Association announced that Cheri Holden has been awa

business of the year.

The Lakeport Main Street Associate presented the City w

help defray the costs of the annual fireworks show.

VI. PUBLIC HEARING:

A. Neighborhood Improvement

Study

A public hearing was opened at 6:18 p.m. Cheri Holden

glad to see this kind of study being done. There was no

hearing was closed at 6:19 p.m. A motion was made by

and approved by voice vote with Council Member Roy P


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Minutes of the Lakeport City Council Meeting of 08/07/2012

C. Delinquent Utility A public hearing was opened at 6:29 p.m. There was no

hearing was closed at 6:29 p.m. A motion was made by

Rumfelt and approved by voice vote with Council Memb

Mayor Stacey Mattina absent, to approve the utility bill

associated resolution and direct staff to submit the list t

Controller for inclusion on the property tax roll.VII. COUNCIL BUSINESS:

A. Public Works Director

1. Rescind Resolution

No. 2294

Sitting as the Board of CLMSD, a motion was made by Bo

seconded by Board Member Lyons, and approved by vo

Parmentier and Chairman Stacey Mattina absent, to res

(2007) establishing a sewer system connection policy fo

2. Exemptions fromHiring Freeze

A motion was made by Rumfelt, seconded by Lyons andwith Council Member Roy Parmentier and Mayor Stacey

approve exemptions from the hiring freeze for the follow

System Operator 1, and two Maintenance Worker 1 vac

VIII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports: Council Member Lyons reported that APC meets here to

the Clear Lake Advisory Committee will have its next me

Council Member Rumfelt reported that the Clean Water

be meeting next Wednesday.

Council Member Rumfelt also reported that the new pa

looks good. He also indicated that he would like to see

check with Safeway to see if they will sponsor fundraisin

Council Member Rumfelt still has concerns regarding th

Community Development Director Knoll indicated he is

bring something back to the Council.

Council Member Rumfelt would like to take a look at thespeeders on Main Street.

Council Member Rumfelt has concerns regarding the do

not picking up after their dogs. He would like a sign ma

dont pick up after their dogs, the park could be closed.

Brannigan reported that he had met with the Parks and

and they are looking at modifying the dispensers for the

he would look into putting up signage.

Finance Director Buffalo reported that there has been a

Controllers Office here this week to audit our gas tax fu

Community Development Department Knoll reported th

there will be a public hearing regarding the USDA projec

Public Works Director Brannigan reported that crews ha


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CITY OF LAK

City of Lakeport Municipal S

STAFF REPORT

RE: Building Permit Report MEETING DAT

SUBMITTED BY: Community Development Department

PURPOSE OF REPORT: Information only Discussion Action Item

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

The Council is being asked to review the Building Permit Report for informational purpos

SUMMARY:

Attached is a copy of the July building permit log and pending permits. The following are Year 2012/2013 for the Building Department:

Number of Permits 17Construction Value $275,871.32Permit Revenue $6,911.90

SUGGESTED MOTIONS:

Receive and file monthly Building Permit Report for July.

Attachments: Monthly Building Permit Report for July


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MEMORANDUM OF UNDERSTAND

BETWEEN

LAKEPORT EMPLOYEES ASSOCIATI

AND

CITY OF LAKEPORT


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TABLE OF CONTENTS

ARTICLE 1. DEFINITIONS....................................................................................

1.1 Employer .....................................................................................................

1.2 Association ..................................................................................................1.3 Employee.....................................................................................................

ARTICLE 2. RECOGNITION..................................................................................

ARTICLE 3. HIRING PROVISIONS.........................................................................

3.1 Non-Discrimination .....................................................................................

3.2 Employment ................................................................................................

ARTICLE 4. CITY RIGHTS ....................................................................................

ARTICLE 5. EMPLOYEE RIGHTS ...........................................................................ARTICLE 6. WAGES, HOURS AND WORKING CONDITIONS....................................

6.1 Salaries ........................................................................................................

6.2 Longevity Pay ..............................................................................................

6.3 Clothing Allowance .....................................................................................

6.4 Retirement ..................................................................................................

6.4.1 Retirement Medical Benefit (Tier 1)...............................................



6.5 Work Day/Work Week ................................................................................

6.5.1 Work Day ........................................................................................

6.5.2 Work Week .....................................................................................

6.6 Overtime .....................................................................................................

6.6.1 Daily Overtime ................................................................................

6.6.2 Standby ...........................................................................................

6.6.3 Call Out Time ..................................................................................6.7 Compensation for Unused Sick Leave.........................................................

6.8 Holidays .......................................................................................................

6.9 Bereavement Leave.....................................................................................

6.10 Bi-lingual Proficiency ...................................................................................

6.11 Insurances ...................................................................................................

6.11.1 Health Insurance ..........................................................................

6.11.2 Dental Insurance ..........................................................................6.11.3 Vision Insurance ...........................................................................

6.11.4 Life Insurance ...............................................................................

6.11.5 Employee Assistance Program (EAP)............................................

6.12 Certificate Pay .............................................................................................

ARTICLE 7 ASSOCIATION BUSINESS


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MEMORANDUM OF UNDERSTANDINGBETWEEN

LAKEPORT EMPLOYEES ASSOCIATION

AND

CITY OF LAKEPORT

JULY 1, 2012, THROUGH JUNE 30, 2014

This Memorandum of Understanding is made and entered into in the City of Lakep

of Lake, State of California, between the City of Lakeport (hereafter CITY) and repreof the Lakeport Employees Association (hereafter LEA) pursuant to Government C

Section 3500, et seq. In accordance with Employer-Employee Relations Policy of th

Lakeport, located in the City of Lakeport Personnel Rules, the City Manager, and or

is the Employee Relations Officer for the City of Lakeport.

The parties acknowledge that they have met and conferred in good faith, have free

exchanged information, opinions, proposals and counter proposals and in all respe

their obligations under law to meet and confer in good faith.

This Memorandum of Understanding (MOU) is the product of the above-described

conferring process. Representatives of the City agree to present this Memorandum

Understanding to the City Council for determination and representatives of the Lak

Employees Association agree to present this Memorandum of Understanding to th

membership for acceptance and approval.

ARTICLE 1. DEFINITIONS

1.1 Employerthe term City referred to herein shall be the City of Lakeport.

1.2 Associationthe term Association referred to herein shall be the Lakepo

E l A i ti


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ARTICLE 2. RECOGNITION

The City hereby recognizes the Association as the sole and exclusive bargaining age

classes listed below, for all matters within the scope of representation:

Account Clerk

Accounting Technician

Associate Planner/Housing Specialist

Community Service Officer

Department Secretary I

Department Secretary II

EMC Supervisor

Engineering Technician I

Engineering Technician II

Finance Specialist

Maintenance Worker I

Maintenance Worker II

Office Specialist

Parks Maintenance ForemanParks Maintenance Worker I

Parks Maintenance Worker II

Police Records Supervisor

Public Works Foreman

Utilities Maintenance Supervisor

Wastewater Systems Operator I

Wastewater Systems Operator IIWastewater Systems Supervisor

Water Systems Operator I

Water Systems Operator II

Water Operations Supervisor

ARTICLE 3. HIRING PROVISIONS

3.1 Non-Discrimination No employee covered by this agreement shall be discagainst by the City, or by the Association, by reason of race, color, religion, age, na

ancestry, citizenship, sex, gender, sexual identity, physical or mental disability, med

condition, marital status, sexual orientation or any other basis protected by law.

