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AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL

(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL
DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESOR
AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY)

Tuesday, May 3, 2016


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:

I.

CALL TO ORDER & ROLL CALL:

II.

PLEDGE OF ALLEGIANCE:

III.

ACCEPTANCE OF AGENDA:
Urgency Items:

IV.

V.

5:00 P.M.
1.

CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code 54957.6): Name


of City Negotiator to Attend Closed Session: Council Members Mattina
and Turner; Unrepresented Employee: City Manager.

2.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code


54956.8): Property Address: Utility Easement concerning 818 Lakeport
Blvd, Lakeport (APN 025-472-05); Agency Negotiator: Margaret Silveira,
City Manager; Negotiating Parties: City of Lakeport and Matt Riveras;
Under Negotiation: Price and Terms of Payment

6:00 p.m.

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.

CONSENT AGENDA:

The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by
the Council at one time without any discussion. Any Council Member may request that any item be removed from
the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the
Consent Calendar portion of this agenda.

A.

Ordinances:

Waive reading except by title, of any ordinances under consideration at this


meeting for either introduction or passage per Government Code Section 36934.

B.

Minutes:

Approve minutes of the regular City Council meeting of April 19, 2016.

C.

Warrants:

Approve the warrant register of April 27, 2016.

D.

Application 2016-011:

Approve Application No. 2016-011 with staff recommendations for the Lakeport
Main Street Associations for the following events: Annual Lakeport Cleanup
(May 14, 2016); July 4 Arts and Craft Fair (July 4, 2016); Trick or Treat Main Street
(October 30, 2015); Taste of Lakeport (August 27, 2016); Shipwreck Days
(October 15, 2016); Trick or Treat Main Street (October 31, 2016).

E.

Application 2016-012

Approve Application 2016-012 with staff recommendations for a Quagga


Prevention Outreach Booth to be set up in Library Park during select events
throughout the summer.

F.

Summer Concert Series:

Approve the proposed MOU between the City and the Bicoastal NorCal Media to
present the 2016, 2017, and 2018 Summer Concert series in Library Park.

G.

Annual Housing Report:

Receive and file the Annual Report on Housing Division Activities and Annual
Housing Element Progress Report for 2014 and 2015

H.

Annual Planning Report:

Receive and file the Planning Department 2015 Year-end Report

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 complete 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.

City Council Agenda of May 3, 2016

VI.

B.

Proclamation:

Presentation of a Proclamation designating May 15-21, 2016 Police Week in the


City of Lakeport.

C.

Proclamation:

Presentation of a Proclamation designating the month of May, 2016 as Military


Appreciation Month in the City of Lakeport.

D.

Proclamation:

Presentation of a Proclamation honoring Ginny Craven for her contributions to


the community, and specifically her work with Tango Mike.

E.

Presentation:

Presentation by Mike Adams of an update on the Soper Reese Theatre.

PUBLIC HEARING
A.

VII.

Traffic Safety Advisory Committee:

Community Development Director


1.

B.

Downtown Improvement
Project

Receive an update on the progress of the Downtown Improvement Project.

Public Works Superintendent


1.

Bid Award:

Authorize the City Manager to sign the construction contract award for the
Bevins Street Pavement Rehabilitation Project to Granite Construction Company

CITY COUNCIL COMMUNICATIONS:


A.

IX.

Adopt a proposed Ordinance of the City Council of the City of Lakeport


Amending Chapter 2.22 of Title 2 of the Lakeport Municipal Code Regarding the
Traffic Safety Advisory Committee.

COUNCIL BUSINESS:
A.

VIII.

Page 2

Miscellaneous Reports, if any:

ADJOURNMENT:

Adjourn

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

_______________________________________
Hilary Britton, Deputy City Clerk

MINUTES

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL

(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE
MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESOR AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY)

Tuesday, April 19, 2016


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:

Mayor Spillman called the meeting to order at 5:03 P.M. and adjourned to closed
session at 5:04 P.M for the following item: Public Employee Performance
Evaluation (Gov. Code 54957): City Manager.

OPEN SESSION:
A.

Report Out of Closed Session:

Mayor Spillman announced there was no reportable action out of closed session.

B.

Labor Negotiator(s):

Mayor Spillman announced that the Council needs to appoint a negotiator for
contract negotiations with the City Manager. Council discussed the appointment
of a negotiator.
A motion was made by Council Member Scheel to nominate Council member
Mattina as a negotiator for contract negotiations with the City Manager. The
motion was carried unanimously by voice vote.
A motion was made by Council Member Scheel to nominate Council member
Turner as a negotiator for contract negotiations with the City Manager. The
motion was carried unanimously by voice vote.

CLOSED SESSION:

Mayor Spillman adjourned to closed session for the following item:


Conference with Labor Negotiator pursuant to Government Code 54957.6;
Name of City Negotiators to Attend Closed Session: Council Members Mattina
and Turner; Unrepresented Employee: City Manager.
Mayor Spillman announced there was no reportable action out of closed session.

I.

CALL TO ORDER & ROLL CALL:

Mayor Spillman called the regular meeting of the City Council of the City of
Lakeport to order at 6:15 p.m. with Council Member Turner, Council Member
Parlet, Council Member Mattina, and Council Member Scheel present.

II.

PLEDGE OF ALLEGIANCE:

The Pledge of allegiance was led by Ron Campos.

III.

ACCEPTANCE OF AGENDA:

A motion was made by Council Member Scheel, seconded by Council Member


Parlet, and unanimously carried by voice vote to move to accept agenda as
posted.

Urgency Items:
IV.

CONSENT AGENDA:

The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by
the Council at one time without any discussion. Any Council Member may request that any item be removed from
the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the
Consent Calendar portion of this agenda.

A.

Ordinances:

Waive reading except by title, of any ordinances under consideration at this


meeting for either introduction or passage per Government Code Section 36934.

B.

Minutes:

Approve minutes of the regular City Council meeting of April 5, 2016.

C.

Warrants:

Approve the warrant register of April 14, 2016.

D.

Application 2016-010:

Approve Application No. 2016-010 with staff recommendations for the annual
Cardboard and Duct Tape Regatta to be held on July 04, 2016.

E.

Westshore Pool:

Approve the proposed Agreement between the City and the County of Lake to
share the costs incurred to reopen the Westshore Pool.

City Council Minutes of April 19, 2016

V.

Page 2

F.

Lake County Marketing Program:

Approve the proposed amendment No. 1 to the Agreement between the City and
the County of Lake for participation in the Lake County Marketing Program

G.

Contract Modification:

Approve the amendment to the professional services agreement for Curren


Consulting for the provision of City Engineering services and authorize the City
Manager to execute the amendment.

Vote on Consent Agenda:

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


Scheel, and unanimously carried by voice vote to approve the consent agenda
Items A-G.

PUBLIC PRESENTATIONS/REQUESTS:
A.

Citizen Input:

Ruth Shriber stated she was speaking on behalf of ten neighbors asking that the
city abate a neighboring property at 767 Third Street and lien the property due to
blight.
Community Development Director Ingram advised that the Building Department
is aware of the situation and will continue to address the issue with the current
owner of the property.
John Saare read one letter from neighbors of the 767 Third Street
aforementioned property. John Saare also commented and affirmed Ms.
Shriber's comments.
Bill Graham requested that bike lanes get marked on Lake Shore Boulevard which
are washed away and/or covered with gravel. Public Works Director Brannigan
advised he would put in a work order for the problem to be addressed.
Suzanne Lyons also commented on the bike lanes. She further asked about
Friday closures of City Offices.
Nicole Wagner asked about Friday closures of City offices.
Wilda Shock spoke about the Lake County Health Leadership Network on Friday
May 6 regarding the Lake County Wellness Road Map Planning for Action.

VI.

PUBLIC HEARING
A.

Traffic Safety Advisory Committee:

City Clerk Buendia presented the staff report regarding the reorganization of the
Traffic Safety Advisory Committee.
Mayor Spillman opened the Public Hearing at 6:45 P.M.
Ann Blue commented that she would like monthly meetings. She further
suggested that membership be extended to the Lakeport zip code.
Suzanne Russell commented that she would like monthly meetings.
Suzanne Lyons commented on the importance of regular meetings.
Ron Campos commented on the importance of the Committee.
Mayor Spillman closed the Public Hearing at 6:58 P.M.
Council discussed the following changes
1.
2.

The Committee to meet every other month, and


Two (2) seats on the Committee to be open to County residents as well
as City residents, to serve at the discretion of the Council.

City Attorney Ruderman advised that with these changes the amended proposed
ordinance would need to come back before the City Council for a second reading
and Public Hearing.
A motion was made by Council Member Scheel, seconded by Council Member
Parlet, and unanimously carried by voice vote to adopt the proposed Ordinance
of the City Council of the City of Lakeport Amending Chapter 2.22 of Title 2 of the
Lakeport Municipal Code Regarding the Traffic Safety Advisory Committee with

City Council Minutes of April 19, 2016

Page 3

recommended changes and set for a second reading/public hearing at the May 3,
2016 regular Council meeting.
VII.

COUNCIL BUSINESS:
A.

Finance Director
1.

Municipal Financing Agency of


Lakeport/Lakeport City Council:
USDA Water Projects Loan
Closing

City Manager Silveira and Finance Director Buffalo presented the staff report
regarding the USDA Water Project loan closing. Cameron Weist, Counsel was
available by telephone to provide further explanation to the Council.
Sitting as the Lakeport City Council:
A motion was made by Council Member Mattina, seconded by Council Member
Scheel , and unanimously carried by voice vote to adopt a proposed Resolution
adopting the USDA RUS Bulletin 1780-27 Loan Resolution.
A motion was made by Council Member Mattina, seconded by Council Member
Turner, and unanimously carried by voice vote to adopt a proposed Resolution
Approving a Trust Agreement, Installment Sale Agreement and Grant agreement
and Certain other Documents in Connection with the Authorization, Preparation,
Sale and Delivery of Municipal Financing Agency of Lakeport, Series 2016 Water
Enterprise Revenue Bonds, and Authorizing and Directing Certain Actions with
Respect thereto.
Sitting as the Municipal Financing Agency of Lakeport Board:
A motion was made by Board Member Scheel, seconded by Board Member
Parlet, and unanimously carried by voice vote to adopt a proposed JPA
Resolution Approving a Trust Agreement, Installment Sale Agreement,
Assignment Agreement and Certain other Documents in Connection with the
Authorization, Preparation, Sale and Delivery of Municipal Financing Agency of
Lakeport, Series 2016 Water Enterprise Revenue Bonds, and Authorizing and
Directing Certain Actions with Respect thereto.

1.

Consultant Selection:

City Manager Silveira presented the staff report regarding the selection of a
consulting firm to research a potential revenue ballot measure.
Nicole Wagner asked about the cost of the consultant.
Suzanne Lyons asked about the length of the survey.
Michael Green showed support for the survey.
A motion was made by Council Member Scheel, seconded by Council Member
Turner, and unanimously carried by voice vote to select Fairbank, Maslin,
Maullin, Metz & Associiates (FM3)to provide public opinion research and
feasibility assessment related to a possible revenue ballot measure, authorize
increased budget appropriations from the general fund reserve in the amount of
$25,000.00, and approve and authorize the City Manager to negotiate final terms
with the firm and execute a professional services agreement with said firm.

2.

Loan Committee

City Manager Silveira presented the staff report regarding the reorganization of
the Loan Committee.
A motion was made by Council Member Mattina, seconded by Council Member
Turner, and unanimously carried by voice vote to relieve current Councilappointed membership to the City of Lakeport Loan Committee of further duties
or commitments to serve, and authorize the City Manager or designee to appoint
membership at his/her discretion.

B.

Community Development Director


1.

