2014 02 18 Council Packet 2142014124348AM

AGENDA
REGULAR MEETING OF THE LAKEPORT CITY COUNCIL

Tuesday, February 18, 2013 City Council Chambers, 225 Park Street, Lakeport, California 95453
Any person may speak for three (3) minutes on any agenda item; however, total public input per item is not to exceed 15 minutes, extended at the discretion of the City Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.
CLOSED SESSION:
CLOSED SESSION TO START AT 5:30 p.m. Closed session pursuant to Government Code 54957.6 (Conference with Labor Negotiator); Negotiator: City Manager Silveira and Administrative Services Director Buendia; Employee Organization: All units
REPORT OUT OF CLOSED SESSION: I. II. III. CALL TO ORDER & ROLL CALL: PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA: Urgency Items: Move to accept agenda as posted, or move to add or delete items. To add item, Council is required to make a majority decision that an urgency exists (as defined in the Brown Act) and a 2/3rds determination that the need to take action arose subsequent to the Agenda being posted.
The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without any discussion. Any Council Member may request that any item be removed from the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Consent Calendar portion of this agenda.
6:00 p.m.
IV.
CONSENT AGENDA:
A. B. C. D. V.
Ordinances: Warrants: Minutes: Application No. 2014-004
Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934. Approve warrant registers from February 5, 2014. Approve minutes of the regular City Council meeting of February 4, 2014. Approve Application No. 2014-004 for the Clear Lake Performing Arts for their Home Wine and Beer Makers Festival to be held in Library Park on June 21, 2014.
PUBLIC PRESENTATIONS/REQUESTS: A. Citizen Input:

Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the subject is not already on tonights agenda. Persons wishing to address the City Council are required to compl ete a Citizens Input form and submit it to the City Clerk prior to the meeting being called to order. While not required, please state your name and address for the record. NOTE: Per Government Code 54954.3(a), the City Council cannot take action or express a consensus of approval or disapproval on any public comments regarding matters which do not appear on the printed agenda.
VI.
PUBLIC HEARING: A. Density Bonus Ordinance Conduct a public hearing and adopt an Ordinance adding Chapter 17.39 to the Lakeport Municipal Code related to the establishment of density bonuses and other affordable housing incentives.
VII.
COUNCIL BUSINESS: A. City Manager 1. Carnegie Library Consultant Selection Recommendation Authorize City staff to negotiate a professional services contract and scope of work with Garavaglia Architects, Inc., for the City of Lakeport and to prepare a feasibility study for determination of the highest and best uses of the historic Lakeport Carnegie Library and authorize the City Manager to sign the contract and documents pertaining to this project. The contract amount shall not exceed $10,000.
City Council Agenda of February 18, 2014
Page 2
B.
Planning Services Manager 1. Professional Services Agreement and Developer Reimbursement Agreement/Safeway Fuel Center Project 2. Housing Program Inspector Contract Approve the Professional Services Agreement and the Development Reimbursement Agreement as described in the staff report and authorize the City Manager to sign both agreements on behalf of the City of Lakeport. Approve the contract between the City of Lakeport and Robert Fogelstrom, and authorize the City Manager to execute the contract.
C.
Finance Director 1. AB 1600 Report 2. Total Compensation Systems Contract Adopt a resolution to reaffirm the necessity of AB 1600 development impact fees. Approve Professional Services Agreement with Total Compensation, Inc., for actuarial services and authorize the City Manager to execute the Agreement.
D.
Administrative Services Director 1. Agreement for CalOSHA Compliance Services Authorize the City Manager to enter into a Professional Services Agreement with Utility Safety Services in accordance with the Proposal dated January 31, 2014.
VIII.
CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports, if any: Adjourn
IX.
ADJOURNMENT:
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerks Office at 225 Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeports website, www.cityoflakeport.com, subject to staffs ability to post the documents before the meeting. The City of Lakeport, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerks Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonable accommodations are provided.
_______________________________________ Janel M. Chapman, City Clerk
MINUTES
LAKEPORT CITY COUNCIL REGULAR MEETING
Tuesday, February 4, 2013
CLOSED SESSION: At 5:30 p.m. the meeting was called to order and adjourned to a closed session for a conference with Legal Counsel; Existing Litigation (Government Code 54956.9(d)(1)) for the following two items: 1. Name of Case: Smith et al. v. Chapman, et al. (Lake County Superior Court Case No.: CV-413591); Names of Parties: Petitioners: Kerry Smith and Lake County Mobilehome Park Owners Association; Respondents: Janel Chapman, City Clerk of the City of Lakeport, Diane Fridley, Registrar of Voters of the County of Lake, and Does 1 10; Real Party in Interest: Nelson Strasser. 2. Name of Case: City of Lakeport v. County of Lake, et al. (Mendocino County Superior Court Case No. SCUK CGD-1362378) Names of Parties: Plaintiff: City of Lakeport; Defendants: County of Lake, Office of the Sheriff for the County of Lake, Sheriff Francisco Rivero. REPORT OUT OF CLOSED SESSION: I. CALL TO ORDER: ROLL CALL: PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA: The meeting was reconvened to open session at 6:03 p.m., and the Mayor informed the public that there was no reportable action taken in closed session. Mayor Parlet called the regular meeting of the City Council of the City of Lakeport to order at 6:03 p.m. with Council Members Tom Engstrom, Stacey Mattina, Marc Spillman, and Martin Scheel present. The Pledge of Allegiance was led by City Engineer Harter. A motion was made by Council Member Engstrom, seconded by Council Member Mattina, and unanimously carried by voice vote to accept the agenda as presented.
II. III.
IV.
CONSENT AGENDA: A. B. C. D. E. Ordinances Minutes Warrants Application 2014-002 Application 2014-003 Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code 36934. Approve minutes of the regular City Council meeting of January 21, 2014, and the Special Meeting of January 23, 2014. Approve warrants as listed on Warrant Register dated January 22, 2014. Approve Application No. 2014-002 submitted by the Corvettes of Lake County for the Corvette Car Show on May 25, 2014. Approve Application No. 2014-003 submitted by the Rotary Club of Lakeport for the 2014 Konocti Challenge bicycle event. A motion was made by Council Member Spillman, seconded by Council Member Scheel, and unanimously carried by voice vote to approve the Consent Agenda as posted.
Vote on Consent Agenda
V.
PUBLIC PRESENTATIONS/ REQUESTS: A. Citizen Input There was no citizen input.
VI.
COUNCIL BUSINESS: A. City Clerk 1. Appointment to LEDAC A motion was made by Council Member Spillman, seconded by Council Member Mattina, and unanimously carried by voice vote to appoint Pam Harpster to the Lakeport Economic Development Committee effective February 4, 2014, and expiring at the end of 2015.
Minutes of the Lakeport City Council Meeting of 02/04/2014
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2. Appointment to Parks and Recreation Commission
A motion was made by Council Member Mattina, seconded by Council Member Engstrom, and unanimously carried by voice vote to appoint Suzanne Lyons to the Parks and Recreation Commission effective February 4, 2014, and expiring at the end of 2014.
B.
Finance Director 1. Mid-Year Budget Review A mid-year budget report was presented by Finance Manager Buffalo. A motion was made by Council Member Engstrom, seconded by Council Member Mattina, and unanimously carried by voice vote to approve the budget amendment as recommended by staff.
VIII.
CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports: Council Member Mattina expressed congratulations to Clear Lake High School for winning the Academic Decathlon and the seventh grade boys for winning a basketball tournament. Council Member Scheel reported that he and Council Member Mattina will be attending the APC meeting in Lakeport next week. He is also planning to attend the grand opening for new Zumba business. He indicated that applications for Indian gaming funds will be going out. Council Member Spillman reported that he is planning to start attending senior center board meetings. Administrative Services Director Buendia reported that we had only one workers comp claim in 2013. Mayor Parlet reported that he attended the chamber retreat. He also met with Paula about economic development activities.
XI. ATTEST
ADJOURNMENT:
Mayor Parlet adjourned the meeting at 7:02 p.m. APPROVED
____________________________________ JANEL M. CHAPMAN, City Clerk
___________________________________________ KENNETH PARTLET, III, Mayor
From: To: Subject: Date:
Lori Price Janel Chapman RE: Application 2014-004 - Home Wine & Beer Makers Festival Wednesday, January 29, 2014 2:46:55 PM
Hi Hilary, I have reviewed this permit and it does not appear that it will impact County roads does sound like a lot of fun tho Thank you for opportunity to comment on this event. Sincerely, Lori Price Secretary III Lake County Department of Public Works 255 N. Forbes Street, Rm 309 Lakeport, CA 95453 (707) 263-2341 lorip@co.lake.ca.us
From: Janel Chapman [mailto:jchapman@cityoflakeport.com] Sent: Wednesday, January 29, 2014 2:34 PM To: Barbara Loveless; Cheryl Bennett; Cynthia Ader; Dale Stoebe; Doug Grider; Ellen Dills; Executive Management; Jason Ferguson; Jim Kennedy; Kevin Odom; Linda Sobieraj; Lori Price; Pheakdey Preciado Subject: Application 2014-004 - Home Wine & Beer Makers Festival
Please find attached application 2014-004 submitted by the Clearlake Performing Arts for the Home Wine & Beer Festival to be held June 21, 2014 in Library Park. I would like to put this on the 2/18/2014 City Council agenda, so please have your comments to me by 2/10/2014. Please note that the application has been updated with fields to indicate whether vendors and/or food booths will be present, as well as notification procedure when street closures are requested. Thank you, Hilary Britton On behalf of:
Janel Chapman, City Clerk City of Lakeport 225 Park Street Lakeport, CA 95453
County of Lake, Health Dept.
CITY OF LAKEPORT
City Council Lakeport Redevelopment Agency City of Lakeport Municipal Sewer District
STAFF REPORT
RE: Second Reading and Adoption of an Ordinance adding Chapter 17.39 to the Lakeport Municipal Code SUBMITTED BY: Andrew Britton, Planning Services Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 02/18/2014
WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council is asked to: 1.) Adopt the proposed Ordinance, which will add Chapter 17.39 to the Lakeport Municipal Code pertaining to density bonuses and other development incentives for affordable housing projects in accordance with State law; and 2.) Hold a public hearing for the second reading and adoption of the Ordinance. BACKGROUND: The proposed Ordinance was first introduced to the City Council at a public meeting on January 21, 2014. The City Council did not recommend any revisions to the proposed Ordinance. Staff was directed to schedule a public hearing and second reading of the Ordinance for the February 18, 2014 City Council meeting. The January 21, 2014 Staff Report to the Council is attached to this report (Exhibit 1) and provides detailed background information and discussion regarding the proposed Ordinance. DISCUSSION: The proposed Ordinance is also attached to this report (Exhibit 2) and is the same document that was introduced to the City Council in January. OPTIONS: 1. Approve and adopt the Ordinance that will add Chapter 17.39 to the Lakeport Municipal Code and establish regulations related to density bonuses and other affordable housing incentives consistent with State law. 2. Do not approve but provide direction to staff. FISCAL IMPACT: None $ Account Number: Comments: No significant fiscal impacts are anticipated as a result of the proposed modifications to the Municipal Code. Typical expenses related to the ordinance publication and codification will be incurred.
Meeting Date: 02/18/2014
Page 1
Agenda Item #VI.A.
SUGGESTED MOTION: Move that the City Council adopt the Ordinance adding Chapter 17.39 to the Lakeport Municipal Code related to the establishment of density bonuses and other affordable housing incentives.
Attachments:
Exhibit 1: City Council Staff Report (January 21, 2014) Exhibit 2: Proposed Ordinance
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Agenda Item #VI.A.
Exhibit 1
CITY OF LAKEPORT
STAFF REPORT
RE: Introduction of an Ordinance to amend Title 17 of the Lakeport Municipal Code to establish provisions for implementing density bonuses and affordable housing incentives in accordance with State law. SUBMITTED BY: Andrew Britton, Planning Services Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 01/21/2014
WHAT IS BEING ASKED OF THE CITY COUNCIL: The City Council is asked to: 1.) Introduce the proposed Ordinance, which will add Chapter 17.39 to the Citys Municipal Code; 2.) Set a public hearing date for second reading and adoption of the Ordinance. BACKGROUND: In December 2013 the Lakeport Planning Commission conducted a public hearing regarding the adoption of an ordinance that would modify the Citys Zoning Ordinance (Title 17, Lakeport Municipal Code) to provide density bonuses and other development incentives for affordable housing projects in accordance with State law. The Planning Commission recommended adoption of the proposed ordinance to the City Council without any modifications. A Planning Commission Minute Order is attached for your review (Exhibit 1). Please refer to the attached staff report to the Planning Commission (Exhibit 2) which provides additional background and discussion regarding the proposed ordinance, including existing State density bonus law and existing General Plan (Housing Element) policies/programs that call for the adoption of a local density bonus ordinance. The proposed ordinance is also attached (Exhibit 3). The States density bonus law is codified in California Government Code Sections 65915 through 65918 (Exhibit 4). Government Code Section 65915(a) states that all cities.shall adopt an ordinance that specifies how compliance with this section will be implemented. DISCUSSION: As noted in the discussion section of the Planning Commission staff report, State law requires the City to adopt an updated housing element approved by the California Department of Housing and Community Development (HCD) by June 30, 2014. To allow for quicker and more efficient review of draft Housing Elements, HCD is offering a new streamlined review process to qualifying cities. To qualify for the streamlined review, a city must have implemented certain programs and adopted certain ordinances related to State housing laws. One of the requirements for the streamlined review is the adoption of a density bonus ordinance. State law requires all cities to adopt an ordinance to locally implement the requirements of the density bonus law, but further states that all cities are required to grant density bonuses and incentives as provided under
Meeting Date: 1/21/2014 Page 1 Agenda Item #IV.A.1
the law whether or not a local ordinance has been adopted. As such, Lakeport is already subject to the density bonus law in all zones that allow residential development citywide, even though a local ordinance has not been adopted. Adoption of the proposed ordinance would not impose any requirements on the City that are not already required under State law. Furthermore, it would not grant developers any notable incentives beyond those to which they are already entitled under State law. POINTS OF CONSIDERATION: Approval of the proposed ordinance will satisfy a requirement of the Citys Housing Element and bring the City into compliance with current State housing laws related to density bonus provisions and related affordable housing incentives. Further, adopting the proposed ordinance now will help qualify the City for a streamlined review of the pending General Plan Housing Element update. OPTIONS: 1. Introduce the proposed Ordinance and set a public hearing date for its second reading and adoption. 2. Propose revisions to the draft Ordinance and request that it be returned to the City Council for further discussion. FISCAL IMPACT: None $ Account Number: Comments: No significant fiscal impacts are anticipated as a result of the proposed modifications to the Municipal Code. Typical expenses related to the public hearing notice, ordinance publication and codification will be incurred. SUGGESTED MOTIONS: Move that the City Council introduce the proposed Ordinance amending Title 17 of the Lakeport Municipal Code to establish provisions for implementing density bonuses and affordable housing incentives in accordance with State law and set a public hearing and second reading for February 12, 2014, at 6:00 p.m.
Attachments:
Exhibit 1: Planning Commission Minute Order (December 11, 2013 meeting) Exhibit 2: Planning Commission Staff Report Exhibit 3: Proposed Ordinance Exhibit 4: State Density Bonus Law (CA Government Code 65915-65918)
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Agenda Item #IV.A.1
Exhibit 2
ORDINANCE NO. ____ (2014) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT, CALIFORNIA, AMENDING TITLE 17 OF THE LAKEPORT MUNICIPAL CODE, ADDING CHAPTER 17.39 RELATED TO THE IMPLEMENTATION OF THE 2009-2014 HOUSING ELEMENT
WHEREAS, Sections 65300 et seq. of the California Government Code require that each city adopt a comprehensive General Plan to guide future growth and development, and the General Plan includes a Housing Element to address the Citys existing and future housing needs; and WHEREAS, the Housing Element requires updating every five to eight years to address the current planning period and changes in state housing law; and WHEREAS, in compliance with state housing law, the Lakeport City Council adopted the 2009-2014 Housing Element, which includes a housing plan that covers the current planning cycle with quantified objectives; and WHEREAS, California Government Code Sections 65915 through 65918 require California cities to grant density bonuses and other incentives to residential development projects that set aside residential units as affordable for low income households; WHEREAS, the Housing Element of the Lakeport General Plan includes policies and programs that direct the City of Lakeport to revise the Citys zoning regulations to provide density bonuses and other incentives for affordable housing projects consistent with State law; and WHEREAS, this Ordinance amends the Citys Zoning Ordinance as directed by the adopted 2009-2014 Housing Element; and WHEREAS, adoption and implementation of the proposed ordinance has been determined to be exempt from the California Environmental Quality Act as it meets the criteria established in sections 15061(b)(3) and 15305 of the CEQA Guidelines because there will be no physical changes to the environment as a result of adoption of the ordinance, the contemplated action is pursued only for the purpose of compliance with an existing State Statutory requirement, and the ordinance will impose only minor alterations in land use limitations; WHEREAS, the Planning Commission of the City of Lakeport conducted a duly-noticed public hearing on December 11, 2013, at which time all interested persons wishing to testify in connection with this Ordinance were heard; and WHEREAS, at the conclusion of the public hearing, the Planning Commission made the finding that adopting the Ordinance is in the best interest of the City and recommended that the City Council adopt the Ordinance; and WHEREAS, the City Council of the City of Lakeport held a duly-noticed public hearing on February 18, 2014, at which time all persons wishing to testify in connection with this Ordinance were heard; and WHEREAS, the City Council fully studied all matters addressed in this Ordinance and considered all relevant public comments on such matters, and desires to approve this Ordinance.
124019.1
Title 17 LAND USE, ZONING AND SIGNS Chapter 17.39 DENSITY BONUSES DRAFT ORDINANCE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEPORT DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and determines as follows: This Ordinance is in the best interest of the City for the following reasons: A. The provisions of this Ordinance are consistent with the Citys adopted 2009-2014 Housing Element and are necessary for implementation of the 2009-2014 Housing Element. B. This Ordinance implements a specific program that was included as part of the 2009-2014 Housing Element to meet the requirements of California Government Code Sections 65915 through 65918. C. The provisions contained in this Ordinance are necessary for the health, safety, and general welfare of the community in that the proposed provisions in this Ordinance will help the City to achieve the following goals and policies contained in the Housing Element: Goal 2: Facilitate and encourage development of housing to meet the regional housing needs allocations. Policy 2A: The City shall encourage additional housing to meet the City's Regional Housing Need Allocations by maintaining an inventory of adequate sites to meet the Citys housing needs, by actively encouraging and assisting the construction of multifamily housing, by promoting a range of housing types, and by encouraging utilization of density bonuses in support of affordable housing. Program 2-2: Density Bonus: Revise the Zoning Ordinance to include density bonus provisions consistent with the requirements of State law. The ordinance shall also identify incentives for affordable housing development, including expedited processing. follows: I. SECTION 2. Title 17 of the Lakeport Municipal Code, the City Zoning Ordinance, is amended as Chapter 17.39 is added as follows:
Chapter 17.39 DENSITY BONUSES Sections: 17.39.010 Purpose and application. 17.39.020 Definitions. 17.39.030 Qualifications for density bonus and incentives and concessions. 17.39.040 Continued affordability and density bonus housing standards. 17.39.050 Incentives and concessions. 17.39.060 Waiver/modification of development standards. 17.39.070 Specified density bonus percentages. 17.39.080 Land donation. 17.39.090 Child care facilities. 17.39.100 Condominium conversions. 17.39.110 Parking and consideration of alternative development incentives. 17.39.120 Application and review procedures. 17.39.130 State law amendments.
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17.39.010 Purpose and application. The purpose of this chapter is to establish procedures for implementing state density bonus requirements, as set forth in California Government Code Section 65915, as amended, and to increase the production of affordable housing, consistent with the city's goals, objectives, and policies. 17.39.020 Definitions. The following definitions shall apply to this chapter: "Affordable housing cost" bears the same meaning as defined in Section 50052.5 of the California Health and Safety Code. "Affordable housing unit" means a dwelling unit within a housing development which will be rented or sold to and reserved for very low-income households, lower-income households, moderate-income households and/or senior citizens at an affordable housing cost for the respective group(s) in accordance with Section 65915 of the California Government Code and this chapter. "Affordable rent" means that level of rent defined in Section 50053 of the California Health and Safety Code. "Applicant" means a developer or applicant for a density bonus pursuant to Section 65915, subdivision (b), of the California Government Code and Section 17.39.030 of this chapter. "Child care facility" means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers. "Common interest development" bears the same meaning as defined in Section 1351 of the California Civil Code. "Density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city. "Development standard" means site or construction conditions that apply to a housing development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. "Housing development," means one or more groups of projects for residential units in the planned development of the city. "Housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the California Civil Code, approved by the city and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of California Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. "Lower-income households" bears the same meaning as defined in Section 50079.5 of the California Health and Safety Code. "Maximum allowable residential density" means the density allowed under applicable zoning ordinances, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the subject project. "Moderate income" or "persons and families of moderate income" means those middle-income families as defined in Section 50093 of the California Health and Safety Code. City of Lakeport