3 2 Employment The City shall not discharge or otherwise discriminate again


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ARTICLE 4. CITY RIGHTS

It is understood and agreed that the City retains all of its powers and authority to m

municipal services and the work force performing those services. It is agreed that term hereof, the City shall not be required to meet and confer on matters which ar

function of management including the right to:

a. Determine and modify the organization of City government and its constitu

units.

b. Determine the nature, standards, levels, and mode of delivery of services t

to the public.

c. Determine the methods, means, and the number and kinds of personnel by

services are to be provided.

d. Determine whether goods or services shall be made or provided by the City

purchased, or contracted for.

e. Direct employees, including scheduling and assigning work, work hours, and

f. Establish employee performance standards and to require compliance ther

g. Discharge, suspend, demote, reduce in pay, reprimand, withhold salary incr

benefits, or otherwise discipline employees, subject to the requirements of

law.

h. Relieve employees from duty because of lack of work or lack of funds or for

legitimate reasons.

i. Implement rules, regulations, and directives consistent with law and the sp

provisions of this MOU.

j. Take all necessary actions to protect the public and carry out its mission in

k. Determine the content of job classifications and job descriptions.

l. Contract out and transfer work out of the bargaining unit.

Decisions under this Article are generally not subject to the grievance procedure lo

City of Lakeport Personnel Rules. To the extent required by law, items h and l w

subject of impact bargaining. Item k will be subject to meet and confer to the ext

management decisions affect wages, hours and working conditions of the unit. Th


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ARTICLE 5. EMPLOYEE RIGHTS

Employees of the City shall have the right to form and participate in the activities o

employee organizations of their own choosing for the purpose of representation oof employer-employee relations, including, but not limited to wages, hours, and ot

and conditions of employment. Employees of the City also have the right to repres

themselves individually in their employment relations with the City. No employee

interfered with, intimidated, restrained, coerced or discriminated against by the Ci

employee organization because of his/her exercise of these rights. Remedies grant

individual employees representing themselves will not reduce or eliminate rights, b

compensation for Association members.

ARTICLE 6. WAGES, HOURS AND WORKING CONDITIONS

6.1 Salaries -There is no negotiated cost of living adjustment for the term of th

memorandum of understanding.

6.2 Longevity Pay - After an employee has been at the E step of a certain Ran

(2) years, that employee shall be elevated to the F step which shall reflect a 5% sincrease. (MOU 6/23/77, 10/25/84).

6.3 Clothing Allowance - The City shall provide uniforms to Association Membe

in Public Works and Utilities, in Classifications required to wear industrial style unif

approved safety boots, as follows:

The City shall provide an allowance of up to $80.00 annually for purchase of work s

approved by the City.

Orange jackets costing a maximum of $100.00 shall be provided every two (2) fisca

the event an employees jacket is lost, stolen or damaged in the course of employm

be replaced at City expense. Any new hire will be provided with an orange jacket i

duties require one. (MOUs effective 7/1/85 and 7/1/92)

Employees will be reimbursed for actual expenses for steel toed/shanked safety bo

provided, however, that the reimbursement cost to City per pair of boots shall not

$125.00 for regular and $150.00 for steel toed boots in each fiscal year. (MOUs eff7/1/85, 7/1/85, 7/1/92 and 7/1/04)

6.4 Retirement -The City shall provide retirement benefits under the Public Em

Retirement System plan commonly known as 2% @ 55. City shall also provide hig

i f (S i 20042) d i f d i k l


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6.4.1 Retirement Medical Benefit (Tier 1)- For regular, full-time employe

before April 5, 1999, retiring from the City of Lakeport with Service or Indus

Retirement, City agrees to offer and provide/pay the appropriate premium

and eligible dependent(s) medical insurance under the following conditions

6.4.1.1. To be eligible the retiree and dependent(s) must have been e

the Citys medical plan for a period of one year and/or in ac

with REMIF policy prior to the effective date of retirement a

annual proof of dependent eligibility

6.4.1.2. Retirement as used in this document shall mean separation f

service due to, voluntary retirement, retirement due to the e

sustaining an industrial injury or retirement through a reduc

(layoff) where the employee otherwise meets all requiremen

of retiree health benefits under these rules. This addition is n

the rule that an involuntary termination from city service as

discipline precludes the entitlement to any retiree benefits u

section but to further define involuntary separations from se

retiree health benefits may be paid to LEA members.

6.4.1.3. To be eligible the retiree and dependent(s) must elect to con

such to coverage within thirty (30) days of the eligible emplo

retirement date. Thereafter retiree and dependent(s) are ine

participate in the Citys offered program.

6.4.1.4. At the inception of retiree coverage the eligible dependents

those who prior to the subscriber/employee retirement fromwere covered under the city sponsored health plan. This mea

should the retiree remarry, adopt or otherwise acquire new

City shall have no obligation to pay any portion of the health

premiums for such new dependants. The retiree (if they are

eligible to participate in the health plan) may enroll at his or

these new dependents.

6.4.1.5.

To continue eligibility retiree and dependent(s) shall enroll inand/or MediCal or any other welfare benefit program for wh

as soon as eligible. The City does not pay for Medicare A or

continue contribution to the health insurance program offer

Citys primary health insurance plan provided the employee


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program. Nevertheless, the City will fully comply with the CO

requirements should a retirees dependents become eligible

6.4.1.7.

If the City changes the primary health insurance plan after efretirement date of eligible retiree, retiree and dependent(s)

to new plan or lose retiree coverage benefit. (Note: employ

represented by Lakeport Safety Officers Association unit hav

provided permission to enroll in Operating Engineers medic

and retirees from that unit meeting above criteria would be

remain in that program as long as continuing unit represente

stay in that program. All other current City employees and eretirees are enrolled in REMIF administered Blue Cross progr

6.4.1.8. City contribution toward retiree and dependent(s) premium

exceed the maximum premium that the City contributes for

sponsored plan for active employees.

6.4.1.9. The benefits provided under this section will continue for su

employees and their legal dependent(s), if any, while said re

employee is alive. In the event of the retired employees de

will continue for the spouse until the spouse dies or remarrie

addition, the benefits provided under this section will contin

retired or deceased employees legal dependent children wh

an Internal Revenue Service dependent until such children re

of disqualifications as stated in the current health plan contr

spouse remarries, whichever occurs earliest.

6.4.1.10. Continuous service is defined as consecutive years of regular

employment with the City. Any separation from City employ

void any previous accrual towards length of continuous serv

purposes of this section, unless otherwise waived by the City

and due to extenuating circumstances. Layoffs with subsequ

restoration and approved City paid or unpaid leaves do not c

separation from City service for the purpose of this section.

6.4.1.11. Any retired employee who, after retirement from City, beco

employed elsewhere and is covered by medical insurance by

employer, said coverage provided by City to the retired emp

considered secondary to the coverage provided by his/her n


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6.4.2 Retirement Medical Benefit (Tier 2) -For regular, full-time employe

after April 5, 1999, but before July 1, 2005, retiring from the City of Lakepor

Service or Industrial Injury Retirement, City agrees to offer and provide/pay

appropriate premium(s) for retiree and eligible dependent(s) medical insur

the following conditions:


the Citys medical plan for one year and/or in accordance wi

policy prior to the effective date of retirement and provide a

of dependent eligibility.