Bid Award:

Community Development Director Ingram presented the staff report regarding


the bid award for the Downtown Improvement Project Phase II.
Ron Campos commented about the safety of the sidewalk widening. He also

City Council Minutes of April 19, 2016

Page 4

expressed concerns over road and sidewalk closures in front of his business.
Nicole Wagner posed several questions to the Council regarding contingencies,
old water and sewer infrastructure, trees, and documentation as to the location
of underground infrastructure.
Suzanne Lyons spoke regarding trees and utilities infrastructure.
A motion was made by Council Member Turner, seconded by Council Member
Mattina, and unanimously carried by voice vote to approve a resolution awarding
the contract for the Downtown Improvement Project Phase II to Granite
Construction and authorizing the City Manager to execute the agreement with
associated Construction Change Order No. 1 and approve the request for
substitution of electrical subcontractor.
VIII.

CITY COUNCIL COMMUNICATIONS:


A.

Miscellaneous Reports, if any:

City Manager Silveira had no report.


City Attorney Ruderman will be attending the League of California Cities City
Attorney Conference.
Finance Director Buffalo had no report.
Public Works Director Brannigan thanked the City Council for the opportunity to
work at the City for 17 years.
Chief Rasmussen advised that the Coffee with a Cop event will be held April 21,
2016, and the Town Hall meeting will be held April 25, 2016 at 6:00 pm.
Community Development Director Ingram gave an update on the progress of the
Lakefront revitalization plan.
Administrative Services Director Buendia reported that there will be a retirement
party for Public Works Director Brannigan.
Council Member Turner reported on the Channel Cats Bingo Night to be held
April 23, 2016.
Council Member Mattina expressed appreciation to Mark Brannigan for his years
of service.
Council Member Scheel also thanked Mark Brannigan for years of service. He
mentioned Coffee with a Cop, the Channel Cats Bingo. He will attend Legislative
Days in Sacramento next week.
Council Member Parlet reported that his iPad crashed.
Mayor Spillman thanked Council member Turner for helping plant trees at
Westside park.

IX.

ADJOURNMENT:

Mayor Spillman adjourned the meeting at 8:53 P.M.

_______________________________________
MARK SPILLMAN, Mayor
ATTEST:

_______________________________________
KELLY BUENDIA, City Clerk

MINUTES

SPECIAL TOWN HALL MEETING


OF THE LAKEPORT CITY COUNCIL

Monday, April 25, 2016


City Council Chambers, 225 Park Street, Lakeport, California 95453

ATTENDANCE:

City Manager Silveira welcomed the public to the town hall


meeting at 6:00 p.m. Mayor Spillman, Mayor Pro-Tem Mattina,
Council Member Scheel and Council Member Turner were
present. Council Member Parlet was absent.

PUBLIC SAFETY TOWN HALL:

Chief Rasmussen, Lieutenant Ferguson and Finance Director


Buffalo gave an interactive presentation on the current state of
Public Safety in the City by the Lakeport Police Department.
Questions and comments were received from the public.

ADJOURNMENT:

Mayor Spillman closed the meeting at 8:20 p.m.

____________________________________
Marc Spillman, Mayor
ATTEST:

_________________________________
Kelly Buendia, City Clerk

CITY OF LAKEPORT
Over 125 years of community
pride, progress and service

April 27, 2016

I hereby certify that the attached list of warrants has been audited,
extensions are proper, purchase orders have been issued, and department
heads have been given the opportunity to review and sign claim forms.

______________________________
Daniel Buffalo
Finance Director

225 PARK STREET LAKEPORT, CALIFORNIA 95453 TELEPHONE (707) 263-5615 FAX (707) 263-8584

Check Register
Packet: APPKT00194 - 04-27-16 WARRANTS

Lakeport, CA

By Check Number
Vendor Number
Payment Date
Vendor Name
Bank Code: AP BANK-AP BANK
2404
04/27/2016
ADAMS ASHBY GROUP, LLC.
1644
04/27/2016
AG UNLIMITED
00371
04/27/2016
ALPHA ANALYTICAL LABORATORIES
00109
04/27/2016
ARAMARK UNIFORM SERVICES
2233
04/27/2016
ASTRID VERA
2590
04/27/2016
AT&T
3203
04/27/2016
BANK OF AMERICA
3204
04/27/2016
CARDMEMBER SERVICES
00127
04/27/2016
CLEARLAKE REDI-MIX INC.
2483
04/27/2016
CODE PUBLISHING
2778
04/27/2016
COLANTUANO, HIGHSMITH &
1829
COUNTY OF LAKE MARKETING PROG 04/27/2016
00128
04/27/2016
COUNTY OF LAKE-PUBLIC WORKS
1883
04/27/2016
DEBRA ENGLAND
0331
04/27/2016
DEEP VALLEY SECURITY
2790
04/27/2016
EDWARD A. BEAN
2543
04/27/2016
ENTERPRISE RENT-A-CAR
1982
04/27/2016
EUREKA OXYGEN COMPANY
1080
04/27/2016
FED EX
2421
04/27/2016
FERRELLGAS
1754
GRANITE CONSTRUCTION COMPANY 04/27/2016
2393
HARTFORD RETIREE PREMIUM ACCT 04/27/2016
2044
04/27/2016
IMAGE SALES, INC.
2627
04/27/2016
IT'S ABOUT TIME, INC
3045
04/27/2016
KEVIN M. INGRAM
00364
04/27/2016
LAKE COUNTY ELECTRIC SUPPLY
00183
04/27/2016
LAKE COUNTY RECORD BEE
00183
04/27/2016
LAKE COUNTY RECORD BEE
2413
04/27/2016
LAKE COUNTY WASTE SOLUTIONS
2721
04/27/2016
MAIN STREET NURSERY
2465
04/27/2016
MARGARET SILVEIRA
2693
04/27/2016
MARTIN SCHEEL
1554
04/27/2016
MC CROMETER, INC.
2208
04/27/2016
MENDO MILL & LUMBER CO.
00187
04/27/2016
NAPA AUTO - LAKE PARTS
3096
04/27/2016
NHA ADVISORS
3202
04/27/2016
OCCUPATIONAL HEALTH CENTERS OF CALIF
00387
04/27/2016
PACE ENGINEERING, INC.
00113
04/27/2016
PACE SUPPLY #03391-00
3065
04/27/2016
PAUL R. CURREN
1053
04/27/2016
PEOPLE SERVICES, INC.
00217
04/27/2016
PG&E VO248104
1618
04/27/2016
PITNEY BOWES PURCHASE POWER
1130
04/27/2016
POLESTAR COMPUTERS
00208
04/27/2016
R.B. PETERS
00286
RAINBOW AGRICULTURAL SERVICES 04/27/2016
2794
04/27/2016
REBEKAH DOLBY
2396
04/27/2016
RICOH, USA
3207
04/27/2016
ROTARY CLUB OF LAKEPORT
2383
04/27/2016
SHRED-IT USA LLC
3035
04/27/2016
SUTTER LAKESIDE HOSPITAL
1020
04/27/2016
SWRCB
1200
04/27/2016
SWRCB ACCOUNTING OFFICE
3206
04/27/2016
TARI ROGERS

4/27/2016 4:24:29 PM

Payment Type
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular

Discount Amount
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00

Payment Amount Number


6,100.00
1,625.50
663.00
99.77
213.00
322.39
1,513.25
11,336.41
2,849.63
1,147.50
6,516.60
10,000.00
77.00
675.00
577.54
1,505.20
212.77
884.40
89.53
128.40
7,109.66
19,449.76
19.11
94.50
14.58
50.62
840.52
112.18
92.40
333.39
600.12
541.92
5,161.66
1,648.41
692.27
900.00
734.00
65,064.48
1,231.26
6,625.00
225.00
27,784.28
420.99
4,716.55
605.00
419.26
213.00
264.83
225.00
85.34
70.00
170.00
8,491.50
55.93

49087
49088
49089
49090
49091
49092
49093
49094
49095
49096
49097
49098
49099
49100
49101
49102
49103
49104
49105
49106
49107
49108
49109
49110
49111
49112
49113
49114
49115
49116
49117
49118
49119
49120
49121
49122
49123
49124
49125
49126
49127
49128
49129
49130
49131
49132
49133
49134
49135
49136
49137
49138
49139
49140

Page 1 of 3

Check Register
Vendor Number
1177
3205
00261
3063
1310
00164

Packet: APPKT00194-04-27-16 WARRANTS


Vendor Name
TOM CARLTON
TRACI CHAMPION
UKIAH VALLEY MEDICAL CENTER
URBAN TREE FARM NURSERY
USA BLUE BOOK
WESTGATE PETROLEUM CO., INC.

Payment Date
04/27/2016
04/27/2016
04/27/2016
04/27/2016
04/27/2016
04/27/2016

Payment Type
Regular
Regular
Regular
Regular
Regular
Regular

Discount Amount
0.00
0.00
0.00
0.00
0.00
0.00

Payment Amount
783.95
22,150.34
2,373.06
2,733.31
602.16
460.20

Number
49141
49142
49143
49144
49145
49146

Bank Code AP BANK Summary


Payment Type
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's

4/27/2016 4:24:29 PM

Payable
Count
104
0
0
0
0
104

Payment
Count
60
0
0
0
0
60

Discount
0.00
0.00
0.00
0.00
0.00
0.00

Payment
230,702.43
0.00
0.00
0.00
0.00
230,702.43

Page 2 of 3

Check Register

Packet: APPKT00194-04-27-16 WARRANTS

Fund Summary

4/27/2016 4:24:29 PM

Fund

Name

Period

Amount

998

POOLED CASH

4/2016

230,702.43
230,702.43

Page 3 of 3

From:
To:
Subject:
Date:
Attachments:

Lori Price
Hilary Britton
RE: Application 2016-011 - LMSA Multi-Event Application
Tuesday, April 05, 2016 2:11:18 PM
image006.png

Good afternoon Hilary,

I have reviewed the above subject multi event application for the Lakeport Main Street Association.
I do not find that it will impact County roads in any way. We therefore have no comments or
conditions to add to this permit.

Thank you for the opportunity to comment on these events.

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: Hilary Britton [mailto:hbritton@cityoflakeport.com]
Sent: Tuesday, April 05, 2016 1:52 PM
To: Dean Eichelmann; Cheryl Bennett; Cynthia Ader; Daniel Chance; Doug Grider; Executive
Management; Gary Basor; Jason Ferguson; Jim Kennedy; Linda Sobieraj; Lori Price; Mark Wall
(mwaconsulting@comcast.net); Mike Sobieraj; Pheakdey Preciado; Rebekah Dolby; Ron Ladd; Tina
Rubin
Subject: Application 2016-011 - LMSA Multi-Event Application

Hi all,
Please find attached Application 2016-011 from the Lakeport Main Street
Association for your review. This is a multi-event application which
includes the following:
1.
2.
3.
4.
5.

