Any person may sp eak for three (3) minutes on an y agenda item; ho wever, total publi c input per item is not to exceed 15 minu tes, extended at the di scretion of the City Council. This rule does not apply to public hearin gs. 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 exists (as defined in the Brown Act) and a 2/3rds determination that the need to take action arose subsequent to the Agenda being posted. IV. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without any discussion. Any Council Member may request that any item be removed from the Consent Agenda for discussion under the regul ar Agenda. Removed items will be considered following the ConsentCalendar 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 warrant registers from July 19, 2012, July 23, 2012, and August 2, 2012. C. Minutes: Approve minutes of the regular City Council meeting of July 17, 2012. D. Amendment No. 3 to Fire Department Agreement Approve Amendment No. 3 to Agreement for Annexation of the City of Lakeport Fire Department by Lakeport Fire Protection District. V. PUBLIC PRESENTATIONS/REQUESTS: A. Citizen Input: Any person may speak for 3 minutes about any subject wit hin the authority of the City Council, provided that the subject is not already on tonight’s agenda. Persons wishing to address the City Council are required to complete a Citizen’s Input form and submit it to the City Clerk prior to the meeting being called to order. While not required, please state your name and address for the r ecord. NOTE: Per Government Code §54954.3(a), the City Council cannottake action or express a consensus of approval or disapproval on any public comments regarding matters which do notappear on the printed agenda. B. Introduce Summer Intern Introduce Summer Intern Alex Stempe. C. County Health Officer Presentation Presentation by Dr. Karen Tait regarding CDC Survey on emergency preparedness. D. Main Street Association Presentation of the business of the quarter and the business of the year by the Lakeport Main Street Association. VI. PUBLIC HEARINGS: A. Neighborhood Improvement Study Approve the Forbes Creek Neighborhood Improvement Study and direct staff to implement the Study's recommendations as described in the July 17, 2012, City Council staff report subject to funding availability, project-specific CEQA review and future approval by the City Council. B. HOME Investment Partnership Program Application Authorization Resolution Approve the submittal of the HOME I nvestment Partnership Program Application and to adopt the authorizing Resolution. C. Delinquent Utility Approve the utility billing delinquency list and the associated resolution and direct staff to submit the list to the County Auditor-Controller for inclusion on the property tax roll. VII. COUNCIL BUSINESS: A. Public Works Director 1. Rescind Resolution No. 2294 (2007) Rescind Resolution No. 2294 (2007) establishing a sewer system connection policy for CLMSD South. 2. Exemptions from Hiring Freeze Approve exemptions from the hiring freeze for the following positions: Water System Operator 1, and two Maintenance Worker 1 vacancies. AGENDA REGULAR MEETING OF THE LAKEPORT CITY COUNCIL Tuesday, August 7, 2012 City Council Chambers, 225 Park Street, Lakeport, California 95453
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7/31/2019 080712 Lakeport City Council Agenda and Meeting Packet
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 e
(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 b
Council at one time without any discussion. Any Council Member may request that any item be removed from th
Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Conse
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 3693
B. Warrants: Approve warrant registers from July 19, 2012, July 23, 2012, and August 2, 201
C. Minutes: Approve minutes of the regular City Council meeting of July 17, 2012.
D. Amendment No. 3 to
Fire Department Agreement
Approve Amendment No. 3 to Agreement for Annexation of the City of Lakepo
Fire Department by Lakeport Fire Protection District.
V. PUBLIC PRESENTATIONS/REQUESTS:
A. Citizen Input: Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the
subject is not already on tonight’s agenda. Persons wishing to address the City Council are required to complete
Citizen’s Input form and submit it to the City Clerk prior to the meeting being called to order. While not required
please state your name and address for the record. NOTE: Per Government Code §54954.3(a), the City Council c
take action or express a consensus of approval or disapproval on any public comments regarding matters which
appear on the printed agenda.
B. Introduce Summer Intern Introduce Summer Intern Alex Stempe.
C. County Health Officer Presentation Presentation by Dr. Karen Tait regarding CDC Survey on emergency preparedn
D. Main Street Association Presentation of the business of the quarter and the business of the year by the
Lakeport Main Street Association.