6.4.2.2.

Retirement as used in this document shall mean separation service due to, voluntary retirement, retirement due to the e

sustaining an industrial injury or retirement through a reduc





section but to further define involuntary separations from seretiree health benefits may be paid to LEA members.


such coverage within thirty (30) days of the eligible employe



6.4.2.4.

At the inception of retiree coverage the eligible dependents those who prior to the subscriber/employee retirement from

were covered under the city sponsored health plan. This mea

should the retiree remarry, adopt or otherwise acquire new

City shall have no obligation to pay any portion of the health

premiums for such new dependants. The retiree (if they are


these new dependents

6.4.2.5. City contribution towards retiree and dependent(s) medical

benefit for those retiring with Service Retirement is based on

following formula:

Years of Continuous Service % of Cost Covered by City


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6.4.2.6. City contribution towards retiree and dependent(s) medical

benefit for those retiring as a result of industrial injury is bas

following formula:

Years of Continuous Service % of Cost Covered by City

5 plus 50

10 plus 100

6.4.2.7. To continue eligibility retiree and dependent(s) shall enroll in

and/or MediCal or any other welfare benefit program for wh

as soon as eligible. The City does not pay for Medicare A or continue contribution to if to the health insurance program o

through Citys primary health insurance plan provided the em

enrolls in relevant public health benefit program described a

prescription drug coverage enrolls in Medicare Part D. This r

shall also apply to eligible dependent(s).

6.4.2.8. Under the Consolidate Omnibus Budget Reconciliation Act (C

1985, certain qualifying events allow qualified retiree eligidependents to continue enrollment in a group health benefi

specific limited time. This is separate from the retiree health



6.4.2.9. If the City changes the primary health insurance plan after ef

retirement date of eligible retiree, retiree and dependent(s)

to new plan or lose retiree coverage benefit. (Note: employrepresented by Lakeport Safety Officers Association unit hav

provided permission to enroll in Operating Engineers medica

and retirees from that unit meeting above criteria would be

remain in that program as long as continuing unit represente

stay in that program. All other current City employees and e

retirees are enrolled in REMIF administered Blue Cross progr

6.4.2.10.

City contribution toward retiree and dependent(s) premium

exceed the maximum premium that the City contributes for

sponsored plan for active employees.

6.4.2.11. Continuous service is defined as consecutive years of regular


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his/her new employers coverage shall be considered primar

6.4.2.13. Any spouse of a deceased employee or deceased retired em

receiving benefit coverage as provide under this section, bec

employed and is covered by medical benefits by his/her emp

coverage provided by City will be considered secondary to th

provided by the spouses employer, and his/her employers cshall be considered primary.

6.4.3 Retirement Medical Benefit (Tier 3) - For employees hired after July

and retiring from the City of Lakeport under Service or Industrial Injury retir

provisions, City agrees to allow enrollment in City group medical plans at re

expense. This option shall cease upon death of retiree, though dependent(

provided COBRA or other legally required notice and benefits if they choose

City group medical plan for the period of such COBRA benefit.


the Citys medical plan for one year and/or in accordance wi

policy prior to the effective date of retirement and provide a

of dependent eligibility.

6.4.3.2. Retirement as used in this document shall mean separation f

service due to, voluntary retirement, retirement due to the esustaining an industrial injury or retirement through a reduc





section but to further define involuntary separations from se

retiree health benefits may be paid to LEA members.


such coverage within thirty (30) days of the eligible employe




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these new dependents

6.4.3.5.

Under the Consolidate Omnibus Budget Reconciliation Act (C1985, certain qualifying events allow qualified retiree eligib

dependents to continue enrollment in a group health benefi

specific limited time. This is separate from the retiree health



6.4.3.6. If the City changes the primary health insurance plan after ef

retirement date of eligible retiree, retiree and dependent(s) to new plan or lose the ability to participate in Citys group in

program at their own expense. (Note: employees represent

Lakeport Safety Officers Association unit have been provided

to enroll in Operating Engineers medical program and retiree

unit meeting above criteria would be allowed to remain in th

as long as continuing unit represented employees stay in tha

All other current City employees and eligible retirees are enrREMIF administered Blue Cross program.)





his/her new employers coverage shall be considered primar

6.4.3.8. Any spouse of a deceased employee or deceased retired em

receiving benefit coverage as provide under this section, bec

employed and is covered by medical benefits by his/her emp

coverage provided by City will be considered secondary to th

provided by the spouses employer, and his/her employers c

shall be considered primary.

No Retiree Medical Benefit will be provided to those employees hired after July 1, than described above.

6.5 Work Day/Work Week

6.5.1 Work Day: The City agrees to the continuation of the 9-80 work schedul


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6.6 Overtime

6.6.1 Daily Overtime - Under the 9-80 schedule, overtime will paid for hours in e

was scheduled that day at the rate of one and one half times the regular rate. For when scheduled to work a nine hour day, overtime would be paid after nine hours

Council, City Manager, or Department Head must approve all overtime. (Res. No. 1

6.6.2 Standby - One designated person will be on standby duty for water, sewer

Works calls. The standby person will carry a paging device during off hours and is e

be on the scene within 30 minutes of a call. The person on standby duty will receiv

in the amount of $30.00 per weekday and $50.00 per day on weekends and holida

the first pay period following ratification of this MOU. If there is a call, the standbywould receive a 2 hours minimum overtime credit. The standby employee would b

take a City vehicle home equipped with a radio. (Res. No. 1647 (90))

6.6.3 Call Out Time - City agrees to pay all Public Works and Utilities employees a

two hours show-up time for emergency call out situations. (MOU effective 7/1/85)

6.6.4 Furlough -Management shall have the right to implement a total of 12 furl

all LEA members during the term of this MOU, six days per fiscal year. Furlough dscheduled as follows:

2012 2013

Thanksgiving Week Nov. 16, 19, 20 Nov. 25, 26, 27

Christmas Week Dec. 26, 27, 28 Dec. 23, 26, 27

6.7 Compensation for Unused Sick Leave

6.7.1. Upon termination (except termination for cause), retirement, or death of a

the City shall pay for unused sick leave as follows:

Completed Service Sick Leave Paid O

5 through 10 years continuous service 10.0%

Start of 11th

year through completion of year 15 20.0%

Start of 16th

year through completion of year 20 35.0%

Start of year 21 and thereafter 50.0%

6.7.2. Buy-out of sick leave hours is at the employees normal rate of pay at the ti

separation. If employment is terminated due to death, the sick leave buy-out bene

paid as designated in writing by the employee or as otherwise provided by law.


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health, safety or general welfare, in which latter event, any such employee shall be

compensated at the normal overtime rate of pay. If a holiday falls on an employee

scheduled time off, said employee shall be compensated at regular rate of pay or c

time off, at the employees discretion. (Res. 1178, MOU 86, 92-95)

6.9 Bereavement Leave

6.9.1 An employee shall receive bereavement leave of twenty-four (24) hours for

incident, or forty (40) hours for an out-of-state incident, due to the death of his or

stepparent, mother-in-law, father-in-law, spouse, child, stepchild, adopted child, s

daughter-in-law, grandchild, grandparent, sister, brother, sister-in-law, brother-in-

uncle, niece, nephew, grandfather-in-law, grandmother-in-law, or the death of anyresiding 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 pursuan

provision must be used for any single incident of bereavement within seven (7) day

the employee first takes bereavement leave for said incident.

