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 SUCCESSOR
AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)
Tuesday, February 4, 2020
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.
I. CALL TO ORDER & ROLL CALL: 6:00 p.m.
II. PLEDGE OF ALLEGIANCE:
III. ACCEPTANCE OF AGENDA/ URGENCY ITEMS: Move to accept agenda as posted, or move to add or delete items.
To add item, Council is required to make a majority decision that an urgency
exists (as defined in the Brown Act) and a 2/3rds determination that the need to
take action arose subsequent to the Agenda being posted.
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 City Council of the regular meeting of January 7, 2020.
C. Renew Emergency Resolution: Confirm the continuing existence of a local emergency for the Mendocino
Mendocino Complex Fire Complex Fire.

D. Renew Emergency Resolution: February Confirm the continuing existence of a local emergency for the February 2019
2019 Storms Storms.
E. Renew Emergency Resolution: PG&E Confirm the continuing existence of a local emergency for the October 2019
Public Safety Power Shutoffs (PSPS) PSPS.
F. Application 2020-002 Approve Application 2020-002, with staff recommendations, for the Shakespeare
at the Lake event, to be held July 25-26, 2020.
V. PUBLIC PRESENTATIONS/REQUESTS:
A. Public Input: Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the
subject is not already on tonight’s agenda. Persons wishing to address the City Council are required to complete a
Citizen’s Input form and submit it to the City Clerk prior to the meeting being called to order. While not required,
please state your name and address for the 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.

B. Proclamation: Present a proclamation affirming the City of Lakeport’s support of the ongoing
State of Our Children effort in the City of Lakeport and the County of Lake.

VI. PUBLIC HEARING:

A. Community Development Block Grant 1. Hold a public hearing and receive public comment regarding the
(CDBG): Community Development Block Grant (CDBG) program and possible
activities and projects to be considered for funding under the upcoming
Notice of Funding Availability (NOFA) process; and

2. Direct staff to proceed with the preparation of a CDBG grant

application.

VII. COUNCIL BUSINESS

A. City Manager
1. Rent Stabilization: Review options for regulating the rental market in mobile home communities
within the City. This is an informational item only.
City Council Agenda of February 4, 2020 Page 2

B. Public Works Director

1. Carpet for City Hall: Authorize the City Manager to sign purchase orders with Magic Interiors &
Caliber Carpets for City Hall Council Chambers carpet and installation
VIII. CITY COUNCIL COMMUNICATIONS:
A. Miscellaneous Reports, if any:
IX. ADJOURNMENT:
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 225
Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeport’s website, www.cityoflakeport.com, subject to
staff’s ability to post the documents before the meeting.
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 Clerk’s 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 SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)
Tuesday, January 21, 2020
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.
I. CALL TO ORDER & ROLL CALL: Mayor Spurr called the meeting to order at 6:00 p.m. with Council Members
Barnes, Mattina, Parlet, and Turner present.
II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Public Works Director Doug Grider.
III. ACCEPTANCE OF AGENDA/ URGENCY ITEMS: A motion was made by Council Member Turner, seconded by Council Member
Barnes, and unanimously carried by voice vote, to accept the agenda as posted.
IV. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by
the Council at one time without any discussion. Any Council Member may request that any item be removed from
the Consent Agenda for discussion under the 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 City Council special joint meeting of December 9, 2019,
and the regular meeting of January 7, 2020.
C. Renew Emergency Resolution: Confirm the continuing existence of a local emergency for the Mendocino
Mendocino Complex Fire Complex Fire.

D. Renew Emergency Resolution: February Confirm the continuing existence of a local emergency for the February 2019
2019 Storms Storms.
E. Renew Emergency Resolution: PG&E Confirm the continuing existence of a local emergency for the October 2019
Public Safety Power Shutoffs (PSPS) PSPS.
F. Utility Billing Policy: 1. Adopt resolution 2741 (2020) approving the revised Administrative
Policy – Utilities Billing effective February 1, 2020.
2. Adopt resolution 2742 (2020) approving the revised service deposits for
new water accounts effective February 1, 2020.
Vote on Consent Agenda: A motion was made by Council Member Parlet, seconded by Council Member
Mattina, and unanimously carried by voice vote, to accept the Consent Agenda,
items A-F.
V. PUBLIC PRESENTATIONS/REQUESTS:
A. Public Input: Nancy Ruzicka requested re-paving of the streets in the Del Lago neighborhood.

At the request of Council Member Barnes, Public Works Director Grider

explained the Pavement Management Program and the prioritization of street
repairs, as well as, the recent maintenance of streets at Del Lago.

