110315 lakeport city council agenda

8/20/2019 110315 Lakeport City Council agenda

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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 theCity Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.

CLOSED SESSION: 5:30 p.m.

Conference with Real Property Negotiator (Government Code § 54956.8):

Property Address: 916 North Forbes Street, Lakeport (APN 025-472-03); Agenc

Negotiator: Margaret Silveira, City Manager; Negotiating Parties: City of

Lakeport and Vicki Robinson; Under Negotiation: Price and Terms of Payment

I. CALL TO ORDER & ROLL CALL: 6:00 p.m.

II. PLEDGE OF ALLEGIANCE:

III. ACCEPTANCE OF AGENDA: Move to accept agenda as posted, or move to add or delete items.

Urgency Items: To add item, Council is required to make a majority decision that an urgencyexists (as defined in the Brown Act) and a 2/3rds determination that the need

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 bthe Council at one time without any discussion. Any Council Member may request that any item be removed fro

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 3693

B. Minutes: Approve minutes of the regular City Council meeting of October 20, 2015.

C. Warrants: Approve warrant register from October 27, 2015.

D. Application 2016-001: Approve Application No. 2015-023 with staff recommendations for the LakepoMain Street Association’s Holiday at the Lake event on November 28, 2015.

E. Business License Penalty Waiver Approve a waiver of penalties associated with the Business License renewal fo

Grocery Outlet in Lakeport and issue a full refund of the penalty amount.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input: Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that thesubject is not already on tonight’s agenda. Persons wishing to address the City Council are required to complete

Citizen’s Input form and submit it to the City Clerk prior to the meeting being called to order. While not required

please state your name and address for the record. NOTE: Per Government Code §54954.3(a), the City Council

cannot take action or e xpress a consensus of approval or disapproval on any public comments regarding matters

which do not appear on the printed agenda.

B. Presentation: Introduce new Lakeport Police Officer Jason Fisher.

C. Presentation: Announce the winners of the 2015 Halloween Coloring Contest.

VI. COUNCIL BUSINESS:

A. Administrative Services Director

1. Maddy Act Report Receive and file the annual Maddy Act Appointment List for calendar year 201

B. City Manager

1. PEG Contract Approve an agreement between the City of Clearlake, City of Lakeport and the

County of Lake relative to operation of a local public, educational, government

cable television channel, referred to as the PEG Channel.

VII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any:

AGENDAREGULAR MEETING OF THE LAKEPORT CITY COUNCIL(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTR

DEVELOPMENT AUTHORITY and THE SUCCESOR AGENCY TO THE LAKEPORT REDEVELOPME

AGENCY) Tuesday, November 03, 2015

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


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City Council Agenda of November 3, 2015 Page 2

VIII. ADJOURNMENT: Adjourn

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

Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeport’s website, www.cityoflakeport.com , subject to

staff’s ability to post the documents before the meeting.

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, Acting Deputy City Clerk

http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/


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I. CALL TO ORDER & ROLL CALL: Mayor Scheel called the regular meeting of the City Council of the City of

Lakeport to order at 6:01 p.m. with Council Members Kenneth Parlet, StaceyMattina, Marc Spillman, and Mireya Turner present.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Lieutenant Ferguson.

III. ACCEPTANCE OF AGENDA: A motion was made by Council Member Mattina, seconded by Council Membe

Parlet, and unanimously carried by voice vote to accept the Agenda as posted.

Urgency Items: There were no urgency items.

IV. CONSENT AGENDA:

A. Ordinances: Waive reading except by title, of any ordinances under consideration at this

meeting for either introduction or passage per Government Code Section 3693

B. Minutes: Approve minutes of the regular City Council meeting of October 6, 2015.

C. Warrants: Approve warrant register from October 15, 2015.

D. Application 2015-023: Approve Application No. 2015-023 with staff recommendations for the Lakepo

Main Street Association’s Holiday at the Lake event on November 28, 2015.

E. Application 2015-024: Approve Application No. 2015-024 with staff recommendations for the Harves

Revelation to be held October 31, 2015.

F. Application 2015-025: This item was pulled for the Consent Agenda for discussion.

Vote on Consent Agenda: A motion was made by Council Member Parlet, seconded by Council Member

Mattina, and unanimously carried by voice vote to approve the Consent Agend

with the exception of Item F.

Application 2015-025: Lieutenant Ferguson presented Police Department concerns regarding the lacka satisfactory parking plan and traffic control plan for this event.

Public Works Director Brannigan also had concerns over the parking and traffic

plans.

The applicant, Wayne Yahnke, suggested alternate mitigation measures for the

parking, but did not address the traffic issues.

Warren Myrick, who also lives on Forest Drive, spoke about the severe traffic

issues created by the event in the past.