6.9.3 Said bereavement leave is separate and shall not be credited against other

leave. The employee shall use bereavement leave before he/she makes use of acctime.

6.10 Bi-lingual Proficiency

An employee who uses bilingual skills during the regular course of their duties, and

basis, and who passes the required proficiency test(s), is eligible to receive a 2.5 pe

bilingual pay premium. The employees department head must certify that there i

need or benefit, on a regular basis, to having the employee certified in a particularother than English in order for an employee to qualify for the bilingual pay premium

6.11 Insurances

City agrees to pay the cost of employee health, dental, vision, life, and disability ins

premiums as follows:

6.11.1 Health Insurance - For the REMIF administered Blue Cross medical

insurance plan, the City will contribute seventy-six percent (76%) of the monthlypremiums and association members twenty-four percent (24%) of the monthly

premiums.

It is agreed that the City paid portion of the premiums will be calculated as a perce

premium for the selected plan rounded up or down to the closest dollar The 76%


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LEA and City agree to meet and consult when new medical options for REMIF spon

are made available.

6.11.2 Dental Insurance - For the REMIF administered Delta Dental Plan, the City wcontribute the entire premium for the duration of this MOU.

The City shall supplement the existing Delta Dental orthodontic maximum lifetime

$1,000 per enrollee to the sum of $2,000 per enrollee.

6.11.3 Vision Insurance -For the VSP vision insurance plan, the City will contribute

premium for the duration of this MOU.

6.11.4 Life Insurance -For the REMIF administered Life & AD&D Insurance Plan cuJefferson Pilot Financial, and the Long Term Disability Insurance Plan currently with

Pilot Financial, the City will contribute the entire premium for the duration of this M

The Life and AD&D plan currently provides benefits based on one times Basic Annu

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

monthly based on two-thirds of salary with an elimination period of 90 calendar dadisability within a 180 calendar day period.

6.11.5 Employee Assistance Program (EAP) -For the REMIF administered Employe

Program; the City will contribute the entire premium for the duration of this MOU.

6.12 Certificate Pay -The following incentive program and salary ranges for qua

and Sewer Treatment Plant Operators is created: (Resolution No. 1647 (90))

Position Certification Required S

Water Operator/MW I None at time of hire or transfer

Water Operator/MW II Grade II Water

Water Operator/MW Supervisor Grade III Water

Sewer Operator/MW I None at time of hire or transfer

Sewer Operator/MW II Grade II Sewer

Sewer Operator/MW Supervisor Grade III Sewer

Utility Operator/MW I Grade I Water and Grade I Sewer

Utility Operator/MW II Grade II Water and Grade II Sewer

ARTICLE 7. ASSOCIATION BUSINESS


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ARTICLE 8. PRIOR MOUS, RESOLUTIONS, ORDINANCES AND PRACTICES

All care and diligence was used in the preparation of this comprehensive MOU. W

having an opportunity for input and research, it is mutually agreed that this comprMOU will supersede all previous MOUs. It is agreed that all Resolutions and Ordina

conflict with provisions of this MOU may be repealed by the City Council without f

for meet and confer. If the Association has reason to believe a past practice curren

that is different or inconsistent with the terms of this MOU they agree to present t

practices to management during the fiscal 2014-2015 meet and confer session.

ARTICLE 9. CONTENT, TERMS AND RECOMMENDATIONS

9.1 SeverabilityIf any article or section of this Memorandum of Understandi

invalid, unlawful, or unenforceable by reason of any existing or subsequent enacte

or by judicial authority, all other articles and sections of this Memorandum shall re

force and effect for the duration of this Memorandum. In the event of invalidation

article or section, the City and the Association agree to meet within thirty (30) day

purpose of renegotiating said article or section.

9.2 TermThe term of this Memorandum of Understanding shall be from July

June 30, 2014.

Dated: August ______, 2012

CITY OF LAKEPORT LAKEPORT EMPLOYEES ASSOC

_______________________________ _________________________

Margaret Silveira, City Manager Andrew Britton, LEA Represent

_______________________________ _________________________

Steve Brookes, City Attorney Richard Johnson, LEA Represen

LEASE AGREEMENT


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LEASE AGREEMENTDATE: August 9, 2012

THIS AGREEMENT by and between the CITY OF LAKEPORT, herein after

Owner, and 49TH DISTRICT AGRICULTURAL ASSOCIATION hereinafterLessee.

WITNESSETH:1. THAT WHEREAS The Lessee desires to secure from the Owner certain rights and privileges

permission from the Owner to use the Owners premises, located on Bevins Court in Lakeport

8/22/12 and ending on 9/05/12.

2. NOW, THEREFORE, Owner hereby grants to the Lessee the right to occupy the space(s) defor the purposes hereinafter set forth, subject to the terms and conditions of this agreemen

PUBLIC PARKING LOT3. The purposes of occupancy shall be limited to USE AS A PUBLIC PARKING LOT and s

other purpose or purposes whatsoever.

4. Lessee agrees to compensate Owner for the rights and privileges hereby granted, in the mabelow:

Lessee shall:

Remove any brush.

Perform minor leveling to make the lot safe for parking and walking.

Maintain gravel walkway from the lot onto fairgrounds property.

Keep the lot clean of trash and clean it of any accumulated trash after the Fair.Provide an insurance certificate indicating coverage for fair patrons on the lot.

Provide for the operation of the parking operation on the lot.

5. Owner shall have the right to monitor as well as access the Premises.6. Lessee further agrees to indemnify and save harmless the Owner, its officers, agents, servants and employees from an

causes of action and suits accruing or resulting from any damage, injury or loss to any person or persons, including a

whom the Lessee may be liable under any Workers' Compensation law and Lessee itself and from any loss, damage,

claims or suits for damages, including but not limited to loss of property, goods, wares or merchandise, caused by, ar

any way connected with the exercise by Lessee of the privileges herein granted.

7. Lessee further agrees that it will not sell, exchange or barter, or permit its employees to sell, exchange or barter, any pLessee or its employees hereunder.

8. It is mutually agreed that this contract or the privileges granted herein, or any part thereof, cannot be assigned or otheof without the written consent of Owner.

9. It is mutually understood and agreed that no alteration or variation of the terms of this contract shall be valid, unless and signed by the parties hereto, and that no oral understandings or agreements not incorporated herein and no altera

variations of the terms hereof, unless made in writing and signed by the parties hereto, shall be binding upon any of t

10. In the event Lessee fails to comply in any respect with the terms of this agreement, all payments for this rental space earned and non-refundable by Owner and Owner shall have the right to occupy the space in any manner deemed for t

of Owner.

11. Special Provisions PROOF OF GENERAL LIABILITY INSURANCE COVERAGE SHALL BEBY LESSEE_________

12. This agreement is not binding upon either party until it has been duly accepted and signed by their authorized represIN WITNESS WHEREOF, this agreement has been executed in duplicate, by and o

the parties hereto, the day and year first above written.

CITY OF LAK


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City of Lakeport Municipal S

STAFF REPORT

RE: Initial Study/Mitigated Negative Declaration Regarding theCity of Lakeport Water and Waste Water Projects FundedThrough the USDA Rural Development Program

MEETING DAT

SUBMITTED BY: Richard Knoll, Community Development Director

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The Council is being asked to conduct a public hearing and consider action regarding the CStudy/Mitigated Negative Declaration for the City of Lakeport water and waste water projthrough the USDA Rural Development Program.