VI. PUBLIC HEARINGS:
A. Neighborhood Improvement Study Approve the Forbes Creek Neighborhood Improvement Study and direct staff t
implement the Study's recommendations as described in the July 17, 2012, City
Council staff report subject to funding availability, project-specific CEQA review
and future approval by the City Council.
B. HOME Investment Partnership Program
Application Authorization Resolution
Approve the submittal of the HOME Investment Partnership Program Applicat
and to adopt the authorizing Resolution.
C. Delinquent Utility Approve the utility billing delinquency list and the associated resolution and di
staff to submit the list to the County Auditor-Controller for inclusion on the
property tax roll.
VII. COUNCIL BUSINESS:
A. Public Works Director
1. Rescind Resolution No. 2294 (2007) Rescind Resolution No. 2294 (2007) establishing a sewer system connection po
for CLMSD South.
2. Exemptions from Hiring Freeze Approve exemptions from the hiring freeze for the following positions: Water
System Operator 1, and two Maintenance Worker 1 vacancies.
AGENDAREGULAR MEETING OF THE LAKEPORT CITY COUNCILTuesday, August 7, 2012
City Council Chambers, 225 Park Street, Lakeport, California 95453
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IX. CLOSED SESSION: Pursuant to Government Code Section 54957.6 (Conference with Labor
Negotiators): Employee Groups: Unrepresented Employees; Negotiator: City
Manager
Pursuant to Government Code §54956.9(b), Pending Litigation, one case,
Operating Engineers Local Union No. 3 and Lakeport Police Officers Association
City of Lakeport, Lakeport City Council (Lake County Superior Court Case
No. CV410232).
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 inspection in the City Clerk’s Office at
Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeport’s website, www.cityoflakeport.com, subject to
staff’s ability to post the documents before the meeting.
n compliance with the Americans with Disabilities Act , the City of Lakeport will make available to members of the public any special assistance necessary to participate in
meeting. The public should contact the City Clerk’s Office at (707) 263-5615 to make such a request. Notification 72 hours prior to the meeting will enable the City to ma
reasonable arrangements to ensure accessibility to this meeting.
City CouncilCity of Lakeport Municipal Sewer District
STAFF REPORT
RE: Amendment No. 3 to Agreement for Annexation of the City of Lakeport Fire Department by Lakeport Fire ProtectionDistrict
MEETING DATE: 08/07/2012
SUBMITTED BY: Steven Brookes, City Attorney
PURPOSE OF REPORT: Information only Discussion Action Item
WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:
The City Council is being asked to approve Amendment No. 3 to Agreement for Annexation of the City of Lakeport Fire Department by Lakeport Fire Protection District.
BACKGROUND:
On January 26, 2004, the City entered into an Agreement for Annexation of the City of Lakeport FireDepartment by Lakeport Fire Protection District. That agreement included a clause whereby the City wouldlease to the District use of the City fire station at 445 North Main Street for one dollar ($1.00) annually foran initial term of five years.
DISCUSSION:
Since the initial agreement, there have been two amendments extending the term of this lease. The term is
now expired and should be renewed.
OPTIONS:
Approve Amendment to Agreement or choose not to approve.
FISCAL IMPACT:
None $12.00 Account Number: Comments: Income
SUGGESTED MOTIONS:
Move to approve Amendment No. 3 to Agreement for Annexation of the City of Lakeport FireDepartment by Lakeport Fire Protection District.
Attachments: Amendment No. 3 to Agreement
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RE: Neighborhood Improvement Study MEETING DATE: 08/07/2012
SUBMITTED BY: Andrew Britton, Associate Planner
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 and consider the approval of a Neighborhood Improvement Study that focuses on the area bounded by Martin Street (south), Second Street (north), Highway 29 (west) andForbes Street (east).
The purpose of the study is to evaluate existing conditions within the project area, including housing andinfrastructure conditions. A copy of the study has been provided to the City Council. The study includesan assessment of housing conditions throughout the project area and identifies areas where new infrastructure (storm drainage, street lights, streets and sidewalks, bike lanes, trails, park facilities, etc.) areneeded or suggested.