Downtown Clean-Up Day


Fourth of July Arts & Crafts Fair
Taste of Lakeport
Shipwreck Days
Trick or Treat Main Street

We would like to submit this for Council approval at the May 3, 2016
meeting, so please have your comments back to me by April 26, 2016.
Thank you as always for your input.
Hilary Britton

From:
To:
Subject:
Date:
Attachments:

Ron Ladd
Hilary Britton
RE: Application 2016-012 - Quagga Mussel Education & Outreach
Wednesday, April 20, 2016 3:47:42 PM
image006.png

I think it is quag-tastic

Ron Ladd
Park Lead Worker
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-3578
rladd@cityoflakeport.com

From: Hilary Britton


Sent: Wednesday, April 20, 2016 11:28 AM
To: Cynthia Ader <cader@cityoflakeport.com>; Daniel Chance <dchance@cityoflakeport.com>; Doug
Grider <dgrider@cityoflakeport.com>; Brad Rasmussen <brasmussen@lakeportpolice.org>; Dan
Buffalo <dbuffalo@cityoflakeport.com>; Kelly Buendia <kbuendia@cityoflakeport.com>; Kevin
Ingram <kingram@cityoflakeport.com>; Margaret Silveira <msilveira@cityoflakeport.com>; Mark
Brannigan <mbrannigan@cityoflakeport.com>; Gary Basor <gbasor@lakeportpolice.org>; Jason
Ferguson <jferguson@lakeportpolice.org>; Jim Kennedy <jkennedy@cityoflakeport.com>; Linda
Sobieraj <lsobieraj@cityoflakeport.com>; Mike Sobieraj <msobieraj@lakeportpolice.org>; Rebekah
Dolby <rdolby@lakeportpolice.org>; Ron Ladd <rladd@cityoflakeport.com>
Subject: Application 2016-012 - Quagga Mussel Education & Outreach

Hi all,
Please find attached Application 2016-012 for Quagga Mussel Education &
Outreach submitted by the County Water Resources Department, for your
review and input.
They wish to set up an education booth at the Third Street Boat ramp
during certain events throughout the summer, including, but not limited
to:
Wood & Glory
Memorial Day Weekend
Summer Concerts
Independence Day

Please have your comments back to me by May 27, 2016, so the


application can be considered by Council at the May 3rd meeting, if
necessary.
Thanks,
Hilary Britton
Deputy City Clerk
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x43
hbritton@cityoflakeport.com

MEMORANDUM OF UNDERSTANDING
BETWEEN BICOASTAL NORCAL MEDIA, LLC, AND THE CITY OF
LAKEPORT FOR SUMMER CONCERT SERIES

This Memorandum of Understanding is made by and between Bicoastal NorCal Media,


LLC (hereafter "CONCERT PRODUCER") and the City of Lakeport (hereafter "LAKEPORT").
In consideration of the right to produce the 2016, 2017, a n d 2 0 1 8 Lakeport Summer
Concert Series and use LAKEPORT'S facilities for same, CONCERT PRODUCER agrees as follows:
1. CONCERT PRODUCER agrees to produce and promote ten (10) concerts in accordance
with the City of Lakeport Summer Concert Series Guidelines dated March 2004, as they
may be amended from time to time by mutual agreement of the parties.
2. CONCERT PRODUCER shall pay LAKEPORT in advance $100.00 per concert to partially
defray LAKEPORT'S expenses associated with the use of its Library Park facilities.
3. CONCERT PRODUCER agrees to indemnify and hold harmless for each concert series that
they produce as follows:
a. To the fullest extent permitted by law, CONCERT PRODUCER shall indemnify,
hold harmless, and defend LAKEPORT, its officers, agents, employees and
volunteers from and against any and all claims and losses, costs or expenses for
any damage due to death or injury to any person, whether physical, emotional,
consequential or otherwise, and injury to any property arising out of or in
connection with CONCERT PRODUCER's alleged negligence, recklessness or willful
misconduct or other wrongful acts, errors or omissions of CONCERT
PRODUCER or any of its officers, employees, servants, agents, or subcontractors,
or anyone directly or indirectly employed by either CONCERT PRODUCER or its
subcontractors, in the performance of the 2016, 2017, and 2018 Lakeport Summer
Concert Series or its failure to comply with any of its obligations contained in this
Agreement and the Summer Concert Series Guidelines dated March 2004, except
such loss or damage as is caused by the sole active negligence or willful
misconduct of LAKEPORT. Such costs and expenses shall include reasonable
attorneys' fees due to LAKEPORT's counsel, expert fees and all other costs and
fees of litigation.
b. The obligations of CONCERT PRODUCER under this Section 11 are not limited
by the provisions of any workers' compensation act or similar act. CONCERT
PRODUCER expressly waives its statutory immunity under such statutes or laws
as to LAKEPORT, its officers, agents, employees and volunteers.

-1-

c.
Should the conduct of the 2016, 2017, and 2018 Summer Concert Series
require the use of subcontractors (as opposed to employees or volunteers),
CONCERT PRODUCER agrees to obtain executed indemnity agreements with
provisions identical to those set forth here in this section from each and every
subcontractor or any other person or entity involved by, for, with or on behalf of
CONCERT PRODUCER in the performance of this Agreement. If CONCERT
PRODUCER fails to obtain such indemnity obligations from others as required
herein, CONCERT PRODUCER agrees to be fully responsible and indemnify,
hold harmless and defend LAKEPORT, its officers, agents, employees and
volunteers from and against any and all claims and losses, costs or expenses for
any damage due to death or injury to any person and injury to any property
resulting from any alleged intentional, reckless, negligent, or otherwise wrongful
acts, errors or omissions of CONCERT PRODUCER's subcontractors or any other
person or entity involved by, for, with or on behalf of CONCERT PRODUCER in the
performance of this Agreement. Such costs and expenses shall include
reasonable attorneys' fees incurred by counsel of LAKEPORT's choice.
d. LAKEPORT does not, and shall not, waive any rights that it may possess against
CONCERT PRODUCER because of the acceptance by LAKEPORT, or the deposit
with LAKEPORT, of any insurance policy or certificate required pursuant to
this Agreement. This hold harmless and indemnification provision shall apply
regardless of whether or not any insurance policies are determined to be
applicable to the claim, demand, damage, liability, loss, cost or expense.
4. During the term of this Agreement, CONCERT PRODUCER shall carry, maintain, and keep
in full force and effect insurance against claims for death or injuries to persons or
damages to property that may arise from or in connection with CONCERT PRODUCER's
performance of this Agreement.
a. Such insurance shall be of the types and in the amounts as set forth below:
i. Comprehensive General Liability Insurance with coverage limits of not

less than Two Million Dollars ($2,000,000) including products and


operations hazard, contractual insurance, broad form property damage,
independent consultants, and personal injury where applicable.
CONCERT PRODUCER shall not engage in activity that would require
Comprehensive General Liability Insurance for underground hazard,
explosion or collapse hazard, including but not limited to, use of
fireworks or other pyrotechnics or the erection of any stage or a lighting
structures.
ii. Automobile Liability Insurance for vehicles used in connection with the
performance of this Agreement with minimum limits of One Million

-2-

Dollars {$1,000,000) per claimant and One Million dollars {$1,000,000)


per incident.
iii. Worker's Compensation insurance as required by the laws of the State of
California.
b. Should the conduct of the 2016, 2017 and 2018 Summer Concert Series require
the use of subcontractors (as opposed to employees or volunteers}, CONCERT
PRODUCER shall require each of its subcontractors to maintain insurance
coverage that meets all of the requirements of this Agreement. For purposes of
this subsection only, "subcontractor" shall not mean musical artists CONCERT
PRODUCER pays to perform at the 2016, 2017 and 2018 Summer Concert Series.
c. The policy or policies required by this Agreement shall be issued by an insurer
admitted in the State of California and with a rating of at least A:Vll in the latest
edition of Best's Insurance Guide.
d. CONCERT PRODUCER agrees that if it does not keep the aforesaid insurance in
full force and effect, LAKEPORT may either (i) take out the necessary insurance
and pay the premium thereon at CONCERT PRODUCER's expense; or (ii} provide
CONCERT PRODUCER fifteen {15) days to cure any lapse in aforesaid insurance.
e. At all times during the term of this Agreement, CONCERT PRODUCER shall
maintain on file with LAKEPORT's Risk Manager a certificate or certificates of
insurance showing that the aforesaid policies are in effect in the required
amounts and naming LAKEPORT and its officers, employees, agents and
volunteers as additional insureds. CONCERT PRODUCER shall, prior to
commencement of work under this Agreement, file with LAKEPORT's Risk
Manager such certificate(s).
f.

CONCERT PRODUCER shall provide proof that policies of insurance required


herein expiring during the term of this Agreement have been renewed or
replaced with other policies providing at least the same coverage. Such proof
will be furnished at least two weeks prior to the expiration of the coverages.

g. The general liability and automobile policies of insurance required by this


Agreement shall contain an endorsement naming LAKEPORT and its officers,
employees, agents and volunteers as additional insureds. All of the policies
required under this Agreement shall contain an endorsement providing that the
policies cannot be canceled or reduced except on thirty days' prior written notice
to LAKEPORT. CONCERT PRODUCER agrees to require its insurer to modify the
certificates of insurance to delete any exculpatory wording stating that failure of
the insurer to mail written notice of cancellation imposes no obligation, and to
delete the word "endeavor" with regard to any notice provisions.

-3-

h. The insurance provided by CONCERT PRODUCER shall be primary to any


coverage available to LAKEPORT. Any insurance or self-insurance maintained by
LAKEPORT and/or its officers, employees, agents or volunteers, shall be in excess
of CONCERT PRODUCER's insurance and shall not contribute with it.
i.

All insurance coverage provided pursuant to this Agreement shall not prohibit
CONCERT PRODUCER, and CONCERT PRODUCER's employees, agents or
subcontractors, from waiving the right of subrogation prior to a loss. CONCERT
PRODUCER hereby waives all rights of subrogation against LAKEPORT.

j.

Any deductibles or self-insured retentions must be declared to LAKEPORT.

k. Procurement of insurance by CONCERT PRODUCER shall not be construed as a


limitation of CONCERT PRODUCER's liability or as full performance of CONCERT
PRODUCER's duties to indemnify, hold harmless and defend under Section 11of
this Agreement.

I.

CONCERT PRODUCER shall report to LAKEPORT, in addition to the CONCERT


PRODUCERsinsurer, any and all insurance claims submitted to CONCERT
PRODUCER's insurer in connection with the services under the Agreement.

5. CONCERT PRODUCER will make a good faith effort to "contribute funds, goods, or
services for the purpose of enhancing Library Park" following the season end for each
concert series that they produce.
6. CONCERT PRODUCER shall have a right of first refusal to negotiate an extension of the
Lakeport Summer Concert Series provided said request is made to LAKEPORT in writing
prior to D e c e m b e r 3 1 , 2 0 1 8 .
7. LAKEPORT will consider allowing up to three (3) "special promotional events" during
each concert series. The details of such events will be presented for approval as soon as
practical to the Lakeport City Manager for approval.
8. CONCERT PRODUCER shall ensure that LAKEPORT is listed as a host of the concert series
on promotional materials and announced as such during each concert.
9. CONCERT PRODUCER shall have the right to reserve the six picnic tables on the
northeast side of Library Park to the south of the Third Street Boat Ramp (See Exhibit A
attached).
10. CONCERT PRODUCER will have the right bring retail food sales to the event and to select
the vendors. CONCERT PRODUCER shall be responsible for ensuring all food vendors
obtain, at their or CONCERT PRODUCER's sole cost and expense, all permits and
regulatory approvals necessary , including a

-4-

current City of Lakeport business license and Lake County Health Department permits.
No alcohol shall be sold by the vendors at the event.
a. CONCERT PRODUCER agrees to meet with LAKEPORT staff to determine criteria
and an action plan for retail food sales.

11. Except as provided in section 10, the term of this Agreement shall expire at 11:59 p.m.
on December 31, 2018, unless extended by written agreement of the parties or
terminated earlier in accordance with the following:
a. LAKEPORT may terminate this Agreement for cause on five business days'
written notice to CONCERT PRODUCER. CONCERT PRODUCER may terminate this
Agreement for any reason on sixty calendar days' written notice to LAKEPORT.
CONCERT PRODUCER agrees to cease all work under this Agreement on or
before the effective date of any notice of termination.
b. The parties agree that the covenants contained in Section 3 of this Agreement
shall survive the expiration or termination of this Agreement.
12. In the performance of this Agreement, CONCERT PRODUCER shall not discriminate
against any employee, subcontractor, or applicant for employment because of race,
color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry,
age, physical or mental disability, medical condition or any other unlawful basis.
13. CONCERT PRODUCER is, and shall at all times remain as to LAKEPORT, a wholly
independent contractor. CONCERT PRODUCER shall have no power to incur any debt,
obligation, or liability on behalf of LAKEPORT or otherwise to act on behalf of LAKEPORT
as an agent. Neither LAKEPORT nor any of its agents shall have control over the conduct
of CONCERT PRODUCER or any of CONCERT PRODUCE R's employees, except as set forth
in this Agreement and City of Lakeport Summer Concert Series Guidelines dated March
2004. CONCERT PRODUCER shall not represent that it is, or that any of its agents or
employees are, in any manner, employees of LAKEPORT.
14. All documents referenced as exhibits in this Agreement are hereby incorporated into
this Agreement. In the event of any material discrepancy between the express
provisions of this Agreement and the provisions of any document incorporated herein
by reference, the provisions of this Agreement shall prevail. This instrument contains
the entire Agreement between LAKEPORT and CONCERT PRODUCER with
respect to the transactions contemplated herein. No other prior or written
agreements are binding upon the parties. Amendments hereto or deviations here
from shall be effective and binding only if made in writing and executed by
LAKEPORT and CONCERT PRODUCER.