BACKGROUND:

Earlier this year a decision was made by the City Council to proceed with the submission orequest for grant and loan funds to the United States Department of Agriculture (USDA) fwaste water projects. The City Council directed that an application for USDA Rural Devesubmitted, that a preliminary engineering report be prepared, and that environmental reviewproject be completed as well. The ten water and waste water projects are set forth below:

Water System Improvements

Land acquisition to secure ownership of existing City groundwater wells (Green Ra Replacement of the Citys water metering devices throughout its distribution system Replacement of the existing water Supervisory Control and Data Acquisition (SCA Intertie the existing Parallel Drive and South Main Street water mains with a new w

Wastewater System Improvements

Replacement of the existing sewer Supervisory Control and Data Acquisition (SCA Repairs of existing sewer treatment ponds Replacement of the Clear Lake Avenue sewage lift station and controls

DISCUSSION:

Last spring a planning consultant Planning Partners Inc (PPI) was hired by the City to pr


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Last spring, a planning consultant, Planning Partners, Inc. (PPI) was hired by the City to prand CEQA review of the water and waste water projects.

PPI prepared the environmental report in accordance with State and Federal guidelines forThe environmental report - Initial Study/Mitigated Negative Declaration (IS/MND) is atta

available on the City's web site. The IS/MND was completed and then circulated for publto local and responsible agencies in April/May of 2012 through the California Office of PlResearch Clearinghouse (SCH # 2012042048). No comments from the general public werhowever a number of comment letters from various Lake County Departments, LAFCO awere received in response and are attached for consideration.

In accordance with the provisions of the CEQA guidelines Section 15074, the Lakeport Cirequested to consider the IS/MND, Department and Agency comments, the recommenda

of a mitigated negative declaration made by PPI and the Planning Commission, this staff rethe official record, public hearing input and make a decision as to the appropriate level of Cenvironmental clearance for the project.

On July 25, 2012, the Lakeport Planning Commission considered this matter and made a reto adopt a mitigated negative declaration for the water and waste water projects. A copy ofand recommendation from the Planning Commission meeting of July 25, 2012, is attached

The recommended mitigation measures are listed below. These mitigation measures have b

and are recommended for project implementation as a result of the determination that thersignificant environmental impacts identified in the Initial Study. The recommended mitigatreduce the environmental impacts to a less than significant level.

Mitigation Measure BIO-1: Rare Plants.

Because of the presence of serpentine soils along project component W-4, rare plant surveconducted prior to vegetation removal along roadsides or staging areas. If rare plant specieconstruction shall halt and the California Department of Fish and Game (CDFG) will be c

guidance. If the alignment changes and vegetation removal will be required, rare plant survconducted within the blooming period of the sensitive plants that have the potential to occfound during surveys for the road widening project). If rare plants are discovered and canCDFG should be consulted. CDFG will recommend their preferred method of mitigationimpacts to the rare plants. Typically, CDFG will recommend rare plant seed collection or effected individuals. If neither of those options is feasible, they may require the purchase ofrom a local mitigation bank.

Mitigation Measure BIO-2: North Pacific Pond Turtle (NPPT) Relocation.

No more than one week prior to the start of construction, a survey of the sewer ponds witcomponent S-2 shall be conducted to identify presence of turtles. If NPPTs are observed,biological monitor must be present when the ponds are dewatered. The onsite biological mrelocate the turtles to the nearest accessible perennial water body based on coordination anCDFG

and regulations prohibit the take, possession, or destruction of birds, their nests, or eggs. Dcauses nest abandonment and/or loss of reproductive effort could be considered a take.


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The following measures are identified to minimize or avoid project impacts to species protMBTA:

1. Schedule tree removal and ground-clearing activities prior to the initiation of nestin(March 1) or after fledging (August 31).

2. If this is infeasible, conduct pre-construction surveys between March 1 and Augustnesting habitat to identify nest sites. If an active raptor nest is observed within 350project site, establish a 350-foot buffer around the nest tree, and consult CDFG forecommendations. Prohibit construction activities in the buffer zone until the youIf any other birds protected by MBTA are found nesting within the project site or iadjacent to, consult USFWS for protection measures. Alternatively, USFWS could

recommendations to minimize potential impacts. Construction activities or disturbbuffer zone will be prohibited until the young have fledged or USFWS has made alrecommendations.

Mitigation Measure BIO-4: Wetlands and Protected Waters.

If impacts to roadside ditches, Forbes Creek, or tributaries to Manning Creek are anticipatejurisdictional delineation is recommended to determine whether the area is subject to jurisdUSACE under Section 404 of the Clean Water Act. If project impact areas are revised, a w

delineation may be necessary for other portions of the project site as well, such as the westbore pit location for project component S-6.

Mitigation Measure BIO-5: Protected Trees.

If any native tree will need removal, the Lakeport General Plan requirement of a 3:1 replacnative tree removed will be followed or a 5:1 for the removal of heritage trees.

Mitigation Measure CUL-1: Monitoring of Projects that have the Potential to Affect or ImResources:

Monitoring during excavation of access pits, water mains, and other ground disturbing acticonducted by a fully qualified archaeologist who meets the Secretary of the Interiors StandArchaeology, and also by a Native American who will act as a comonitor during project coactivities. The three project components that are the most likely to affect cultural resourcefollowing:

W-4. Extension of Loop Water Mains Located within South Main Street and Parall(including bore under SR 29 and Parallel Drive reach)

S-3. Clear Lake Avenue Pump Station Replacement S-5. Main Street Replacement and Upsizing of Sewer Collection Pipe Size

Mitigation Measure CUL-2: Procedure in the Event of Fortuitous Discovery of PreviouslyArchaeological or Historical Cultural Resources:

Mitigation Measure CUL-3: Procedure in the Event of Discovery of Human Remains:

In the event of discovery of human skeletal remains, however fragmentary or disturbed fro


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y , g ycontext, the Lake County Coroner and the Native American Heritage Commission, Sacram(916-653-4082), are to be notified of the discovery immediately, and all work in the vicinitycease and there shall be no further excavation or disturbance of the find site or any nearby

suspected to overlie adjacent remains until the coroner of that county in which the remainshas determined whether the remains are those of a Native American. If the remains are dethose of a Native American, the coroner must contact that California Native American HeCommission. CEQA Guidelines (Public Resources Code Section 5097) specify the proceduin the event of discovery of human remains on non-Federal land. The disposition of Nativburials is within the jurisdiction of the Native American Heritage Commission. Upon requwill provide project leaders with a list of Most Likely Descendants (MLDs), who will specifdisposition of any Native American remains found within the Area of Potential Effects (A

Human remains and associated grave goods are protected under Section 5097.94 of the CaResources Code and Section 7050.5 of the California Health and Safety Code.

Mitigation Measure HAZ-1:

Employee lead exposure would be assessed and special health and safety procedures wouldthe workers working near lead contaminated areas, consistent with the provisions of CCR TCalifornia Code of Regulations Title 8, 1532.1 applies to all construction work where an eexposed to lead and it: 1) establishes an 8 hour permissible exposure limit of 50 g/m3; 2)

exposure assessment in all workplaces where an employee may be exposed to lead; 3) sets wmeasures to minimize lead exposure. Safety and health procedures for the protection of wlead contaminated soils or lead containing paint would be included in the project specific hplan (HSP, described below).