This matter has been agendized as a Public Hearing which is a required component of the grant funding thatpaid for the study. The purpose of the Public Hearing is to notify the public about the project and for theCouncil's acceptance of the study.
BACKGROUND:
The City of Lakeport applied for and was awarded a Planning and Technical Assistance grant from the StateDepartment of Housing and Community Development in 2010 to develop a Neighborhood ImprovementStudy that focused on targeted income areas in central Lakeport. The study area is shown below:
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The City issued a Request for Proposals for the preparation of the Neighborhood Improvement Study andselected RBF Consulting after reviewing their proposal. RBF has extensive experience preparing this typeof study.
For the purpose of the study, the project area has been identified as the Forbes Creek neighborhood inrecognition of the area's most prominent natural feature.
DISCUSSION:
The Neighborhood Improvement Study includes a description of the Forbes Creek neighborhood including
existing development patterns and details regarding neighborhood demographics. The introduction sectionalso describes the purpose of the study and details the study process and references concerns that wereexpressed during the community outreach activities that took place last fall.
An important component of the study was seeking input from the neighborhood's residents including theirassessment of the general neighborhood conditions and issues of concern. City staff distributed aninformational flyer and brief survey to nearly all residences within the project area. A total of 23 responses were returned and were taken into account by the consultant when preparing the study.
The study includes separate sections devoted to the following issues:
• Drainage
• Streets & Sidewalks• Housing & Private Property
• Safety
• Parks, Trails & Greening
• Resident Engagement & Neighborhood Pride
• Implementation
Each section includes a description of the existing conditions and provides recommendations. The study also includes several informational tables, maps and figures.
As stated in the introduction chapter, the purpose of the study was to analyze the Forbes Creek neighborhood conditions and provide recommendations for “improving the neighborhood while preserving the characteristics that residents value.” Various improvements to the neighborhood’s infrastructure aresuggested including improvements related to streets and sidewalks; storm water drainage; street lighting; andparks/open space and trails. Additional suggestions are provided regarding maintenance of theneig hborhood’s housing and associated private property along with recommendations designed to increasethe level of the residents’ engagement with neighborhood issues and to increase the sense of neighborhoodpride. The final section of the study addresses the challenge of implementing the recommendations andprovides case studies, a detailed implementation matrix, and information regarding potential sources of funding at the Federal, State and local levels.
It is also important to note that this is the first neighborhood study of this nature in Lakeport and it can
provide a basis for developing a better understanding of how the City’s other residential areas can beimproved and maintained.
The study was intended to provide a basis for using Redevelopment funds and/or future Community Development Block Grants (CDBG) to implement the suggested improvements. Unfortunately, the State'selimination of Redevelopment funding significantly limits the City's ability to implement many of the study'srecommendations.
The Planning Commission has reviewed the Neighborhood Improvement Study and believes it is aninformative document which identifies numerous specific issues of concern for the Forbes Creek neighborhood. Some of the issues and problems may be able to be addressed using existing City resourcesand personnel, but many of the more significant issues will require additional funding sources and strategies.
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The implementation section of the study provides examples of how other communities have successfully undertaken neighborhood revitalization efforts and also provides some recommendations regarding potential funding and financing sources.
The Planning Commission recognized that the full list of recommendations outlined in the study will bedifficult to implement given the City's limited resources. With this understanding, the Commission hassuggested that the City Council consider the following recommendations:
Storm Drainage: The study describes existing conditions in the neighborhood and notes that that the area
is subject to flooding and other problems related to inadequate storm drainage facilities.• Provide funding in the FY 2012-2013 (or FY 2013-2014) Public Works budget for a
comprehensive update of the Storm Drainage Master Plan.
• Construct the proposed storm drain system improvements in FY 2012-2013 at the intersectionof Armstrong and South Russell Streets and on Armstrong Street between South Starr andSouth Polk.
These drainage projects are currently under construction and are expected to notably improve the existing drainage conditions.
• Continue the annual stream and drainage swale vegetation removal/maintenance activities. If warranted, consider re-grading certain drainage swales to enhance conveyance capacity.