Don Salisbury resident of the Clearlake Marina and Mobile Home Park
encouraged the City Council to pass rent stabilization and addressed
maintenance issues at the park.

Craig Porter spoke about current rent increases, decreasing home values, the
inability for residents to move at the Clearlake Marina and Moblie Home Park.
He requested consideration of a temporary moratorium followed by a rent
stabilization ordinance.

Raymond Billbury spoke in favor of an ordinance.

 City Council Minutes of January 21, 2020 Page 2

The City Council directed staff to bring the item back to the next meeting.

VI. PUBLIC HEARING:

A. *Community Development Block Grant Community Development Director Ingram recommended the Council continue
(CDBG): this item to the February 4, 2020 Council meeting due to changes to the Notice
of Funding Available (NOFA) for this particular program year has not yet been
released.

1. Hold a public hearing and receive public comment regarding the

Community Development Block Grant (CDBG) program and possible
activities and projects to be considered for funding under the upcoming
Notice of Funding Availability (NOFA) process; and

2. Consider giving staff direction to prepare for Council consideration a

CDBG application requesting up to $3,500,000 for the activities
determined after the Public Comment and discussion.

Mayor Spurr opened the public hearing at 6:35 p.m. With no comment from the
public, Mayor Spurr closed the public hearing at 6:35 p.m.

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

Barnes, and unanimously carried by voice vote, to continue this Public Hearing to
the scheduled regular meeting of the City Council on February 4, 2020.

VII. COUNCIL BUSINESS

A. Public Works Director
1. Grant Application: The staff report was presented by Public Works Director Grider. Parks Foreman
Ron Ladd answered questions of the City Council.

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

Turner, and unanimously carried by voice vote, to adopt a proposed resolution
authorizing the City Manager to sign and submit a grant application to the
Division of Boating and Waterways.
VIII. CITY COUNCIL COMMUNICATIONS:
A. Miscellaneous Reports, if any: City Manager Silveira was absent.
City Attorney Ruderman gave no report.
Public Works Director Grider stated that seawall construction should begin next
Monday.
Finance Director Walker gave no report.
Chief Rasmussen announce that the Police Department training takes place
tomorrow and Clearlake PD will cover the city.
Community Development Director Ingram gave no report.
Administrative Services Director/City Clerk Buendia gave no report.
Council Member Barnes complimented Ron Ladd on the boating and waterways
grant application.
Council Member Parlet stated that the AVA committee received $19K to be
distributed among agencies for abandoned vehicle abatement.
 City Council Minutes of January 21, 2020 Page 3

Council Member Mattina stated that the City's annexation application was
discussed at the latest LAFCO meeting, with the City and the County agreeing to
mediation and an independent fiscal analysis.
Council Member Turner gave no report.
Mayor Spurr attended a Fire District Board meeting last Tuesday.
IX. ADJOURNMENT: Council Member Barnes made a motion to adjourn and Mayor Spurr adjourned
the meeting at 6:46 p.m.

_______________________________________
George Spurr, Mayor
Attest:

_____________________________
Kelly Buendia, City Clerk
 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: Continuation of Local Emergency Declaration – Mendocino MEETING DATE: 02/04/2020
Complex Fires

SUBMITTED BY: Margaret Silveira, City Manager

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 the need to continue the proclamation declaring a Local State
of Emergency due to conditions of extreme peril as a result of the River Fire, re-named along with the
Ranch Fire, the Mendocino Complex fire and provide direction.

BACKGROUND/DISCUSSION:
On July 28, 2018, the Director of Emergency Services for the City of Lakeport declared a local State of
Emergency in connection with the conditions of extreme peril to the safety of persons and property
within the city as a result of the River Fire, re-named the Mendocino Complex fire in combination with
the Ranch Fire. In accordance with the Emergency Services Act Section 8630(b) and Lakeport Municipal
Code section 2.28.130, the City Council ratified the declared emergency on July 30, 2018 under
Resolution 2679 (2018). Under Lakeport Municipal Code section 2.28.150, the City Council shall review,
at least every 14 days, the need for continuing the emergency declaration until the local emergency is
terminated.
The City Council, at a Special Meeting on August 13, 2018, continued the emergency declaration via
Resolution 2680 (2018). The City Council subsequently continued the emergency declaration on
August 21, 2018, September 18, 2018, October 2, 2018, October 16, 2018, November 6, 2018,
November 20, 2018, December 4, 2018, December 18, 2018, January 15, 2019, February 5, 2019,
February 19, 2019, March 5, 2019, March 19, 2019, April 2, 2019, April 16, 2019, May 7, 2019 May 21,
2019, June 4, 2019, June 18, 2019, July 16, 2019, August 6, 2019, September 3, 2019, September 17,
2019, October 1, 2019, October 22, 2019, November 5, 2019, November 19, 2019, December 3, 2019,
December 17, 2019, January 7, 2020, and January 21, 2020. Since a need still exists for the declaration,
Council is asked to review and continue the declaration. Should the need continue, staff will return
this item at the next regularly scheduled City Council meeting.