-5-

ACCEPTED AND AGREED TO:

______________________________

__________________________

MARC SPILLMAN, Mayor


City of Lakeport

Dated

______________________________________
BICOASTAL NORCAL MEDIA, LLC

_________________________________
Dated

-6-

----

----

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: Annual Report on Housing Division Activities & Annual
Housing Element Progress Report for 2014 & 2015
SUBMITTED BY:

MEETING DATE:

05/03/2016

Kevin M. Ingram, Community Development Director

PURPOSE OF REPORT:

Information only

Discussion

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


Receive and file the Annual Report on Housing Division Activities and Annual Housing Element Progress Report
for 2014 and 2015.
BACKGROUND/DISCUSSION:
This report summarizes the various housing programs, as well as development of residential units within the City
of Lakeport that were processed by the Community Development Department over the years of 2014 and 2015.
Additional comments regarding some specific projects are also provided.
Housing Projects
Bella Vista Senior Housing / Total

2014
47*

2015
0

-Very Low Income

10*

-Low Income

37*

-Rehabilitation/ Extremely Low Income

-Rehabilitation/ Very Low Income

-Rehabilitation/ Low Income

-Preservation of at Risk Units/ Extremely Low


Income

-Preservation of at Risk Units/ Very Low


Income

-Preservation of at Risk Units/ Low Income

-Acquisitions of Units/ Extremely Low Income

-Acquisitions of Units/ Very Low Income

Other / Total

Meeting Date: May 3, 2016

Page 1

Agenda Item #IV.G.

-Acquisitions of Units/ Low Income

-Market Value Homes

*Bella Vista Senior Housing was counted as part the housing numbers
For the year 2013, with the building permits being finaled in 2014.
The Home Program:
During 2014, Home grant funds were used for two-First Time Home Buyers programs and two-Owner Occupied
Rehabilitation projects, with none being used in 2015 (see chart above under Other). The home program
expired on January 31, 2016 with all remaining funds returned to the State. A stated goal of the Community
Development Department and the City Council this fiscal year is to develop new strategic plan determining the
direction of the Citys housing program, that may include working with housing advocates the State to provide
funding for future Home grants, that include First-Time Homebuyers and Owner Occupied Rehabilitations.
Emergency Housing:
In October of 2015, the City of Lakeport adopted Resolution No. 2581 amending provisions of the Lakeport
Municipal Code allowing displaced Valley Fire victims to stay in local hotels beyond the 30-day maximum
allowed and waiving initial service fees and deposit collections for displaced households seeking temporary
rental housing within the City. There is currently no data on how many fire victims took advantage of these
provisions.
Senior Affordable Housing Project:
As stated in the year-end report above, the Bella Vista Senior Housing development complex was constructed in
2013, many of the seniors moved in that year prior to the apartments being finaled, and the building permits for
the senior development complex was officially finaled in 2014.
On June 24, 2015, the City approved an additional 32 unit affordable senior apartment complex at 1255 Martin
Street. At this time, no building permits have been pulled for this project.
Housing Element Progress Report and Related Activities:
On August of 2014 the City of Lakeport adopted the City of Lakeport Housing Element. Under State law, each
jurisdiction is required to update the housing element every seven years. The last housing element update was
in 2009. Most of the time and energy was spent on updating the housing element, as well as,: 1) the impacts
associated with the recession limiting development potential, and 2) limited staff resources; during the years of
2014 and 2015 implementation of housing element programs was limited. Over the next several months staff
will be evaluating moving forward with some of those implementation programs identified in the 2014 Housing
Element and presenting additional information to the Planning Commission regarding implementation progress
and priorities during future presentations related to an annual progress report on the entire General Plan, which
includes the Housing Element.
The City of Lakeport Planning Commission reviewed this report at its regular meeting of April 13, 2016 and
directed City staff to forward the Annual Housing Report for 2014 and 2015 to the City Council as an information
item.
OPTIONS:
1. Review and consider the Annual Housing Division Activities and Housing Element Progress Report for 2014
and 2015 as presented by City staff.
2. Request additional information from City staff.
Meeting Date: May 3, 2016

Page 2

Agenda Item #IV.G.

FISCAL IMPACT:
None

Budgeted Item?

Budget Adjustment Needed?


Affected fund(s):

Yes

General Fund

No

Yes

No

If yes, amount of appropriation increase: $

Water OM Fund

Sewer OM Fund

Other:

Comments: None
SUGGESTED MOTIONS:
Move to receive and file the Annual Report on Housing Division Activities and Annual Housing Element Progress
Report for 2014 and 2015.

Attachments:

Meeting Date: May 3, 2016

1. 2014 Lakeport Progress Report/Housing Element Tracking System


2. 2015 Lakeport Progress Report/Housing Element Tracking System

Page 3

Agenda Item #IV.G.

ATTACHMENT 1

ATTACHMENT 1

ATTACHMENT 1

ATTACHMENT 2

ATTACHMENT 2

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: Planning Department 2015 Year-end Report
SUBMITTED BY:

MEETING DATE:

05/03/2016

Kevin M. Ingram, Community Development Director

PURPOSE OF REPORT:

Information only

Discussion

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


Receive and file the Planning Department 2015 Year-end Report.
BACKGROUND/DISCUSSION:
This report summarizes the various Land Use Applications that were processed by the Community Development
Department in 2015. Additional comments regarding some specific projects are also provided.
Listed in separate tables are summaries of the departments enforcement activities including general
zoning/nuisance violations and nuisance vehicle abatement.
YEAR-END REPORT:
1. Land Use Applications
Application Type
Annexation

2014
0

2015
0

Archaeological Review

Architectural and Design Review

13

Revise Approved Plan/Project

Categorical Exemption

25

11

Conversion

Environmental Review

Environmental Impact Reports

Fence Review (Residential)

Free-Standing Sign

2014

2015

General Plan Amendment

Lot Line Adjustment

Application Type

Meeting Date: May 3, 2016

Page 1

Agenda Item #IV.H.

Major Subdivision

Other (including General Plan Consistency


Reports and Certificates of Compliance)

Tentative Parcel Map

Shoreline Development

Specific Plan

Use Permit

Variance

Voluntary Merger

Zone Change/Zoning Ordinance Amendment

Zoning Permit (outdoor sales, live


entertainment, commercial fences)

Home Occupation Permit

71

41

Totals

There was a near 60% decrease in the total number of planning-related applications that were processed in
2015 when compared to 2014. This is not unexpected as the Lake County Market typically lags a year or two
behind the rest of the State which is just now beginning to recover from the effects of the Great Recession.
Important projects included this past year have included the granting of land use entitlements for the Lakeport
AutoZone project and a potential second phase to the Martin Street Affordable Senior Housing Project. Staff has
also made great strides in the completion of several capital improvement projects including the Downtown
Improvements Phase II and the relocation of the Lakeport Police Department operations. 2015 also saw
progress made towards the annexation of the South Main Street/Soda Bay Road corridor area. Work included
the updating of the Land Use, Conservation and Open Space Elements of the General Plan and the updating of
the Citys Sphere of Influence by LAFCO. A formal application for annexation is planned for later this year.
Other notable projects have included the Tribal Health addition, Vector Control general plan and zoning change
request, Verizon Wireless monopine use permit request and the Burger King Remodel project.
In addition to the land use development permit information provided it is also worth noting that the Citys
Building Division issued only two (2) permits for new single family home construction in 2014 and only one (1) in
2015. Also prime indicators of the lingering effects of the Great Recession upon local development activities.
2. Code Enforcement Activities
Nuisance abatement and zoning violations:
File
Complaint Address
Number
15-01 2375 Parallel Dr.
15-02
15-03
15-04
15-05
15-06
15-07

701 N. High St.


852 Fourteenth St.
2360 Giselman St.
1400 N. Forbes St.
35 Lupoyoma
140 Ruby Dr.

Meeting Date: May 3, 2016

Nature of Complaint
Outdoor storage and sale of firewood, heavy equipment storage,
accumulation of nuisance materials.
New fence posts in violation of Muni Code
Outdoor accumulation of nuisance materials
Outdoor storage and accumulation of nuisance materials
New front yard fence height in violation of Muni Code
Uncovered front porch light creating nuisance glare
Continued outdoor accumulation of junk, trash, and debris in front and side
Page 2

Agenda Item #IV.H.

File
Number

Complaint Address

15-08 300 Ninth St.


15-09 175 Armstrong St.
15-10 302 N. Main St.
15-11 1101 N. High St.

15-12 2195 S. Main St.


15-13 145 N. Main St.
15-14
15-15
15-16
15-17
15-18

170 First St.


421 Forest Dr.
2055 Lakeshore Blvd.
625 N. Forbes St.
340 N. Forbes St.

15-19 1595 N. Main St.


15-20 801 Armstrong St.

Nature of Complaint
yard areas.
Outdoor accumulation of junk and misc. items;
Temporary fabric carport located in the front yard setback area
Outdoor accumulation of construction debris and misc. trash and visible
graffiti
People living in travel trailer in front yard for approx. 6 months. No hookups,
people urinating outside and other nuisance behavior disturbing the
neighborhood.
Potential storm water violations and unauthorized accumulation of nuisance
materials
Storm water violation; discharge of water, ice, and wastewater into
street/storm gutter
Retail sales activities in SFD located in Central Business District
Outdoor irrigation in violation of CC Resolution / new irrigation rules
Outdoor irrigation violation water runoff going into the street and drain
Outdoor accumulation of nuisance materials including discarded items.
Outdoor accumulation of nuisance materials including discarded items and
other debris.
Waste water running from outdoor washing machine into the driveway and
storm drain.
Outdoor accumulation of nuisance materials including discarded items and
other debris.

The majority of the nuisance abatement cases and zoning violations listed above resulted from complaints
received from the public. All complaints are investigated and in most cases were resolved in a timely manner.
Staff initiates abatement and enforcement activities when the situation warrants attention.
Staff investigated and responded to 20 nuisance and zoning violations in 2015 which was a slight increase of
violations over 2014 (16 total).
Nuisance vehicle abatement:
Case
Number
15-07
15-08
15-17
15-21

Voluntary
Abatement
Yes
Yes
Yes

Location of Violation
140 Ruby Dr.
300 Ninth St.
625 N. Forbes St.
Linda Ln. / Parallel Dr.

Vehicle Towed

The volume of nuisance vehicle abatement cases was is the same in 2015 as 2014 when 4 cases were initiated.
The majority of the vehicle abatement cases result from citizen complaints, all of which are investigated.
Complaints regarding vehicles which are parked on the public street for long periods, but are currently
registered and operable, are forwarded to the Police Department as 72-hour parking violations.
The City of Lakeport Planning Commission reviewed this report at its regular meeting of February 10, 2016 and
directed City staff to forward the Planning Department 2015 Year-end Report to the City Council as an
information item.
Meeting Date: May 3, 2016

Page 3

Agenda Item #IV.H.

OPTIONS:
1. Review and consider the Planning Department 2015 Year-end Report as presented by City staff.
2. Request additional information from City staff.
FISCAL IMPACT:
None

Budgeted Item?

Budget Adjustment Needed?


Affected fund(s):

Yes

General Fund

No

Yes

No

If yes, amount of appropriation increase: $

Water OM Fund

Sewer OM Fund

Other:

Comments: None
SUGGESTED MOTIONS:
Move to receive and file the Planning Department 2015 Year-end Report.

Attachments:

Meeting Date: May 3, 2016

Page 4

Agenda Item #IV.H.