Right-of-way/Street Improvements: The study includes a thorough discussion of the existing streets andsidewalks in the project area and identifies deficiencies related to the lack of sidewalks and areas with poorstreet surfaces. Various improvements to the neighborhood’s streets and sidewalks are recommended.
Continue to maintain pavement on streets that are in good condition.
Construct the proposed street improvements in FY 2012-2013 on Ruby Drive, Armstrong Streetand Berry Street.
Pursue the installation of curb, gutter and sidewalk at 920 Armstrong Street using existing grantfunds.
This sidewalk project is currently under construction and has been expanded to include new
sidewalk, curb and gutter along several nearby parcels. Funding for this sidewalk improvement project was provided by a CDBG awarded to the City in 2010.
Street Lighting: Section 5 of the study is devoted to safety-related issues and includes a discussionregarding the nighttime lighting conditions in the neighborhood. The report notes that some of the streetsare mostly dark between the street lights which are typically located at street intersections. The Planning Commission offered the following recommendations related to street lighting:
Request the Public Works Department to work with PG&E to conduct a nighttime street lightsurvey to identify non-functional street lights and request repair/replacement where necessary.
Retain the services of a consultant to perform a City-wide street light analysis which will helpdetermine if any existing street lights can be relocated to serve under lit locations in the projectarea.
Criminal Activity/Neighborhood Watch: Criminal activity in the project area is also discussed in Section5 of the study. Staff met with the Chief of Police to discuss the report’s findings and recommendations.Based on input from the Chief, the following recommendations related to criminal activity and safety issues were presented to the Planning Commission who recommended they be forwarded to the City Council:
Establish special police patrols in the neighborhood where there are documented criminalincidents.
Continue to work with neighborhood residents regarding the establishment of a formalneighborhood watch program.
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A neighborhood resident recently hosted a meeting which included representatives from thePolice Department. The establishment of a neighborhood watch program was discussedand, according to the Police Chief, is moving forward.
Distribute copies of the “crime free lease addendum” to owners of rental properties in theproject area and other areas of the City.
Assign Police Department volunteers to tour the project area and investigate and address long-term on street parking violations.
Parks, Trails & Greening: Section 6 of the Neighborhood Improvement Study focuses on opportunitiesfor additional parks, trails and other “urban greening” improvements. One of the notable recommendationsis the establishment of the “Forbes Creek Neighborhood Park” that would use the portion of unused FirstStreet right-of-way between Lakeview and Polk Streets. Although it is unclear what type of improvementsor amenities would be provided if a park was established at this location, the concept of developing a futurepark is supported by staff and the Planning Commission. The Commission recommended that the City Council direct staff to pursue the potential development of a new neighborhood park using the unused FirstStreet right-of-way between Lakeview and Polk Streets.
Housing & Private Property/Resident Engagement & Neighborhood Pride: These issues arediscussed in Sections 4 and 7 of the study, respectfully. In Section 7 it is noted that property upkeep is“another important source of neighborhood identity—positive or negative.” Section 4 describes existing conditions in the neighborhood including housing conditions and yard maintenance issues. Although thestudy notes that there are specific properties in the project area that appear neglected and dilapidated, it isalso stated that “the neighborhood has a strong core where homes and yards are well maintained.”
As described in Section 4, the City’s code enforcement activities can play an important role in helping improve certain aspects of property upkeep. Code enforcement staff responds to complaints regarding theoutdoor accumulation of trash, junk, nuisance vehicles and other related nuisance conditions. Dilapidatedand/or abandoned structures are also dealt with.
The Planning Commission believes that code enforcement is a high priority for the City and that it shouldbe supported with adequate staff and resources. The Commission forwarded the following recommendations to the City Council:
Enhance the code enforcement activities in the project area including a more pro-activeapproach to existing nuisance conditions.
Distribute information to both residents and property owners in the project area regarding theCity’s housing rehabilitation program. Hand-deliver the information to homes which are inobvious need of rehabilitation.
Consider distribution of a letter to residents of the project area which describes some of thefindings of the Neighborhood Improvement Study and requests their cooperation regarding general property maintenance issues.
Staff is requesting that the City Council read the Neighborhood Improvement Study and provide comments
and recommendations regarding the implementation of the recommendations contained therein. Approvalof the study is also requested.