OPTIONS:

Approve the need for the continuation of the proclamation declaring a Local State of Emergency due to
Mendocino Complex fire; or proclaim the termination of the Local State of Emergency

Meeting Date: 02/04/2020 Page 1 Agenda Item #IV.C.

FISCAL IMPACT:
None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:
Comments:
SUGGESTED MOTIONS: Move to confirm the continuing existence of a local emergency in the City of
Lakeport.
Attachments: 1. Resolution No. 2679 (2018)

Meeting Date: 02/04/2020 Page 2 Agenda Item #IV.C.

 ATTACHMENT 1

RESOLUTION NO. 2679 (2018)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT RATIFYING THE

DIRECTOR OF EMERGENCY SERVICES’ PROCLAMATION OF A LOCAL EMERGENCY
IN THE CITY OF LAKEPORT

WHEREAS, Chapter 2.28 of the Lakeport Municipal Code, adopted as Ordinance

Number 832 of the City of Lakeport empowers the Director of Emergency Services to proclaim
the existence or threatened existence of a local emergency when the City of Lakeport is
affected or likely to be affected by a public calamity and the City Council is not in session,
subject to ratification by the City Council within seven (7) days; and

WHEREAS, conditions of extreme peril to the safety of persons and property have arisen
within this City as a result of a fire commencing on or about 1:01 p.m. on the 27th day of
JuneJuly, 2018, called the River Fire and later re-named the Mendocino Complex along with the
Ranch Fire, which commenced on or about 12:05 p.m. on the 27th day of July, 2018, at which
time the City Council of the City of Lakeport was not in session; and

WHEREAS, the City Manager, acting as the Director of Emergency Services of the City of
Lakeport, did proclaim the existence of a local emergency within the City on the 28th day of
July, 2018; and

WHEREAS, the Governor of the State of California proclaimed a state of emergency in

the Lake County as a result of the Mendocino Complex on the 28th day of July, 2018; and

WHEREAS, the City Council does hereby find that aforesaid conditions of extreme peril
did warrant and necessitate the proclamation of existence of a local emergency.

NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED that the City Council hereby
proclaims a local emergency due to the existence or threatened existence of conditions of
disaster or of extreme peril to the safety of persons and property within the City of Lakeport;
and

IT IS FURTHER RESOLVED AND ORDERED that the Director of Emergency Services’

Proclamation of Existence of a Local Emergency is hereby ratified and confirmed; and

IT IS FURTHER RESOLVED AND ORDERED that the local emergency shall be deemed to
continue to exist until its termination is proclaimed by the City Council of the City of Lakeport;
and

IT IS FURTHER RESOLVED AND ORDERED that during the existence of this local
emergency the powers, functions and duties of the Disaster Council of the City of Lakeport and
its Director of Emergency Services shall be those prescribed by state law, and by the ordinances
and resolutions of this City; and

1
ATTACHMENT 1
 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: Continuation of Local Emergency Declaration – February MEETING DATE: 02/04/2020
Storms

SUBMITTED BY: Margaret Silveira, City Manager

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 the need to continue the proclamation declaring a Local State
of Emergency due to conditions of extreme peril as a result of the February 2019 Storms and provide
direction.

BACKGROUND/DISCUSSION:
On February 28, 2019, the Director of Emergency Services for the City of Lakeport declared a local State
of Emergency in connection with the conditions of extreme peril to the safety of persons and property
within the city as a result of the February 2019 storms. In accordance with the Emergency Services Act
Section 8630(b) and Lakeport Municipal Code section 2.28.130, the City Council ratified the declared
emergency on March 5, 2019, March 19, 2019, April 2, 2019, April 16, 2019, May 7, 2019, May 21, 2019,
June 4, 2019, June 18, 2019, July 16, 2019, August 6, 2019, September 3, September 17, 2019, October
1, 2019, October 22, 2019, November 5, 2019, November 19, 2019, December 3, 2019, December 17,
2019, January 7, 2020, and January 21, 2020 under Resolution 2704 (2019). Under Lakeport Municipal
Code section 2.28.150, the City Council shall review, at least every 14 days, the need for continuing the
emergency declaration until the local emergency is terminated.
Since a need still exists for the declaration, Council is asked to review and continue the declaration.
Should the need continue, staff will return this item at the next regularly scheduled City Council
meeting.