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

Spillman, and unanimously carried by voice vote to deny Application No. 2015-

025 for a Haunted Walk event to be held October 31, 2015 on Forest Drive.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input: J.R. Rose addressed the Council requesting their support for an increase Cost o

Living Adjustment for senior citizens on Medicare.

VI. COUNCIL BUSINESS: There was no Council Business agendized.

VII. CITY COUNCIL COMMUNICATIONS:

MINUTESREGULAR MEETING OF THE LAKEPORT CITY COUNCIL

(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY an

THE SUCCESOR AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY) Tuesday, October 20, 2015


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City Council Agenda of October 20, 2015 Page 2

A. Miscellaneous Reports, if any: Council Member Parlet urged water customers to monitor their water bills for

evidence of leaks.

Council Member Spillman had nothing to report.

Council Member Turner encouraged attendance at the Bass Bowl football gam

to be held at Clear Lake High School on October 30, 2015 between Clear Lake

High and Kelseyville High.

Council Member Mattina reported that LAFCo approved the City’s proposed

Sphere of Influence update at their meeting on October 14, 2015.

Mayor Scheel also attended LAFCo, as well as the APC and LTA meetings last

week.

City Manager Silveira reported on the public informational meeting regarding t

Downtown Improvement Project. The response has been favorable.

Finance Director Buffalo invited Council to attend two upcoming meetings

regarding the Lakeport Unified School District’s Bond Oversight Committee and

Board meeting next week. He is also researching a replacement P.A. system fo

the Chambers.

VIII. ADJOURNMENT: Mayor Scheel adjourned the meeting at 6:53 p.m.

_______________________________________

Martin Scheel, Mayor

Attest:

_______________________________________

Hilary Britton, Acting Deputy City Clerk


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heck Register Packet: APPKT00125-10-27-15 WARR

0/27/2015 6:31:13 PM Page

endor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount

661 STAPLES CONTRACT & COMMERCIAL 10/27/2015 48181339.54Regular 0.00

401 STEVENSON SUPPLY 10/27/2015 48182359.05Regular 0.00

181 SUN RIDGE SYSTEMS, INC. 10/27/2015 481834,752.00Regular 0.00

200 SWRCB ACCOUNTING OFFICE 10/27/2015 481849,437.86Regular 0.00

552 U.S. BANK 10/27/2015 481855,059.57Regular 0.00

310 USA BLUE BOOK 10/27/2015 48186420.16Regular 0.00

815 VALLEY TOXICOLOGY SERVICES INC 10/27/2015 4818785.00Regular 0.00

0164 WESTGATE PETROLEUM CO., INC. 10/27/2015 481882,423.12Regular 0.00

144 YOUNG'S TOWING 10/27/2015 481891,080.00Regular 0.00

Regular Checks

Manual Checks

Voided Checks

Discount

Payment

CountPayment Type

Bank Code AP BANK Summary

Bank Drafts

EFT's

63

0

0

0

0

0.00

0.00

0.00

0.00

0.00

63 0.00

Payment

222,894.84

0.00

0.00

0.00

0.00

222,894.84

Payable

Count

102

0

0

0

0

102


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heck Register Packet: APPKT00125-10-27-15 WARR

Page 0/27/2015 6:31:13 PM

Fund Name AmountPeriod

Fund Summary

998 POOLED CASH 222,894.8410/2015

222,894.84


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From: [email protected]

To: Hilary Britton

Subject: Re: Application 2016-001 - Home Wine & Beer Makers Festival

Date: Friday, October 02, 2015 1:24:29 PM

Attachments: image003.png

Police:

1-additional Police Officer to cover for dayshift due to amount of people in attendance with alcohol.

Officer rate is $68.00 per hour for 5 hours while the event is taking place.

Lt

A true hero is not defined simply by the uniform he or she is wearing but rather the person who's wearing it!

-----Original Message-----From: Hilary Britton [mailto:[email protected]]Sent: Friday, October 2, 2015 11:59 AMTo: Amanda Frazell ([email protected]),

Cheryl Bennett ([email protected]), 'Cynthia Ader', 'Doug Grider','Executive Management', 'Gary Basor', 'Jason Ferguson', 'Jim Kennedy', 'Linda Sobieraj',Lori Price ([email protected]), Mark Wall ([email protected]),'Mike Sobieraj', Pheakdey Preciado ([email protected]),'Rebekah Dolby', 'Ron Ladd', Tina Rubin ([email protected])Subject: Application 2016-001 - Home Wine & Beer Makers Festival

Please find attached Application 2016-001 for the annual Home Wine & Beer Makers estival to be held June 18, 2016 in Library Park, for your review.