OPTIONS:
1. Approve the Forbes Creek Neighborhood Improvement Study and direct staff to pursueimplementation of the recommendations discussed in this staff report.
2. Continue the review and consideration of the Forbes Creek Neighborhood Improvement Study.
FISCAL IMPACT:
None $ Account Number:
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City CouncilCity of Lakeport Municipal Sewer District
STAFF REPORT
RE: HOME Grant Application for First-Time Homebuyer andOwner-occupied Housing Rehabilitation Programs
MEETING DATE: 08/07/2012
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 City Council is being asked to consider and adopt a resolution to approve an application for a HOMEgrant to fund a first-time homebuyer program and an owner-occupied housing rehabilitation program.
BACKGROUND:
The California Department of Housing and Community Development (HCD) has issued the 2012 Noticeof Funding Availability for the HOME Investment Partnership Program (HOME). City housing staff is writing the grant application for funding of up to $700,000 for capitalization of a first-time homebuyerprogram and a housing rehabilitation program. It appears that the City will score more points for anapplication for owner-occupied rehabilitation than it will for first-time homebuyers program. Therefore, themajority of the funds ($500,000) are being requested for owner-occupied rehabilitation, and the remaining funds ($200,000) for the first-time homebuyer program.
DISCUSSION:
The Notice of Funding Availability (NOFA) for the HOME Investment Partnerships Program (HOME)makes a minimum of $12 million available statewide for rental projects, homebuyer projects, owner-occupied rehabilitation project, and program activities. The sources of funds for this NOFA are the FederalFiscal Year (FFY) 2012 HOME allocation, as well as disencumbered funds from previous contracts.
The application deadline is August 17, 2012.
HOME funds are made available pursuant to Title II of the Cranston-Gonzalez National AffordableHousing Act of 1990, and are available to eligible local governments (State Recipients) and nonprofitorganizations certified with the Department as Community Housing Development Organizations(CHDOs).
All applicants under the NOFA are responsible for administering and completing the HOME activity,including ensuring compliance with federal overlay and administrative requirements. This responsibility includes: implementing the project or program activity as proposed in the application (or as proposed in theDepartment’s Loan and Grant Committee Staff Report for rental projects), included as part of the Standard Agreement, compliance with reporting requirements; managing fund disbursement and accounting;preparing work specifications; loan processing; conducting inspections; and ensuring that all HOMErequirements are met for the entire affordability period.
HOME funds may be used for the following activities:
• New Construction with or without acquisition.
• Rental Rehabilitation with or without acquisition.
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• First-Time Homebuyers Program (FTHB): New construction or acquisition/rehabilitation/ conversionto develop a specified number of units on a specified site or sites to be sold to first-time homebuyers. The entire HOME investment must be converted to mortgage assistance for the first-time homebuyers when the units are sold to eligible homebuyers.
• FTHB - funds can be used for downpayment assistance and up to $10,000 in rehabilitation assistanceper dwelling, or for infill new construction of up to four dwellings on each vacant site.
HCD intends to send conditional reservation (“award”) letters to successful applicants by December 2012. These letters may specify conditions to be met prior to execution of the Standard Agreement. TheDepartment intends to issue state HOME Standard Agreements in February 2012 to State Recipients thathave demonstrated compliance with the requirements, if any, in the conditional reservation letter.
Points of Consideration:
The grant, if awarded, will have a positive impact on housing activities in the City by providing funds forfirst-time homebuyers and upgrading substandard housing through owner occupied rehabilitation loans.
Housing staff has been administering HOME housing projects for over four years, and the programs havebeen very successful. (CDBG and Redevelopment housing projects have been administered for a numberof years.) The most recently awarded HOME grant (2009) expired earlier this year with approximately $200,000 disencumbered. The 2009 HOME grant provided funding for five first-time homebuyers and sixowner-occupied housing rehabilitation projects. If the City does not apply for this round of HOMEfunding, there will not be funding available for first-time homebuyers or HOME owner-occupiedrehabilitation projects. Home prices and mortgage rates are currently low, and this is a very good time to beable to purchase reasonably-priced homes for low income applicants.