Proclamation
OF THE CITY COUNCIL
OF THE CITY OF LAKEPORT
To recognize National Police Week 2016 and to honor the service and sacrifice of those law enforcement
officers killed in the line of duty while protecting our communities and safeguarding our democracy.
WHEREAS, there are approximately 900,000 law enforcement officers serving in communities across the
United States, including the dedicated members of the City of Lakeport; and
WHEREAS, nearly 60,000 assaults against law enforcement officers are reported each year, resulting in
approximately 16,000 injuries; and
WHEREAS, since the first recorded death in 1791, more than 20,000 law enforcement officers in the United
States have made the ultimate sacrifice and been killed in the line of duty; and
WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law
Enforcement Officers Memorial in Washington, D.C.; and
WHEREAS, 252 new names of fallen heroes are being added to the National Law Enforcement Officers
Memorial this spring, including 123 officers killed in 2015 and 129 officers killed in previous years;
WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the National
Law Enforcement Officers Memorial Funds 28th Annual Candlelight Vigil, on the evening of May 13, 2016;
WHEREAS, the Candlelight Vigil is part of National Police Week, which takes place this year on May 15-21;
WHEREAS, May 15 is designated as Peace Officers Memorial Day, in honor of all fallen officers and their
families and U.S. flags should be flown at half-staff;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lakeport does hereby designates May 15-21,
2016

Police Week
in the City of Lakeport, and publicly salutes the service of law enforcement officers in our community and in
communities across the nation.;
I have hereunto set my hand and caused the Seal of the City of Lakeport to be affixed this 3RD day of May, 2016.

_________________________________
MARC SPILLMAN, Mayor

Proclamation
OF THE CITY COUNCIL
OF THE CITY OF LAKEPORT
Designating the Month of May 2016 as Military Appreciation Month
WHEREAS, the freedom and security that citizens of the United States enjoy today are the
direct results of the sacrifice and continued vigilance by the United States Armed Forces over the
history of our great nation; and
WHEREAS, members of the United States Armed Forces and of the family members who
support them have preserved the liberties that enrich this nation, making it unique in the world
community; and
WHEREAS, in 2004 the United States Congress passed a resolution proclaiming May as
National Military Appreciation Month, calling all Americans to remember those who have given their
lives in defense of freedom and to honor the men and women of our Armed Services who have
served and continue to serve our Country; and
WHEREAS, the names of these dedicated public servants are engraved on the walls of the
National Law Enforcement Officers Memorial in Washington, D.C.; and
WHEREAS, the months of May and June were selected for this display of patriotism because
during these months we celebrate Victory in Europe (VE) Day, Military Spouse Day, Loyalty Day,
Armed Forces Day and Week, National Day of Prayer, Memorial Day, Navy Day, Army Day and Flag
Day;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lakeport does hereby
designates the month of May 2016 as

Military Appreciation Month


in the City of Lakeport, and calls upon all residents to show their gratitude and appreciation for our
Military personnel by the appropriate display of flags and ribbons.
I have hereunto set my hand and caused the Seal of the City of Lakeport to be affixed this 3RD day of
May, 2016.

_________________________________
MARC SPILLMAN, Mayor

Proclamation
OF THE CITY COUNCIL
OF THE CITY OF LAKEPORT
WHEREAS, Ms. Cravens family has been in Lake County since the 1800s, and its these strong Lake County roots
that helped to form her impressive commitment to serving her neighbors.; and
WHEREAS, Ms. Craven is a retired Senior Deputy Probation Officer for Lake County, and for 14 years, she has
served as a volunteer firefighter and Emergency Medical Technician with the Lucerne Fire Department; and
WHEREAS, Ms. Craven has a long history of ensuring service members, veterans and their families receive the
care and services they need. For the past 13 years, she has led Operation Tango Mike, an all-volunteer non-profit
organization that has sent over 16,000 care packages to troops serving overseas; and
WHEREAS, Ms. Craven serves as an honorary member on the United Veterans Council of Lake County, the Military
Funeral Honors Team of Lake County, and the Pearl Harbor Survivors of Lake County; and
WHEREAS, Ms. Craven serves as a liaison for local Gold Star families and Operation Homefront, and provides
publicity, fundraising, and social media expertise for multiple veteran organizations; and
WHEREAS, Ms. Craven has put her organizational talents and volunteer connections to work in California to assist
her community during and after the Rocky and Valley Fires, coordinating with the U.S. Army to bring an engineer battalion
to Lake County for flood prevention operations; and
WHEREAS, In recognition of her numerous contributions to her community, Ms. Craven was named as the 2007
Lake County Friend of the Veteran, the 2008 Stars of Lake County Woman of the Year, and the Grand Marshal of the Lake
County Fair in 2011; and
WHEREAS, for her contributions to the United States Army, Ms. Craven received the U.S. Army Freedom Team
Salute in 2010, and for her dedication to community service, she received the Byron Whipple Award from the Lake County
Association of Realtors in 2012; and
WHEREAS, Ginny Craven has dedicated countless hours to improving the welfare of deployed troops, veterans,
and her neighbors, and it is fitting and proper that we honor her here today;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lakeport does hereby recognize, extend its
appreciation to, and commend

Ginny Craven
I have hereunto set my hand and caused the Seal of the City of Lakeport to be affixed this 3rd day of May, 2016.

_________________________________
MARC SPILLMAN, Mayor

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: Adoption of Ordinance Related to the Traffic Safety Advisory
Committee
SUBMITTED BY:

MEETING DATE:

05/03/2016

Kelly Buendia, City Clerk

PURPOSE OF REPORT:

Information only

Discussion

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


The City Council is asked to adopt an ordinance regarding the Traffic Safety Advisory Committee.
BACKGROUND/DISCUSSION:
At its April 5 and April 19, 2016 meetings, the City Council introduced and took public testimony in regards to an
ordinance related to the Traffic Safety Advisory Committee (TSAC). The proposed ordinance was submitted with
changes aimed at removing recruitment barriers, recruitment inefficiencies and operational inefficiencies. After
testimony from public and Committee members, Council requested two amendments to the proposed
ordinance. First, Council agreed to set the meetings to every other month. Second, Council asked that
membership be opened to a maximum of two non-residents. Changes to the proposed ordinance are attached.
OPTIONS:
The Council could reject or amend the proposed ordinance.
FISCAL IMPACT:
None

Budgeted Item?

Budget Adjustment Needed?


Affected fund(s):

Yes

General Fund

No

Yes

No

If yes, amount of appropriation increase: $

Water OM Fund

Sewer OM Fund

Other:

Comments:
SUGGESTED MOTIONS:
Move to adopt Ordinance of the City Council of the City of Lakeport Amending Chapter 2.22 of Title 2 of the
Lakeport Municipal Code Regarding the Traffic Safety Advisory Committee.
Attachments:

Meeting Date: May 3, 2016

1. Proposed Ordinance as amended

Page 1

Agenda Item #VI.A.

ATTACHMENT 1

Ordinance No.

(2016)

AN ORDINANCE OF THE CITY COUNCIL OF THE


CITY OF LAKEPORT AMENDING CHAPTER 2.22 OF TITLE 2
OF THE LAKEPORT MUNICIPAL CODE REGARDING THE TRAFFIC SAFETY
ADVISORY COMMITTEE
THE CITY COUNCIL OF THE CITY OF LAKEPORT DOES ORDAIN AS FOLLOWS:
SECTION 1. Amendment to Chapter 2.22 Traffic Safety Advisory Committee
Chapter 2.22 Traffic Safety Advisory Committee of Title 2 of the Lakeport Municipal Code is
hereby repealed in its entirety and replaced with the following:

Sections:
2.22.010
2.22.020
2.22.030
2.22.040

Chapter 2.22
TRAFFIC SAFETY ADVISORY COMMITTEE

Committee established--Composition.
Terms of committee members--Vacancies and compensation.
Organization of commission--Meetings, officers, minutes.
Powers and duties.

2.22.010 Committee established--Composition.


There is established a traffic safety advisory committee consisting of the following persons:
A.
Five voting members, citizens-at-large, at least three who are residents of the city and
up to two members who may be non-residents of the city, to be appointed by the city council
on the basis of interest and qualification.
B. The City Manager shall appoint appropriate staff members and a staff liaison to
coordinate the activities of the committee.

2.22.020 Terms of committee members--Vacancies and compensation.


A.
Terms. Members of the traffic safety advisory committee shall serve for a term of four
years upon appointment by the city council. Vacancies on the commission occurring otherwise
than by expiration of term of office shall be filled for the unexpired term by appointment by the
city council.
B.
Vacation or Removal From Office. Members of the traffic safety advisory committee
shall be removed from office or their office declared vacant in the following manner and for the
following reasons:
1.

By a majority vote of the council;

ATTACHMENT 1

2.
If a member is no longer a permanent resident of the city of Lakeport, in which
event his/her removal shall be automatic and no action by the council is necessary;
3.
If a member is absent from four noticed regular meetings of the committee in any
twelve-month period, except for good cause as determined by members of the committee,
his/her removal shall be automatic and no action by the council is necessary.
C.
Compensation. Members of the traffic safety advisory committee shall receive no
compensation. (Ord. 719 (part), 1991)
2.22.030 Organization of commission--Meetings, officers, minutes.
A.
Meetings. The traffic safety advisory committee meetings shall be set as needed as
determined by appointed the staff liaison. The traffic safety advisory committee shall hold at
least one regular meeting every other month for the transaction of business, except if no
agenda items have been proposed, then the regularly scheduled meeting may be cancelled.
B.
Officers. The traffic safety advisory committee shall meet, at its first meeting each year
and elect a chairman and vice-chairman from members of the committee. Their duties shall
respectively be such as are usually carried by such officers. Such officers shall hold office for
one year, or until their successors are elected.
C.
Minutes. The city clerk, or his/her designate, shall act as secretary to the committee, and
shall keep a record of its proceedings and transactions. Minutes of the commission shall be filed
with the city clerk (Ord. 719 (part), 1991)
2.22.040 Powers and duties.
The powers, duties and responsibilities of the traffic safety advisory committee shall be to make
recommendations to the city council regarding:
A.

Traffic safety;

B.

Pedestrian safety;

C.

Parking, as it relates to traffic safety. (Ord. 719 (part), 1991)

SECTION 2. Severability. Should any provision of this Ordinance, or its application to any
person or circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable.
SECTION 3. CEQA. This ordinance is not a project subject to the California Environmental
Quality Act (CEQA). Project does not include general policy and procedure making or
[o]rganizational or administrative activities of governments that will not result in direct or

ATTACHMENT 1

indirect physical changes in the environment pursuant to CEQA Guidelines 15378(b). In


addition, this ordinance is exempt from CEQA because it does not apply to the modification,
structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies
that are not designed to increase services or expand a system pursuant to CEQA Guidelines
15273.
SECTION 4.

Effective Date.

This Ordinance shall take effect thirty (30) days after adoption

as provided by Government Code section 36937.


SECTION 5. Certification. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall give notice of its adoption as required by law. Pursuant to Government
Code section 36933, a summary of this Ordinance may be published and posted in lieu of
publication and posting the entire text.
INTRODUCED and first read at a regular meeting of the City Council on the 5th day of April 2016,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
FINAL PASSAGE AND ADOPTION by the City Council occurred at a meeting thereof held on the
19th 3rd day of April,May, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
___________________________
MARC SPILLMAN, Mayor
ATTEST:
____________________________________
KELLY BUENDIA, City Clerk

Formatted: Superscript

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: Bevins Street Pavement Rehabilitation Contract Award
SUBMITTED BY:

MEETING DATE:

5/03/2016

Paul Curren, City Engineer


Doug Grider, Public Works Superintendent

PURPOSE OF REPORT:

Information only

Discussion

Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:


The City Council is being asked to review and award the construction contract to the low bidder on the project
to Granite Construction Company for the amount of $412,926.00
BACKGROUND/DISCUSSION:
The project consists of pavement rehabilitation of Bevins Street from Lakeport Boulevard to Martin Street. Two
separate approaches are used on the two distinct roadway segments.
The first segment is from Lakeport Boulevard to approximately 200 feet north of Bevins Court. This segments is
mostly developed with curb, gutter and sidewalk and has been widened to a variety of widths. The pavement in
this segment has some pavement failures which require spot repair and the entire pavement section will receive
a pavement overlay consisting of a leveling course of asphalt concrete; a pavement reinforcing mat to retard
reflective cracking and provide waterproofing; and a surface course of hot mix asphalt.
The second segment is from 200 feet north of Bevins Court to Martin Street. This segment has curb and gutter
on the west side. On the east side the edge has an asphalt berm to control drainage. This segment has
completely failed and must be replaced with 6 inches of new hot mix asphalt.
After completion of the paving, all pavement markings will be replaced with long lasting thermoplastic
pavement markings.
The project design was completed and put out to bid in March, 2016. Bids were opened on April 21, 2016. Two
bids were received as follows: $412,926.00 by Granite Construction and $462,672.00 by Mendocino
Construction Services. Other contractors were aware of the project but decided not to submit a bid.
OPTIONS:
1. Award the construction contract to Granite Construction Company as presented by staff.
2. Reject all bids and direct staff to re-issue the Request for Proposals.
3. Reject all bids and take no further action.