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"Qualified mobilehome park" means a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code. "Senior citizen housing development" means senior citizen housing as defined in Sections 51.3 and 51.12 of the California Civil Code. "Specific adverse impact" means any adverse impact as defined in paragraph (2), subdivision (d), of California Government Code Section 65589.5, upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. "Very low-income households" bears the same meaning as defined in Section 50105 of the Health and Safety Code. 17.39.030 Qualifications for density bonus and incentives and concessions. A. The city shall grant one density bonus as specified in Section 17.39.070, and incentives or concessions as described in Section 17.39.050, when an applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this chapter, that will contain at least any one of the following: 1. 2. 3. 4. 5. Ten (10) percent of the total units of the housing development as affordable housing units affordable to lower-income households; or Five percent of the total units of the housing development as affordable housing units affordable to very low-income households; or A senior citizen housing development; or A qualified mobilehome park; or Ten (10) percent of the total units of a common interest development as affordable housing units affordable to moderate-income households, provided that all units in the development are offered to the public for purchase subject to the restrictions specified in this chapter.
B. C.
As used in subsection A of this section, the term "total units" does not include units permitted by a density bonus awarded pursuant to this section or any other local law granting a greater density bonus. Each applicant who requests a density bonus pursuant to this chapter, shall elect whether the bonus shall be awarded on the basis of subsection (A)(1), (2), (3), (4) or (5) of this section. Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low-income affordable housing units, lower-income affordable housing units or moderateincome affordable housing units, or the development's status as a senior citizen housing development or qualified mobilehome park. Density bonuses from more than one category may not be combined.
17.39.040 Continued affordability and density bonus housing standards. A. An applicant shall agree to, and the city shall ensure, continued affordability of all low- and very lowincome units that qualified the applicant for the award of the density bonus for a period of thirty (30) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for affordable housing units for lower-income households shall be set at an affordable rent. Owner-occupied affordable housing units shall be available at an affordable housing cost. Page 4
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B.
An applicant shall agree to, and the city shall ensure, that the initial occupant of moderate-income units that are directly related to the receipt of the density bonus in a common interest development, are persons and families of moderate income and that the units are offered at an affordable housing cost. The local government shall enforce an equity-sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equity-sharing agreement: 1. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes that promote homeownership as described in subdivision (e) of Section 33334.2 of the California Health and Safety Code that promote homeownership. For purposes of this subdivision, the city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. For purposes of this subdivision, the city's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.
2.
3. C.
Any contract, deed restriction, or other instrument used to implement subsections A and/or B of this section, shall be signed by the applicant and by the city as parties.
D. All affordable units shall be reasonably dispersed throughout the housing development; shall be proportional, in size, bedroom number and location to the market rate units; and shall be comparable with the market-rate units in terms of the base design, architectural appearance, building materials and finished quality. All affordable units in a housing development shall be constructed concurrently with or prior to the construction of the market-rate units. In the event the city approves a phased project, the affordable units required by this chapter shall be provided within each phase of the residential development unless otherwise approved by the Community Development Director. E. Applicants receiving density bonuses shall use best efforts to provide a substantial proportion of any affordable housing units in the housing development to citizens residing or employed within the city.
17.39.050 Incentives and concessions. A. An applicant for a density bonus may also submit to the city a proposal for specific incentives or concessions in exchange for the provision of affordable housing units in accordance with this chapter. The applicant may also request a meeting with the city's Community Development Director to discuss such proposal. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following: 1. The concession or incentive is not required in order to provide for affordable housing costs or for rents for the targeted units to be set as specified in Section 17.39.040 (i.e., the applicant is unable to demonstrate that the waiver or modification is necessary to make the housing units economically feasible); or The concession or incentive would have a specific adverse impact.
2. B.
If the conditions of Section 17.39.030 and subsection A of this section are met by an applicant, the city may grant an applicant applying for incentives or concessions the following number of incentives or concessions: Page 5
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1.
One incentive or concession for housing developments that include: at least ten (10) percent of the total units affordable to lower-income households; or at least five percent of the total units affordable to very low-income households; or at least ten (10) percent of the total units affordable to persons and families of moderate income in a common interest development. Two incentives or concessions for housing developments that include: at least twenty (20) percent of the total units affordable to lower-income households; or at least ten (10) percent of the total units affordable to very low-income households; or at least twenty (20) percent of the total units affordable to persons and families of moderate income in a common interest development. Three incentives or concessions for housing developments that include: at least thirty (30) percent of the total units for lower-income households; or at least fifteen (15) percent for very low-income households; or at least thirty (30) percent for persons and families of moderate income in a common interest development.
2.
3.
C.
For the purposes of this chapter, available concessions or incentives may include any of the following: 1. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. Approval of mixed use zoning in conjunction with the housing development if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing development will be located. Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable, financially sufficient, and actual cost reductions. For purposes of this chapter, the parking ratios set forth in Government Code Section 65915 (and Section 17.39.110 of this chapter) for qualified affordable housing projects shall be deemed a concession or incentive available to the applicant.
2.
3. 4.
D. This section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly-owned land, by the city or the waiver of fees or dedication requirements. Nor does any provision of this section require the city to grant an incentive or concession found to have a specific adverse impact. E. F. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. Applicants seeking a condominium conversion may apply for either a density bonus or an incentive of equivalent financial value (as that term is defined in Government Code Section 65915.5) in accordance with Section 17.39.100 of this chapter and Government Code Section 65915.5.
G. The application and review process for a proposal of incentives and concessions is set forth in Section 17.39.120.
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17.39.060 Waiver/modification of development standards. A. Applicants may, by application, seek a waiver, modification or reduction of development standards that will otherwise preclude or inhibit the utilization of the density bonus on specific sites in a housing development at the densities or with the concessions or incentives permitted by this chapter. The applicant may also request a meeting with the city to discuss such request for waiver/modification. In order to obtain a waiver/modification of development standards, the applicant shall show that (1) the waiver or modification is necessary to make the housing units economically feasible, and (2) that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of Section 17.39.030(A), at the densities or with the concessions or incentives permitted by this chapter. Nothing in this section shall be interpreted to require the city to waive, modify or reduce development standards if the waiver, modification or reduction would have a specific adverse impact. The application and review process for a waiver/modification of development standards is set forth in Section 17.39.120
B. C.
17.39.070 Specified density bonus percentages. A. Only housing developments consisting of five or more dwelling units are eligible for the density bonus percentages provided by this section. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 17.39.030(A). For housing developments meeting the criteria of subsection (A)(1) of Section 17.39.030, the density bonus shall be calculated as follows: Percentage Density Bonus 20 21.5 23 24.5 26 27.5 30.5 32 33.5 35 (maximum)
B.
Percentage Low-Income Units 10 11 12 13 14 15 17 18 19 20
C.
For housing developments meeting the criteria of subsection (A)(2) of Section 17.39.030, the density bonus shall be calculated as follows: Page 7
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Percentage Very Low-Income Units 5 6 7 8 9 10 11
Percentage Density Bonus 20 22.5 25 27.5 30 32.5 35 (maximum)
D. For housing developments meeting the criteria of subsections (A)(3) and (A)(4) of Section 17.39.030, the density bonus shall be twenty (20) percent. E. For housing developments meeting the criteria of subsection (A)(5) of Section 17.39.030, the density bonus shall be calculated as follows: Percentage Density Bonus 5 6 7 8 9 10 11 12 13 14 15 16 17
Percentage Moderate-Income Units 10 11 12 13 14 15 16 17 18 19 20 21 22
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23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40
18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 (maximum)
F.
An applicant may elect to accept a lesser percentage of density bonus than that to which the applicant is entitled under this chapter. All density bonus calculations resulting in a fractional number shall be rounded upwards to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
G. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower-income households are located. H. The application and review process for a density bonus as provided by this section is set forth in Section 17.39.120 17.39.080 Land donation. A. When an applicant for a tentative map, subdivision map, parcel map, or other residential development approval donates land to the city as provided for in this section, the applicant shall be entitled to a Page 9
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fifteen (15) percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire housing development, as follows: Percentage Very Low-Income Units (Based upon maximum density allowed on donated land) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Percentage Density Bonus 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 (maximum)
This increase shall be in addition to any increase in density mandated by Section 17.39.030, up to a maximum combined mandated density increase of thirty-five (35) percent, if an applicant seeks both the City of Lakeport
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increase required pursuant to this section and Section 17.39.030. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this section shall be construed to enlarge or diminish the city's authority to require an applicant to donate land as a condition of development. B. An applicant shall be eligible for the increased density bonus described in this section if the city is able to make all the following conditions and findings: 1. 2. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or date of approval of the residential development application. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than ten (10) percent of the number of residential units of the proposed development. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or date of approval of the development application for the housing development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of very low-income housing units on the transferred land, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Government Code Section 65583.2 if the design is not reviewed by the local government prior to the time of transfer. The transferred land and the very low-income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this chapter, which restriction will be recorded on the property at the time of dedication. The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to such city-approved developer. The transferred land shall be within the boundary of the proposed development or, if the city agrees in writing, within one-quarter mile of the boundary of the proposed development.
3.
4.
5. 6. C.
The application and review process for a donation of land and related density bonus is set forth in Section 17.39.120
17.39.090 Child care facilities. A. When an applicant proposes to construct a housing development that includes affordable units as specified in Section 17.39.030 and includes a child care facility that will be located on the premises of, as part of, or adjacent to such housing development, the city shall grant either of the following if requested by the applicant. 1. 2. B. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
A housing development shall be eligible for the density bonus or concession described in this section if the city, as a condition of approving the housing development, requires all of the following to occur: Page 11
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1.
The child care facility will remain in operation for a period of time that is as long as or longer than the period of time during which the affordable housing units are required to remain affordable pursuant to Section 17.39.040 Of the children who attend the child care facility, the percentage of children of very low-income households, lower-income households, or moderate-income households shall be equal to or greater than the percentage of affordable housing units that are proposed to be affordable to very lowincome households, lower-income households, or moderate-income households. Notwithstanding any requirement of this section, the city shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities.
2.
3.
C.
The application and review process for the provision of child care facilities and related density bonus or concessions or incentives is set forth in Section 17.39.120
17.39.100 Condominium conversions. Any applicant seeking to convert apartments into condominiums may receive a density bonus or incentives of equivalent financial value (as that term is defined in Government Code Section 65915.5) upon an application made in conjunction with its map application pursuant to the Subdivision Map Act, this code and consistent with Government Code Section 65915.5. Any appeal of any density bonus or incentive of equivalent financial value or review by the planning commission to the city council shall automatically require an appeal of the underlying map to that body. An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives or concessions were provided under Government Code Section 65915. Nothing in this section shall be construed to require the city to approve a proposal to convert apartments to condominiums. 17.39.110 Parking and consideration of alternative development incentives. A. Housing developments meeting any of the criteria of Section 17.39.030(A), shall be granted the following maximum parking ratios, inclusive of handicapped and guest parking, which shall apply to the entire development, not just the restricted affordable units, when requested in writing by an applicant: 1. 2. 3. B. Zero to one bedroom dwelling unit: one on-site parking space; Two to three bedrooms dwelling unit: two on-site parking spaces; Four or more bedrooms: two and one-half parking spaces.
If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide "on-site parking" through tandem parking, but not through on-street parking.
C. Alternative development incentives, such as a reduction in the total number of required parking spaces, the elimination or reduction in RV/boat trailer parking, and the provision of uncovered parking spaces in lieu of carports and garages, may be requested in writing by the applicant for consideration by the city. The applicant shall provide the city with a written justification statement for each requested alternative development incentive. D. Other regulatory incentives or concessions proposed by the developer or the City that will result in identifiable and actual cost reductions including but not limited to fee waivers, expedited permit processing, and modification of requirements for off-site improvements. City of Lakeport
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17.39.120 Application and review procedures. A. A written application for a density bonus, incentive, concession, waiver, or modification pursuant to this chapter shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications required for the housing development. The application shall be submitted on a form prescribed by the city and shall include at least the following information: 1. 2. 3. Site plan showing total number of units, number and location of affordable housing units, and number and location of proposed density bonus units. Level of affordability of affordable housing units and proposals for ensuring affordability. Description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. The application shall include evidence that the requested incentives and concessions are required for the provision of affordable housing costs and/or affordable rents, as well as evidence relating to any other factual findings required under Section 17.39.050 If a density bonus or concession is requested in connection with a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in Section 17.39.080 can be made. If a density bonus or concession/incentive is requested for a child care facility, the application shall show the location and square footage of the child care facilities and provide evidence that each of the findings included Section 17.39.090 can be made.
4.
5.
B.
An application for a density bonus, incentive or concession pursuant to this chapter shall be considered by and acted upon by the approval body with authority to approve the housing development and subject to the same administrative appeal procedure, if any. In accordance with state law, neither the granting of a concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval. For housing developments requesting a waiver, modification or reduction of a development standard, an application pursuant to this subsection shall be heard by the city planning commission. A public hearing shall be held by the planning commission and the commission shall issue a determination. Pursuant to Government Code Section 65915, the planning commission shall approve the requested waiver/modification or reduction of development standards, unless one of the following conditions applies: 1. 2. The waiver/modification is not required to make the proposed affordable housing units feasible; or The waiver/modification will have a specific adverse impact.
C.
The decision of the city planning commission may be appealed to the city council within five (5) business days of the date the decision is made in the manner provided in Lakeport Municipal Code. D. Notice of any city determination pursuant to this section shall be provided to the same extent as required for the underlying development approval. E. The city will endeavor to expedite the application process to the extent reasonably possible. The approval process may entail a site-specific rezoning, the subdivision of the land, architectural and design review, environmental review and/or other land use applications. These approvals may be dealt with simultaneously, under one application. City of Lakeport
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17.39.130 State law amendments. This chapter implements the laws for density bonuses and other incentive and concessions available to qualified applicants under Government Code Sections 65915 through 65918. In the event these Government Code sections are amended, those amended provisions shall be incorporated into this chapter as if fully set forth herein. Should any inconsistencies exist between the amended state law and the provisions set forth in this chapter, the amended state law shall prevail. SECTION 3. CEQA. The Ordinance is categorically exempt from environmental review in accordance with section 15061(b)(3) of the CEQA Guidelines, General Rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Ordinance will not result in additional development opportunities or any foreseeable environmental impact. The Ordinance is also categorically exempt from environmental review under section 15305 of the CEQA Guidelines as a minor alteration in land use limitations. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application to any person or circumstance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons and circumstances. The City Council of the City of Lakeport hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions hereof are hereby declared to be severable. SECTION 5. Publication. The City Clerk shall cause this Ordinance to be published or posted in accordance with California Government Code section 36933 and shall certify to the adoption of this Ordinance. SECTION 6. Effective Date. This Ordinance shall take effect thirty days after its adoption pursuant to California Government Code section 36937. INTRODUCED and first read at a regular meeting of the City Council on the 21st day of January, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAINING: Council Members Engstrom, Mattina, Scheel, and Spillman, and Mayor Parlet None None None
FINAL PASSAGE AND ADOPTION by the City Council of the City of Lakeport occurred at a meeting thereof held on the 18th day of February, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAINING: _______________________________ KENNETH PARLET II, Mayor
ATTEST: _______________________________ JANEL M. CHAPMAN, City Clerk City of Lakeport