I would like to submit this application to the City Council at the November 3, 2015 meeting, so please have your comments back to me by October 27, 2015. Thank you for your input. Hilary Britton

Acting Deputy City Clerk

City of Lakeport

225 Park Street

Lakeport, CA 95453

(707) 263-5615 x43

[email protected]

Thi s emai l checked wi t h McAf ee SaaS.

mailto:[email protected]:[email protected]:[email protected]://cp.mcafee.com/d/2DRPoArhoopuh7ce3ztPqdQTCkTzhOUedETjupjd7dQkjqdQTCkTzhOUYrhKCY-ej7cECOp2cFPH05mBcJlQ_iLHlzfBPtFjbltfQHWRoPVsSgt7vZT7-LObPRTQkTeLsKeuLPbOoVYsYNR4kRHFGTspVkffGhBrwqrjdFCXYCCUYM-UOesdTdw0XiCmGWvFnRGNDO-6N5TUAmWlw2zZa-JmcRGDOJ_00jrarXb1I5-Aq811po-lJDaI3h0Dt5MLuW9EwbCy0bRlYQg0ba7Cy1EQg3f_4Qg3uBvzgQg2_QD8PFVJYQsCWDpOhttp://cp.mcafee.com/d/1jWVIg41ASyMMOYyeos76XCQrFLcFL6zBMsrhKCYOCqerEECQrFLcFL6zBNUSztdVYsCephdAO4pjDm0aJapqHF-BvmH6vbCXiCmGWvFnRGNDOVIwWe_XKfZvAnDHLEFKtuVssZvCnANPUVVzG8FHnjlKUPOEuvkzaT0QSyrjdTVddNVxZNAsUrKr9PCJhbcasXJL8lGlVv5J8_j1akONuHFsaWlZqIpUyztN4QsILf6zBVB4sYr4nvyhrFm0afQHWRoPmGvaTY01dIFLII6MnWhEw45BzVmSsGMd42tQn2ZXECy0Kq80LlnPh00IEuq86zh0c_Yjh0dWl-d3h0b_iszeDCTPhOrCWtMmailto:[email protected]:[email protected]:[email protected]


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From: Lori Price

To: Hilary Britton

Subject: RE: Application 2016-001 - Home Wine & Beer Makers Festival

Date: Tuesday, October 13, 2015 4:55:21 PM

Attachments: image006.png

Woops… missed this one. I have reviewed the above subject event and it does not appear to impact

county roads in any way. We therefore have no comments or conditions to attach to this application.

Thank you,

Lori Price

Secretary III

Lake County Department of Public Works

255 N. Forbes Street, Rm 309

Lakeport, CA 95453

(707) 263-2341

[email protected]

From: Hilary Britton [mailto:[email protected]]Sent: Friday, October 02, 2015 11:59 AMTo: Amanda Frazell; Cheryl Bennett; Cynthia Ader; Doug Grider; Executive Management; Gary Basor; Jason Ferguson; Jim Kennedy; Linda Sobieraj; Lori Price; Mark Wall ([email protected]); Mike Sobieraj; Pheakdey Preciado; Rebekah Dolby; Ron Ladd; Tina RubinSubject: Application 2016-001 - Home Wine & Beer Makers Festival

Please find attached Application 2016-001 for the annual Home Wine & Beer Makers estival to be held June 18, 2016 in Library Park, for your review.

I would like to submit this application to the City Council at the November 3, 2015 meeting, so please have your comments back to me by October 27, 2015. Thank you for your input. Hilary Britton

Acting Deputy City Clerk

City of Lakeport

225 Park Street

Lakeport, CA 95453

(707) 263-5615 x43

[email protected]

mailto:[email protected]:[email protected]:[email protected]://cp.mcafee.com/d/2DRPosrhooo7fnvhd79KVJ6WrParNEVs76QrFLcFCzCWa9J6WrParNEVsudETjuv79zCkjpcx6kVRw2HiCmGWvFnRGNDOVKQFBGKDWlZqIpYKrpYQsCzB15N_HY_tNVxDHTbFFIesyyyOMqememKzp55mXP_axVZicHs3jqpJcTvAjhOCqem4SjhOevdTdw0XiCmGWvFnRGNDO-6PWNBOQpmY57Wl-RmUjbmTydj9JBOXX1I5zihEw45BzVmSsGMd42tQn2ZXECy0Kq80LlnPh00IEuq86zh0c_Yjh0dWl-d3h0b_iszeDCTPhOrq9ophttp://cp.mcafee.com/d/avndygQcCQm661PRTQjhOrKrhKCYOCYqen1NJ6WrPapEVKyyrhKCYOCYqen7zqdQTDNOoVB4Sj8hBeto0GQFBGKDWlZqIpYKrJapqHF-BvmH6vbCSvd79EVghsvW_fTsuopWZOWqr3D8EEII6zBzBHEShhlKY_OEuvkzaT0QSyrjdTV4QsFCzBxdAQszDPtPpesRG9pxjDtJV2JiLbUJF7Wo9iCmbRtbxniLHlzf4krK8CzBBVUQsLcEzDzpZoOVqcHu2zZa_qHs9BHrN6FASOVtZwS2NF8Qg22ONYHrelo6y1eWbxuZQjh0nd40nGHVEw0mkfd43hEw6v-9Ew6Za_6xEw5_FehDjPrVEVdSqBLmailto:[email protected]:[email protected]:[email protected]