Meeting Date: 05/03/2016

Page 1

Agenda Item #VII.B.1.

FISCAL IMPACT:
None

Budgeted Item?

Budget Adjustment Needed?


Affected fund(s):
Tax Fund (HUTA)

Yes

General Fund

No

Yes

No

If yes, amount of appropriation increase: $

Water OM Fund

Sewer OM Fund

Other: Fund 203-2105: Gas

Comments: The preliminary budget for the project established two years ago was $330,000. Upon completion
of engineering and design for the project earlier this year, the engineers estimate for the project was $380,600.
The low bid was 8.5% over the engineers estimate. Over of this amount was due to higher than expected
prices for the hot mix asphalt.
The project will be paid from Highway Users Tax Account (HUTA) funds. There are sufficient funds in this account
to cover the cost of the project.
SUGGESTED MOTION:
Move to authorize the City Manager to sign the construction contract award for the 2016 Bevins Street
Pavement Rehabilitation Project to Granite Construction Company.

Attachments:

Meeting Date: 05/03/2016

1. Draft Construction Contract


2. Bid Result Summary

Page 2

Agenda Item #VII.B.1.

ATTACHMENT 1

ARTICLES OF AGREEMENT

2016 BEVINS STREET PAVEMENT REHABILITATION PROJECT


BID NO. 16-02
IN THE CITY OF LAKEPORT, CALIFORNIA
AGREEMENT

2016 PAVEMENT REHABILITATION PROJECT, ,Bevins Street: Martin Street to Lakeport


Boulevard, BID NO. 16-02 AGREEMENT (AGREEMENT) is made and entered into for the abovestated project this 3rd day of May, 2016, BY AND BETWEEN the City of Lakeport, a municipal
corporation, hereafter designated as AGENCY, and Granite Construction Company, a California
corporation, hereafter designated as CONTRACTOR.
WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:
ARTICLE I: Contract Documents
The contract documents for the 2016 PAVEMENT REHABILITATION PROJECT Bevins
Street: Martin Street to Lakeport Boulevard BID NO. 16-02 shall consist of the Notice Inviting Sealed
Bids, Instructions To Bidders, Bid Proposal, Bid Schedule, Standard Specifications, Special Provisions,
and all referenced specifications, details, standard drawings, and appendices; together with two signed
copies of the AGREEMENT, two signed copies of required bonds; one copy of the insurance certificates,
permits, notices, and affidavits; and also including any and all addenda or supplemental agreements
clarifying, amending, or extending the work contemplated as may be required to ensure its completion in
an acceptable manner (collectively referred to herein as the Contract Documents). All of the provisions
of the Contract Documents are made a part hereof as though fully set forth herein.
ARTICLE II: Scope of Work
For and in consideration of the payments and agreements to be made and performed by AGENCY,
CONTRACTOR agrees to furnish all materials and equipment and perform all work required for the
above-stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents.
AGENCY hereby employs CONTRACTOR to provide the materials, do the work, and fulfill the
obligations according to the terms and conditions herein contained and referred to, for the prices provided
herein, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth
in this AGREEMENT.
In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant
to this AGREEMENT, CONTRACTOR offers and agrees to assign to the AGENCY all rights, title, and
interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15)
or under the Cartwright Act (Chapter 2 (Section 16700, et seq.) of Part 2 of Division 7 of the Business
and Professions Code), arising from purchases of goods, services, or materials pursuant to the public
works contract or the subcontract. This assignment shall be made and become effective at the time the
awarding body tenders final payment to CONTRACTOR, without further acknowledgment by the parties.

ARTICLE III: Compensation

ATTACHMENT 1

A. CONTRACTOR agrees to receive and accept the prices set forth in the Bid Proposal and Bid
Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all
obligations hereunder. In no event shall the total compensation and costs payable to CONTRACTOR
under this Agreement exceed the sum of $412,926.00 unless specifically approved in advance and in
writing by AGENCY
Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature
of the work during its progress or prior to its acceptance including those for well and faithfully
completing the work and the whole thereof in the manner and time specified in the aforesaid Contract
Documents; and also including those arising from actions of the elements, unforeseen difficulties or
obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and
all other unknowns or risks of any description connected with the work.
B. This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section
20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by
local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly
submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to
Contractor of improper payment requests, and provides for the payment of interest on progress payment
requests which are not timely made in accordance with that Article. This AGREEMENT hereby
incorporates the provisions of Article 1.7 as though fully set forth herein.
C. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld
shall be deposited with AGENCY, or with a state or federally chartered bank in this state as the escrow
agent, who shall then pay those moneys to CONTRACTOR upon Agencys confirmation of
CONTRACTORS satisfactory completion of this AGREEMENT. At any time during the term of this
AGREEMENT CONTRACTOR may, at its own expense, substitute securities for funds otherwise
withheld as retention (or the retained percentage) in accordance with Public Contract Code 22300.
ARTICLE IV: Labor Code
AGENCY and CONTRACTOR acknowledge that this AGREEMENT is subject to the provisions of
Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to
public works and public agencies and agree to be bound by all the provisions thereof as though set forth
fully herein. Full compensation for conforming to the requirements of the Labor Code and with other
Federal, State and local laws related to labor, and rules, regulations and ordinances which apply to any
work performed pursuant to this AGREEMENT is included in the price for all contract items of work
involved.
This AGREEMENT is further subject to prevailing wage law, including, but not limited to, the following:
A. The CONTRACTOR shall pay the prevailing wage rates for all work performed under the
AGREEMENT. When any craft or classification is omitted from the general prevailing wage
determinations, the CONTRACTOR shall pay the wage rate of the craft or classification most closely
related to the omitted classification. The CONTRACTOR shall forfeit as a penalty to AGENCY $200.00
or any greater penalty provided in the Labor Code for each Calendar Day, or portion thereof, for each
worker paid less than the prevailing wage rates for any work done under the AGREEMENT in violation
of the provisions of the Labor Code whether such worker is employed in the execution of the work by
CONTRACTOR or by any Subcontractor under CONTRACTOR. In addition, CONTRACTOR shall pay
each worker the difference between such prevailing wage rates and the amount paid to each worker for
each Calendar Day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

ATTACHMENT 1

B. CONTRACTOR shall comply with the provisions of Labor Code Section 1777.5 concerning
the employment of apprentices on public works projects, and further agrees that CONTRACTOR is
responsible for compliance with Section 1777.5 by all of its subcontractors.
C. Pursuant to Labor Code 1725.5, CONTRACTOR and any subcontractor must be registered
with the California Department of Industrial Relations for any bid proposal submitted on or after March 1,
2015, and for any contract for public work entered into on or after April 1, 2015. Further, this project is
subject to compliance monitoring and enforcement by the Department of Industrial Relations.
D. Pursuant to Labor Code 1776, CONTRACTOR and any subcontractor shall keep accurate
payroll records, showing the name, address, social security number, work classification, straight time and
overtime hours worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed by him or her in connection with this AGREEMENT.
Each payroll record shall contain or be verified by a written declaration that it is made under penalty of
perjury, stating both of the following: (1) The information contained in the payroll record is true and
correct; and (2) The employer has complied with the requirements of Labor Code 1811, and 1815 for
any work performed by his or her employees on the public works project. The payroll records enumerated
under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours as
required by Labor Code 1776.
E. This AGREEMENT is further subject to 8-hour work day and wage and hour penalty law,
including, but not limited to, Labor Code Sections 1810 and 1813, as well as California nondiscrimination
laws, as follows:
CONTRACTOR shall strictly adhere to the provisions of the Labor Code regarding the 8-hour day and
the 40-hour week, overtime, Saturday, Sunday and holiday work and nondiscrimination on the basis of
race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex or sexual orientation, except as provided in Section 12940 of the
Government Code. Pursuant to the provisions of the Labor Code, eight hours labor shall constitute a
legal days work. Work performed by CONTRACTORs employees in excess of eight hours per day, and
40 hours during any one week, must include compensation for all hours worked in excess of eight hours
per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay.
CONTRACTOR shall forfeit as a penalty to AGENCY $25.00 or any greater penalty set forth in the
Labor Code for each worker employed in the execution of the work by CONTRACTOR or by any
Subcontractor of CONTRACTOR, for each Calendar Day during which such worker is required or
permitted to the work more than eight hours in one Calendar Day or more than 40 hours in any one
calendar week in violation of the Labor Code.
F. This AGREEMENT is subject to Public Contract Code Section 6109: CONTRACTOR shall
be prohibited from performing work on this project with a subcontractor who is ineligible to perform
work on the project pursuant to Sections 1777.1 or 1777.7 of the Labor Code.
ARTICLE V: Work Site Conditions
A. In compliance with and pursuant to Government Code Section 4215, AGENCY shall assume
the responsibility, as between the parties to this AGREEMENT, for the timely removal, relocation, or
protection of existing main- or trunk-line utility facilities located on the site of any construction project
that is a subject of this AGREEMENT, if such utilities are not identified by AGENCY in the plans and
specifications made a part of the invitation for bids. The Contract Documents shall include provisions to
compensate CONTRACTOR for the costs of locating, repairing damage not due to the failure of
CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not

ATTACHMENT 1

indicated in the plans and specifications with reasonable accuracy, and for equipment on the project
necessarily idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay
in completion of the project, when such delay was caused by the failure of AGENCY or the owner of a
utility to provide for removal or relocation of such utility facilities.
B. . This AGREEMENT is further subject to Public Contract Code Section 7104 with regard to
any trenches deeper than four feet (4) involved in the proposed work as follows:
CONTRACTOR shall promptly, and before the following conditions are disturbed, notify AGENCY, in
writing, of any:
(1) Material that CONTRACTOR believes may be hazardous waste, as defined in Section 25117 of the
Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in
accordance with existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by all available
information provided prior to the deadline for submission of bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those
ordinarily encountered and generally recognized as inherent in work of the character provided for in the
contract.
AGENCY shall promptly investigate the conditions, and if it finds that the conditions do materially so
differ, or involve hazardous waste, and cause a decrease or increase in CONTRACTORs cost of, or the
time required for, performance of any part of the work, AGENCY shall issue a change order under the
procedures described in this AGREEMENT.
In the event that a dispute arises between AGENCY and CONTRACTOR whether the conditions
materially differ, or involve hazardous waste, or cause a decrease or increase in CONTRACTORs cost
of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from
any scheduled completion date provided in the AGREEMENT, but shall proceed with all work to be
performed under the AGREEMENT. CONTRACTOR shall retain any and all rights provided either by
contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
ARTICLE VI: Insurance
A. With respect to performance of work under this AGREEMENT, CONTRACTOR shall maintain,
and shall require all of its subcontractors to maintain, insurance as required by Section E
Standard Specifications of the Contract Documents.
B. This AGREEMENT is further subject to Workers Compensation obligations, including, but not
limited to, California Labor Code Sections 1860 and 1861 as follows:
CONTRACTOR shall take out and maintain, during the life of this contract, Workers Compensation
Insurance for all of CONTRACTORs employees employed at the site of improvement; and, if any work
is sublet, CONTRACTOR shall require the subcontractor similarly to provide Workers Compensation
Insurance for all of the latters employees, unless such employees are covered by the protection afforded
by CONTRACTOR. CONTRACTOR and any of CONTRACTORs subcontractors shall be required to
provide AGENCY with a written statement acknowledging its obligation to secure payment of Workers
Compensation Insurance as required by Labor Code 1861; to wit: I am aware of the provisions of
Section 3700 of the Labor Code which require every employer to be insured against liability for workers

