100411 lakeport city council agenda and 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, extended at the discretion of the

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

I. 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 delete items.

Urgency Items: To add item, Council is required to make a majority decision that an urgency ex

(as defined in the Brown Act) and a 2/3rds determination that the need to take

action arose subsequent to the Agenda being posted.

IV. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon byCouncil at one time without any discussion. Any Council Member may request that any item be removed from the

Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Consen

Calendar portion of this 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. Warrants: Approve warrants as listed on Warrant Register dated October 4, 2011.

C. Minutes: Approve minutes of the regular City Council meeting of September 20, 2011.

D. Application No. 2011-19 Approve Application No. 2011-19 for the annual Clear Lake High School

Homecoming Parade on Friday, October 21, 2011, from 3:45 to 4:45 p.m. on Ma

Street from Natural High to Martin Street.

E. Williamson Act Contract Receive and file Notice of Nonrenewal of Williamson Act Contract for CLMSD.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input: Any person may speak for 3 m inutes about any subject within the authority of the City Council, prov ided that thesubject is not already on tonights agenda. Persons wishing to address the City Council are requested to complete

Citizens Input form and submit it to the City Clerk prior to the meeting being called to order. While not required,please state your name and address for the record. NOTE: Per Government Code 54954.3(a), the City Council can

take action or express a consensus of approval or disapproval on any public comments regarding matters which d

appear on the printed agenda.

B. Lake County Friends of Mendocino

College

Information presentation from the Lake County Friends of Mendocino College

(LCFMC) and update on the new Lake Center site.

VI. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any:

VII. ADJOURNMENT: Adjourn

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerks Office

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

to 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 assistance necessary to participatethis meeting. The public should contact the City Clerks Office at (707) 263-5615 to make such a request. Notification 72 hours prior to the meeting will enable the City

make reasonable arrangements to ensure accessibility to this meeting.

____________________________________

Janel M. Chapman, City Clerk

AGENDAREGULAR JOINT MEETING OF THE LAKEPORT CITY COUNCIL

AND THE LAKEPORT REDEVELOPMENT AGENCYTuesday, October 4, 2011

City Council Chambers, 225 Park Street, Lakeport, California 95453
http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/


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MINUTESLAKEPORT CITY COUNCIL AND

LAKEPORT REDEVELOPMENT AGENCY

REGULAR MEETINGSeptember 20, 2011

I. WORKSHOP: Mayor/Chairperson Lyons opened the workshop at 5:00 p.m.

Redevelopment Director Knoll gave an overview of the Phase 2 of the

Downtown Improvement Project. The following members of the public

spoke: George Spurr, Carol Hayes, and Nancy Ruzicka. A motion was mad

by Council/Agency Member Engstrom, seconded by Council/Agency Mem

Mattina, and carried, with Council/Agency Members Parmentier and Rum

absent and Mayor Lyons voting no, that the project include concentrating

Main Street, doing the widened sidewalks, putting in trees with grates,

moving the street lights out, doing the patterned intersections and

crosswalks, and doing the street reconstruction.

II. CALL TO ORDER:

ROLL CALL:

Mayor/Chairperson Lyons called the regular meeting of the City Council of

the City of Lakeport and Lakeport Redevelopment Agency to order at

6:04 p.m. with Council/Agency Members Stacey Mattina, and Tom Engstro

present. Council/Agency Members Roy Parmentier and Robert Rumfelt

were absent.

III. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by George Spurr.

IV. ACCEPTANCE OF AGENDA: A motion was made by Council/Agency Member Engstrom, seconded by

Council/Agency Member Mattina, and carried by voice vote, with Council

Members Parmentier and Rumfelt absent, to accept the agenda as

presented.V. CONSENT AGENDA:

A. Ordinances Waive reading except by title, of any ordinances under consideration at th

meeting for either introduction or passage per Government Code 36934.

B. Warrants Approve warrants as listed on Warrant Register dated September 20, 201

C. Minutes Approve minutes of the regular City Council meeting of August 16, 2011, a

the special meeting of August 30, 2011.

D. Building Permit Report Receive and file Building Permit Report for August, 2011.

E. Application 2011-18 Approve Application No. 2011-18 from Lakeport Elementary School for th

annual Halloween Parade to be held October 28, 2011, from 12:30

1:15 p.m.

Vote on Consent Agenda A motion was made by Council/Agency Member Mattina, seconded by

Council/Agency Member Engstrom, and carried by voice vote, with

Council/Agency Members Parmentier and Rumfelt absent, to approve the

Consent Agenda as posted.