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CITY OF LAKEPORT

City Council

City of Lakeport Municipal Sewer District

Lakeport Redevelopment Successor Agency

STAFF REPORT

RE: Business License Penalty Waiver MEETING DATE: 11/3/2015

SUBMITTED BY: Daniel Buffalo, Finance Director

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to waive late payment penalties associated with the business license renewal for

Grocery Outlet.BACKGROUND/DISCUSSION:

Chapter 5.04 of the Lakeport City Code requires all commercial enterprise doing business in the City of Lakeport

to file an application and pay a fee for the privilege. Section 5.04.210 (last revised in 1969) subjects any such

business that files a renewal application after the prescribed due date to a penalty of fifty percent the

outstanding fee owed. Grocery Outlet renewed its application eleven days after it was due and, subsequently,

was subject to the penalty, totaling $175.50. It paid the penalty accordingly.

The Council has discretion to waive the penalty upon request, which the owner has done. Because of the short

amount of time the renewal was past due, staff recommends granting the waiver.

Further, upon more detailed review of the code, staff believes that certain sections pertaining to business

licensing are dated and in need of updating. Management will bring such proposed revisions to Council at alater date.

OPTIONS:

1. Approve the waiver of penalties associated with the business license renewal of Grocery Outlet in

Lakeport for the 2015-16 license period.

2. Do not approve but provide direction to staff.

FISCAL IMPACT:

None $175.00 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 approve the waiver of penalties associated with the business license renewal for Grocery Outlet in

Lakeport and issue a full refund of the penalty amount.

Attachments:

Meeting Date: 11/03/2015 Page 1 Agenda Item #IV.E.


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CITY OF LAKEPORT

City Council

City of Lakeport Municipal Sewer District

Lakeport Redevelopment Successor Agency

Lakeport Industrial Development Authority

STAFF REPORT

RE: Annual Maddy Act Report MEETING DATE: 11/03/2015

SUBMITTED BY: Kelly Buendia, Acting City Clerk



The City Council is being asked to receive and file an annual report pursuant to the Maddy Act.

BACKGROUND/DISCUSSION:

The Maddy Act (Government Code Sections 54970 through 54974) requires that on or before December 31 of

each year, each legislative body prepare an appointments list of all regular ongoing boards, commissions, and

committees which are appointed by the legislative body of the local agency.

Pursuant to the Maddy Act, the list must contain the list of all appointive terms that expire during the next

calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires,

and the necessary qualifications for the position. The list must be made available to the public.

Upon filing of the report, staff will begin actively recruiting vacant positions and bring back candidates to theCouncil prior to term expiration.

OPTIONS:

There are no options as this matter is statutorily mandated.

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 receive and file the annual Maddy Act Appointment List.

Attachments: 1. Maddy Act Appointment List

Meeting Date: 11/030/2015 Page 1 Agenda Item #VI.A.1.


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CITY OF LAKEPORT

MADDY ACT APPOINTMENT LIST 2016

NOTICE: In compliance with the requirements of the Maddy Act (Government Code §54970, et seq.), the following appointment list

was posted on or before December 31, 2015, at the City Hall, City of Lakeport, 225 Park Street, Lakeport, CA 95453, and at the

Lakeport Library, 1425 North High Street, Lakeport, CA 95453. The City Council of the City of Lakeport will make appointments to

the positions below which will expire or will otherwise become vacant in 2016. Unless noted otherwise, all appointees must be

residents of the City of Lakeport.

PLANNING COMMISSIONThe Planning Commission meets the second Wednesday of each month at 5:00 p.m. in the Council Chambers of City Hall. The city council may

appoint one member who lives outside of the city limits but within the Lakeport zip code area.