ATTACHMENT 1

compensation or to undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of this contract. If any
class of employees engaged in work under this AGREEMENT at the site of the Project is not protected
under any Workers Compensation law, CONTRACTOR shall provide and shall cause each subcontractor
to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR
shall indemnify and hold harmless AGENCY for any damage resulting from failure of either
CONTRACTOR or any subcontractor to take out or maintain such insurance.
ARTICLE VII: Indemnification
To the fullest extent permitted by law, CONTRACTOR shall, at its sole cost and expense, fully defend,
indemnify and hold harmless AGENCY, its authorized representatives and their respective subsidiaries,
affiliates, members, directors, officers, employees and agents (collectively, the Indemnitees) from and
against any and all claims, actions, demands, costs, judgments, liens, penalties, liabilities, damages,
losses, and expenses, including but not limited to any fees of accountants, attorneys or other professionals
(collectively Liabilities), arising out of, in connection with, resulting from or related to, any alleged act,
omission, fault or negligence of CONTRACTOR, CONTRACTORs Representative, or any of its
officers, agents, employees, Subcontractors or Suppliers, or any person or organization directly or
indirectly employed by any of them (Collectively, the Indemnitors), in connection with or relating to or
claimed to be in connection with or relating to the work performed under this AGREEMENT.
CONTRACTOR shall not be entitled to any refund of attorneys fees, defense costs and expenses in the
event that it is s adjudicated to have been non-negligent.
CONTRACTOR shall not be required to defend or indemnify AGENCY for liabilities caused by the sole
active negligence or willful misconduct of the AGENCY.
If CONTRACTOR is a joint venture or partnership, each venturer or partner shall be jointly and severally
liable for any and all of the duties and obligations of CONTRACTOR that are assumed under or arise out
of this AGREEMENT. Each of such venturers or partners waives notice of the breach or non-performance
of any undertaking or obligation of CONTRACTOR contained in, resulting from or assumed under this
AGREEMENT, and the failure to give any such notice shall not affect or impair such venturers or
partners joint and several liability hereunder.
ARTICLE VIII: Binding Effect
AGENCY and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto and to its partners, successors, assigns, and legal representatives
in respect of all covenants, agreements, and obligations contained in the Contract Documents. This
AGREEMENT is not assignable nor the performance of either partys duties delegable without the prior
written consent of the other party. Any attempted or purported assignment or delegation of any of the
rights of obligations of either party without the prior written consent of the other shall be void and of no
force and effect.
ARTICLE IX: Dispute Resolution
A. Any court action arising out of this AGREEMENT shall be filed in the Lake County Superior
Court. Any alternative dispute resolution proceeding arising out of this AGREEMENT shall be heard in
the County of Lake.
B. AGENCY shall have full authority to compromise or otherwise settle any claim relating to this
AGREEMENT or any part hereof at any time. AGENCY shall provide timely notification to

ATTACHMENT 1

CONTRACTOR of the receipt of any third-party claim relating to this AGREEMENT. AGENCY shall be
entitled to recover its reasonable costs incurred in providing the notification required by this section.
C. This AGREEMENT is further subject to the provisions of Article 1.5 (commencing at Section
20104) of Division 2, Part 3 of the Public Contract Code regarding the resolution of public works claims
of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting
documentation by Contractor, for the response to such claims by the Agency, for a mandatory meet and
confer conference upon the request of Contractor, for mandatory nonbinding mediation in the event
litigation is commenced, and for mandatory judicial arbitration upon the parties failure to resolve the
dispute through mediation. This AGREEMENT hereby incorporates the provisions of Article 1.5 as
though fully set forth herein.
ARTICLE X: Independent Contractor
CONTRACTOR is and shall at all times remain as to AGENCY, a wholly independent contractor.
Neither AGENCY nor any of its agents shall have control of the conduct of CONTRACTOR or any of
CONTRACTORs employees, except as herein set forth. CONTRACTOR shall not at any time or in any
manner represent that it or any of its agents or employees are in any manner agents or employees of
AGENCY.
ARTICLE XI: Taxes
CONTRACTOR is responsible for paying all retail, sales and use, transportation, export, import, special
or other taxes and duties applicable to, and assessable against any work, materials, equipment, services,
processes and operations incidental to or involved in this AGREEMENT. The CONTRACTOR is
responsible for ascertaining and arranging to pay such taxes and duties. The prices established in this
AGREEMENT shall include compensation for any taxes the CONTRACTOR is required to pay by laws
and regulations in effect as of the execution of this AGREEMENT.
ARTICLE XII: Notices
All notices and communications shall be sent in writing to the parties at the following addresses:
AGENCY: Doug Grider

CONTRACTOR: [INSERT CONTACT]

CITY OF LAKEPORT

GRANITE CONSTRUCTION COMPANY

225 Park Street

1324 S. State Street

Lakeport, CA 95453

Ukiah, CA 95482

ATTACHMENT 1

ARTICLE XIII: Entire Agreement


This AGREEMENT supersedes any and all other agreements, either oral or written, between the parties
and contains all of the covenants and agreements between the parties pertaining to the work of
improvements described herein. Each party to this AGREEMENT acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting
on behalf of any party, which are not embodied herein, and that any other agreement, statement or
promise not contained in this AGREEMENT shall not be valid or binding. Any modification of this
AGREEMENT will be effective only if signed by the party to be charged.
The benefits and obligations of this AGREEMENT shall inure to and be binding upon the representatives,
agents, partners, heirs, successors and assigns of the parties hereto. This AGREEMENT shall be
construed pursuant to the laws of the State of California.
ARTICLE XIV: Authority to Contract
The signatories hereto represent that they are authorized to sign on behalf of the respective parties they
represent and are competent to do so, and each of the parties hereto hereby irrevocably waives any and all
rights to challenge signatures on these bases.
ARTICLE XV: General Provisions
A. All reports, documents or other written material (written products herein) developed by
CONTRACTOR in the performance of this Agreement shall be and remain the property of AGENCY
without restriction or limitation upon its use or dissemination by AGENCY. CONTRACTOR may take
and retain copies of such written products as desired, but no such written products shall be the subject of a
copyright application by CONTRACTOR.
B. In the performance of this Agreement, CONTRACTOR shall not discriminate against any
employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital
status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition
or any other unlawful basis.
C. The captions appearing at the commencement of the sections hereof, and in any paragraph
thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any
conflict between such heading, and the section or paragraph at the head of which it appears, the section or
paragraph hereof, as the case may be, and not such heading, shall control and govern in the construction
of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice
versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein
in which the context requires such substitution(s).
D. The waiver by AGENCY or CONTRACTOR of any breach of any term, covenant or
condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of
any subsequent breach of the same or any other term, covenant or condition herein contained. No term,
covenant or condition of this Agreement shall be deemed to have been waived by AGENCY or
CONTRACTOR unless in writing.
E. Each right, power and remedy provided for herein or now or hereafter existing at law, in
equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or
remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The
exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or

ATTACHMENT 1

more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such
party of any of all of such other rights, powers or remedies.
F. CONTRACTOR shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services or
expenditures and disbursements charged to CITY under this Agreement for a minimum of three (3) years,
or for any longer period required by law, from the date of final payment to CONTRACTOR under this
Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time
during regular business hours, upon oral or written request of CITY. In addition, pursuant to Government
Code Section 8546.7, all such documents and this Agreement shall be subject to the examination and
audit of the State Auditor, at the request of CITY or as part of any audit of CITY, for a period of three (3)
years after final payment under the Agreement.

IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators,
successors, and assigns do hereby agree to the full performance of the covenants herein contained and
have caused this AGREEMENT to be executed in duplicate by setting hereunto their names, titles, hands,
and seals this 3rd day of May 2016.
CONTRACTOR:

Granite Construction Company

__________________________________________
Contractors Sign Name, Title
Contractors License No. 89

Subscribed and sworn to this _______ day of _________, 20__.

NOTARY PUBLIC ______________________________________________


AGENCY:

______________________________
Mayor of the
City of Lakeport

ATTESTED:

______________________________
City Clerk of the
City of Lakeport

APPROVED AS
TO FORM:

______________________________
City Attorney of the
City of Lakeport

(EXECUTE INDUPLICATE)

(SEAL)

__________
Date

__________
Date

__________
Date

ATTACHMENT 1

PAYMENT BOND

2016 PAVEMENT REHABILITATION PROJECT


Bevins Street: Martin Street to Lakeport Boulevard
BID NO. 16-02
WHEREAS, the City of Lakeport, as AGENCY has awarded to Granite Construction Company, as
CONTRACTOR, a contract for the above-stated project;
AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract, to secure the
payment of claims of laborers, mechanics, material persons, and other persons as provided by law;
NOW THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held and firmly bound unto
AGENCY in the sum of FOUR HUNDRED AND TWELVE THOUSAND, NINE HUNDRED AND TWENTYSIX Dollars ($412,926.00); which is one hundred percent (100%) of the total contract amount for the above-stated
project, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION IS SUCH that if CONTRACTOR, its heirs, executors,
administrators, successors, assigns or subcontractors, shall fail to pay any of the persons named in Civil Code
Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor withheld, and
to pay over to the Employment Development Department from the wages of employees of the CONTRACTOR and
its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and
labor, that the surety or sureties herein will pay for the same in an amount not exceeding the sum specified in this
bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, SURETY will pay
reasonable attorneys fees to the plaintiffs and AGENCY in an amount to be fixed by the court.
This bond shall inure to the benefit to any of the persons named in Civil Code Section 9100 as to give a right of
action to such persons or their assigns in any suit brought upon this bond.
The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of
the contract or the specifications accompanying it shall in any manner affect SURETYs obligations on this bond.
The SURETY hereby waives notice of any such change, extension, alteration or addition and hereby waives the
requirements of Section 2845 of the Civil Code as a condition precedent to any remedies AGENCY may have.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of
________________, 2012.
Contractor*

Surety*

Contractors Signers Name, Title


Granite Construction Company
1324 S. State Street
Ukiah, CA 95482
(707) 467-4100
_________________________________________________
_________________________________________________
_________________________________________________
________________________________________________

*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and
telephone number for the respective authorized representatives. Power of Attorney must be attached.
Subscribed and sworn to this___ day of _____________________, 2012.
NOTARY PUBLIC ..............................................................................................................
(EXECUTE INDUPLICATE)

(SEAL)

ATTACHMENT 1

FAITHFUL PERFORMANCE BOND

2016 PAVEMENT REHABILITATION PROJECT


Bevins Street: Martin Street to Lakeport Boulevard
BID NO. 16-02
KNOW ALL PERSONS BY THESE PRESENTS That Granite Construction Company, hereinafter
referred to as CONTRACTOR as PRINCIPAL, and
, a corporation duly
organized and doing business under and by virtue of the laws of the State of California and duly licensed
for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety,
are held and firmly bound unto the CITY OF LAKEPORT, CALIFORNIA, hereinafter referred to as the
AGENCY in the sum of FOUR HUNDRED AND TWELVE THOUSAND, NINE HUNDRED AND
TWENTY-SIX Dollars ($412,926.00); which is one hundred percent (100%) of the total contract amount for
the above stated project; lawful money of the United States of America for the payment of which sum,
well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors,
jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas CONTRACTOR has been
awarded and is about to enter into a Contract with AGENCY to perform all work required pursuant to the
contract documents for the project entitled: 2016 Pavement Rehabilitation Project, BID NO. 16-02
CONTRACT which Contract is by this reference incorporated herein, and is required by AGENCY to
give this Bond in connection with the execution of the Contract;
NOW, THEREFORE, if CONTRACTOR and his or her Subcontractors shall well and truly do
and perform all the covenants and obligations of the Contract on his or her part to be done and performed
at the times and in the manner specified herein including compliance with all Contract specifications and
quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full
force and effect;
PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which
may be made pursuant to the terms of the Contract, shall not in any way release CONTRACTOR or the
Surety thereunder, nor shall any extensions of time granted under the provisions of the Contract release
either CONTRACTOR or said Surety, and notice of such alterations of extensions of the Contract is
hereby waived by said Surety.
In the event suit is brought upon this Bond by AGENCY and judgment is recovered, said Surety shall pay
all costs incurred by AGENCY in such suit, including a reasonable attorneys fee to be fixed by the Court.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of
...................................... , 2016 ..
Contractor*
Name, Title of Signer
SURETY*.
Granite Construction Company