VI. PUBLIC PRESENTATIONS/ REQUESTS:

A. Citizen Input Wilda Shock addressed the Council. She would like to give an update on t

Lake Center of Mendocino College at our next meeting.

B. Thank you Presentations Police Chief Rasmussen thanked the Nice Amateur Radio Club and the Lak

County Amateur Radio Club for their assistance with the Lake County Fair

this year and provided certificates to each club.

C. Lake County TV-8 Joyce Overton, the Mayor of the City of Clearlake and PEG Board Member

gave a presentation regarding the Lake County Television 8 PEG channel.

Joel Moore, the head of market for TV 8 also addressed the Council. Ther

was Council consensus to direct staff to bring back a resolution to support

1 percent pass-through to be paid by cable TV users to support the channe


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Minutes of the Lakeport City Council and Redevelopment Agency Meeting of 09/20/2011 Page

D. KPFZ Radio George Spurr and Steve Elias addressed the Council regarding KPFZ radio

request to hook up equipment to broadcast some of our City Council

meetings. This item will be brought back for discussion at a future meetin

VII. PUBLIC HEARING:

A. Voluntary Alternative

Redevelopment Project Ordinance

A motion was made by Council/Agency Member Mattina, seconded by

Council/Agency Member Engstrom, and carried, with Council/Agency

Members Parmentier and Rumfelt absent, to continue the public hearing

regarding proposed Ordinance determining that the Agency will comply w

the Voluntary Alternative Redevelopment Project pursuant to Part 1.9 ofDivision 24 of the Health and Safety Code, as provided in AB1X27 to the fi

meeting in December 6, 2011, at 6:00 p.m.

VIII. LAKEPORT REDEVELOPMENT AGENCY BUSINESS:

A. Resolutions Authorizing the

Execution of a Conditional

Community Remittance Funding

Agreement

A motion was made by Council/Agency Member Engstrom, seconded by

Council/Agency Member Mattina, and carried, with Council/Agency

Members Parmentier and Rumfelt absent, to adopt resolutions authorizin

the execution of a Conditional Community Remittance Funding Agreemen

IX. COUNCIL BUSINESS:

A. City Engineer:

1. Ordinance EstablishingSpeed Limits Per Speed Zone

Survey

A motion was made by Council/Agency Member Mattina, seconded byCouncil/Agency Member Engstrom, and carried, with Council/Agency

Members Parmentier and Rumfelt absent, to introduce an ordinance

establishing speed limits and set a public hearing to consider adoption

thereof for the October 18, 2011, City Council Meeting.

2. Parking Around City Hall A motion was made by Council/Agency Member Mattina, seconded by


Members Parmentier and Rumfelt absent, to adopt the proposed Resolut

designating Two-Hour Parking Zones in the City of Lakeport.

B. Community Development Director:

1. Contract with CDS A motion was made by Council/Agency Member Engstrom, seconded by

Council/Agency Member Mattina, and carried, with Council/AgencyMembers Parmentier and Rumfelt absent, to approve Community

Development Services for the City Business Loan Program delivery and

general administration of the City Business Loan Program under HCD Gran

09-EDEF-6531 and authorize the City Manager to execute the Consultant

Agreement.

2. Abandoned Vehicle

Abatement Services Authority



Members Parmentier and Rumfelt absent, to approve a Resolution which

will allow the Citys continued participation in the Lake County Abandoned

Vehicle Abatement Service Authority.

C. City Clerk:

1. Delegate VotingLeague of

California Cities Conference



Members Parmentier and Rumfelt absent, to approve direction to the vot

delegate to support all of the resolutions, with the exception of Resolutio

No. 5.


Mayor/Chair Lyons, and carried, with Council/Agency Members Parmentie

and Rumfelt absent and Council/Agency Member Engstrom voting no, to

approve direction to the voting delegate to support Resolution No. 5.


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Minutes of the Lakeport City Council and Redevelopment Agency Meeting of 09/20/2011 Page

X. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports: The City of Lakeport, in conjunction with Mendo-Mill will be coordinating

Disaster Fair to be held October 15.

City Attorney Brookes reported that the towing of the motorhome on the

Witt property is a continuing saga on which he has been working.