COMMISSIONER DATE APPOINTED TERM ENDS

Ken Wicks May 1, 2012 December 31, 2016

Thomas Gaynor June 19, 2012 December 31, 2016

Harold Taylor December 2, 2014 December 31, 2018

Ross Kauper December 2, 2014 December 31, 2018

Suzanne Russell December 2, 2014 December 31, 2018

PARKS & RECREATION COMMISSION

The Parks & Recreation Commission meets on the second Thursday of each month at 3:00 p.m. in the Council Chambers at City Hall.COMMISSIONER DATE APPOINTED TERM ENDS

Ann Blue December 17, 2013 December 31, 2015

Cindy Ustrud December 17, 2013 December 31, 2015

Suzanne Russell December 17, 2013 December 31, 2015

Suzanne Lyons December 2, 2014 December 31, 2016

VACANT December 31, 2016

TRAFFIC SAFETY ADVISORY COMMITTEE

The Traffic Safety Advisory Committee meets, as needed, on the third Wednesday of each month at 9:00 a.m. in the City Hall Conference Room.

Two of the voting members shall have a background in traffic safety and/or have a familiarity with the California Vehicle Code.

COMMISSIONER DATE APPOINTED TERM ENDSSteven Jones October 5, 2010 March 1, 2013

Vicki Cole April 24, 2006 March 1, 2013

Ann Blue February 15, 2011 March 1, 2015

Kermit Knudson February 15, 2011 March 1, 2015

Suzanne Russell February 15, 2011 March 1, 2015

Walter Cox (non-voting) February 15, 2011 March 1, 2015

LAKEPORT ECONOMIC DEVELOPMENT ADVISORY COMMITTEE

This committee meets the first Wednesday of each month at 7:00 a.m. in the Council Chambers at City Hall. Membership to this committee is open

to anyone who lives, works, shops, or does business in the City of Lakeport. This includes residents who live in unincorporated areas of the

Lakeport trade area.

COMMISSIONER DATE APPOINTED TERM ENDS

Christine Hutt December 17, 2013 December 31, 2015

George Linn December 17, 2013 December 31, 2015

Pamela Harpster February 4, 2014 December 31, 2015

Paula Pepper-Duggan December 17, 2013 December 31, 2015

Taira St. John December 17, 2013 December 31, 2015

Chris King December 2, 2014 December 31, 2016

Melissa Fulton December 2, 2014 December 31, 2016

Rebecca Southwick December 2, 2014 December 31, 2016

Rick Hamilton December 2, 2014 December 31, 2016

Wilda Shock December 2, 2014 December 31, 2016

William Eaton December 2, 2014 December 31, 2016


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CITY OF LAKEPORT

City CouncilCity of Lakeport Municipal Sewer District

STAFF REPORT

RE: PEG Channel Agreement MEETING DATE: 11-2-15

SUBMITTED BY: Margaret Silveira, City Manager



The City Council is being asked to consider the approval of an agreement between the City of Lakeport,Clearlake and the County of Lake relative to the operation of a local public educational, governmental

(PEG) channel.

BACKGROUND:

In 2007, the County of Lake and the City of Clearlake entered into a written agreement in where they jointlyassumed formal responsibility for the operation and maintenance and funding of this PEG Channel.

In 2013, the City of Lakeport, along with the City of Clearlake and the County, implemented the portion ofSection 5870(n) of the Public Utilities Code which enables each of the entities to impose an additional 1%franchise fee specifically and exclusively for the purpose of funding to support PEG Channel facilities. Theadditional 1% franchise fee is remitted to each entity by Mediacom. Each entity then remits the fee to theCity of Clearlake special agency fund for the capital budget utilized exclusively for allowable incurred

expenses by the PEG Channel for their capital budget.

In 2014, Mayor Scheel was appointed to the PEG Board by the PEG Board members.

DISCUSSION:

If the agreement is approved, general supervision of the PEG Channel shall be under the control of a Boardof PEG Channel Directors, made of five (5) members, three of whom shall be appointed by the governingboards of the respective governmental entities, (1) appointed by Board of Supervisors; one (1) appointed bythe Clearlake City Council; one (1) appointed by the Lakeport City Council; and two (2) members of thegeneral public appointed by

three Directors appointed by the parties to this Agreement.

This agreement between the three entities to operate the PEG Channel will provide funds to the operatingbudget. The County of Lake is committing $15,000, the City of Clearlake is committing $8,000 (in-kindstaff, facilities, insurance, and operating expenses), and the City of Lakeport is committing $2,000, on anannual basis.

OPTIONS:

Approve to Agreement.

Approve Agreement with modifications.

Disapprove Agreement.

Meeting Date: 11/03/2015 Page 1 Agenda Item #VI.B.1.


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FISCAL IMPACT:

$2,000 General Fund Account Number: Comments:

SUGGESTED MOTIONS:

Move to approve an agreement between the City of Clearlake, City of Lakeport and the County of Lakerelative to operation of a local public, educational, governmental cable television channel, referred to as thePEG Channel.

Attachments: 1.