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CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District Lakeport Redevelopment Successor Agency
STAFF REPORT
RE: Carnegie Library Consultant Selection Recommendation MEETING DATE: 02/18/2014 SUBMITTED BY: Carnegie Library Consultant Selection Committee PURPOSE OF REPORT: Information only Discussion Action Item
WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: The City Council is being asked to accept a recommendation from the Citys Carnegie Library Consultant Selection Committee to negotiate a professional services contract with Garavaglia Architecture, Inc., to prepare a feasibility study for determination of the highest and best uses of the historic Lakeport Carnegie Library. BACKGROUND: In December of 2013, the City of Lakeport requested proposals from a wide range of qualified consultants, building and site design professionals, architects, engineers, economic development/marketing consultants, and/or similar professionals for the preparation of a feasibility study of the historic Lakeport Carnegie Library. The City of Lakeport is the owner and responsible party of the Lakeport Carnegie Library which is situated in a prominent setting at the foot of Second Street in Lakeports Library Park. The stately building proudly faces west, towards the town as if to welcome locals and visitors alike. The old Library with its back against Clear Lake to the east is centered in the middle of Library Park which is named after it. The Carnegie Library is a significant local and regional landmark which is on the National Park Service - National Register of Historic Places (April 10, 2008). The Carnegie Library and Library Park are found in downtown Lakeport, east of Main Street, adjacent to Clear Lake, one of the largest natural lakes in California. According the Pomo Bulletin of November 1985, The Library was first heard of in 1906. And in 1914, Yolo Water and Power Company was operating a dredge on the Lake and at the same time the Napa and Lakeport Railroad was proposing to build rail lines and facilities into Lake County. The NL Railroad and Yolo Water and Power agreed to fill in the Clear Lake shore area where Library Park is today for the development of a rail depot, public park and public library. The railroad never came but the new land was slowly improved into open space and park land. In December of 1915 the Carnegie Foundation granted the town $8,000 for the purpose of erecting a library building. The architectural firm of Ward and Blohme designed the Library and local builders Randolf and Hines were awarded a contract to build the building. On September 6, 1917, the Town Board accepted the new Lakeport Carnegie Library and opened it to the public on February 18, 1918. The Lakeport Carnegie Library has been used for many purposes including Lakeport City Council meetings, kindergarten and school classes, Boy Scout meetings and of course the Lake County Library. In 1984, the last full year of library operations, there were over 38,000 book transactions. In 1985 a new County Library was opened on High Street in Lakeport and the Carnegie Library building reverted back to City of Lakeport control.
Meeting Date: 02/18/2014 Page 1 Agenda Item #VII.A.1.
The City Engineering, Public Works Administration and Planning Departments used the building for a time in 1986-88 and starting in 1997 a UC Davis Clear Lake Field Office and Lab occupied the Carnegie for several years. The Lakeport City Attorney and the Lakeport Redevelopment Agency used the building in 2008-2011. A significant rehabilitation of the Carnegie Library took place in 1997 as a prerequisite to the University of Davis lease and included a new roof, basement slab leveling, exterior painting, new electrical, phone and computer wiring, new water and wall mounted space heaters, and a new attic mounted heating and cooling unit upstairs. The Carnegie Library building can now be occupied and functionally used at the present time after completing some minor maintenance, clean up and repair activities. The rehabilitation work that was done by the City in 1997 stabilized the condition of the structure and facilitated meaningful usability. The upstairs area contains about 1,500 square feet of carpeted, good quality office space in an open room setting. There are essentially four work zones and a center reception zone at the top of the front stairs. There is air conditioning and heating upstairs and wall mounted zonal heaters downstairs. Good lighting is available from the many windows and numerous ceiling mounted fluorescent light fixtures. A number of original custom wood book cases have been used as office dividers and for office shelving, and can be moved around. There are good electrical and communication lines and outlets both upstairs and in the lower level. The existing office furniture may be able to be retained in the building. The lower level has a concrete slab floor and is currently used for City records and archive storage on metal shelves. There are various other storage activities occurring in the lower area as well as some park related office use. The mens and womens bathrooms are found on the lower level and illustrate the historic design features merging with modern building usage standards. Each bathroom with its original stall design and wood stall dividers has a wall mounted space heater and there are on-demand hot water heaters. A narrow nonstandard internal stairway ties the lower and upper floors together. There is a motion detector style security alarm system installed in the Library. The building is currently used for City document archive storage on the lower level and unoccupied administrative office space on the upper level. The Lakeport Carnegie Library is a 28 x 54 double wall, wood frame structure with a floating concrete slab floor and hip roof covered with asphalt shingles. The building was described in 1997 by architect Janice Pregliasco as a simplified, Neo-Classical style prevalent for buildings built at the turn of the century. It has three entry doors and numerous lower and upper level windows. The exterior is stucco with a two tone light grey paint.
Page 2
Agenda Item #VII.A.1.
Carnegie Library Address and Assessors Parcel Number - 200 Park Street, Lakeport, California 95453 APN-25-413-01 Carnegie Library Lakeport General Plan and Zoning Designations - Open Space/Parkland General Plan Designation and OS - Open Space Zoning District. Carnegie Library FEMA Flood Zone - AO Base Flood Elevation - 1332 above sea level. The Library Building is subject to periodic Clear Lake Flood conditions and has experienced flood water inundation in the lower level. PROPOSED FEASIBILTY STUDY - The City of Lakeport wishes to find a new and best use for the Carnegie Library and to open it to the public. In 2013 the Lakeport Main Street Association on behalf of the City of Lakeport prepared and submitted an application for a $5,000 Hart Family Fund for Small Towns grant through the National Trust for Historic Preservation. The City was recently notified of the award of the grant and now with the addition of $5,000 in matching City funds is seeking a qualified professional firm to conduct a feasibility study to determine the current highest and best use of the building. The following is the Detailed Project Description from the Lakeport Main Street/City of Lakeport NTHP grant application and project scope of work: Our goal related to this grant is to determine the highest and best use of the Carnegie Library building. We wish to protect and preserve its inherent historic and architectural value while repurposing the facility so that it can serve the public in a way that meets todays needs. According to the Secretary of Interiors Standards for the Treatment of Historic Properties, our project falls under the category of Rehabilitation. As stated in those Standards, to begin such a process, we need to identify the architectural materials and features that define the buildings historical character and identify opportunities for efficient contemporary use through alterations and actions All of this indicates the need for a feasibility study. In that study we want to gauge the buildings physical condition, investigate the viability of potential new users, test new use ideas with the public, analyze how new needs can merge appropriately with the historic aspects of the building, determine what code regulations may come into effect such as ADA requirements, and check on the buildings exposure to flooding. The concept of economic development in the form of cultural tourism has met with strong public support and meets the strategies of the state, county and city and we would like to the feasibility study to focus analysis on this aspect. We do not feel the feasibility study will require a city wide market analysis as we already have tools in hand that we feel are meaningful and current. The County of Lake conducted an extensive retail site assessment in 2010 through Buxton and has made that those results available to us. The Lakeport Main Street Association completed a downtown customer satisfaction survey in 2011 and the Lake County Chamber of Commerce is currently at work on a county wide retail survey. Last October the public was invited to an input session on city branding which brought forth much discussion on how residents viewed their city. Each of these resources has provided a good basis for determining market need. As a first step in determining the future of the Carnegie Library, the city appointed Lakeport Economic Development Advisory Committee has formed an ad hoc committee to review the current condition of the building and to suggest possible new uses. Ideas coming from this group include: (1). new uses should open the building to the public and therefore help tie the main retail corridor one block to the west to the lakeside park area; (2). create a meeting space available to the public on a rental basis as there is a shortage of such space in the city; (3). create a business incubator where entities wishing to test a market idea can open up a stall for a set period of time much like todays concept of a pop up store; (4). provide space for tourist information as one of the chief industries of the city is tourism and recreational use of the lake. It is the hope to complete the feasibility study by mid-2014. The repurposing of the building would be complete by the end of 2015.
Meeting Date: 02/18/2014 Page 3 Agenda Item #VII.A.1.
At that time we envision a beautifully restored facility that is open to the public, in constant use, producing enough rental income to cover operating expenses, and contributing to the economic vitality of the downtown district. When we have the results of the feasibility study we will be able to decide on what the new use will be and can begin working on a plan to conduct the rehabilitation and repurposing to meet that use. Once we have a projected use we will begin the process of raising funds from both private and public sources We will continue to involve the public in the decision making process by inviting them to public forums, and we will keep the public informed of each step through news releases and web site postings. We will continue to work in concert with community organizations such as the Lakeport Main Street Association, the Lake County Chamber of Commerce, the Lake County Arts Council, The Lakeport Yacht Club and the Lakeport Economic Development Advisory Committee. Contract Start Date - The City has progress in the process to procure a consultant in a series of orderly steps. The approximate contract start date for the consultant is March 1, 2013. Selection Process - The City used a standard process to judge the contents of the Consultants proposals, including a widely circulated RFP, the selection of a consultant committee to review the proposals using the following criteria: 1. Adequacy of the described plan/approach to deliver requested services as described in Section II, Proposed Feasibility Study. 2. Experience of Consultant in providing prior similar feasibility study services and building use evaluations. 3. Status of Professional Certification. 4. Cost effectiveness of providing feasibility study services. (Please note that the City has a total of $10,000 available for this feasibility study). DISCUSSION: The City formed a Consultant Selection Committee that included Richard Knoll, Wilda Shock, Carol Hays, and Marcia Bishop Sanderson. The Selection Committee met on January 27, 2014, to review and rank the three proposals. The recommendation to select Garavaglia Architects, Inc., was a unanimous choice from the Selection Committee made after a review and discussion procedure based on detailed quantitative criteria. The Selection Committee is very confident that Garavaglia will prepare an excellent feasibility study consistent with the Citys intent. OPTIONS: Accept the recommendation of the Consultant Selection Committee and direct staff to begin contract negotiations with Garavaglia Architects, Inc., to prepare the Carnegie Library feasibility study. FISCAL IMPACT: None $12,500 Total Account Number: Comments: Includes $10,000 for the study and an estimated $2,500 for project coordination and miscellaneous expenses. SUGGESTED MOTIONS: Move to authorize City staff to negotiate a professional services contract and scope of work with Garavaglia Architects, Inc., for the City of Lakeport and to prepare a feasibility study for determination of the highest and best uses of the historic Lakeport Carnegie Library and authorize the City Manager to sign the contract and documents pertaining to this project. The contract amount shall not exceed $10,000.
Page 4
Agenda Item #VII.A.1.
CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District
STAFF REPORT
RE: Professional Services Agreement and Developer Reimbursement Agreement/Safeway Fuel Center Project SUBMITTED BY: Andrew Britton, Planning Services Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 02/18/2014
WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: The Council is being asked to do the following:
1. Approve a Professional Services Agreement between the City of Lakeport and PMC planning
consultants for a variety of planning-related services related to a proposed development project at the Eleventh Street Shopping Center. which is designed to cover all costs and expenses associated with the professional planning services that will be provided to the City of Lakeport by PMC in conjunction with the proposed development project.
2. Approve a Development Reimbursement Agreement between the City of Lakeport and Safeway, Inc.
BACKGROUND: Safeway, Inc., is the owner of the Eleventh Street Shopping Center located at 821 and 1071 Eleventh Street and has proposed the construction of a new Safeway-branded fuel center to be located in the eastern portion of the shopping center. The property owner is seeking to expedite the review and approval process for the proposed fuel center to the greatest extent possible. Staff was concerned that due to our limited planning staff as well as our other ongoing projects and responsibilities, staff would not be able to accommodate the owners desire to process the required land use applications in an expeditious manner. The development of the proposed fuel center will involve a variety of land use applications: Tentative Parcel Map to subdivide the shopping centers existing two parcels into four parcels. Architectural and Design Review to allow the construction of the new fuel center. Preparation of an environmental review/CEQA initial study to address the potential environmental impacts associated with the proposed project and, if necessary, develop appropriate mitigation measures. Zoning Permit to allow the retail sale of fuel in the C-2 Major Retail zoning district.
The property owner suggested the use of a qualified planning consultant to assist the City with this project with a commitment that all costs associated with the use of a consultant would be borne by the property owner.
Page 1
Agenda Item #VII.B.1.
The property owner provided a list of qualified planning consultants for the Citys consideration. City staff determined that PMC would be best suited to assist the City with this type of project based on their experience and qualifications. DISCUSSION: Retaining the services of PMC for this project requires the City to enter into a Professional Services Agreement with the consultant. Our interim City Attorney assisted with the preparation of the attached agreement (Attachment #1), which has been approved and signed by PMC. This attached agreement also includes an Exhibit A which is the scope of work needed for this project and the related cost estimate ($29,895). This agreement will be executed by the City Manager, etc. upon approval by the City Council. As previously described, Safeway, Inc. has agreed to cover all of the consultants costs related to this project. The owners commitment to covering these costs is reflected in the attached Development Reimbursement Agreement (Attachment #2) which has been approved and signed by Safeway, Inc. This agreement has been reviewed by the interim City Attorney and will also be executed by the City Manager, etc. upon approval by the City Council. The Development Reimbursement Agreement also includes the scope of work prepared by PMC. Staff is very confident that PMC will provide the needed services and assistance to the Community Development Department associated with this development project. Staff will be managing and directing PMC to complete the tasks outlined in the approved scope of work. PMC will essentially act as an extension of City staff and will be totally independent from the property owner/project developer. OPTION: Approve a Professional Services Agreement between the City of Lakeport and PMC for planning-related services related to a proposed development project at the Eleventh Street Shopping Center; and approve a Development Reimbursement Agreement between the City of Lakeport and Safeway, Inc. to cover all costs and expenses associated with the professional planning services that will be provided to the City of Lakeport by PMC in conjunction with the proposed development project. FISCAL IMPACT: None $ Account Number: Comments: The Development Reimbursement Agreement includes an additional $1,495.00 (5% of the PMC contract amount) to reimburse the City for the costs associated with administering the Professional Services Agreement, including processing invoices from PMC and sending copies to Safeway. SUGGESTED MOTION: Move to approve the Professional Services Agreement and the Development Reimbursement Agreement as described in the staff report and authorize the City Manager to sign both agreements on behalf of the City of Lakeport. 1. Professional Services Agreement & Scope of Work (City of Lakeport & PMC) 2. Development Reimbursement Agreement (City of Lakeport & Safeway, Inc.)
Attachments:
Page 2
Attachment #1
Attachment #2
September 23, 2013 Revised September 26, 2013
CITY OF LAKEPORT COMMUNITY DEVELOPMENT DEPARTMENT Attn: Mr. Andrew Britton, Planning Services Manager 225 Park Street Lakeport, CA 95453 Mary W. Davi, Real Estate Manager SAFEWAY, INC. 5918 Stoneridge Mall Road Pleasanton, CA 94588 RE: SCOPE OF WORK AND FEE PROPOSAL FOR: PREPARATION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND CONTRACT STAFFING SUPPORT TO THE CITY OF LAKEPORT FOR THE PROCESSING OF A PARCEL MAP, SITE PLAN AND DESIGN REVIEW PACKAGE FOR A SAFEWAY-BRANDED NEW FUELING CENTER. Dear Mr. Britton / Ms. Davi: On behalf of PMC, we appreciate the opportunity to respond to your request for a proposal to assist the City of Lakeport and Safeway, Inc., with the preparation of an Initial Study / Mitigated Negative Declaration supporting the City of Lakeports consideration of a Parcel Map; Site Development Plan; and, Architectural Design Review application for a new Safeway-branded fueling center. This letter proposal outlines a proposed scope of work and fee proposal to prepare the CEQA document on behalf of the City and to provide staff support assistance to the City for the processing of the requests associated with the project. A proposed project timeline has also been included per your request. In addition to outlining the basic scope of work for the project, this proposal outlines the various assumptions that have been made based on information available to PMC at the time of proposal preparation. It has been assumed with this proposal that PMC will work at the Citys direction and under the supervision of the Community Development Department.
PROJECT OVERVIEW AND UNDERSTANDING