OPTIONS:

Approve the need for the continuation of the proclamation declaring a Local State of Emergency due to
the February 2019 storms; or proclaim the termination of the Local State of Emergency

FISCAL IMPACT:
None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:
Meeting Date: 02/04/2020 Page 1 Agenda Item #IV.D.
Comments:
SUGGESTED MOTIONS: Move to confirm the continuing existence of a local emergency in the City of
Lakeport.
Attachments: 1. Resolution No. 2704 (2019)

Meeting Date: 02/04/2020 Page 2 Agenda Item #IV.D.

ATTACHMENT 1
ATTACHMENT 1
 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: Continuation of Local Emergency Declaration – Public Safety MEETING DATE: 02/04/2020
Power Shutoff (PSPS)

SUBMITTED BY: Margaret Silveira, City Manager

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 the need to continue the proclamation declaring a Local State
of Emergency due to electrical outages as a result of extreme fire weather conditions commencing on or
about 6:00 p.m. on the 26th day of October 2019, called the Public Safety Power Shutoff (PSPS) of October
2019

BACKGROUND/DISCUSSION:
On October 26, 2019, the Director of Emergency Services for the City of Lakeport declared a local State
of Emergency in connection with the conditions of extreme peril to the safety of persons and property
within the city as a result of the October 2019 Public Safety Power Shutoffs (PSPS. In accordance with
the Emergency Services Act Section 8630(b) and Lakeport Municipal Code section 2.28.130, the City
Council ratified the declared emergency on October 31, 2019, under Resolution 2734 (2019). Under
Lakeport Municipal Code section 2.28.150, the City Council shall review, at least every 14 days, the need
for continuing the emergency declaration until the local emergency is terminated.
The City Council, at an emergency meeting on October 31, 2019, ratified the emergency declaration via
Resolution 2734 (2019). The City Council subsequently continued the emergency declaration on
November 5, 2019, November 19, 2019, December 3, 2019, December 17, 2019, January 7, 2020, and
January 21, 2020.
Since a need still exists for the declaration, Council is asked to review and continue the declaration.
Should the need continue, staff will return this item at the next regularly scheduled City Council
meeting.

OPTIONS:

Approve the need for the continuation of the proclamation declaring a Local State of Emergency due to
the October Public Safety Power Shutoff; or proclaim the termination of the Local State of Emergency.

FISCAL IMPACT:
None $ Budgeted Item? Yes No

Meeting Date: 02/04/2020 Page 1 Agenda Item #IV.E.

Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:
Comments:
SUGGESTED MOTIONS: Move to confirm the continuing existence of a local emergency in the City of
Lakeport.
Attachments: 1. Resolution No. 2734 (2019)
2. Emergency Proclamation

Meeting Date: 02/04/2020 Page 2 Agenda Item #IV.E.

 01/21/2020 2020-002
X
02/04/2020

X
From: Dale Stoebe
To: Hilary Britton
Cc: Amanda Frazell (Dean.Eichelmann@lakecountyca.gov); Cheryl Bennett (cheryl.bennett@lakecountyca.gov);
Cynthia Ader; Daniel Chance; Doug Grider; Executive Management; Gerry Gonzalez; Jim Kennedy; Linda
Sobieraj; Lisa Davey-Bates; Lori Price (lorip@co.lake.ca.us); Matt Hartzog; Michelle Humphrey; Mike Sobieraj;
Pheakdey Preciado (pheakdey.preciado@lakecountyca.gov); Rebekah Dolby; Ron Ladd; Sheriff"s Dept
(records@lakecountyca.gov); Tina Rubin (Tina.Rubin@lakecountyca.gov); Wanda Gray
Subject: Re: Application 2020-002 - Shakespeare at the Lake
Date: Wednesday, January 29, 2020 3:01:58 PM
Attachments: image002.png

Hilary,

No objections or issues with the exception that the Alcohol Sales permit papers needs to come
over to PD for signature.

Dale

On Mon, Jan 27, 2020 at 3:23 PM Hilary Britton <hbritton@cityoflakeport.com> wrote:

Hi all,

Please find attached Application 2020-002 for the 2020 Shakespeare at the Lake event to be
held July 25-26, 2020 in Library Park, for your review.

We would like to submit this to City Council at their 02/04/2020 Council meeting, so please
have your comments back to me by Thursday, January 30, 2020.