The City housing staff is currently administering the 2010 CDBG housing grant, which will expire in June2013. The 2012 HOME funds, if awarded, will allow the City to continue providing housing assistance toqualified Lakeport residents.
OPTIONS:
Adopt the proposed resolution or provide further direction to staff.
FISCAL IMPACT:
None $ Account Number: Comments:
SUGGESTED MOTIONS:
Move to approve the submittal of the HOME Investment Partnership Program Application and to adoptthe authorizing Resolution.
Attachments: Proposed Resolution
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR
FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; ANDIF SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY
AMENDMENTS THERETO, AND OF ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM
WHEREAS, the California Department of Housing and Community Development (the“Department”) is authorized to allocate HOME Investment Partnerships Program (“HOME”)funds made available from the U.S. Department of Housing and Urban Development (“HUD”).HOME funds are to be used for the purposes set forth in Title II of the Cranston-GonzalezNational Affordable Housing Act of 1990, in federal implementing regulations set forth in Title 24
of the Code of Federal Regulations, part 92, and in Title 25 of the California Code of Regulationscommencing with section 8200; and
WHEREAS, on June 1, 2012 the Department issued a 2012 Notice of Funding Availability announcing the availability of funds under the HOME program (the “NOFA”); and
WHEREAS, In response to the 2012 NOFA, the City of Lakeport, a MunicipalCorporation of the State of California, nonprofit corporation] (the “Applicant”), wishes to apply tothe Department for, and receive an allocation of, HOME funds.
IT IS NOW THEREFORE RESOLVED THAT:
1. In response to the 2012 NOFA, the Applicant shall submit an application to the Departmentto participate in the HOME program and for an allocation of funds not to exceed Seven Hundred Thousand Dollars ($700,000) for the following activities and/or programs:
A First Time Homebuyers Program With Rehabilitation in the amount of $200,000to provide low interest loans to very low and low income families that will allow them to purchase homes in the City of Lakeport; and an Owner Occupied Housing Rehabilitation Program in the amount of $500,000 to provide low interest loans to very low and low income families who are Lakeport homeowners that will allow them to make health, safety, and code repairs to their properties.
2. If the application for funding is approved, then the Applicant hereby agrees to use theHOME funds for eligible activities in the manner presented in its application as approved by theDepartment in accordance with the statutes and regulations cited above. The Applicant may alsoexecute a standard agreement, any amendments thereto, and any and all other documents orinstruments necessary or required by the Department or HUD for participation in the HOMEprogram (collectively, the required documents).
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3. The applicant authorizes Community Development Director or his designee(s) to execute, inthe name of the applicant, the required documents.
PASSED AND ADOPTED by the City Council of the City of Lakeport, County of Lake,State of California on this 7th day of August, 2012, by the following vote:
AYES:NOES: ABSENT: ABSTAINING:
____________________________________ STACEY MATTINA, Mayor
ATTEST:
____________________________________
JANEL M. CHAPMAN, City Clerk
The undersigned, Janel Chapman, City Clerk of the applicant does hereby attest and certify that theforegoing is a true and full copy of a resolution of the governing board of the applicant passed andadopted at a duly convened meeting on the date set forth above, and said resolution has not beenaltered, amended, or repealed.
___________________________________ ___________________________ Signature Date
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Lakeport Redevelopment Successor AgencyCity of Lakeport Municipal Sewer District
STAFF REPORTRE: Review and Approve Resolution Identifying Delinquent Utility
Accounts to the County Auditor-Controller for Inclusion onProperty Tax Role
MEETING DATE: 08/07/2012
SUBMITTED BY: Daniel Buffalo, Finance Director
PURPOSE OF REPORT: Information only Discussion Action Item
WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD:
The Council is being asked to approve a proposed resolution identifying delinquent utility accounts andsubmission of the list to the Lake County Auditor-Controller for inclusion on the property tax role.
BACKGROUND:
The accounts included herein have been identified by the Finance Department as delinquent as of July 31,2012. The Delinquent Utilities Charge Report attached to the resolution details these accounts. In order tocollect on these accounts, the City is required to notify the delinquent account holders and give them anopportunity to bring their account current.