The proposed project consists of a Parcel Map to divide the existing commercial center into four parcels (Lots 14) and the processing of a Site Plan and Design Review request for the development of a new 8-dispenser Safeway-branded fueling center. It is also noted that construction of a new fueling center would involve the demolition of existing vacant shop buildings in the center in response to current demand for retail space. PMC understands that this project follows a project completed at the site in 2008-09 to remodel the existing Safeway retail store. As expressed in your correspondence with Tad Stearn on August 28, PMC understands that Safeway seeks to restart the Parcel Map process suspended
140 Independence Circle, Suite C Chico, CA 95973 P: (530) 894-3469 F: (530) 894-6459
Scope of Work and Fee Proposal: City of Lakeport Safeway Fueling Center Project September 26, 2013 Page 2
in 2008 and to request approval to construct a new Safeway-branded fueling station on the eastern portion of the site.
PROPOSED PROJECT
The specific details of the project are understood to be as follows: Project Site The project is site is identified as 821 and 1071 Eleventh Street and further described as Lake County APNs 026-301-026 and -027. The project site is located south of Eleventh Street and west of Pool Street approximately a quarter mile east of the intersection of SR 29 and Eleventh Street. The site is located in Lakeport. The site is currently developed with a Safeway shopping market, three detached pad sites (two restaurants and one bank), and various commercial tenant spaces. Project Approvals Required: Parcel Map Division of the existing commercial center into four parcels consistent with the requirements of the City of Lakeport C-2 zone district and Title 16, Subdivisions, of the Lakeport Municipal Code. Fueling Center Site Development and Architectural Review Plans Construction of a new Safeway-branded fueling center having eight fuel dispensers (16 pumps) and a +/-850-square-foot retail store/payment kiosk. Demolition of +/-16,000 square feet of existing retail space to accommodate the proposed fueling center.
PMC understands that Safeway, Inc. has already contracted, or will be contracting, with RSC Engineering to prepare the Parcel Map and technical engineering reports and/or studies associated with the Parcel Map request (soils report, utility analysis, etc..) as well as to provide the required engineering support for the Site Plan approval request. Additionally, PMC understands that Safeway, Inc. will be providing the required architectural design plans and details required by the City as part of the architectural review program. Based on a review of the City-prepared Initial Study completed by Mr. Andrew Britton in 2007 and a conversation with Mr. Britton on Monday, September 23rd, PMC understands that new special studies to include a site lighting / photometric plan; project traffic study; and, greenhouse gas / air quality analysis are required to support the project request. With this proposal, PMC has included a task to prepared the required GHG analysis as part of the preparation of the Initial Study but has not included services to prepare any other project required technical studies. It is assumed that Safeway, Inc. and the Safeway project team will provide such at the time of development application. If it is determined, based on future conversations with the City and Safeway, that specific technical reports or studies are necessary, PMC will work with City staff and Safeway to identify the most appropriate method for completing the required services. Finally, PMC understands that detailed building plans are available from LHB Associates in support of the proposed fueling center and that PMC will be provided with the necessary design review information to support the consideration of the Site Plan and Design Review request to the City.
SCOPE OF WORK
Based on our understanding of the intent of the project, PMCs proposal includes the following tasks:
TASK 1: PROJECT INITIATION, INFORMATION ACQUISITION AND KICKOFF