Thank you for your input.

Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x102
hbritton@cityoflakeport.com

E-mail correspondence and attachments with the City of Lakeport may be subject to the California
Public Records Act, and as such may therefore be subject to public disclosure unless otherwise
exempt under the Act.

(Click button to register online)

--
 Proclamation
Affirming the City of Lakeport’s Support of the Ongoing State of Our Children effort in the City of Lakeport and
the County of Lake

WHEREAS, Children represent our future, and we all have a stake in their development and wellbeing, in
creating and sustaining programs that support them, providing them access to a full range of
opportunities throughout their childhood in order to maximize their potential; and

WHEREAS, the State of Our Children report was presented on December 12, 2019 to the City of Lakeport by a
collaborative group of community partners including: Lake County Probation, Lake County Office of
Education, Lake Family Resource Center, Lake County Departments of Child Welfare and Social
Services, Lake County Public Health, Redwood Community Services, Lake County Children’s Council,
Court Appointed Special Advocates of Lake and Mendocino Counties, Redwood Coast Regional
Center, Lake County Tribal Health Consortium, Adventist Health Clearlake, Mother-Wise, Lakeview
Health Center, Easter Seals Northern California, North Coast Opportunities, and First 5 Lake County;
and

WHEREAS, the report detailed seven areas of concern wherein Lake County’s children are experiencing negative
outcomes (lower rates of early prenatal care, higher rates of fetal alcohol and drug exposure, youth
substance use, and poverty, poor educational outcomes, high rates of child abuse and neglect and
delinquent activity); and

WHEREAS, community partners are seeking support in elevating the need for prevention efforts across Lake
County, with a focus on primary prevention; and

WHEREAS, the City of Lakeport has demonstrated a commitment toward the health, safety, education and
wellbeing of its children; and

WHEREAS, the City of Lakeport believes that each individual can play a major role in enhancing the lives of
children in our community;

NOW, THEREFORE, BE IT PROCLAIMED, We, the City of Lakeport, do hereby affirm our support of the ongoing State
of Our Children effort in 2020 to promote prevention efforts across the County; and

BE IT FURTHER PROCLAIMED, We will work with community partners to co-host an event in the City in 2020 to bring
awareness to the State of Our Children and the ways citizens of Lakeport can be a part of the solution; and

BE IT FURTHER PROCLAIMED, We will work in an ongoing way to advance prevention-focused policies and practices
necessary to improve the lives of our children and community at large.

I have hereunto set my hand and caused the Seal of the City of Lakeport to be affixed this 4th day of
February, 2020.

_________________________________
GEORGE SPURR, Mayor
 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: 2020 CDBG Application Submittal MEETING DATE: 02/04/2020
Kevin M. Ingram, Community Development Director
SUBMITTED BY:

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

1. The City Council is being requested to hold a public hearing and receive public comment regarding the
Community Development Block Grant (CDBG) program and possible activities and projects to be
considered for funding under the upcoming Notice of Funding Availability (NOFA) process;

2. Direct staff to prepare for Council consideration a CDBG application requesting up to $3,500,000 for the
activities determined after the Public Comment and discussion.

BACKGROUND:
The U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG)
program authorizes the use of funds to assist low- and moderate-income families or aid in the prevention or
elimination of slums or blight. The City has applied for and received CDBG funds over the past several years for
Economic Development Business Assistance and Off-Site improvements for the Martin Street Apartments
currently under construction and has used Program Income for the recent Carnegie Hall and City Hall ADA
Improvements. Staff recommends the Council submit another application this year. The City Council approved a
contract with Adams Ashby Group for preparation of the applications and administration of the grant, which is
still in effect.

At this Public Hearing and as a key component of accessing CDBG funding, the City is required to conduct public
outreach to the community regarding potential CDBG projects/activities that should be considered for the next
and future applications. In order to be considered eligible, a suggested project/activity must meet one or more
of the three National Objectives listed in CDBG Federal Statutes:

• Benefit to low- and moderate-income persons;

• Prevention or elimination of slums and blight; or
• Meeting an urgent community need which pose an immediate threat to the health and welfare of the
community (State designates when the “urgent need” objective is allowed for a NOFA).

The benefit to low- and moderate-income persons is the most predominately used national objective. In order
to benefit low- or moderate-income persons, the project/activity must either benefit an area that is comprised
of at least 51% low- or moderate-income households, or the program must benefit individually qualified
households (i.e., each participating household is income certified). This will vary depending on the type of project
being considered.

