MINUTES LAKEPORT CITY COUNCIL REGULAR MEETING February 6, 2007 I.

CALL TO ORDER: ROLL CALL:

Mayor Parmentier called the regular meeting of the City Council of the City of Lakeport to order at 6:00 p.m. with Council Members Buzz Bruns, Bob Rumfelt, Jim Irwin, and Ron Bertsch present.

II.

PLEDGE OF ALLEGIANCE:

The Pledge of Allegiance was led by Mayor Parmentier.

III.

ACCEPTANCE OF AGENDA:

A motion was made by Council Member Rumfelt, seconded by Council Member Bruns, and unanimously carried by voice vote to accept the agenda as presented.

IV.

COMMUNICATIONS: A.

Citizen Input:

B.

Applications: 1. Application No. 2007-01

V.

There was no Citizen Input.

North Shore Ministries is requesting use of Library Park and a section of Park Street from Second to Third Street plus the gazebo for a concert, outreach, baptisms, food, jump houses, and skateboard ramps on Sunday, August 19, 2007. Pastor Victor Rogers was present to address the application. The event needs to be set up so that the Fire Department can get a truck or ambulance through. Discussion was also held regarding noise levels which will need to be no louder than the summer concert series. Amplification shall not occur until after 11:00 a.m. A motion was made by Council Member Rumfelt, seconded by Council Member Bruns, and unanimously carried by voice vote to approve Application No. 2007-01 contingent upon proof of insurance and that approval of the skateboard aspect be reserved until such time as it is approved by REMIF.

CONSENT CALENDAR: 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.

Warrants:

Approve warrants as listed on Warrant Register dated February 6, 2007.

C.

Minutes:

Approve minutes of the regular City Council meeting of January 9, 2007, and the special City Council meeting of January 30, 2007.

D

Building Permit Report

Receive and file Monthly Building Permit Report for December, 2006.

E.

Terra Partners, LLC Housing Project

Receive and file letter from Congressman Mike Thompson regarding the Terra Partners Martin Street Affordable Housing Project.

F.

Correspondence to PG&E Regarding Main Street Lights

This item was pulled from the Consent Calendar for discussion

Vote on Consent Agenda:

A motion was made by Council Member Bruns, seconded by Council Member Bertsch, and unanimously carried by voice vote to approve the Consent Calendar, Items A through E, as posted, with Item F pulled for discussion, and authorize the Mayor to sign any appropriate documents.

F.

A motion was made by Council Member Bertsch, seconded by Council Member Bruns, and unanimously carried by voice vote to authorize staff to submit a formal letter from the City Council to PG&E requesting that the Main Street streetlights be removed or the City will pursue further action with the P.U.C.

Correspondence to PG&E Regarding Main Street Lights

Minutes of the City Council Meeting of February 6, 2007 VI.

VII.

PUBLIC HEARINGS: A.

Program Income Reuse Plan

A public hearing was opened at 6:16 p.m. to solicit public comment on the City of Lakeport’s intention to revise the Program Income Reuse Plan which dictates how Community Development Block Grant (CDBG) Business Loan Program income can be reused. There was no public input, and the public hearing was closed at 6:17 p.m. A motion was made by Council Member Bruns, seconded by Council Member Rumfelt, and unanimously carried by voice vote to adopt Resolution No. 2292 (2007) adopting the “Program Income Reuse Plan 2007” governing program income from CDBG-assisted activities and direct staff to transmit a copy to HCD.

B.

Planning and Technical Assistance Grant

A public hearing was opened at 6:19 p.m. The accomplishments of Planning and Technical Assistance Grant #03-PTAA-0010 for the development of the Downtown Improvement Plan were discussed, as well as how the City is moving forward with the downtown improvements. There was no public comment, and the public hearing was closed at 6:19 p.m. A motion by Council Member Rumfelt, seconded by Council Member Bruns, and unanimously carried by voice vote to accept the final Downtown Improvement Plan.

CONVENE JOINT MEETING OF THE CITY COUNCIL AND LAKEPORT REDEVELOPMENT AGENCY: A. B.

Call to Order (LRA): Roll Call (LRA):

Chairman Parmentier called the meeting of the Lakeport Redevelopment Agency to order at 6:19 p.m. with Agency Members Buzz Bruns, Bob Rumfelt, Jim Irwin, and Ron Bertsch present.

C.

Minutes (LRA)

A motion was made by Agency Member Rumfelt, seconded by Agency Member Bruns, and unanimously carried by voice vote to approve the Minutes of the January 9, 2007, Redevelopment Agency meeting.

D.

Citizen Input:

There was no Citizen Input.

E.