Upon receiving authorization to proceed, PMC staff will conduct a project kick-off meeting with City staff to identify specific project work tasks, milestones, deliverables and a project schedule. Based upon that meeting, PMC will prepare a project review and processing package for the project. PMC will work with the City and Safeways project team to identify the applications and support materials necessary to formally begin the project review and consideration process. As part of this effort, PMC will acquire from the City all available information on the previous project and all available land use, zoning, engineering and utility information on the site. PMC will prepare a data source list documenting the available information and a summary memorandum identifying information needed to support the processing of the project. As part of this task, PMC will make one field visit to the project site to document existing site conditions and will participate in on project kick-off meeting with the City and Safeway project team to address expectations, acquire application materials, and initiate a conversation in regard to how PMC project staff will assist the City to expedite the project.. Deliverables/Meetings: PMC will participate in one (1) project review and initiation meeting with the City and Safeway project team and will prepare a summary data source list, and a project initiation memo outlining the Citys submittal requirements, identifying important project milestones, establishing communications protocols and establishing a preliminary project schedule. PMC will undertake one (1) site visit as part of this task to survey and photograph the project site. As part of the on-going management activities associated with the project, PMCs project manager will participate in biweekly phone conferences and electronic communications with the project team and City staff to ensure that the project maintains schedule dates and accomplishes project milestones. Assumptions: PMC assumes that all project-related communications will occur with and through the City but that PMC will be the primary liaison for the project working on behalf of the City.
TASK 2: COORDINATION AND INTAKE OF PROJECT APPLICATIONS AND SUBMITTALS

Following the conclusion of the project kick-off meeting and the delivery of the Project Kick-off memo outlined in Task 1, PMC will work with both the City and the Safeway project team on the coordination of project applications. PMC will work with the City and Safeway team to identify all necessary applications, project support materials and coordination activities. PMC will be available to respond to inquiries by Safeway on the project and will prepare all project routing and review materials for the Project by City Departments and service providers. Deliverables/Meetings: PMCs will prepare project routing and review materials and will participate in biweekly phone conferences (coordinated by PMC) with the applicant and City to coordinate project submittals, project routing, fee payment and noticing. Assumptions: PMC assumes that all project-related applications, studies, fees and support materials will be provided by Safeway and the Safeway project team.
TASK 3: PROJECT REVIEW AND PROCESSING SUPPORT

PMC will provide planning support to the City of Lakeport for the preparation of project review packets; consolidation of project review comments; coordination and attendance at a project review
meeting; preparation of the project staff report; and, preparation of public hearing notices and legal advertisements. As part of this task, PMC will prepare the project staff report (including attachments, findings, conditions of approval, etc.); all required notices and legal filing materials; and, will continually coordinate with the City on the status of the project review. Deliverables/Meetings: PMC will attend one (1) project review meeting with the City and Safeway project team to review and provide comments on the project. PMC will prepare a staff report and all conditions of approval, resolutions and findings for the project. PMC will also prepare all required notices and legal advertisements for the project and provide to the City for publication, posting or filing. Assumptions: PMC assumes that Safeway will pay all project application fees, project permitting costs and costs associated with the processing of the applications and that the City project manager and Safeway project manager will be the responsible party to sign any and all project-related documents and authorizations.
TASK 4: PREPARATION OF ADMINISTRATIVE AND PUBLIC DRAFT INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION (CEQA REVIEW)
Following the acquisition of the available project information (Task 1) and submittal of all applications and special studies by the Safeway project team (Task 2), PMC will initiate work to review potential project impacts as required by the California Environmental Quality Act (CEQA). Using the Appendix G Checklist contained in the State CEQA Guidelines (or an alternative CEQA Initial Study checklist adopted by the City), PMC will prepare the Initial Study utilizing the technical reports prepared by the Safeway project team and understood to be available (e.g. Traffic Study, Noise study, geotechnical report, utility plan, architectural plans, etc.). It is anticipated that the Initial Study prepared in 2007 by the City will form the initial basis for PMCs CEQA evaluation and that the specific mitigation measures incorporated into that analysis will form the basis of the mitigation strategy for this effort. It is noted that the Citys 2007 Initial Study did not incorporate climate change and greenhouse gas emissions in its analysis (now a required part of a CEQA analysis). PMC will update the Citys Initial Study work to include the required analysis on this subject as part of the effort including the preparation of a GHG/AQ analysis using the CalEEMod software for inclusion in the Initial Study. Specific work tasks to be completed as part of this task include the following: 1) Research the proposed project site to determine/verify existing land use and zoning conditions; acquire all existing roadway and traffic circulation data (from the City of Lakeport, Lake County, and/or Caltrans); identify infrastructure availability and capacity of the necessary public services; and coordinate and seek input from potential permitting agencies as necessary (Caltrans, RWQCB, Lake County AQMD, Lake County, etc.). During this research and information gathering process, PMC will regularly communicate with the Safeway project management team to distribute and discuss the information being received and to coordinate efforts related to PMCs information gathering process. 2) Following the completion of the information gathering process, PMC will prepare a draft Initial Study/Mitigated Negative Declaration pursuant to the requirements of CEQA Section 15070 in support of the project. The draft document will initially be provided only to the City project manager for the purpose of providing comments and input to PMC on the draft analysis. PMC will coordinate with the City to determine the appropriate time to circulate the document to the applicant team following the incorporation of all City revisions. PMC anticipates that specific focus areas may include aesthetics, air quality, cultural resources, greenhouse gases and global
climate change, grading and drainage, utilities, circulation and traffic, noise, and hazards. PMC anticipates that the Safeway project team will provide all necessary information related to property ownership, drainage, and utility infrastructure for the project, as well as any available technical studies or design reports (Phase I reports, drainage studies, etc.). This proposal assumes that PMC will not be directly preparing any special studies (with the exception of the required air quality/GHG emissions analysis) for the project. Should the Initial Study/Mitigated Negative Declaration process identify any potentially significant impacts, PMC will stop work immediately, inform the City and Safeway project managers of the situation, provide suggestions to address the potential issue or issues, and await further instruction prior to expending additional resources. 3) Following the incorporation of edits and comments on the draft IS/MND document from the City and Safeway project team, PMC will prepare the document for submittal to the City for review with the project application package prepared as part of Task 2. Deliverables/Meetings: PMC will provide one (1) electronic and three (3) hard copies of the draft IS/MND to the City project manager for review and comment. Upon the incorporation of edits to the draft IS/MND document, PMC will prepare one (1) electronic (full document) and fifteen (15) hard copies of the draft IS/MND summary of CD for submittal to the City of Lakeport for the purposes of public distribution and/or submital to the State Clearinghouse. PMC will prepare drafts of all necessary CEQA notices (Notice of Intent, Notice of Determination, etc.) for publication and distribution by the City. Assumptions: PMC assumes that the City will review the administrative draft document and return comments in a timely fashion. Further, PMC assumes that the City or Applicant will pay cost costs associated with the filing of the document with the County Clerk/Recorders office and State of California Department of Fish and Wildlife fees and that the City will provide direction as to the filing of the CEQA document for public review with the State Clearinghouse. If it is determined that filing with the SCH is desired, PMC will provide drafts of all submittal forms and will submit the project to the SCH on behalf of the City. PMC assumes that the City of Lakeport will route the project through the regional cultural resource information center (Sonoma State) for information concerning cultural resources or that the City will assist in determining if a cultural resources report will be needed as part of the project application.
TASK 5: PROJECT HEARING SUPPORT

PMC will provide staffing support to the City and the project for the preparation of all required notices; project staff report package and will attend the two (2) required public hearings before the City Planning Commission and City Council (one each). PMCs project manager will attend the required public hearings and assist City staff in addressing any comments or questions offered by the Planning Commission or City Council on the project. Deliverables/Meetings: PMCs project manager will attend the required public hearings (x2); one each at the Planning Commission and City Council level. PMC has assumed attendance and participation at one (1) Planning Commission meeting to present the project for Site Plan and Design Review approval and to present the Parcel Map for Planning Commission recommendation; and, one (1) City Council meeting to provide staff support for the Parcel Map application. Should additional meetings become necessary, PMC will bill the applicant for the additional time necessary to attend additional meetings based upon the hourly rates identified in this proposal.
Assumptions: PMC assumes that Safeway will pay all project application fees and project processing costs associated with undertaking of the project consideration process (legal advertising costs, County filing fees, etc.).
TASK 6: PROJECT MANAGEMENT

For the duration of the project, PMCs project manager will provide bimonthly updates to the City and Safeway project managers summarizing the activities that are occurring on the project and addressing project timelines, current and future schedule topics, budget status, and milestones. The PMC project manager will engage in project communications with the City of Lakeport and the Safeway project team and will work to maintain open communications and information sharing among the project team at all times Deliverables/Meetings: PMCs project manager will provide bimonthly project updates to the Safeway project manager, will engage in regular communication with the City of Lakeport on behalf of the project, and will maintain ongoing availability and communications with the Safeway project team throughout the course of the project. Assumptions: None.
SCHEDULE/TIMELINE
PMC estimates that the time required for the processing of the project beginning at the time of application submittal and concluding with the City Council meeting to approve the project Parcel Map application, including time for the preparation and circulation of the application package and special studies; Initial Study; and, staff report and project consideration package will be approximately five to six (5-6) months following the issuance of a notice to proceed and filing of the project applications. It is noted that PMC does not and cannot control outside service provider review timelines or schedules; cannot shorten or modify legally required review and notice requirements; and, may control the agendas of the Lakeport Planning Commission or City Council.
Task Task 1: Project Initiation/Research/Kickoff Task 2: Coordination and Intake of Project Applications and Submittals 2 weeks 1-2 weeks 6 weeks (assumes a 21-day review period) 3 weeks (assumes availability of all required special studies at time of task initiation) 2 weeks 1 week TBD: 30-days (assuming routing of project to State Clearinghouse) or 21-days (assuming local circulation only) 2 weeks* TBD Ongoing Timeline
Task 3: Preparation, Circulation and Summarizing of Site Plan, Design Review, and Parcel Map Application Review Package to City Departments and Outside Service providers
Task 4: Preparation of Administrative and Public Draft Initial Study/ Mitigated Negative Declaration Internal review of draft Initial Study/MND by City of Lakeport Incorporation of project review comments Mandatory CEQA Public Review and Routing Period
Preparation of response to comments Task 5: Project Hearing Support Task 6: Project Management
* If necessary based on the receipt of document review comments. Timeline assumes that no additional research or technical work is necessary what that described in this Scope of Work to adequately address the comment.
COST
The above scope of work is necessarily flexible to meet the needs of Safeway, Inc., as the application and document preparation process develops and as the application review and approval process proceeds. Our estimate of cost includes the following budget for the completion of the proposed services.
Project Director Project Tasks $190 Task1 : Project Initiation / Research / Kick-off Task 2: Coordination & Intake of Project Applications Task 3: Project Review and Processing Task 4: Preparation of Admin & Draft IS/MND (CEQA) Task 5: Project Hearing Support Task 6: Project Management Fee Proposal 2 4 1 3 11 1 $130 8 4 24 6 20 20 82 2 46 2 2 53 Project Manager Env. Planner/ Air Quality $95 1 Assoc. Planner Planning Tech. Graphics, GIS, Tech Review $90 Admin Support Total PMC Hours Total PMC Labor PMC Direct Costs Total Budget
$90 10 10 42 8 12 4 86
$65 6 2 10 2 4 --24
$75 26 16 $2,615 $1,550 $8,600 $7,495 $4,320 $3,720 $28,300 $1,565 $370 $85 $275 $285 $550 $2,985 $1,635 $8,875 $7,780 $4,870 $3,720 $29,895
2 4 ----6
4 5 ----9
86 75 39 29 271
General Project Assumptions PMC will utilize the Appendix G CEQA Checklist for the Initial Study format unless an alternative checklist is available from the City of Lakeport. The project does not involve environmental analysis work pursuant to the National Environmental Policy Act (NEPA). Safeway will provide PMC with copies of all available project information, including plan sets and specifications, engineering details, project comments from reviewing parties, technical studies, copies of pertinent public meeting materials, and copies of applications and support materials prior to project initiation at no cost to PMC. PMC will not be responsible for costs associated with project noticing, posting, and document filing. PMC will not be acting in the capacity of a signatory agent for the project for the purpose of seeking land use approvals or project implementation permits. PMC will not be responsible under this proposal for the permitting of any work associated with this project.
PRIMARY PMC PROJECT TEAM