Meeting Date: 02/04/2020 Page 1 Agenda Item #6A.0

The 2020 State Notice of Funding Availability (NOFA) was released on January 24, 2020, and provides that an
application may not exceed $3,500,000 for Community Development Applications and $6,000,000 for Economic
Development Over the Counter (OTC) applications. The City may apply for a maximum of 6 activities, but may not
exceed $3,500,000 in total application request, with the exception of the Economic Development OTC program
that has a maximum of $6,000,000.

The project/activity must also fall under one of the following categories:
• OTC Public Improvements (maximum grant of $3,500,000)
• OTC Public Facility (maximum grant of $3,500,000)
• Public Service (maximum grant of $600,000)
• Planning and Technical Assistance (maximum grant of $250,000)
• Housing Programs (maximum grant of $700,000)
• Business Assistance or Microenterprise Assistance (maximum grant of $500,000 for either Business
Assistance or Microenterprise Assistance, or $500,000 for both).

OTC: Over the Counter

The term OTC was noted above for the Public Improvement and Public Facilities projects as these have been
moved from the standard program funding application to a special Over the Counter application process. The Over
the Counter application process now provides three types of applications for funding consideration and is new to
the CDBG program funding process.

The Over the Counter process will allow three categories of funding:

1. Project is ready to bid – all designs are completed, environmental review complete or ready to publish, bid
documents complete.
2. Project is 30% designed, environmental review started and needs additional funding to complete the design
process.
3. Needs full funding to design and develop project

50% Expenditure Rule/ Waiver

As enacted, Assembly Bill 723 (AB 723) allows applicants to request a waiver of the 50% Expenditure Rule (“Rule”).
The Rule states an applicant shall be ineligible for any additional CDBG funds unless the applicant has expended
at least 50 percent of CDBG funds awarded for any standard agreement executed in 2012 or later. AB 723 allows
the director to waive the Rule, thus making an applicant eligible to apply for NOFA’s, including General NOFA’s,
and receive CDBG funds. Currently, the State will implement this rule based on the current open contract and only
for the program the City has been funded for. The Expenditure Rule will not apply to this application as long as
Economic Development Business Loans are being sought for this application.

DISCUSSION:
City staff has meet and discussed potential projects that the City Council may consider as potential activities for
this application:

• Lakeport Community Center—Resiliency Upgrades Project

The recent string of statewide disasters has driven the need to develop more resilient communities. The
City of Lakeport and larger Lake County region has been no stranger to the impacts of both natural
(wildland fire and floods) and manmade (PG&E PSPS power shutoffs) disasters these past few years. The
Lakeport Community Center (old Bank of America) building, located at 500 North Main Street in
downtown is ideally poised to serve as vital community resource during a disaster event. In order to

Meeting Date: 02/04/2020 Page 2 Agenda Item #6A.0

 enhance the Community Center as a fully functional resiliency center, staff is recommending as a part of
its CDBG application that an activity include hiring a certified design professional consultant to design
and prepare construction plans for upgrades to the existing community center. These improvements
would include, but not necessarily be limited to the following: ADA restroom upgrades, provide
commercial kitchen facilities and install an emergency power back up system (generator or battery
bank) to ensure full use of this facility during any emergency.

• Housing Rehabilitation Program

In the past, the City of Lakeport has had a more active Housing Services program that included a
dedicated staff member to administer various Federal and State Housing Programs. These services have
included a Housing Rehabilitation and First Time Homebuyer assistance through both CDBG and HOME
grant/loan federal programs. A goal of the City Council and Community Development Department
(CDD) over the past couple of years has been to re-establish some of these housing services. With the
addition of a new CDD team member last year it is now possible to again begin to administer some of
these previously offered housing services. It is staff’s desire to request CDBG funding during this current
application cycle to develop a targeted housing rehabilitation program focusing on re-roof and
weatherization improvements.

A recently initiated windshield survey by CDD staff has revealed a severe concern the deteriorating
condition of many existing residences throughout the City. With only a third of the City surveyed, staff
has already identified over 50 residences with roofs well past their standard 20 year life span as well as
an additional 20 residents with exterior siding in severe disrepair.

Environmental Review will need to be completed for all projects to be eligible for the OTC process. Other programs
will require review to be completed by can be completed as part of the clearance conditions once awarded.

OPTIONS:
1. Approve staff’s recommendations and direct staff to proceed with preparation of the application.
2. Direct staff to change the items to be included in the application.
3. Direct staff not to prepare a CDBG grant application
4. Take no action or provide other direction to staff.