Utility bills and delinquency notices are mailed monthly. Final notices to delinquent accounts, as of June 30,2012, were sent to property owners on July 31, 2012.
These accounts will be updated as payments are received prior to Council's review on August 7, 2012. Theremaining accounts will be sent to the Auditor-Controller.
DISCUSSION:
Government Code sections 25831 and 38790.1; California Health and Safety Code sections 5473 et seq; andChapters 3.20 and 13.12 of the Lakeport Municipal Code authorize the City to have the delinquent chargescollected by means of inclusion on the property tax role by Lake County. A requirement of doing so isCouncil's approval of a resolution identifying the accounts in question and confirming their delinquency.Outstanding delinquent accounts in the amount of $25,197.00 will be collected for utility services.
OPTIONS:Confirm the list of delinquent utility accounts and approve the proposed resolution or do not approve butprovide direction to staff.
FISCAL IMPACT:
None $25,197.00
Account Number: 110-0000-770.715, 501-0000-770.702 and 601-0000-770.706
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Motion to approve the utility billing delinquency list and the associated resolution and direct staff to submitthe list to the County Auditor-Controller for inclusion on the property tax roll.
Attachments: Proposed resolution with Exhibit A: Delinquent Utility Account List
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFLAKEPORT AND THE CITY OF LAKEPORT MUNICIPAL SEWER
DISTRICT APPROVING AND CONFIRMING THE REPORT OF
DELINQUENT UTILITIES CHARGES AND REQUESTING LAKECOUNTY TO COLLECT SUCH CHARGES ON THE TAX ROLL
WHEREAS, the City of Lakeport (the “City”) and the City of Lakeport Municipal Sewer District(“CLMSD”) provides certain solid waste, water, and sewer services to its residents and occupants; and
WHEREAS, Government Code sections 25831 and 38790.1, California Health and Safety Code sections5473 et seq. and Chapters 3.20 and 13.12 of the Lakeport Municipal Code authorize the City and CLMSD to havethe delinquent charges for the above services (the “Charges”) collected on the tax roll by Lake County on therelevant parcels; and
WHEREAS, City staff has prepared a Delinquent Utilities Charge Report (the “Report”), attachedhereto as Exhibit A, identifying the delinquent charges by Assessor’s Parcel Number; and
WHEREAS, a hearing was held on August 7, 2012, at which the City Council and CLMSD Boardreviewed and considered the Report and any protests related thereto, with prior notice of the hearing being provided as required by law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeport andBoard of Director of the City of Lakeport Municipal Sewer District:
1. Findings. In reviewing and considering the delinquent Charges and the Report, the City Council hereby makes the following findings:
a. Notice of the public hearing before the City Council was mailed to each affectedproperty owners at addresses as shown on the latest equalized assessment roll or as known to the City;
b. Notice of the public hearing before the City Council included the date, time, andplace of the public hearing, the identity of the hearing body, and a general explanation of the matter to beconsidered; and
c. Upon considering all objections and protests received at the time of the hearing onthis matter, the City Council finds that protest by owners of a majority of the parcels of property described inthe Report does not exist.
2. Confirming the Report. The City Council hereby approves, confirms, and adopts theReport, as directed and attached hereto as Exhibit A and incorporated herein by reference, and determinesthat the Charges are proper and correct. The City Council directs the Finance Director to make any amendments to the Report as were directed by the City Council and as necessary to remove parcels from theReport for which payment has been made before transfer of the amounts to Lake County for collection onthe tax roll, subject to the same penalties, procedure, and sale in case of delinquency as provided for thosetaxes.
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3. Authorization. The City Council hereby authorizes and directs the City Clerk to deliver acertified copy of the finalized Report to the Lake County Auditor-Controller Division and to submit acertified copy of this Resolution and Report to the County Recorder for recordation.
4. Services of Lake County. The office of the Lake County Auditor-Controller Division isrequested for the placement of the Charges on the Annual Secured property tax roll with the Ad Valorem
taxes.
5. General Authorization. The City Manager, City Finance Director, City Clerk, City Attorney,and the other officers and agents of the City are hereby authorized and directed, individually and collectively,to do any and all things and to execute, deliver, and perform any and all agreements and documents that they deem necessary or advisable in order to effectuate the purposed of this Resolution. All actions heretoforetaken by the officers and agents of the City that are in conformity with the purposes and intent of thisResolution are hereby ratified, confirmed, and approved in all respects.