Tad Stearn, Principal-in-Charge, Principal Mr. Stearn is a principal with the firm and one of PMCs charter staff members. He manages PMCs Monterey office and is responsible for project management and business development in Northern California and the Central Coast region. Management duties include the oversight of PMC staff for all planning and environmental compliance projects, as well as hands-on project management and on-call consultation service for local clients. Mr. Stearn has over 20 years of professional planning experience, including the preparation of CEQA/NEPA compliance documents, review and processing of current planning applications, advance planning projects (general plans, general plan amendments, specific plans, and area/community plans), visual impact analyses, and special projects. Scott Friend, AICP, Project Manager Mr. Friend is a senior associate with PMC. As a senior associate for PMC, Mr. Friend is responsible for the planning and environmental work of PMCs Chico office. He oversees all work within the office and provides senior-level planning, environmental, and contract staffing services, project management, and planning services. Mr. Friend provides management and senior technical staff services on a wide variety of PMC planning subjects. Prior to working with PMC, he obtained professional planning experience in both local government planning and private sector consulting and managed numerous public and private sector planning activities and programs. Mr. Friend has a variety of local government experience in both current and advance planning activities, including serving as a contract staff planner for various Northern California cities and towns, processing of annexation requests, and environmental documentation.
Seth Myers, Environmental Planner/Air Quality-GHG Analyst Mr. Myers is an environmental planner and air quality/greenhouse gas analyst working out of PMCs Chico office. He is involved in the preparation of initial studies/negative declarations, environmental impact reports, and other CEQA documents as well as providing air quality analysis, greenhouse gas emissions analysis, and environmental team support. Mr. Myers has extensive expertise conducting air quality analyses and a comprehensive working knowledge of the associated regulatory environment. He is proficient in the use of URBEMIS 9.2.4, CALINE 4, EMFAC 2011, CalEEMod, and other industry standard air quality and greenhouse gas analysis tools. He has experience with planning and environmental projects, issues and documents. Mr. Myers has prepared numerous environmental and air quality analyses for public works and public agency projects and works directly with Mr. Friend on all environmental projects in PMCs Chico office. Mike Martin, Environmental Planner Mr. Martin is an environmental planner working out of PMCs Chico office. He is involved in the preparation of initial studies/negative declarations, environmental impact reports, and other CEQA documents as well as providing project management support. Mr. Martin has over 15 years of experience working in the environmental analysis field and has been involved in numerous projects. He has prepared numerous environmental analyses for public works and public agency projects and works directly with Mr. Friend on all environmental projects in PMCs Chico office. Angela Spain, Associate Planner Ms. Spain is an associate planner working out of PMCs Chico office. She is involved with the preparation of initial studies/negative declarations and contract staffing services as well as providing project management support. Ms. Spain has 10 years of experience with current planning, regulatory issues, and environmental projects. She works directly with Mr. Friend on projects in the PMCs Chico office. We appreciate the opportunity to provide this scope of work and fee estimate. If you have any questions regarding our proposal or would like any additional information, please do not hesitate to contact Scott Friend at (530) 894-3469, ext. 13214. Sincerely,
Philip O. Carter President POC:ts:sf:sw:ag
Scott Friend, AICP Senior Associate PMC
P:\California, State of\Lakeport, City of\Safeway Fueling Station and TPM
CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District Lakeport Redevelopment Successor Agency
STAFF REPORT
RE: Housing Program Inspector Contract SUBMITTED BY: Andrew Britton, Planning Services Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 02/18/2014
WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: The Council is being asked to approve the contract between the City of Lakeport and Robert Fogelstrom to perform Program Inspection services for the various City housing programs. Inspections related to our housing programs are separate and distinct from the Building Code inspections that are performed by the Citys Building Official. BACKGROUND: The City of Lakeport currently operates the HOME and CDBG Program Income housing programs. Each rehabilitation project participating in the City programs require a thorough inspection to determine the amount of work required, the estimated cost of the work to be performed, and to insure that construction projects are being completed with the correct grade of materials, with quality workmanship, and in a timely manner. In addition, homes being considered for the First Time Homebuyers Program require inspections and rehabilitation as needed. DISCUSSION: In December 2013, housing staff issued an RFP for a program inspector (Attachment A) which was emailed to a list of qualified local home inspectors. A verbal proposal was received from Housecheck Inspection Services, but their hourly rate is $120. Robert Fogelstrom, a licensed and insured General Contractor, responded with an hourly rate of $50 (see proposal Attachment B). A letter regarding cost reasonableness analysis was required by the State, and that is also attached (Attachment C). OPTIONS: Approve or not approve the proposed contract (Attachment D). FISCAL IMPACT: None $ Account Number: Comments: The expenses for the program inspector will be paid out of the HOME Program fund or the CDBG Housing/Program Income fund as appropriate. There will be no expense to the General fund.
Page 1
SUGGESTED MOTIONS: Move to approve the contract between the City of Lakeport and Robert Fogelstrom, and authorize the City Manager to execute the same.
Attachments:
A. B. C. D.
RFP for Inspection Services Fogelstrom Proposal Cost Reasonableness Analysis Proposed Contract
Page 2
CITY OF LAKEPORT, HOUSING OFFICE 225 PARK STREET, LAKEPORT, CA 95453 phone: (707) 263-5613 ext. 25 / fax: (707) 263-8584 tfranco@cityoflakeport.com LAKEPORT HOUSING OFFICE A REQUEST FOR RESIDENTIAL REHABILITATION PROJECT INSPECTION SERVICES Date: December 3, 2013
Proposal Submission Deadline: December 30, 2013, at 4:30 p.m. at City Hall The City of Lakeport has received State HOME Program funds for the purpose of funding a low income Owner Occupied Rehabilitation Program and a low income First Time Home Buyers Program. Inspection / estimation services are required, and the individual chosen will be hired as the Program Inspector and trained by staff familiar with these programs. PROGRAM INSPECTOR RESPONSIBILITIES: Inspect residential structures to identify health and safety violations. Prepare and process detailed work write-up, including estimating costs. Obtain homeowner approval and local building department approval of the items listed on the work write-up. Produce addendums where required. Conduct pre-construction conferences. Inspect contractors work during construction. Supervise self-help work performed by the homeowner, if any. Produce and process required change orders. Advise housing staff on disbursements to contractors and vendors. Advise homeowners on maintenance routine. Close out job with contractors and homeowners. Assist loan staff in completing borrower file documentation.
It is estimated that this work will require three to four hours per week per project under construction, and there could be up to four projects under construction at one time. For the First Time Home Buyers Program, an inspection of the home being purchased is required. There could be up to three homes per year. PROGRAM INSPECTOR DESIRED QUALIFICATION: Working knowledge of local building codes for the City of Lakeport. Ability to estimate construction costs. Ability to work with low-income homeowners, contractors, and public agency officials to resolve construction project disputes. Ability to work and think independently using organization and departmental guidelines to direct activity. An understanding of the housing and community development needs of low income people. Possession of a B-1 General Contractors license helpful, but not required. Ability to obtain HUD 203K/FHA consulting and inspection certification desired. Lead-Based Paint Awareness Training.
Ability to manage 4+ construction projects concurrently. A valid California Drivers License. Ability to speak Spanish may be helpful. Liability insurance of $1 million.
PROPOSAL REQUIREMENTS: All proposals submitted to the City shall contain the following minimum information and materials: Home Inspector: Name, address, and any certifications you hold. Relevant Work Experience: A listing and discussion of similar work conducted for homeowners or other public agencies. A list of references should also be included. Availability: A statement indicating that you will be available to perform Program Inspector duties within a reasonable period of time. COST SCHEDULE: Your cost schedule should specify an hourly rate, and whether or not you charge for driving time (if you live outside of Lakeport). PROPOSAL SUBMISSION: Please submit two copies of the proposal no later than Monday, December 30, 2013 by 4:30 p.m. to: FOR MAILING OR EMAILING Trisha Franco Housing Specialist City of Lakeport 225 Park Street Lakeport, CA 95453 tfranco@cityoflakeport.com
EVALUATION AND SELECTION PROCESS: Submitted proposals will be evaluated by a committee based on proposal content, availability, hourly rate, organization, quality, and clarity. Past experience on similar projects will also factor into the final choice. QUESTIONS: If you have any questions regarding this Request for Proposals, please call Trisha Franco at 707-263-5613 ext 25. The City encourages minority and female-owned businesses to participate.
AGREEMENT BY & BETWEEN CITY OF LAKEPORT AND ROBERT FOGELSTROM FOR PROGRAM INSPECTION SERVICES RELATING TO CITY HOUSING PROGRAMS THIS AGREEMENT, entered into this __________ day of February 2014, by and between the CITY OF LAKEPORT hereinafter referred to as PRINCIPAL, and ROBERT FOGELSTROM hereinafter referred to as CONSULTANT. WHEREAS, the PRINCIPAL desires INSPECTION services for the HOME and CDBG City housing programs; and WHEREAS, the CONSULTANT is qualified and experienced to provide such INSPECTION services. NOW, THEREFORE, said PRINCIPAL and said CONSULTANT, for the considerations hereinafter and set forth, mutually agree as follows: ARTICLE 1 CONSULTANT Responsibilities
Inspect residential structures to identify health and safety violations. Prepare and process work write-up, including estimating costs. Obtain homeowner approval and local building department approval of the items listed on the work write-up. Produce addendums where required. Conduct pre-construction conferences. Inspect contractors work during construction. Supervise self-help work performed by the homeowner, if any. Produce and process required change orders. Advise housing staff on disbursements to contractors and vendors. Advise homeowners on maintenance routine. Close out job with contractors and homeowners. Assist housing staff in completing borrower file documentation. Term
ARTICLE 2
This AGREEMENT shall commence on the date first written above. The PRINCIPAL or CONSULTANT may terminate this AGREEMENT at any time with or without cause, by giving at least thirty (30) days written notice. If
contract is terminated, CONSULTANT shall be compensated for work performed up to the date of termination. PRINCIPAL and CONSULTANT agree that time is of the essence for CONSULTANT performance of responsibilities enumerated in Article 1. ARTICLE 3 Compensation and Method of Payment
PRINCIPAL will pay CONSULTANT ROBERT FOGELSTROM in the following manner: A. CONSULTANT shall submit an invoice at least once a month, which shall itemize the name of the homeowner, address of the housing project, hours worked, tasks completed, and charges in order for PRINCIPAL to track appropriate charges to various projects. B. The PRINCIPAL will process the request for payment as soon as possible, but within 30 days after receipt of CONSULTANTS invoice. C. CONSULTANT shall be compensated at the rate of $50.00 per hour. ARTICLE 4 Amendments
This AGREEMENT may be amended by a written amendment executed by both parties. ARTICLE 5 Status of Relationship
It is the intent of the parties that under this AGREEMENT, CONSULTANT shall be an independent contractor, and not an employee of the PRINCIPAL. This agreement excludes absolutely any employee-employer relationship between CONSULTANT and PRINCIPAL. PRINCIPAL will not provide workmens compensation insurance, nor pay for other disability compensation. CONSULTANT will be fully responsible for payment of federal and state income taxes, social security, and any other payroll tax obligations that CONSULTANT may owe as a result of compensation received under this AGREEMENT. CONSULTANT shall maintain insurance for the duration of the contract. CONSULTANT shall, at its own expense, comply with PRINCIPAL insurance and liability requirements included as Attachment B to this AGREEMENT. Due to the nature of work involved with this project, CONSULTANT shall not be obligated to maintain Errors and Omissions Liability coverage. CONSULTANT shall furnish a certificate of insurance to PRINCIPAL
The PRINCIPAL reserves the right to inspect or audit work being performed by CONSULTANT, after providing CONSULTANT with a written notice at least two (2) business days before any intended inspection or audit. Work being defined as the duties listed in ARTICLE 1. ARTICLE 6 Affirmative Action
In rendering the services contemplated by this AGREEMENT with the PRINCIPAL, the CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, creed, sex, age, marital status, sexual orientation or national origin. CONSULTANT shall also comply with Title IV of the Civil Rights Act of 1964 and shall provide such reports as may be required to carry out the intent of this section. Furthermore: A. CONSULTANT shall take affirmative action to insure that job applicants are employed and that employees are treated during employment without regard to race, religion, sex, color, age, national origin, or physical handicap. The term affirmative action shall include, but not be limited to, employment, upgrading, demotion, or transfer; recruitment advertisement; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. CONSULTANT agrees to post such notices, to be provided, setting forth the provisions of this equal employment opportunity and affirmative action program. C. CONSULTANT shall in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT state that all qualified applicants will receive consideration to employment without regard to race, religion, sex, color, age, national origin, or physical handicap. Notification that CONSULTANT is an Equal Opportunity Employer or EOE constitutes satisfaction of this notice requirement. ARTICLE 7 Fair Employment Practices
CONSULTANT will permit access to records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices Provision. In the event of any violations by the CONSULTANT of state fair employment laws, the State of California shall have the right to terminate this AGREEMENT either in whole or in part. In the event of such termination, any loss or damage sustained by the State
of California and/or PRINCIPAL in securing the goods or services hereunder shall be borne and paid for by the CONSULTANT and by their surety under performance bond, if any, and, in addition to other remedies, the State of California and the PRINCIPAL may deduct from any monies due or that thereafter become due to the CONSULTANT the difference between the price named in the particular agreements and the actual cost thereof to the State of California and the PRINCIPAL. ARTICLE 8 Compliance with Labor Code of State of California
Pursuant to the provisions of Section 3700 of the Labor Code, CONSULTANT will require every employer to be insured against liability for workmens compensation, or to undertake self-insurance in accordance with the provisions of that code, and will comply with such provisions before commencing the performance of the work of a particular agreement. Furthermore, CONSULTANT shall also provide evidence of workmens compensation insurance, unemployment insurance, and disability insurance to cover all of CONSULTANTs employees. ARTICLE 9 The Civil Rights Act, HCD, Age Discrimination, and Rehabilitation Acts Assurance
During the performance of this contract the CONSULTANT assures that no otherwise qualified person shall be excluded from the participation or employment, denied program benefits, or be subject to discrimination based on race, color, national origin, sex, age, or handicap, under any program or activity funded by this AGREEMENT, as required by Title VI of the Civil Rights Act of 1964; Title I, of the Housing and Community Development Act of 1974, as amended; the Age Discrimination Act of 1975; the Rehabilitation Act of 1973; and all implementing programs. ARTICLE 10 The Training, Employment, and Contracting Opportunities for Business and Lower-Income Persons Assurance of Compliance
A. The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower-income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the area of the project.
B. The parties to this AGREEMENT will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this AGREEMENT. The parties to this AGREEMENT certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The CONSULTANT will send to each labor organization or representative of workers with which there is a collective bargaining agreement or other contract or understanding, if any, a notice advertising the said labor organization or workmens representative of the commitment under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The CONSULTANT will include this Section 3 Clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon finding the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractor or subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. ARTICLE 11 State Non-Discrimination Clause
A. During the performance of this AGREEMENT, CONSULTANT and its subcontractors shall not lawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40), martial status, sexual orientation or sex. Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code
Section 12900 et seq.) And the applicable regulations promulgated thereunder (California Administrative Code Section 12990), set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. CONSULTANT and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. B. This AGREEMENT shall include the non-discrimination and compliance provisions of this clause in all subcontracts to perform work under this contract. ARTICLE 12 Indemnity and Liability
PRINCIPAL shall not be liable for any damage or injuries caused, nor the cost or expense incurred, by CONSULTANT in the performance of any of the CONSULTANTS duties under this AGREEMENT. If a claim or lawsuit is brought against the PRINCIPAL for any damages or injuries caused, or costs and expenses incurred, by CONSULTANT, then CONSULTANT shall defend against and indemnify PRINCIPAL for any such claim or lawsuit. Furthermore, the PRINCIPAL is not liable or responsible for any damages or injuries caused to, nor costs or expenses charged to, the CONSULTANT as a result of CONSULTANTS performance of the duties under this AGREEMENT. ARTICLE 13 Entire Agreement
This AGREEMENT supersedes any and all other agreements, either written or oral, between the parties hereto with respect to the subject matter hereof, and no other agreement, or promises relating to the subject matter of this AGREEMENT which is not contained herein, shall be valid or binding. Provided, however, the parties may later enter into written modifications or amendments to this AGREEMENT, signed and dated by both parties. ARTICLE 14 Attorneys Fees
In the event legal action is needed to enforce the terms of the AGREEMENT, or its breach, the prevailing party in the action shall be entitled to an award of its attorneys fees.
IN WITNESS WHEREOF, the parties hereby have caused this AGREEMENT to be executed on the day and year first written above. CITY OF LAKEPORT By: ___________________________ Margaret Silveira City Manager INSPECTION CONSULTANT By: __________________________ Robert Fogelstrom
ATTACHMENT B INSURANCE REQUIREMENTS FOR CONSULTANTS CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his/her agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). Minimum Limits of Insurance. CONSULTANT shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage, or a level acceptable to the PRINCIPAL. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the PRINCIPAL. At the option of the PRINCIPAL, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the PRINCIPAL, its officers, officials, employees, and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions. The general liability, automobile liability, and workmens compensation policies are to contain, or be endorsed to contain, the following provisions: 1. The PRINCIPAL, its officers, officials, employees, and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, occupied, or used by the CONSULTANT; or automobiles owned, leased, hired, or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the PRINCIPAL, its officers, officials, employees, or volunteers. 2. For any claims related to this project, the CONSULTANTs insurance coverage shall be primary insurance as respects the PRINCIPAL, its officers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the
PRINCIPAL, its officers, officials, employees, or volunteers shall be excess of the CONSULTANTs insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the PRINCIPAL, its officers, officials, employees, or volunteers. 4. The CONSULTANTs insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the PRINCIPAL. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Bests rating of no less than A; VII, unless otherwise acceptable to the PRINCIPAL. Verification of Coverage. CONSULTANT shall furnish the PRINCIPAL with original endorsements affecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the PRINCIPAL. All endorsements are to be received and approved by the PRINCIPAL before work commences. As an alternative to PRINCIPAL forms, the CONSULTANTS insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
CITY OF LAKEPORT
City Council Lakeport Redevelopment Successor Agency City of Lakeport Municipal Sewer District
STAFF REPORT
RE: AB 1600 Annual Update SUBMITTED BY: Daniel Buffalo, Finance Director PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 02/18/2014
WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council is being asked to adopt the attached resolution to reaffirm the necessity of development impact fees. BACKGROUND: AB 1600 requires the City to produce an annual report on the status of each separate account or fund established for development impact fees. The primary purpose of the annual report is to show the necessity of the continued imposition of development impact fees. Every fifth year the City also is required to make certain findings with respect to the monies collected for development impact fees. Additionally, the fiveyear report must show what has been done with the fees that have been collected. DISCUSSION: To be in full compliance with state law, the City must: 1. Spend or commit development impact fees within five years of collecting them, or 2. Adopt a resolution that makes a finding that a reasonable relationship remains between the current need for the fees and the purpose for which they were proposed originally. The City currently collects three different types of impact fees which are described in the attached report. Below are the findings for those impact fees that required acumulation beyond five years. i. A storm drainage impact fee (also known as an impervious surface fee) has been accumulated beyond five years to fund storm drain improvements, typically associated with road maintenance and repair. The collection of this fee and use of the proceeds are critical in maintaining an effective storm drainage system and meeting the capital improvement requirements of that system imposed on the City by its NPDES permit.
ii. A water expansion fee has been accumulated beyond five years to fund capital projects related to increasing the capacity and service deliver to City residents directly resulting from new development and other projects that impact the water treatment and distribution system. The collection of this fee is vitally important to ensuring the City can meet the health and safety needs of its citizens as it grows and expands. iii. A sewer expansion fee has been accumulated beyond five years to fund capital projects related to increasing the capacity and service deliver to City residents directly resulting from new development and other projects that impact the sewer collection and treatment system. The collection of this fee is vitally
Meeting Date: 02/18/2014 Page 1 Agenda Item #VII.C.1.
important to ensuring the City can meet the health and safety needs of its citizens as it grows and expands. Under AB 1600 the City is required to make available to the public a report on development impact fees. The report must be available within 180 days of the close of the fiscal year and must include: 1. A brief description of the type of development impact fee in the account/fund; 2. The amount of the fee; 3. Beginning and ending balances of the account/fund, the amounf of the fees collected and the interest earned; 4. Identification of each public improvement on which fees were expended; 5. The amount of expenditures on each improvement; 6. If the agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, an approximate date by which construction of the public improvement will commence; 7. A description of any interfund transfer or loan; and 8. The amount of refunds paids, if any, from a particular fund. The annual AB 1600 Development Fee Report for fiscal year ended June 30, 2013 was made available to the public on December 31, 2013. OPTIONS: 1. Adopt the associated resolution reaffirming the need of the relevant development fees collected by the City. 2. Do not adopt but provide direction to staff. FISCAL IMPACT (check all applicable boxes): None Budgeted Budget adjustment needed (see attached budget adjustment summary) Amount of appropriation increase: $ Affected fund(s) SUGGESTED MOTIONS: Move to adopt the attached resolution to reaffirm the necessity of AB 1600 development impact fees. $
Attachments:
AB 1600 Development Impact Fee Report for the Year Ended June 30, 2013 Proposed Resolution
Page 2
Agenda Item #VII.C.1.
CITY OF LAKEPORT ANNUAL REPORT OF DEVELOPMENT IMPACT FEES (AB 1600 REPORT) YEAR ENDED JUNE 30, 2013
PREPARED BY FINANCE DEPARTMENT
City of Lakeport Annual Report on Development Impact Fees, Per Government Code 66000 AB 1600 Statement
Analysis of Changes in Fund Balance STORM DRAINAGE FEE (414) Beginning Balance, 07/01/2012 REVENUE Fees Interest Earnings Other Revenue Transfers In EXPENDITURES Utilities - Water Utilities - Sewer Public Works/Engineering Administration Debt service Transfers Out Excess Revenue Over/(Under) Expenditures Ending Balance, 06/30/2013 Expenditures by Project FY 2012-13 STORM DRAINAGE IMPACT Culvert installation/replacement and gutter rehab Transfer out - general administrative overhead Total WATER EXPANSION Mendocino College water line project Mendocino College water line - repayment of loan to College Total SEWER EXPANSION Expansion projects Total Description of Fees The AB 1600 Development Fee is used only for the construction and the expansion of infrastructure to accommodate growth, not for operating or maintenance costs. Revenue will be used to maintain infrastructure standards for three capital types: Storm Drainage Impact Water Expansion Sewer Expansion Storm Drainage Impact AB 1600 development fees are used to fund the design and construction of storm water drainage infrastructure improvements required to mitigate the impact of new development, specifically with the installation of impervious surfaces, such as parking lots, side walks, etc. Water Expansion AB 1600 development fees are used to fund the design and construction of water supply, water treatment, and water distribution system infrastructure improvements required to mitigate the impact of new development. Sewer Expansion AB 1600 development fees are used to fund the design and construction of wastewater treatment and collection infrastructure improvements required to mitigate the impact of new development. Impact and Expansion Fee Schedule Storm Drainage Impact: $0.10 per square foot of new impervious surface (City Resolution # 1401 (84)). Water Expansion: $6,223 for a standard 3/4" meter with an escalating cost for larger meters (e.g. 1 1/2" meter = $24,890. Sewer Expansion: $10,098 per unit in the sewer assessment district (CLMSD) South and $7,456.42, per SFD, in CLMSD North. 14,130 1,482 15,612 79,907 75,203 155,110 % Funded with Development Fee 100.00% 100.00% $ $ 360,301 1,097 7,327 8,424 13,845 285 1,482 15,612 (7,188) 353,113 $ $ WATER EXPANSION FEE (502) 321,414 204,697 1,284 47,804 253,785 79,907 75,203 155,110 98,675 420,089 $ SEWER EXPANSION FEE (602) $ 472,232 425,621 2,595 428,216 428,216 900,448
50.00% 100.00%
0.00%
Prepared by Finance Department City of Lakeport
AB 1600 Annual Report FY 2012-13
RESOLUTION NO. ______ (2014)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT TO REAFFRIM THE NECESSITY OF DEVELOPMENT IMPACT FEES
WHEREAS, The City of Lakeport is required to make certain finding every five years with respect to the unexpended fund balance of certain development impact fee funds pursuant to California Government Code Section 66001; and WHEREAS, the documents reflecting the balance in each development impact fee fund or account, accrued interest in said fund or account, and the amount of expenditure by public facility for the fiscal year have been made available for public review as required by Code Section 66006; and follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeport as
Section 1. That the recitations above are true and correct. Section 2. That the following findings are made as required under Government Code Section 66001: i. The purpose to which each development impact fee is to be put has been identified.
ii. There is a continued need for the improvements and that there is a reasonable relationship between the fee and the impacts for development for which the fees are collected. iii. The sources and amounts of funding anticipated to complete the financing of capital projects have been identified and will be deposited into the appropriate account upon receipt or during the normal Capital Improvement Program budget cycle. Section 3. That these finding are based on information provided in the City of Lakeport operating budget and Five-Year Capital Improvement Program for the fiscal year 2013-14 and the AB 1600 report for the fiscal year 2012-13 on file with the City Clerk. The foregoing Resolution was passed and adopted at a regular joint meeting of the City Council on the 18th day of February, 2014, by the following vote: AYES: NOES: ABSTAINING: ABSENT: ____________________________________ KENNETH PARLET, Mayor ATTEST: ________________________________ JANEL M. CHAPMAN, City Clerk APPROVED AS TO FORM: ____________________________________ DAVID RUDERMAN, City Attorney
CITY OF LAKEPORT
City Council Lakeport Redevelopment Successor Agency City of Lakeport Municipal Sewer District
STAFF REPORT
RE: Professional Service Agreement with Total Compensation Systems SUBMITTED BY: Daniel Buffalo, Finance Director PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 02/18/2014
WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The Council is being asked to approve and authorize the City Manager to sign a professional services agreement (PSA) with Total Compensation Systems, Inc., for the provision of actuarial services required for financial reporting purposes under Governmental Accounting Standards Board (GASB) statements 43 and 45 and as part of the City's potential application to the CalPERS California Employers' Benefit Trust (CERBT) program. BACKGROUND: The City incurs costs to provide what are known as other post-employment benefits (OPEB), commonly referred to as retiree health. A "pay-as-you-go" method is used to fund the plan, meaning only the current premium amounts due are budgeted and paid by the City annually; however, the full cost of providing this benefit is greater than those premiums. The difference is reported as an unfunded liability of the City. An actuarial evaluation of the City's OPEB plan allows management to gauge the full cost of providing it and reporting the liability appropriately in the City's financial statements. DISCUSSION: The report produced from this actuarial evaluation will not only allow the City to present financial statements that are in conformity to Generally Accepted Accounting Principles (GAAP), which include statements 43 and 45, but also will allow management to pursue additional strategies to address unfunded costs associated with its OPEB liability. Namely, staff has explored participating in CalPERS CERBT program, which would allow the City to invest in a fund and utilize the returns to help meet the unfunded liability that is accruing. Identifying long-term liabilities is one of the core policy mandates placed on staff in prudent financial management of the City's resources. GASB recommends these valuations be conducted every three years, as do the CERBT application requirements. Total Compensation Systems has been contracted with the City in the past to provide this service, and management has been satisfied with their performance. For this reason staff recommends continuing the City's relationship with the firm. The amount of this service has been budgeted in the Finance Department's operating appropriation. This request of Council is to authorize the City Manager to sign the PSA, per City ordinance, section 2.10.110.R.
Meeting Date: 02/18/2014 Page 1 Agenda Item #VII.C.2.
OPTIONS: 1. Approve and authorize the City Manager to sign the PSA. 2. Do not approve but provide direction to staff. FISCAL IMPACT (check all applicable boxes): None Budgeted Budget adjustment needed (see attached budget adjustment summary) Amount of appropriation increase: $ Affected fund(s) Funds 110, 501, 601, 705 SUGGESTED MOTIONS: Move to approve and authorize the City Manager to execute the professional service agreement with Total Compensation Systems, Inc., for the provision of actuarial services. Attachments: PSA with Total Compensation Systems, Inc. $3,600.00
Page 2
Agenda Item #VII.C.2.
CITY OF LAKEPORT
STAFF REPORT
RE: Agreement with Utilities Safety Services for CalOSHA Compliance Services SUBMITTED BY: Kelly Buendia, Administrative Services Director PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 02/18/2014
WHAT IS BEING ASKED OF THE CITY COUNCIL: The City Council is asked to authorize the City Manager to enter into a Professional Services Agreement with Utilities Safety Services based on the proposal dated January 31, 2014. BACKGROUND: In 2011, the City Council approved through the budgeting process, funds to update the citys Illness and Injury Prevention Program (IIPP). The IIPP and its correlating policies set forth safety procedures and policy for management and personnel, primarily within the Public Works Department. The citys IIPP governing document had not received a major update since 1995. Staff engaged DKF Solutions to prepare a gap analysis to determine which safety policies would require updating or re-writing. DKF identified 21 policies that needed attention to maintain compliance with CalOSHA. DISCUSSION: With the help of DKF Solutions, staff has made steady progress in updating policies and has established a multi-year plan to achieve policy compliance. Through the policy re-write process and after a surprise inspection by CalOSHA in 2012, staff determined that additional resources were needed to implement the newly adopted policies. DKF Solutions has recommended utilizing Utilities Safety Services (USS) because of their extensive expertise in this area. USS will continue to update policies but will also provide onsite help with implementation of policies by identifying all areas where implementation assistance is needed and creating an action plan. Some examples of action items include assistance with trainings, locating vendors, calendaring events for the future, and identifying appropriate staff to carry on the activities. CalOSHA compliance, specifically within the public utilities field, is very specialized. A formal bid procedure is not required under city ordinance; however, staff has obtained pricing from similar consultants and found USS to be the most competitively priced, with an hourly rate of $90. The other two vendors charged $115 and $135 per hour. The Administrative Services Director serves on a recently developed subcommittee under REMIF to research contracting with a Safety Consultant or hiring a Loss Prevention Analyst. The goal is to meet similar safety needs and achieve cost savings within the 15 cities of REMIF. If the outcome of REMFs research results in similar services provided to the City at lower cost, the contract will allow staff to shift activities to REMIF procured consultant.
Meeting Date: 02/18/2014 Page 1 Agenda Item #VII.D.1.
OPTIONS: 1. Enter into an agreement with Utility Safety Services. 2. Provide staff other direction. FISCAL IMPACT: None $26,000 Account Number: Comments: The policy development totals $6,000 for the named policies and the policy implementation consulting is not to exceed $20,000. The 2013-2014 budget has $17,000 assigned to this project and 2014-2015 budget is anticipated to have a similar amount allocated. SUGGESTED MOTIONS: Move that the City Council authorize the City Manager to enter into a Professional Services Agreement with Utility Safety Services in accordance with the Proposal dated January 31, 2014.
Attachments:
Proposal from Utility Safety Services
Page 2
Agenda Item #VII.D.1.
2412 Stonehouse Ct Napa, CA 94558
phone 707-226-1410 fax 707-226-3065
Utilities Safety Services