Yellow thermoplastic and/or paint striping would be removed as an independent action angenerated during striping removal would be sampled, if necessary, handled, and disposed owaste.

The contractor(s) would prepare a project-specific HSP for work involving handling soil animpacted by lead, petroleum hydrocarbons, volatile organic compounds (VOCs), and metawould comply with the Safety and Health Program requirements outlined in Title 8 CCR (THazardous Waste Operations and Emergency Response, and worker training requirements5194 Hazard Communication. The HSP would include protocols for environmental and monitoring requirements, personal protective equipment, and other health and safety practprocedures required to minimize worker exposures during work involving soil and groundwlead, petroleum hydrocarbons, VOCs, and metals.

If suspected impacted soil or groundwater is encountered, work would cease and the constor supervisor would contact the County Environmental Health Department to define the emagnitude of the impacted area. If determined that the impacted soil or groundwater posehealth or the environment, the contractor(s), in conjunction with the project engineer and Environmental Health representative, would develop a plan to remove and/or mitigate the

Responsible Person (LRP) shall electronically submit Permit Registration Documents (PRDcommencement of construction activities in the Stormwater Multi- Application Report TraPRD i t f th N ti f I t t Ri k A t P t C t ti C l l ti


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PRDs consist of the Notice of Intent, Risk Assessment, Post-Construction Calculations, a SWPPP, a signed certification statement by the LRP, and the first annual fee. All requiremspecific SWPPP shall be included in construction documents for the project.

Mitigation Measure HYD-2:Project construction would occur during low-flow times to avoid flood-related impacts in t

Mitigation Measure NSE-1:

Implement the following Noise measures during all phases of construction of project comp

The construction contractor would ensure that all general construction related activrestricted to the hours of 7:00 a.m. and 7:00 p.m. on weekdays, and 8:00 a.m. to 7:0

weekends. All internal combustion engines would be equipped with the manufacturer recomm

Internal combustion engines would not be operated on the construction site withomuffler.

The project contractor would place all stationary construction equipment so that emdirected away from noise sensitive receptors nearest the active project site.

To the extent feasible, the construction contractor would locate equipment stagingwould create the greatest possible distance between construction-related noise soursensitive receptors nearest the active project site during all project construction.

Mitigation Measure TR-1:

Prior to the initiation of construction within any public roadway, the City of Lakeport shallencroachment permit from Lake County. As part of the Citys application for an encroachCitys construction contractor shall prepare a Traffic Management Plan to be submitted to coordination and approval. The TMP shall include all topics required of the Citys TMP, inhandling during each stage of construction, maintaining emergency service provider accessproviding alternate routes, repositioning emergency equipment, or coordinating with nearbproviders for coverage during construction closures, pedestrian safety/access, and bicycle component of the TMP would involve public dissemination of construction-related informnotices to the neighborhoods, press releases, and/or the use of changeable message signs. contractor will be required to notify all affected residences and businesses, post the construschedule, and place articles and/or advertisements in appropriate local newspapers regardinimpacts and schedules.

In accordance with California law and the CEQA guidelines any comments or assertions thadditional environmental impacts resulting from the implementation of the water and sewebe supported by substantial evidence and factual data including that they rise to the level oadverse environmental impact.

Department and Agency comments are attached and presented to the City Council for con

It is important to note that the CEQA Guidelines does not require either the Planning Com


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Council to make a specific response to each the comments that have been received, only thbe considered in the decision making process.

This staff report includes a general analysis of the various issues raised in the comment lett

Comment letters were submitted by the following County Departments, LAFCO and State

1. The Central Valley Regional Water Quality Control Board - CVWB2. The State Water Resources Control Board - CWB3. Lake LAFCO - LAFCO4. Lake County Public Works - PW5. Lake County Administrator - CAO6. Lake County Community Development - CDD7. Lake County Special Districts - SD

After receipt and review of the various comment letters the IS/MND has not been recircucomment. Section 15073.5. Of the CEQA Guidelines only requires Recirculation of a NegPrior to Adoption if the document:

must be substantially revised after public notice of its availability has previously beeto Section 15072, but prior to its adoption. Notice of recirculation shall comply witand 15073.

A "substantial revision" of the negative declaration shall mean:

A new, avoidable significant effect is identified and mitigation measures or project added in order to reduce the effect to insignificance, or

The lead agency determines that the proposed mitigation measures or project revisireduce potential effects to less than significance and new measures or revisions mu

Recirculation is not required under the following circumstances:

Mitigation measures are replaced with equal or more effective measures pursuant to New project revisions are added in response to written or verbal comments on the

identified in the proposed negative declaration which are not new avoidable signific

Measures or conditions of project approval are added after circulation of the negatiwhich are not required by CEQA, which do not create new significant environmennot necessary to mitigate an avoidable significant effect.

New information is added to the negative declaration which merely clarifies, amplifinsignificant modifications to the negative declaration.

1. The United States Corps of Engineers is to determine wetland designations and theobtain a Section 404 permit if required.


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2. City is to comply with water quality certification.3. The City and construction contractors will use the California Stormwater Quality A

Handbooks to minimize impacts to wetlands.

4. The City is to comply with the Clean Air Act, as applicable.5. The City is to comply with Farmland Protection Policy, as applicable.6. The City is to comply with Migratory Bird Act, as applicable.7. The City is to comply with Flood Plain Management Act, as applicable.8. The City is to comply with the CVWB Waste Discharge Permit requirements when

is taken out of service for repair.

9. The City is to contact the CVWB Compliance Division prior to sewer pond sludgedewatering and sludge disposal operations.

10.The City is to comply with NPDES permit requirements, as applicable.11.The City is to comply with Industrial Storm water permit requirements, as applicab

These conditions of project approval are being added after circulation of the negative declathey are not necessary to mitigate an avoidable significant effect and are not required by CE

While there are a total of ten (10) separate water and waste water improvement componenlocated throughout the City and unincorporated Lake County, the majority of Departmentcomments were focused on those projects located in the south Lakeport area. Many of thand waste water projects such as the SCADA communication system improvements, the rewater meters, the Highway 29 sewer main conduit improvement, the financing of the wateacquisition received no or minimal attention or comment.

Staff has reviewed the comment letters summarized them and grouped them generally belo

Biological ResourcesRegulatory Issues

The State Water Resources Board and the Central Valley Regional Water Quality Ccomments related to biological and wetland issues. Compliance with Federal and Stthat a certified biologist will be used to check for nesting birds prior to vegetation, prior to nestingMarch 1 or fledglingAugust 31. CWB

US Army Corps of Engineers to determine wetlands, comply with water quality cer404 permit required. CWB, CVWB

Outline the specific Best Management Practices that will be used to minimize impaCWB

Comply with the Clean Air Act. CWB

NPDES water quality permit required. CVWB Industrial Storm water permit required. CVWB


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Dewatering permits are required. CVWBThe IS/MND contains an analysis of the biological impacts associated with the ten water a

projects and does include a mitigation measure concerning the use of a certified biologist aof tree removal and ground-clearing activities prior to the initiation of nesting activity (Mafledging (August 31). There are also additional biological related mitigation measures as werecommended by the two state agencies is recommended for implementation in the projecmitigation conditions.

The construction and implementation of the ten (10) water and waste water improvement to local, State and federal permitting, inspections and compliance procedures. CompliancFederal, State and local laws is required by default.