City Manager Silveira reported that October 7 will be Employee Appreciat

Day. There will be a lunch at the Yacht Club. Council indicated that they

would be willing to serve the lunch.Council Member Mattina reported that the Police Department put on an

Emergency Plan seminar. The APC has dedicated the funds for the projec

on South Main Street.

Council Member Mattina suggested that we try to decorate some our emp

store fronts for the holidays.

Council Member Engstrom will be gone for three weeks and will miss both

October meetings.

Mayor Lyons reported that the Invasive Species Council did not meet

Monday. CLAS will meet Friday at 9:00 p.m.

XI. CLOSED SESSION: The meeting was adjourned to a closed session at 7:17 p.m. pursuant toGovernment Code 54956.9(b), anticipated litigation (one case).

XII. REPORT FROM CLOSED SESSION: The meeting reconvened to open session at 7:40 p.m. The Mayor reporte

that staff was given direction.

XIII. ADJOURNMENT: Mayor Lyons adjourned the meeting at 7:41 p.m.

ATTEST APPROVED

____________________________________ __________________________

JANEL M. CHAPMAN, City Clerk SUZANNE LYONS, Mayor


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Meeting Date: 10/04/2011 Page 1 Agenda Item #IV.D.

CITY OF LAKEPORTCity Council

Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

STAFF REPORTRE: Nonrenewal of Williamson Act Contract MEETING DATE: 10/04/2011

SUBMITTED BY: Margaret Silveira, City Manager

PURPOSE OF REPORT: Information only Discussion Action Item

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

The City Council/CLMSD Board is being asked to receive and file a Notice of Nonrenewal of a WilliamsonAct Contract for property currently held by the City of Lakeport Municipal Sewer District #1.

BACKGROUND:

The California Land Conservation Act, better known as the Williamson Act, has been the states premieragricultural land protection program since its enactment in 1965 to preserve agricultural and open spacelands by discouraging premature and unnecessary conversion to urban uses. The Act creates anarrangement whereby private landowners contract with counties and cities to voluntarily restrict their landto agricultural and compatible open-space uses. In return, restricted parcels are assessed for property taxpurposes at a rate consistent with their actual use, rather than potential market value.

Only land located within an agricultural preserve is eligible for a Williamson Act contract. Preserves areregulated by rules and restrictions and the land within the preserve is maintained for agricultural or open

space use. An agricultural preserve must consist of no less than 100 acres. However, in order to meet thisrequirement two or more parcels may be combined if they are contiguous, or if they are in commonownership.

Either the local government (in this case the County of Lake) or landowner can initiate a nonrenewalprocess. A "notice of nonrenewal" starts the nine-year nonrenewal period. During the nonrenewal process,the annual tax assessment gradually increases. At the end of the nine-year nonrenewal period, the contractis terminated.

Under a set of specifically defined circumstances, a contract may be cancelled without completing theprocess of term nonrenewal. Contract cancellation, however, involves a comprehensive review andapproval process, and the payment of a fee by the landowner equal to 12.5 percent of the full market value

of the property in question. Local activities such as eminent domain or, in some cases, city annexation alsoresult in the termination of Williamson Act contracts.

DISCUSSION:

The CLMSD currently has two parcels of property that are subject to a Williamson Act Contract (landslocated at 3715 Highway 175 and 1725 Sandy Lane). The contract has expired, and the City has receivednotice that the County does not intend to renew the contracts.

While there is a cost-saving advantage to having property under a Williamson Act contract, there are alsodisadvantages. The main disadvantage is that the landholder has restrictions in how the property can beused during the length of the contract period. Once the landowner has entered into a Williamson Act


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Meeting Date: 10/04/2011 Page 2 Agenda Item #IV.D.

contract, the landowner must continually maintain agricultural use of the property for crop production orgrazing land. Failure to do so could be considered a breach of contract, and the local government may seeka court injunction to enforce the terms of the contract.

The City has received a Notice of Nonrenewal of the Williamson Act Contract. While the City can make awritten protest of the notice of nonrenewal, staff recommends that this not be pursued in order to liftrestrictions on use of the properties.

OPTIONS:

Receive and file Notice with no further action or provide further direction to staff.

FISCAL IMPACT:

None $Unknown at this time Account Number:

Comments: There will be an increase in the property taxes paid over the next nine years.

SUGGESTED MOTIONS:

Move to receive and file the Notice of Nonrenewal of Williamson Act Contract with no further action.

Attachments: Notice of Nonrenewal of Williamson Act Contract


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100411 lakeport city council agenda and packet

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