YOUR LIFELINE TO SAFEY
~Proposal from Utilities Safety Services (USS) to the City of Lakeport~

This PROPOSAL is made on 01-31-14 by and between Utilities Safety Services (CONTRACTOR) and the City of Lakeport, CA (hereafter referred to as the CLIENT). This PROPOSAL is valid until March 3, 2014. INTRODUCTION: Utilities Safety Services (U.S.S.) is a Woman Owned Business, specializing in a wide variety of public agency and Utilities safety services. The firm, founded in 1998, is licensed in Napa, California and is fully insured in General Liability and Professional Liability Insurances. USS does not have employees, and therefore, does not carry Workers Compensation Insurance. PROJECT TEAM: As Project Manager, Lorri McAuliffe, brings 20 years of water/wastewater experience, and 20 years of industry-specific safety experience to the project. She is a California Certified Grade IV Operator, a Certified Environmental Trainer, and a Certified Utility Safety Administrator. Ms. McAuliffe may employee the services of other qualified subcontractors, as necessary, to provide additional technical support and/or to ensure the project is completed on time. DESCRIPTION: Provide CalOSHA compliance services as indicated in SCOPE. SCOPE: 1. Maximum of 2 site visits per month to assist in implementing CLIENTs CalOSHA safety & health programs to include: a. Developing a comprehensive Safety Program Implementation Checklist b. Using the safety program implementation checklist, perform an implementation gapanalysis to determine compliance against CLIENTs written safety policies and/or CalOSHA requirements. c. Working with CLIENT to develop an Implementation Action Plan detailing what tasks are needed, targeted implementation dates, and estimated resources (time, costs, etc) that will be needed for full implementation. d. Coordinate and track the Implementation Action Plan tasks until completion 2. Develop the following written CalOSHA safety policies. a. Hazwoper First Responder Operations Level (FRO) Policy b. Excavation & Trenching Policy c. Personal Protection Equipment Policy: Does not include PPE Job Hazard Analyses d. Fall Protection: Does not include Fall Job Hazard Analyses 3. Provide a management safety hotline (Q&A) service. DELIVERABLES: 1. Electronic Safety Program Implementation Checklist (internal audit). 2. Written safety program gap-analysis detailing program and/or CalOSHA compliance issues that need to be addressed and/or implemented 3. Written Action Plan detailing the safety implementation tasks and target dates 4. Electronic written safety policies noted in item #2 above
2412 Stonehouse Ct Napa, CA 94558
phone 707-226-1410 fax 707-226-3065
FEES: 1. CONTRACTOR shall provide services described in SCOPE items #1and #3 at an hourly rate of $90.00 per hour plus the cost of materials on the terms set forth below, Compensation. Billable hours include, but are not limited to, meetings, phone and conference calls, site-visits, policy development, reviews and revisions, gap analysis report development, and research. Travel time is billed at one-half the hourly rate to a maximum of 4-hours per day. 2. CONTRACTOR shall provide services described in SCOPE item #2 for a fixed fee as detailed below: a. Hazwoper FRO Policy: $1700 b. Excavation & Trenching Policy: $1400 c. Personal Protective Equipment Policy: $1400 d. Fall Protection Policy: $1500 The maximum amount of compensation to be paid to CONSULTANT under this AGREEMENT, including both payment for professional services and expenses, shall not exceed Twenty Thousand Dollars ($20,000) except for any pre-approved, extra-ordinary reimbursable expenses incurred. Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CLIENT, unless approved in writing, in advance, by CLIENT. COMPENSATION: The CLIENT will be billed monthly showing an itemized list of work performed and associated hours and expenses. CONTRACTOR reserves the right to collect reimbursable expenses not to exceed $500. All reimbursable expenses greater than $500 will be pre-approved by CLIENT. Reimbursable expenses include, but are not limited to, administrative costs such as postage, materials, printing/reproduction costs, and certificates of insurance. All invoices are due net 30. AVAILABILITY: CONTRACTOR is available to begin work on, or after, January 6, 2014 at a mutually agreeable date and time. STANDARD OF CARE/WARRANTY: The parties recognize the complex, subjective, and performance based nature of many environmental, occupational safety and health laws and regulations and the administrative interpretations thereof. In performance of the work, CONTRACTOR must rely upon information derived from secondary sources and personal interviews. Except as specifically required in the scope of work, CONTRACTOR will make no independent investigation as to the accuracy of completeness of the information derived from the secondary sources and personal interviews, and will assume that such information is accurate and complete. All recommendations, findings, and conclusions will be based upon information and circumstances as they existed at the time of preparation (e.g. Federal, state, and local laws; political climate, and other matters that CONTRACTOR deemed relevant.) A change in any fact or circumstance may adversely affect the recommendations, findings, and conclusions expressed in the WORK. Accordingly, except as set forth in the first paragraph of this section, CONTRACTOR makes no other representation, warranty or guarantee, expressed or implied.
ACCEPTANCE: To accept this proposal from Utilities Safety Solutions (CONTRACTOR) for services described in SCOPE under the terms and conditions described herein, please sign below and return. ____________________________________________ ______________________________________ Print Name & Title Signature
___________________ Date

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AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL

Ordinances: Warrants: Minutes: Application No. 2014-004

PUBLIC PRESENTATIONS/REQUESTS: A. Citizen Input:

City Council Agenda of February 18, 2014

CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports, if any: Adjourn

_______________________________________ Janel M. Chapman, City Clerk

Vote on Consent Agenda

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

Minutes of the Lakeport City Council Meeting of 02/04/2014

2. Appointment to Parks and Recreation Commission

Mayor Parlet adjourned the meeting at 7:02 p.m. APPROVED

____________________________________ JANEL M. CHAPMAN, City Clerk

___________________________________________ KENNETH PARTLET, III, Mayor

From: To: Subject: Date:

County of Lake, Health Dept.

Meeting Date: 02/18/2014

Agenda Item #VI.A.

Meeting Date: 02/18/2014

Agenda Item #VI.A.

Meeting Date: 1/21/2014

Agenda Item #IV.A.1

Percentage Low-Income Units 10 11 12 13 14 15 17 18 19 20

Percentage Very Low-Income Units 5 6 7 8 9 10 11

Percentage Density Bonus 20 22.5 25 27.5 30 32.5 35 (maximum)

Percentage Moderate-Income Units 10 11 12 13 14 15 16 17 18 19 20 21 22

ATTEST: _______________________________ JANEL M. CHAPMAN, City Clerk City of Lakeport

Meeting Date: 02/18/2014

Agenda Item #VII.A.1.

Meeting Date: 02/18/2014

Agenda Item #VII.A.1.

Meeting Date: 02/18/2014

Agenda Item #VII.B.1.

Meeting Date: 02/18/2014

Agenda Item #VII.B.1.

September 23, 2013 Revised September 26, 2013

PROJECT OVERVIEW AND UNDERSTANDING

TASK 1: PROJECT INITIATION, INFORMATION ACQUISITION AND KICKOFF

TASK 2: COORDINATION AND INTAKE OF PROJECT APPLICATIONS AND SUBMITTALS

TASK 3: PROJECT REVIEW AND PROCESSING SUPPORT

TASK 5: PROJECT HEARING SUPPORT

TASK 6: PROJECT MANAGEMENT

PRIMARY PMC PROJECT TEAM

Philip O. Carter President POC:ts:sf:sw:ag

Scott Friend, AICP Senior Associate PMC

P:\California, State of\Lakeport, City of\Safeway Fueling Station and TPM

Meeting Date: 02/18/2014

Agenda Item #VII.B.2.

Meeting Date: 02/18/2014

Agenda Item #VII.B.2.

Meeting Date: 02/18/2014

Agenda Item #VII.C.1.

PREPARED BY FINANCE DEPARTMENT

Prepared by Finance Department City of Lakeport

AB 1600 Annual Report FY 2012-13

RESOLUTION NO. ______ (2014)

Meeting Date: 02/18/2014

Agenda Item #VII.C.2.

Proposal from Utility Safety Services

Meeting Date: 02/18/2014

Agenda Item #VII.D.1.

2412 Stonehouse Ct Napa, CA 94558

phone 707-226-1410 fax 707-226-3065