The application of these additional recommended compliance measures does not materiallyIS/MND document or require recirculation.

Utilities and Service System Issues

Soda Bay Road water loop. CAO, PW, CDD, LAFCO Add County DPW to list of required approvals. CAO, PW The projects are under jurisdiction of the County of Lake..doesnt address confli

County General Plan and Zoning. CAO

The county water study for this area has yet to be completed.there is an obviousshould be acknowledged and discussed. CAO

County Board of Supervisors has authorized a water study and if feasible the Cityslargely unnecessary. SD

IS/MND does not provide enough information to determine costs to their custom Every business that closes hurts the community. SD Not clear which projects benefits the South Lakeport Lands End area and if custo

to pay significant amounts it may cause delinquency rates to increase for. SD

Comment about evaluating the water line as having potentially significant impact. P Seven archeological sites require Ph.III data recovery. Consideration should be giv

plan for the seven archeological sites. PW

The water line is a new use under the zoning ordinance. PW The City Policy of not providing water outside the City limits characterized as misle

d d d b

The Citys Water System Master Plan for the provision of City water in the South Main Strinclude a proposed spur down Soda Bay Road, south of the intersection of South Main andThe initial intent was to include the Soda Bay Road spur in the USDA water and waste wat


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y pHowever a decision was made by the City to eliminate the Soda Bay Road spur from the pr(see revised map).

It is the Citys intent to construct the Parallel Drive/South Main Street water main with noor to serve properties outside of the City limits. The Parallel Drive/South Main Street looinclude the provision of fire hydrants outside of the City limits. Upon the annexation of thproperties that front on the water main property owners will be eligible to connect to the C

The California CEQA Guidelines - Section 15303 Class 3 of the categorical exemptions foconversion of small structures that subsection (c) lists water mains.of reasonable lengtconstruction as being exempt from the provisions of CEQA. The construction of the proDrive/Soda Bay Road water main loop is exempt from the provisions of CEQA.

The County of Lake has approved the existing urban development patterns and growth in Street - Soda Bay Road area. Only in the last several months has there been any movemento study the feasibility of a water system for this area. It is ironic and disingenuous for sevDepartments to be critical of the City plan to extend water services to an area that the Coujurisdiction over, has approved urban growth in, and yet has not required or planned for anwater system to serve this urban growth.

Even though the extension of a water main down the Soda Bay Road corridor will eventua

due to the County's approval of an extensive amount of urban development, the immediatline is a lower priority for City funding and construction as it provides no immediate benefwater system. The intertie of the South Main Street and Parallel Drive water mains is neceoperational, public health and safety perspective. Recirculation of the IS/MND as a resultthe Soda Bay Road water main spur is not necessary as the elimination of this spur is a reduproject scope and environmental impact.

Several County Departments mention the need for the City to obtain an encroachment per

construction of the water main loop. The Lake County Board of Supervisors actually condto discuss this matter and there was significant media coverage. The City views this issue ain nature. The public review of the plans for road construction and installation of utilities sewer lines, power and telephone lines, etc., is understood to be standard operating procedmitigation measure TR-1.

Construction of a water main is not a new land use under the interpretation and applicationOrdinance. New uses in this context apply to new uses of land not the installation of new

Construction of a water main in South Main Street and Parallel Drive does not affect the LGeneral Plan or Zoning designations.

The Lake County study to bring a public water system all the way from Kelseyville to serveLakeport area which has recently been initiated by the Board of Supervisors has not been menvironmental issues associated with this project will need to be addressed by the County o

service levels, the provider at the lowest cost shall normally be preferred. In comparing thadequate but low-cost services, with high-quality, high-cost services, the Commission shall decision based on the facts of the specific situation, compliance with other LAFCO policie


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p p ppreferences of the affected population."

The intertie of the South Main Street and Parallel Drive water mains is a critical element ne

proper design and operation of the City water system and has been planned by the City's enand City Council for well over 20 years. This loop is needed in order to provide for the pusafety, good water quality, and the proper operation and maintenance of water the City waCity intends on proceeding with the construction of this intertie.

The costs for the installation of the looped water system is planned to be financed with USloans or grants.

The City Council has addressed the issue of water and sewer rates and will decide this issue

appropriate forum subject to a Proposition 218 notice/decision process (by the property oCity of Lakeport).

The City of Lakeport as an autonomous unit of local government has defined a water and and has implemented policies for the provision of City utilities and services. The service aprovision of City of Lakeport water is the City Limits. The City of Lakeport like any othermunicipal utilities has a need to have logistical and operational control of its utility system. service area, operational policies and managing the system consistent with the water systemin coordination with the other aspects of City operations like the General Plan and Zoning

government. It is the City's prerogative to define its policy for the operation and managemsystem consistent with its policies for growth and development.

The City has already created the 7-acre parcel of land in the Scotts Valley Road area to be upurposes. The City maintains and operates municipal water production well-heads on the property. The new parcel encompasses the existing wells. The City as a local government from the California Map Act requirements and did file a Record of Survey with the Countyrefinancing of the purchase of the Green ranch well site is proposed.

Archeological issues have been adequately addressed in the ISMND with appropriate mitigproposed.

LAFCO, SOI, Growth Inducement, Economic Development, General Plan, Maps Issues

The City SOI is not valid because LAFCO hasnt updated it. Referenced GC sectiorequires LAFCO approval for extending services outside of City jurisdictional boun

It can be reasonably construed that the City is leveraging the construction of the wapproval of annexation. CAO

If this environmental review avoids analyzing significant environmental impacts duinducing nature of a water main.when will they ever be analyzed? If the City is suapproving this IS/MND as well as the annexation CEQA document, it will have sucircumvented the environmental review process. CAO

SOI and annexation need to update the SOI prior to future annexations. LAFCO Avoid piece-mealing of environmental documents. LAFCO


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LAFCO recommends a discussion regarding the provision of water in south Lakepthat LAFCO will make the decision. LAFCO

LAFCO urges the preparation of one comprehensive document. LAFCO Growth inducement as a result of the construction of the 6500 foot long water ma The projects are under jurisdiction of the County of Lake..doesnt address confli

County General Plan and Zoning. CAO

The comment regarding the validity of the City of Lakeport Sphere of Influence (SOI) is nenvironmental review of the 10 water/waste water projects. There is no evidence presente

interpretation provided by LAFCO, which would confirm the validity of the City SOI. Thethat the current sphere is valid until modified by action of LAFCO.

The comment indicating that it can be reasonably construed that the City is leveraging theapproval of annexation is by its very definition an interpretation of an action. The authorcomments' interpretation of an action cannot be deemed factual in nature since it is an indiview of an issue based on how they perceive it. The City of Lakeport has for many years cannexation and has formally adopted plans for the extension of City water into the south LThis unincorporated urbanized area has historically lacked the full range of urban services.

implementing its General Plan Policies regarding annexation and its long standing Water Mprovide water services within its corporate boundary and in the case of the Parallel Drive/Sloop, addressing the need to intertie two long dead-end water mains together in order to adand health and safety issues.

There were many comments made with respect to the issue of growth inducement, associaSouth Main Street water main component of the project. All of the comments seem to be growth inducement means and opinions as to its significance.

There was no evidence submitted by the commenting Departments or Agencies providing the notion that the mere construction of a closed loop water system that will tie together thwater main with the South Main Street water main will be growth inducing or that it will risubstantial adverse environmental impact.