Agreement

Meeting Date: 11/03/2015 Page 2 Agenda Item #VI.B.1.


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1

AGREEMENT BETWEEN THE CITY OF CLEARLAKE, CITY OF LAKEPORT

AND COUNTY OF LAKE RELATIVE TO OPERATION OF A LOCAL PUBLIC,

EDUCATIONAL, GOVERNMENTAL (PEG) CABLE TELEVISION CHANNEL

THIS AGREEMENT is entered into this ______ day of __________, 2015, by and

between the County of Lake, the City of Lakeport, and the City of Clearlake, for theoperation of a local public, educational, governmental cable television channel,

hereinafter referred to as the PEG Channel.

RECITALS

WHEREAS, the City of Clearlake initially operated a local PEG Channel through its

franchise agreement with Mediacom and representatives of the County of Lake and City

of Lakeport participated with representatives of the City of Clearlake as members of an

advisory committee established by the City of Clearlake to assist in administering and

managing the PEG Channel; and

WHEREAS, in 2007, the County of Lake and the City of Clearlake entered into a written

agreement through which they jointly assumed formal responsibility for the operation,

maintenance and funding of this PEG Channel in the best interest of the citizens of Lake

County; and

WHEREAS, the City of Lakeport now also wishes to formally participate with the City

of Clearlake and the County of Lake in the operation, maintenance and funding of the

PEG Channel and it is appropriate that all three entities enter into a written agreement for

that purpose.

NOW, THEREFORE, IT IS UNDERSTOOD AND AGREED by the parties hereto as

follows:

ESTABLISHMENT, MEMBERSHIP, AND TERM OF OFFICE OF THE BOARD

OF DIRECTORS OF PEG T V

1. The County of Lake, City of Lakeport and City of Clearlake agree to jointly

administer and manage the PEG Channel, which shall henceforth be known as and

publicly identified as the Lake County PEG Channel.

2. General supervision of the PEG Channel shall be under the control of a Board of

PEG Channel Directors, three of whom shall be appointed by the governing

boards of the respective governmental entities, to wit: a board of five (5) Directors,

one (1) of whom shall be appointed by the Board of Supervisors; one (1) of whom

shall be appointed by the City Council of the City of Clearlake; one (1) of


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2

whom shall be appointed by the City Council of the City of Lakeport; and two (2)

members of the general public appointed by majority vote of the three Directors

appointed the parties to this Agreement.

3. The term of the three board members appointed by the two cities and the Countyshall expire on the first Monday in January of every even-numbered year and the

term of the other two board members shall expire on the first Monday in Januaryof every odd-numbered year. Upon expiration, board members may apply for reappointment. Each member shall serve until his or her successor is dulyappointed and qualified.

DUTIES AND POWERS OF THE BOARD OF PEG CHANNEL DIRECTORS

4. The Board of Directors so established shall be responsible for:

a. Prescribing all rules and regulations for the operation and management of

the PEG channel, including adoption of community programming policies;

b. Providing general supervision of the PEG TV Manager who shall haveresponsibility for the day- to -day management and operation of thechannel, which shall include reviewing and authorizing the expenditure offunding provided pursuant to Section 6, below, submitting to each agency by March 1

st of each year. a capital budget for the next fiscal year, which

shall be funded by the 1% fee collected pursuant to Section 5870(n) of thePublic Utilities Code, and a separate operating budget , which shall befunded by all other unrestricted funds; and submitting to each agency by by

December 1 of each year fiscal records, as described in Section 6 below,detailing the expenditure of monies in the capital budget and the operating budget for the preceeding fiscal year ;

c. Seeking underwriting income for operation of the channel;

d. Reporting at least annually to the governing bodies of their respective political entities on the status of the above;

e. Reporting regularly to their respective governing bodies as each shallrequire upon the uses and needs of the PEG Channel in order to providemaximum public benefit and use of the Channel;

f. Recommending any modifications of this Agreement as may be deemedappropriate; and

g. Upon any pending termination of this Agreement, the Board of Directorsshall recommend the manner of disposition of the property and


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improvements purchased with funding provided through this Agreement.