FISCAL IMPACT:
None Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other: CDBG
The City’s grant consultant for CDBG, Adams Ashby Group, will be preparing the application. The application cost
is an eligible expenditure under the City’s open contract with general administration funds. It is believed that the
grant will have enough funds to cover this cost with no additional funds being needed. If awarded, CDBG funds
are a 100% grant with no matching fund requirements. Up front expenditures for preparation of any bids and
specifications by the City Engineer or other consultants may be required. If awarded these funds may be eligible
for reimbursement (OTC Projects).

SUGGESTED MOTION:
Move to direct staff to proceed with the preparation of a CDBG grant application.

Attachments: None

Meeting Date: 02/04/2020 Page 3 Agenda Item #6A.0

 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: Regulatory Options for Mobile Home Parks Rent Stabilization MEETING DATE: 2/4/2020

SUBMITTED BY: David J. Ruderman, City Attorney

PURPOSE OF REPORT:  Information only  Discussion  Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council has asked to review options for regulating the rental market in mobile home communities within
the City. This is an informational item only.

BACKGROUND

Numerous residents from the City of Lakeport attended the City Council’s regularly scheduled meeting on January
20, 2020 to express concern about a rent increase in one of the City’s mobile home parks. The City Council asked
staff to provide an informational report about regulatory options for regulating mobile home rent increases.

ANALYSIS
The City may, under its police power, regulate mobile home rent increases. There are potential four mechanisms
for regulating mobile home rents:

1. Rent Registration: Requires park owners to notify the City of rent increases and provide specific
information.
2. Rent Mediation: Allows park residents to petition for mediation of proposed rent increases.
3. Rent Stabilization: Limits annual rent increases to a small, set price, e.g., inflation adjustment.
4. Rent Control: Prohibits rent price increases, with limited exceptions.

Rent registration ordinances make raising rent for mobile home residents a public process, inviting transparency.
These ordinances are often used to gather information regarding whether further regulation of rent increases is
necessary. Rent mediation ordinances allow a certain percentage of park residents to petition for mediation of
rent disputes. For example, the City of Camarillo allows some park residents to petition a Rent Review Mediation
Commission if rent is increased on at least 25 percent of tenants. Rent stabilization and rent control are often
used interchangeably, but the latter is very rare. More common is rent stabilization, which sets a base rent, then
allows rents to increase only by a small percentage each year. These regulations can also include “vacancy
control” which limits the park owner’s ability to increase rent to a new homeowner who has purchased an
existing on-site mobile home.

The City’s ability to implement rent stabilization is limited by the Constitution and state law, which heavily
regulates mobile home parks. First, City rent stabilization must be implemented in a rational, consistent manner

Meeting Date: 02/04/2020 Page 1 Agenda Item #VII.A.1

223455.2
that treats similarly situated people and entities the same. If the City wishes to make distinctions between parks
or individuals in implementing rent stabilization, it must have a rational basis to do so, i.e., it must be able to
explain that any distinction is rationally related to a legitimate governmental interest. Absent this, it must treat
all mobile home parks in the City the same.

Second, a rent stabilization ordinance must allow park owners to obtain a reasonable rate of return on their
investment. (See MHC Financing Limited Partnership Two v. City of Santee (2005) 125 Cal.App.4th 1372, 1396.) “A
‘just, fair and reasonable’ return is characterized as sufficiently high to encourage and reward efficient
management, discourage the flight of capital, maintain adequate services, and enable operators to maintain and
support their credit status.” (Carson Harbor Village, Ltd. v. City of Carson Mobilehome Park Rental Review Bd.
(1999) 70 Cal.App.4th 281, 288–289.) Cities typically allow park owners to obtain that reasonable rate of return
on investment, in part, by allowing an annual percentage rent increase tied to the Consumer Price Index.

Automatic rent increases alone do not necessarily provide park owners with a reasonable return on their
investment. Instead, a defensible rent stabilization ordinance must also establish a process for park owners to
petition for an additional increase under unusual circumstances. This process, administered by the City, must
include a hearing that affords the park owner due process. At a minimum, due process requires noticed public
hearings, a meaningful opportunity for both landlords and tenants to be heard, a fair decisionmaker, and a
written decision based on factual findings and substantial evidence. (Carson Harbor Village Ltd., supra, 70
Cal.App.4th 281.) The City of Carson’s administrative process provides a good example because it has withstood
a legal challenge under the U.S. Constitution. Carson allows rent increases if the City’s Mobilehome Park Rental
Review Board finds, after a public hearing, that the increase “protects Homeowners from excessive rent
increases and allows a fair return on investment to the Park Owner.” (Carson Mun. Code, § 4704.020)