6. Effective Date. This resolution shall take effect immediately upon its passage.
The foregoing Resolution was passed and adopted at a regular joint meeting of the City Council and
CLMSD Board of Directors on the 7th day of August, 2012, by the following vote:
AYES:NOES:
ABSTAINING: ABSENT:
____________________________________ STACEY MATTINA, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ____________________________________ JANEL M. CHAPMAN, City Clerk STEVEN J. BROOKES, City Attorney
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RE: Rescission of Resolution No. 2294 (2007) MEETING DATE: 08/07/2012
SUBMITTED BY: Mark Brannigan, Public Works Director
PURPOSE OF REPORT: Information only Discussion Action Item
WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD:
The City of Lakeport Municipal Sewer District Board is being asked to rescind Resolution No. 2294 (2007).
BACKGROUND:
Resolution No. 2294 (2007) was passed on April 3, 2007, in anticipation of the Cease and Desist Order(CDO) that was issued by the California Regional Water Quality Control Board (RWQCB) on March 15,2007. The CDO reduced the City’s capacity for sewer connections to 77 Residential Unit Equivalents(RUE) for which the Resolution established a sewer system connection policy on how the remaining connections would be served. The policy allocated the 77 sewer connections on a pro-rated monthly basison a first-come first-served basis subject to submittal and issuance of a building permit.
On March 30, 2012, the RWQCB adopted new Waste Discharge Requirements (WDR/Permit) whichincreased the Waste Water Treatment Facility Average Dry Weather Flow capacity from 0.42 million gallonsper day set in the CDO to 0.55 million gallons per day set in the new WDR. The planned rescission of Cease and Desist Order R5-2007-0010 is scheduled at the August Board meeting.
DISCUSSION:
The CLMSD Board, Community Development Department, and Public Works Department, are proactivein ensuring that responsible growth and adequate treatment capacity is maintained for the health and safety of its citizens and community. Resolution No. 2294 (2007) is an example of this where a policy throughResolution was adopted to provide clear direction on how remaining capacity will be managed. With a new WDR (permit) issued and the CDO rescinded, Resolution No. 2294 (2007) is no longer needed.
OPTIONS:
Rescind Resolution No. 2294 (2007) or choose not to rescind Resolution No. 2294 (2007) and providedirection to staff.
FISCAL IMPACT:
None $ Account Number: Comments:
SUGGESTED MOTIONS:
Move to rescind Resolution No. 2294 (2007) establishing a sewer system connection policy for CLMSDSouth.
Attachments: Resolution No. 2294 (2007)
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SUBMITTED BY: Mark Brannigan, Public Works Director
PURPOSE OF REPORT: Information only Discussion Action Item
WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD:
The City Council is being asked to approve exemptions from the hiring freeze for the following positions: Water Systems Operator 1 and two Maintenance Worker 1 positions.
BACKGROUND:
Due to Council action, all current positions when vacated must have Council approval for exemption fromthe hiring freeze to refill these positions.
DISCUSSION:
Water Systems Operator 1: On December 27, 2011, a probationary employee was released fromemployment and the position was filled on a temporary basis pending the reorganization that took place atthe beginning of this fiscal year. This position is needed for the operation and maintenance of City watersystems used to produce safe reliable water in adequate quantities. Staff is requesting that the City Council
lift the hiring freeze so recruitment can begin and the position permanently filled. This position wasincluded in the current 2012/2013 budget.
Maintenance Worker 1: The Public Works Department has two vacant Maintenance Worker 1 positions which have been budgeted. Staff is requesting that the City Council lift the hiring freeze so recruitment canbegin. The City Manager and Public Works Director worked together to reduce costs needed to balance the2012/2013 budget while identifying priority services for which identified human resources are needed. These positions come from a resignation of a Maintenance Worker 1 employee that was received on July 16,2012, and a frozen position carried over from the 2011/2012 budget.
OPTIONS:
Exempt positions from hiring freeze or deny exemption.