LEAD AGENCY

5. It is agreed by all parties to this Agreement that the City of Clearlake shallcontinue being the lead agency in administering the PEG Channel. Anyemployees or contractors hired to work on operation of the PEG Channel workingunder the direction of the PEG Channel Board of Directors shall be employees orcontractors of the City of Clearlake, unless by mutual written Agreement of all parties to this Agreement, the City of Lakeport or County of Lake are designated ata future date as the lead agency

FISCAL OBLIGATIONS

6. a. Operating Budget. This Agreement is made and entered into in contemplationof the County of Lake, City of Clearlake and City of Lakeport allocating funds ineach fiscal year throughout the term of this Agreement for operation of the PEGChannel in the following amounts: the County of Lake ($15,000); City ofClearlake ($8,000) and the City of Lakeport ($2,000). The amount from the Cityof Clearlake may be provided in-kind by providing staffing, facilities, insurance,and other operating expenses As stated in Section 4(b) above, an operating budget shall be prepared and submitted to each governing body by March 1

st of each year,

for the following fiscal year. Upon receipt of said monies, the City of Clearlakeshall deposit them in a special agency fund established by the Finance Director of

the City of Clearlake and shall be used exclusively for payment of expensesincurred in operating the PEG Channel as authorized by the Board of Directors.

b. Capital Budget. It is further understood and agreed that the Lake County Boardof Supervisors, the Clearlake City Council and the Lakeport City Council haveimplemented tha portion of Section 5870(n)of the Public Utilities Code whichenables each of their respective governmental entities to impose an additionalfranchise fee specifically and exclusively for purposes of funding to support PEGchannel facilities consistent federal law. It is understood that all revenuesgenerated from said additional fee are remitted to each respective localgovernment by Mediacom. The County of Lake, City of Clearlake and City ofLakeport shall remit such revenues to the City of Clearlake to deposit into aspecial agency fund for the capital budget to be utilized exclusively for legallyallowable expenses incurred by the PEG channel. The capital budget (asmentioned in Section 4. b above) shall show the planned expenditures to be funded by said 1% fee. Revenues not spent in the current fiscal year may be retained inthe special agency fund for legally allowable expenses as may arise in future fiscalyears.


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c. Fiscal Records. As the Lead Agency, the City of Cearlake shall prepare andmaintain accounting records and adopt fiscal policies and practices that are incompliance with standard accounting practices prescribed by the County Auditor-Controller. All records and documentation detailing how funds provided under this

Agreement are expended shall be maintained by the City of Clearlake for at leastthree (3) years after final expenditure of funds. Said records and documentationshall be made available to the governing body of each participating agency uponrequest

d. Non-appropriation. In the event any party to this Agreement does notappropriate the amount specified in Section 6.a in their annual budget, said partyshall have the right to withhold the amount without incurring any damages or penalties., If such funding is not provided in one fiscal year, the governing body ofthe party withholding said monies, shall consider providing that amount in the

next fiscal year in addition to the monies provided for the current year..

TERM

7. This Agreement shall begin on the date of execution by all parties to thisAgreement and shall continue in full force and effect until June 30, 2018 unlessterminated as hereinafter provided. By March 1, 2018 , the City Managers of eachCity and the County Administrative Officer shall meet to discuss the extension ofthis Agreement for another three year period.

DUE PERFORMANCE - DEFAULT

8. Each party to this Agreement undertakes the obligation that the other’s expectationof receiving the performance due under the terms of this Agreement will not beimpaired. Upon the occurrence of any default of the provisions of this Agreement,a party shall give written notice of said default to the other parties. If the party indefault does not cure the default within 30 days of the date of that notice (i.e. thetime to cure) then such party shall be in default. The time to cure may be extendedat the discretion of the party giving notice. Any extension of time to cure shall bein writing executed by all parties to this Agreement and must specify the reason(s)for the extension and the date the extension of time to cure expires.

Notice given under this provision shall specify the alleged default and theapplicable Agreement provision and shall demand that the party in default performthe provisions of this Agreement within the applicable time period. No suchnotice shall be deemed a termination of this Agreement, unless the party givingnotice so elects in that notice, or so elects in a subsequent written notice after thetime to cure has expired.


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TERMINATION

9. Any party to this Agreement may withdraw from the Agreement by submitting aletter of withdrawal to the Board of Directors no later than May 1

st of each year, to

become effective on June 30th

.

INSURANCE

10. Compensation Insurance. As the Lead Agency, the City of Clearlake shall procure and maintain, at its own expense during the term hereof, Workers’Compensation Insurance and Employer’s Liability Insurance as required by theState of California, for all employees to be engaged in work under this Agreement.In any case such work is contracted, contractors shall be required similarly to provide Employers’ Liability Insurance and Workers’ Compensation Insurance f orall of the latter’s employees to be engaged in such work, unless such employees

are covered by the protection afforded by Contractor’s Workers’ Compensation

Insurance and Employer’s Liability Insurance. Employer’s Liability Insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) peroccurrence.

11. Commercial General Liability. As the Lead Agency, the City of Clearlake, shall procure and maintain, at its own expense during the term hereof, upon himselfand his employees at all times during the course of this Agreement, CommercialGeneral Liability Insurance (Occurrence Form CG0001) for bodily injury, personal injury, and broad form property damage, in an amount of not less thanOne Million dollars ($1,000,000.00) combined single limit coverage per

occurrence, including but not limited to endorsements for the following coverages;Personal and advertising injury, Premises-operations, Products and completedoperations, Blanket contractual, and Independent contractor’s liability.

