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(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)
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.
II.
PLEDGE OF ALLEGIANCE:
III.
ACCEPTANCE OF AGENDA:
Urgency Items:
IV.
V.
5:00 P.M.
1.
2.
6:00 p.m.
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:
B.
Minutes:
Approve minutes of the regular City Council meeting of April 19, 2016.
C.
Warrants:
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
F.
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.
Receive and file the Annual Report on Housing Division Activities and Annual
Housing Element Progress Report for 2014 and 2015
H.
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.
VI.
B.
Proclamation:
C.
Proclamation:
D.
Proclamation:
E.
Presentation:
PUBLIC HEARING
A.
VII.
B.
Downtown Improvement
Project
Bid Award:
Authorize the City Manager to sign the construction contract award for the
Bevins Street Pavement Rehabilitation Project to Granite Construction Company
IX.
COUNCIL BUSINESS:
A.
VIII.
Page 2
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
(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)
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.
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:
I.
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:
III.
ACCEPTANCE OF AGENDA:
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:
B.
Minutes:
C.
Warrants:
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.
V.
Page 2
F.
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:
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.
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.
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
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.
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.
Bid Award:
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.
IX.
ADJOURNMENT:
_______________________________________
MARK SPILLMAN, Mayor
ATTEST:
_______________________________________
KELLY BUENDIA, City Clerk
MINUTES
ATTENDANCE:
ADJOURNMENT:
____________________________________
Marc Spillman, Mayor
ATTEST:
_________________________________
Kelly Buendia, City Clerk
CITY OF LAKEPORT
Over 125 years of community
pride, progress and service
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
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
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
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
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
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.
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.
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
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
MEMORANDUM OF UNDERSTANDING
BETWEEN BICOASTAL NORCAL MEDIA, LLC, AND THE CITY OF
LAKEPORT FOR SUMMER CONCERT SERIES
-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
-2-
-3-
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.
I.
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-
______________________________
__________________________
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
PURPOSE OF REPORT:
Information only
Discussion
Action Item
2014
47*
2015
0
10*
-Low Income
37*
Other / Total
Page 1
*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
FISCAL IMPACT:
None
Budgeted Item?
Yes
General Fund
No
Yes
No
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:
Page 3
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
PURPOSE OF REPORT:
Information only
Discussion
Action Item
2014
0
2015
0
Archaeological Review
13
Categorical Exemption
25
11
Conversion
Environmental Review
Free-Standing Sign
2014
2015
Application Type
Page 1
Major Subdivision
Shoreline Development
Specific Plan
Use Permit
Variance
Voluntary Merger
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
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
File
Number
Complaint Address
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
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?
Yes
General Fund
No
Yes
No
Water OM Fund
Sewer OM Fund
Other:
Comments: None
SUGGESTED MOTIONS:
Move to receive and file the Planning Department 2015 Year-end Report.
Attachments:
Page 4
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
_________________________________
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
PURPOSE OF REPORT:
Information only
Discussion
Action Item
Budgeted Item?
Yes
General Fund
No
Yes
No
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:
Page 1
ATTACHMENT 1
Ordinance No.
(2016)
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.
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.
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
Effective Date.
This Ordinance shall take effect thirty (30) days after adoption
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
PURPOSE OF REPORT:
Information only
Discussion
Action Item
Page 1
FISCAL IMPACT:
None
Budgeted Item?
Yes
General Fund
No
Yes
No
Water OM Fund
Sewer OM Fund
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:
Page 2
ATTACHMENT 1
ARTICLES OF AGREEMENT
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
CITY OF LAKEPORT
Lakeport, CA 95453
Ukiah, CA 95482
ATTACHMENT 1
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:
__________________________________________
Contractors Sign Name, Title
Contractors License No. 89
______________________________
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
Surety*
*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
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
ATTACHMENT 1
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
ATTACHMENT 1
.......................................................................................................
MAILING ADDRESS:
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
DATE:
.......................................................................................................
ATTACHMENT 1
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)
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.
_____________________________________________
_____________________________________________
Authorized Signature:
_____________________________________________
Date:
_____________________________________________
ATTACHMENT 2
BID SUMMARY
2016 Pavement Rehabilitation Project
Bevins Street, Lakeport, CA
Engineer's Estimate
ITEM
DESCRIPTION
QUANTITY UNIT
UNIT COST
---
TOTAL
---
ls
7,554
sy
3.00
1,755
tn
105.00
$ 184,275.00
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
789
sf
4.00
3,156.00
24,049
sf
0.70
16,834.30
10
822
lf
6.00
4,932.00
11
518
lf
1.90
984.20
12
ea
500.00
2,000.00
13
12
ea
275.00
3,300.00
14
ea
20.00
100.00
15
ea
150.00
750.00
16
106
lf
1.50
159.00
17
ea
75.00
75.00
18
ea
75.00
675.00
19
ea
90.00
180.00
20
1,593
lf
1.70
2,708.10
21
406
lf
3.50
1,421.00
22
393
lf
2.90
1,139.70
23
254
lf
1.70
431.80
24
565
lf
1.00
565.00
TOTAL
$
$
Granite Construction
UNIT COST
34,599.91
22,662.00
$ 380,599.01
TOTAL
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