1324 S. State Street

Ukiah, CA 95482

(707) 467-4143

*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title,
address and telephone number for their respective authorized representatives. Power of Attorney must be
attached.
Subscribed and sworn to this___ day of ______________, 2012
NOTARY PUBLIC ..................................................................................................
(SEAL)
(EXECUTE INDUPLICATE)

ATTACHMENT 1

MAINTENANCE BOND

2016 PAVEMENT REHABILITATION PROJECT


Bevins Street: Martin Street to Lakeport Boulevard
BID NO. 16-02
KNOW ALL PERSONS BY THESE PRESENTS THAT WHEREAS, the City of Lakeport, as AGENCY
has awarded to Granite Construction Company, as CONTRACTOR, a contract for the above-stated
project.
AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract
guaranteeing maintenance thereof;
NOW, THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held firmly bound unto
AGENCY in the sum of TWO HUNDRED AND SIX THOUSAND, FOUR HUNDRED AND SIXITY-THREE
Dollars ($206,463), which is fifty percent (50%) of the total contract amount for the above-stated project to
be paid to AGENCY, its successors and assigns, for which payment well and truly to be made, we bind
ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if CONTRACTOR shall remedy without
cost to AGENCY any defects which may develop during a period of one (1) year from the date of
recordation of the Notice of Completion of the work performed under the contract, provided such defects
are caused by defective or inferior materials or work, then this obligation shall be void; otherwise it shall
be and remain in full force and effect. In case suit is brought upon this bond, SURETY will pay
reasonable attorneys fees to the AGENCY in an amount to be fixed by the court.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this____ day of
...................................... , 2016.
Contractor*
Contractors Signers Name, Title
Granite Construction Company
1324 S. State Street
Ukiah, CA 95482
(707) 467-4100
SURETY*
______________________________________________
______________________________________________
______________________________________________
______________________________________________
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title,
address and telephone number for their respective authorized representatives. Powers of Attorney must be
attached.
Subscribed and sworn to this ........... day of ............................... , 2012.
NOTARY PUBLIC ..................................................................................................
(SEAL)
(EXECUTE INDUPLICATE)

ATTACHMENT 1

WORKERS COMPENSATION INSURANCE CERTIFICATE


The Contractor shall execute the following form as required by the California Labor Code, Sections 1860
and 1861:
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
DATE:

Granite Construction Company .


(Contractor)
By:
(Signature)
(Title)

Attest:
By:
(Signature)
(Title)
Note: See Section 7 Responsibility of the Contractor, Paragraph 7-3 of the Standard Specifications for
insurance carrier rating requirements.

ATTACHMENT 1

ENDORSEMENTS TO INSURANCE POLICY


Name of Insurance Company:
Policy Number:
Effective Date:
The following endorsements are hereby incorporated by reference into the attached Certificate of
Insurance as though fully set forth thereon:
1.
The naming of an additional insured as herein provided shall not affect any recovery to
which such additional insured would be entitled under this policy if not named as such
additional insured, and
2.
The additional insured named herein shall not be held liable for any premium or expense
of any nature on this policy or any extensions thereof, and
3.
The additional insured named herein shall not by reason of being so named be considered
a member of any mutual insurance company for any purpose whatsoever, and
4.
The provisions of the policy will not be changed, suspended, canceled or otherwise
terminated as to the interest of the additional insured named herein without first giving
such additional insured twenty (20) days written notice.
5.
Any other insurance held by the additional insured shall not be required to contribute
anything toward any loss or expense covered by the insurance, which is referred to by
this certificate.
6.
The company provided insurance for this certificate is a company licensed to do
business in the State of California with a Bests rating of A+ VIII or greater.
It is agreed that the City of Lakeport, its officers and employees, are included as Additional
Insureds under the contracts of insurance for which the Certificate of Insurance is given.

Authorized Insurance Agent


Date:

ATTACHMENT 1

STATEMENT REGARDING INSURANCE COVERAGE

2016 PAVEMENT REHABILITATION PROJECT


Bevins Street: Martin Street to Lakeport Boulevard
BID NO. 16-02
The undersigned representative of Bidder hereby certifies that he/she has reviewed the insurance coverage
requirements specified in 7-3 LIABILITY INSURANCE of Section E, Standard Specifications. Should
Bidder be awarded the contract for the work, the undersigned further certifies that Bidder can meet all of
these specification requirements for insurance including insurance coverage of his/her subcontractors.
NAME OF BIDDER:

.......................................................................................................

MAILING ADDRESS:

.......................................................................................................
.......................................................................................................
.......................................................................................................

AUTHORIZED SIGNATURE: .......................................................................................................


TITLE:

.......................................................................................................

DATE:

.......................................................................................................

ATTACHMENT 1

STATEMENT REGARDING CONTRACTORS LICENSING LAWS

2016 PAVEMENT REHABILITATION PROJECT


Bevins Street: Martin Street to Lakeport Boulevard
BID NO. 16-02
[Business & Professions Code 7028.15]
[Public Contract Code 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the
entity on whose behalf this certification is given, hold a currently valid California contractors license as
set forth below:
Business & Professions Code 7028.15:
a)

It is a misdemeanor for any person to submit a bid to a public agency to engage in


the business or act in the capacity of a contractor within this state without having a
license therefor, except in any of the following cases:
(1)The person is particularly exempted from this chapter.
(2)The bid is submitted on a state project governed by Section 10164 of the
Public Contract Code or on any local agency project governed by Section 20104
[now 20103.5] of the Public Contract Code.

b)

If a person has been previously convicted of the offense described in this section, the
court shall impose a fine of 20 percent of the price of the contract under which the
unlicensed person performed contracting work, or four thousand five hundred dollars
($4,500), whichever is greater, or imprisonment in the county jail for not less than 10
days nor more than six months, or both.
In the event the person performing the contracting work has agreed to furnish materials
and labor on an hourly basis, the price of the contract for the purposes of this
subdivision means the aggregate sum of the cost of materials and labor furnished and the
cost of completing the work to be performed.

c)

This section shall not apply to a joint venture license, as required by Section 7029.1.
However, at the time of making a bid as a joint venture, each person submitting the bid
shall be subject to this section with respect to his/her individual licenser.

d)

This section shall not affect the right or ability of a licensed architect, land surveyor, or
registered professional engineer to form joint ventures with licensed contractors to render
services within the scope of their respective practices.

e)

Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a
contractor who is not licensed in accordance with this chapter shall be considered
nonresponsive and shall be rejected by the public agency. Unless one of the foregoing
exceptions applies, a local public agency shall, before awarding a contract or issuing a
purchase order, verify that the contractor was properly licensed when the contractor
submitted the bid. Notwithstanding any other provision of law, unless one of the
foregoing exceptions applies, the registrar may issue a citation to any public officer or
employee of a public entity who knowingly awards a contract or issues a purchase order
to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties,
appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13,
inclusive. Any contract awarded to, or any purchase order issued to, as contractor
who is not licensed pursuant to this chapter is void.

ATTACHMENT 1

f)

Any compliance or noncompliance with subdivision (e) of this section, as added by


Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a
public agency during which time that subdivision was in effect.

g)

A public employee or officer shall not be subject to a citation pursuant to this section if
the public employee, officer, or employing agency made an inquiry to the board for the
purposes of verifying the license status of any person or contractor and the board failed to
respond to the inquiry within three business days. For purposes of this section, a
telephone response by the board shall be deemed sufficient.

Public Contract Code 20103.5:


In all contracts subject to this part where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with the laws of this state.
However, at the time the contract is awarded, the contractor shall be properly licensed in
accordance with the laws of this state. The first payment for work or material under any contract
shall not be made unless and until the Registrar of Contractors verifies to the agency that the
records of the Contractors State License Board indicate that the contractor was properly licensed
at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to
all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary
action by the Contractors State License Board. The agency shall include a statement to that effect
in the standard form of pre-qualification questionnaire and financial statement. Failure of the
bidder to obtain proper and adequate licensing for an award of a contract shall constitute a
failure to execute the contract and shall result in the forfeiture of the security of the bidder.
Contractors License Number:

_____________________________________________

License Expiration Date:

_____________________________________________

Authorized Signature:

_____________________________________________

Date:

_____________________________________________

ATTACHMENT 2

BID SUMMARY
2016 Pavement Rehabilitation Project
Bevins Street, Lakeport, CA
Engineer's Estimate

ITEM

DESCRIPTION

Mobilization & Traffic Control

QUANTITY UNIT

UNIT COST
---

TOTAL

---

ls

Pavement Reinforcing Mat

7,554

sy

3.00

1/2" Hot Mix Asphalt PG64-16

1,755

tn

105.00

$ 184,275.00

3/8" Hot Mix Asphalt PG64-16

451

tn

115.00

51,865.00

Keycut Type A

2,270

lf

3.50

7,945.00

Keycut Type B

342

lf

8.00

2,736.00

4" Digout

7,421

sf

5.00

37,105.00

Mill & Replace 2" HMA

789

sf

4.00

3,156.00

Cold Mill 6" HMA

24,049

sf

0.70

16,834.30

10

Remove & Replace AC Dike

822

lf

6.00

4,932.00

11

Install Shoulder Backing

518

lf

1.90

984.20

12

Adjust Manhole Covers to Finish Grade

ea

500.00

2,000.00

13

Adjust Water Valve/Cleanout Covers

12

ea

275.00

3,300.00

14

Blue Retroreflective Pavement Markers

ea

20.00

100.00

15

"STOP" Legend (Thermo)

ea

150.00

750.00

16

12" White Limit Line (Thermo)

106

lf

1.50

159.00

17

Type I Arrow (Thermo)

ea

75.00

75.00

18

Type IV Arrow (Thermo)

ea

75.00

675.00

19

Type VI Arrow (Thermo)

ea

90.00

180.00

20

Detail 22 (Thermo & Markers)

1,593

lf

1.70

2,708.10

21

Detail 29 (Thermo & Markers)

406

lf

3.50

1,421.00

22

Detail 32 (Thermo & Markers)

393

lf

2.90

1,139.70

23

Detail 38B (Thermo & Markers)

254

lf

1.70

431.80

24

4" Wide White Lines (Thermo)

565

lf

1.00

565.00

TOTAL

$
$

Granite Construction

UNIT COST

34,599.91
22,662.00

$ 380,599.01

TOTAL

Mendocino Construction Services

UNIT COST

$36,350.00

TOTAL
$50,729.70

$2.00

$15,108.00

$4.00

$30,216.00

$115.00

$201,825.00

$120.00

$210,600.00

$112.00

$50,512.00

$132.00

$59,532.00

$5.50

$12,485.00

$2.80

$6,356.00

$8.50

$2,907.00

$9.00

$3,078.00

$4.50

$33,394.50

$4.00

$29,684.00

$6.00

$4,734.00

$5.50

$4,339.50

$1.00

$24,049.00

$1.25

$30,061.25

$9.50

$7,809.00

$10.00

$8,220.00

$7.50

$3,885.00

$15.00

$7,770.00

$800.00

$3,200.00

$750.00

$3,000.00

$325.00

$3,900.00

$375.00

$4,500.00

$45.00

$225.00

$55.00

$275.00

$170.00

$850.00

$195.00

$975.00

$6.50

$689.00

$7.50

$795.00

$170.00

$170.00

$195.00

$195.00

$130.00

$1,170.00

$150.00

$1,350.00

$260.00

$520.00

$300.00

$600.00

$2.50

$3,982.50

$2.60

$4,141.80

$4.25

$1,725.50

$5.00

$2,030.00

$4.00

$1,572.00

$5.00

$1,965.00

$4.00

$1,016.00

$5.00

$1,270.00

$1.50

$847.50

$1.75

$988.75

$412,926.00

$462,672.00

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