Cities have some discretion on setting the date that establishes the base rent, upon which the annual increase is
added. Some set it on the date the ordinance becomes effective, but it can be set to a past date to prevent rent
spikes just before adoption. If the ordinance sets a retroactive base rent, it should allow for an adjustment for
owners that show the base rent does not provide a reasonable return because, for example, the park owner had
not raised rent for a significant period of time. Relatedly, a moratorium on rent increases is not permitted unless
there are serious concerns regarding public health, safety or welfare. For example, some cities passed
temporary moratorium before the effective date of Assembly Bill No. 1482, which set statewide rent
stabilization that does not apply to mobile home parks. Those cities cited the threat to all renters posed by
landlords drastically increasing rents between the date the bill was signed and it was effective. Similarly, some
cities pass rent moratoria in the wake of natural disasters that affect housing availability to avoid drastic spikes
in housing costs.

Finally, state law imposes numerous restrictions on the scope of a rent stabilization ordinance for mobile home
parks. First, the Mobilehome Residency Law exempts certain units from rent control: (1) newly constructed
mobile home space first offered for rent after January 1, 1990; (2) any unit with a rental agreement at least 12
months in duration and meets other specified requirements; and (3) units not primarily used as a primary
residence and are not being leased to somebody else. (Civ. Code, § 798 et seq.) The Mobilehome Residency Law
sets other requirements related to rent charges, including how homeowners are notified of rent increases and
fees charged for utilities, administrative fees, incidental charges and other services. (Civ Code, § 798.30.) Local
agencies that adopt mobile home rent stabilization ordinances must be careful to avoid conflicts with these
regulatory provisions or risk state law preemption.

OPTIONS:
Provide direction to staff regarding regulation of mobile home rent increases.

FISCAL IMPACT:
 None  $ Budgeted Item?  Yes  No

Meeting Date: 02/04/2020 Page 2 Agenda Item #VII.A.1

223455.2
Budget Adjustment Needed?  Yes  No If yes, amount of appropriation increase:
Affected fund(s):  General Fund  Water OM Fund  Sewer OM Fund  Other:

SUGGESTED MOTIONS:

None—Information only

 Attachments: None

Meeting Date: 02/04/2020 Page 3 Agenda Item #VII.A.1

223455.2
 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: Purchase Order for Council Chambers Carpet MEETING DATE: 2/4/2020

SUBMITTED BY: Douglas Grider, Public Works Director

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

Staff is requesting the City Council to authorize the City Manager to sign purchase orders with Magic Interiors &
Caliber Carpets for the City Hall Council Chambers carpet and installation. The improvements are new floor
coverings in the Council Chambers for the total amount of $10,875.00

BACKGROUND/DISCUSSION:
The current carpet in the Council Chambers is 20+ years old and has reached the end of its useful life. This
project will replace the existing carpet with new commercial grade carpet. The replacement carpet would be the
same design and style as used in the public areas, such as the lobby.

Magic Interiors was low bidder on the carpet at $6364.00 and Caliber Carpets was low bid on the installation at
$4511.00. The project total is $10,874.00.

A Bid Tab is attached.

Carpet replacement is estimated to start February 21, 2020.

OPTIONS:
1. Approve and authorize the City Manager to sign two purchase orders with Magic Interiors & Caliber
Carpets for City Hall Council Chambers carpet and installation.
2. Do not approve but provide direction to staff.
3. Choose to take no action.

FISCAL IMPACT:
None $10,875.00 Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $10,875.00
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:
Comments:
SUGGESTED MOTIONS: Move to authorize the City Manager to sign purchase orders with Magic Interiors &
Caliber Carpets for City Hall Council Chambers carpet and installation

Meeting Date: 02/04/2020 Page 1 Agenda Item #VII.B.1

 Attachments: 1. Bid Tab

Meeting Date: 02/04/2020 Page 2 Agenda Item #VII.B.1

 COUNCIL CHAMBERS CARPET

Business Date Of Quote Amount

Magic Interiors/Caliber Carpet 12/12/2019 $10,875

Carpet Man 12/2/2019 $18,000

Premier Flooring 12/12/2019 Non Responsive

Work Scope:

Remove and dispose of existing carpet in City Hall Council Chambers.

Prep floors:

Removal of residual glue, filling cracks, holes, and floating substrate as necessary.
Install:

Mohawk Carpet Tiles/ Surface Stitch

Rubber Base

Bid Awarded To:

Business Date Of Quote Amount

Magic Interiors/Caliber Carpet 12/12/2019 $10,875