12. Automobile Liability Insurance. As the Lead Agency, the City of Clearlake,shall procure and maintain, at its own expense during the term hereof,Comprehensive Automobile Liability Insurance, both bodily injury and propertydamage, on owned, hired, leased, and non-owned vehicles used in connection withfulfilling the terms of this Agreement in an amount not less than One MillionDollars ($1,000,000.00) combined single limit coverage per occurrence.

INDEMNIFICATION - HOLD HARMLESS

13. Each party shall indemnify and hold the other parties harmless against all actions,claims, demands, and liabilities and against all losses, damage, cost, expenses, andattorney’s fees, arising directly or indirectly out of an actual or alleged injury to a person or property in the same proportion than its own acts and/or omissions areattributed to said claim, demand, liability, loss, damage, cost, expenses, and/or


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attorney’s fees. This provision shall not extend to any claim, demand, liability,loss, damage, cost, expenses, and/or attorney’s fees covered by the insurance of

either party.

The obligations under this Section shall survive the termination of the Agreement.

WARRANTIES

14. Non-Discrimination in Employment. In the performance of the work authorizedunder this Agreement, the parties to this Agreement shall not unlawfullydiscriminate against any qualified worker because of race, religious creed, color,sex, sexual orientation, national origin, ancestry, physical disability, mentaldisability, medical condition, marital status, or age.

15. Adherence to Applicable Disability Law. The parties to this Agreement shall be

responsible for knowing and adhering to the requirements of Section 504 of theRehabilitation Act of 1973, the Americans with Disabilities Act, (42 U.S.C.Sections 12101, et seq,). California Government Code Sections 12920 et seq., andall related state and local laws.

16. HIPAA Compliance. The parties to this Agreement will adhere to Titles 9 and 22and all other applicable Federal and State statutes and regulations, including theHealth Insurance Portability and Accountability Act of 1996 (HIPAA) and willmake their best efforts to preserve data integrity and the confidentiality of protected health information.

17. Safe Responsibilities. The parties to this Agreement will adhere to all applicableCalOSHA requirements in performing work pursuant to this Agreement. The parties to this Agreement agree that in the performance of work under thisAgreement, they will provide for the safety needs of its employees and will beresponsible for maintaining the standards necessary to minimize health andsafety hazards.

MODIFICATION

18. This Agreement may only be modified by a written amendment thereto, executed by all parties.

ATTORNEYS FEES AND COSTS

19. If any action at law or in equity is necessary to enforce or interpret the terms ofthis Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.


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JURISDICTION AND VENUE

20. This Agreement shall be construed in accordance with the laws of the State ofCalifornia and the parties hereto agree that venue of any action or proceedingregarding this Agreement or performance thereof shall be in Lake County,

California.SEVERABILITY

21. If any provision of this Agreement is held to be unenforceable, the remainderof this Agreement shall be severable and not affected thereby.

NOTICES

22. All notices that are required to be given by one party to the other party under thisAgreement shall be in writing and shall be deemed to have been given if delivered

personally or enclosed in a properly addressed envelope and deposited with theUnited States Post Office for delivery by registered or certified mail addressed tothe parties at the following addresses, unless such addresses are changed by notice,in writing, to the other party.

County of Lake City of Clearlake City of Lakeport255 North Forbes St. 14050 Olympic Drive 225 Park StreetLakeport, California, 95453 Clearlake, CA 95422 Lakeport, California 95453Attn: County Adm. Officer Attn: City Administrator Attn: City Manager

ADDITIONAL PROVISIONS

23. This Agreement shall be governed by the laws of the State of California. Itconstitutes the entire Agreement between the parties regarding its subject matter.This Agreement supersedes all proposals, oral and written, and all negotiations,conversations or discussions heretofore and between the parties related to thesubject matter of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their properofficers.

COUNTY OF LAKE

_____________________Chair, Board of Supervisors

ATTEST: Matt Perry APPROVED AT TO FORM:


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Clerk of the Boardof Supervisors ANITA L. GRANT

County Counsel

By:_____________________ By:______________________

CITY OF CLEARLAKE

____________________ APPROVED AS TO FORMMayor, City of Clearlake City of Clearlake Attorney

ATTEST: City ClerkBy:_______________________

____________________

CITY OF LAKEPORT

_______________________ APPROVED AS TO FORMMayor, City of Lakeport City of Lakeport Attorney

ATTEST: City Clerk By:__________________________

____________________

110315 lakeport city council agenda

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