It is extremely difficult to present facts that support the argument that the construction of water line in an area that is already substantially built out with urban development, will be gto a significant level or that the impact will be substantially adverse.

The significant urban growth in the South Main Street has already occurred. In an annexatmemorandum dated December 6, 2011, to the Lakeport City Council, the County CAO wrremoving the flood prone areas and the portions with extreme slopes near Highway 29, thevacant parcels and three partially developed parcels which are suited for further developmenegative hydrology and water quality impacts and other issues. These five parcels include a

A primary consideration in this issue is that the new water main intertie will be closed loopthrough unincorporated Lake County; no water service will be available to individual propeare within the City limits.


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With respect to the general concept of growth inducement, many factors influence land usdevelopment in a given area including population and economic growth, desirability of spe

costs and availability of developable land, physical and regulatory constraints, transportatiothe costs/availability of urban services and utilities such as sewer and water services. Thesinfluence where, when, and what type of development (growth) may occur.

These factors also influence the policies and decisions associated with land use and growthparticipants in the South Lakeport growth inducement scenario are individual consumers, bdevelopers, and local government. The supply and demand for housing and business propSouth Lakeport land market has produced a pattern of development within this area. Withmarket, consumers and businesses create demand for new buildings and locations, while de

these buildings within the supply and cost constraints of local government. External factolaws may also influence this relationship.

The fact is that there is no impact from and very little potential for growth inducement in tresult of a new water line because the other factors which influence growth inducement medo not come into play in a substantially adverse way. The potential for population and ecothe South Main Street and Parallel Drive area is low at best. But the need for City water is availability of developable land in the area is minimal as much of the most desirable land ha

developed.The Citys General Plan EIR and the Water and Waste Water IS/MND have identified theindirect growth effects that are known, and have made a good faith effort to identify the pgrowth that is reasonably foreseeable. There are no known projects or the potential for prbeing discussed or contemplated that would be spurred on by the installation of the ParalleMain Street water main intertie.

In the ordinary course of business, people involved in land development make judgments b

reasonably foreseeable occurrences.The City has the responsibility to make an informed judgment, and to estimate future growon the factors outlined above, especially if trends are ascertainable or potential developers themselves known.

Reasonably foreseeable events are those that are likely to occur or are probable, rather thanmerely possible. Effects that are possible, but not probable, are excluded from CEQA analexpectation concerning the probability of future growth impacts is based on probability ratspeculation.

The likelihood that the land in the South Main Street/Parallel Drive corridor will be subjecand adverse growth or converted to significantly more intensive uses as a result of the conswater loop is very, very low.

The County of Lake may have in the past circumvented the CEQA environmental review p

City policy has not required property owners to pay for water main construction costs up fminimizes the direct impact on consumers. Payment of water expansion fees, reimbursemconnection fees is required when individual parcels/structures are connected to the system


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Regarding the determination of whether growth creates an impact, Section 15126.2(d) of thGuidelines states that a growth-inducing impact could occur if:

the proposed project could foster economic or population growth, or the construction housing, either directly or indirectly, in the surrounding environment. Included in this are pwould remove obstacles to population growth (a major expansion of a waste water treatmefor example, allow for more construction in the service areas). Increases in the populationcommunity service facilities, requiring construction of new facilities that could cause signifienvironmental effects. Also discuss the characteristics of some projects that may encouragother activities that could significantly affect the environment, either individually or cumulanot be assumed that growth in any area is necessarily beneficial, detrimental, or of little sign

environment.

For argument purposes, if one were to determine that there is a growth induced impact resinstallation of a water main, then the next step in the process is to determine if that impactadverse. The CEQA Guidelines (15000, et seq., California Code of Regulations, 2001) deeffect as:

a substantial, or potentially substantial, adverse change in any of the physical conditionaffected by the project including land, air, water, minerals, flora, fauna, ambient noise, and

historic and aesthetic significance. An economic or social change by itself shall not be consignificant effect on the environment. A social or economic change related to a physical chconsidered in determining whether the physical change is significant (CEQA Guidelines

The CEQA Guidelines further state that an ironclad definition of significant effect is not pthe significance of an activity may vary with the setting. For example, an activity which masignificant in an urban area may be significant in a rural area (CEQA Guidelines 15064, 2G of the CEQA Guidelines describes impacts that the California Resources Agency has denormally considered significant.

These guidelines require that physical changes in the environment be evaluated based on fareasonable assumptions supported by facts, and expert opinion based on fact. It is importCouncil to keep these key points in mind when considering the comments that have been svarious Departments and Agencies.

The City of Lakeport as lead agency is required to recirculate the IS/MND only when the dbeen substantially revised after public notice of its availability has previously been given pu15072, but prior to its adoption.

Notice of recirculation shall comply with Sections 15072 and 15073. A "substantial revisiodeclaration is defined as either a new, avoidable significant effect is identified and mitigatioproject revisions must be added in order to reduce the effect to insignificance, or the lead athat the proposed mitigation measures or project revisions will not reduce potential effects

4. New information is added to the negative declaration which merely clarifies, amplifinsignificant modifications to the negative declaration.

OPTIONS:


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OPTIONS:

See suggested motion.

FISCAL IMPACT:

None $ Account Number: Comments:

SUGGESTED MOTIONS:

Move that the Lakeport City Council find that the implementation of the ten Water and Wprojects using USDA Rural Development grant and loan funding does not have the potentsignificant effect on the environment provided the recommended mitigation measures are

There are no significant, adverse, indirect or cumulative environmental impacts or effects tmitigated by the recommended mitigation measures.

Move that the proposed Mitigated Negative Declaration be approved pursuant to the CalifEnvironmental Quality Act Guidelines based on the findings contained in the Initial Study and subject to the mitigation measures.

The City Council decision on this matter is based on the following:

1.

the information and documentation contained in the INITIAL STUDY/MITIGATNEGATIVE DECLARATION FOR THE CITY OF LAKEPORT WATER ANWASTEWATER PROJECTS dated April 2012 ;

2. the information, facts and documentation contained in and attached to the City Codated 8/21/2012;

3. the information and facts received at the public hearing on August 21, 2012.The construction and implementation of the ten water and waste water projects shall be su

conditions/mitigation measures specified in the staff report and/or as amended at the pub

Attachments: Water and Waste Water Improvement Project MapEnvironmental report - Initial Study/Mitigated Negative DeclarationComment letters from various Lake County Departments, LAFCO aDraft minutes and recommendation from the Planning Commission Notice of Hearing

E B

L V D

HARTLEY

RD

HILLROAD

EAST

City of LakeportWater and Wastewater Improvement Projects

USDA 2012


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SewerMainlineRepairNOTE:

Individual location of

replacement water metersand SCADA System improvements

are not shown.

MARTIN ST

SMAI N

ST

PARALLELDR

S T A T E H W Y 2 9

SIXTH ST

RIGGS RD

SCOTTSVALLEYRD

NHIG

HST

N

MA

INST

H A R T L E Y S T

ELEVENTH ST

HILLRD

KEC

KR

D

TODD RD

NF

ORB

ESS

T

MOUNTVIEW

RD

THIRD ST

L A K E S H O R E

FIFTHST

TWENTIETH ST

FOURTH ST

ARMSTRONG ST

SANDY LN

BOGGS LN

NB

RUSH

ST

FIR