Acting Executive Director:

F. VIII.

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1. Owner Participation Agreement with the Lake County Arts Council

A motion was made by Council Member Rumfelt, seconded by Council Member Bruns, and unanimously carried by voice vote to approve the Owner Participation Agreement by and between the Lakeport Redevelopment Agency and the Lake County Arts Council for the $200,000 loan for the Soper Reese Theater project, subject to review by the Arts Council and minor modifications as required, and authorize the Lakeport Redevelopment Agency Chairman to execute the final form of the Agreement.

Adjourn (LRA):

The Redevelopment Agency meeting was adjourned at 6:22 p.m.

CONVENE JOINT MEETING OF THE CITY COUNCIL AND THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT: A.

Call to Order:

B.

Acting City Manager:

C.

Chairman Parmentier convened the joint meeting of the City Council and the Lakeport Municipal Sewer District to order at 6:22 p.m. with Board Members Buzz Bruns, Bob Rumfelt, Jim Irwin, and Ron Bertsch present.

1. Cease and Desist Order

Acting City Manager Knoll gave a background regarding the Cease and Desist Order received in January. Options for potential CLMSD expansion projects include a bypass channel around the recapture basin, installation of new irrigation facilities, and construction of a new storage reservoir or expansion of the existing reservoir to gain more treated wastewater storage capacity. Mayor Parmentier suggested we look at injection wells. The Contract with the County of Lake regarding the Rose Avenue Pump station will be reviewed. This item will be agendized for a report at the next City Council meeting.

Adjourn from CLMSD:

The meeting was adjourned from CLMSD at 7:13 p.m.

Minutes of the City Council Meeting of February 6, 2007 IX.

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ADMINISTRATIVE COMMUNICATIONS: A.

City Engineer 1. Recommendation for Funding for ADA Projects

Shane Idland, chairperson of the ADA Subcommittee, was present to address the Council. A motion was made by Council Member Rumfelt, seconded by Council Member Bruns, and carried by voice vote, with Council Member Irwin voting no, to allocate $50,000 of Measure I funding for projects identified by the ADA committee which will improve accessibility.

2. Award of Bid for Westshore Pool Project

A motion was made by Council Member Irwin to not award the bid at this time and adjust the scope of work to bring it more into line with the proposed budget. The motion died for lack of a second. A motion was made by Council Member Bruns, seconded by Council Member Rumfelt, and carried by voice vote, with Council Members Bertsch and Irwin voting no, to award the contract for the Westshore Pool Renovation project to Pool Time USA in the amount of $313,370.00 and direct staff to issue the Notice of Award and authorize the Mayor to sign the contract.

B.

Police Chief 1. Ordinance No. 861

C.

City Attorney 1. City Manager Ordinance

D.

A motion was made by Council Member Bruns, seconded by Council Member Rumfelt, and unanimously carried by voice vote to introduce Ordinance No. 861 (2007) and set the matter for public hearing on March 6, 2007, at 6:00 p.m.

The City Council will review the current ordinance and make suggested changes. Council Member Rumfelt has concerns regarding the City Manager’s control over the City Clerk since the City Clerk is appointed by the Council. Council Member Bertsch would like to see a June 1 date for completion of the budget included in the ordinance. This item will be agendized for the next meeting.

Acting City Manager: 1. Request for Policy Determination

A motion was made by Council Member Rumfelt, seconded by Council Member Bruns, and unanimously carried by voice vote to consider the City’s mistake and not seek repayment from the two injured employees for the over-payment of salary. A motion was made by Council Member Bruns, seconded by Council Member Rumfelt, and unanimously carried by voice vote to bring back a formal policy regarding the continuation of salary benefits for injured employees.

2. Nuisance Abatement

Patrick Joyce was present for the hearing for Nuisance Abatement. A motion was made by Council Member Irwin, seconded by Council Member Bertsch, and unanimously carried by voice vote that the City Council, in accordance with Municipal Code §8.22.060, direct the owner of the property located at 767 Third Street, and further described as APN 025-084-12, to abate the nuisance conditions described in File No. NA 06-01 by March 15, 2007, and that such abatement shall include the removal of all nuisance vehicles, trash, junk, and debris from the exterior of the property. In the event that the full abatement is not completed to the satisfaction of City Staff by that date, the City Council directs staff to arrange for the clean-up of said property, including the removal of all nuisance vehicles, with the stipulation that the cost of the actual abatement activity and related disposal actions does not exceed $10,000.00.

Minutes of the City Council Meeting of February 6, 2007

X.

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3. Frontage Improvements at 750 Ninth Street

John Magee and Jennifer Fox were present to discuss their property at 750 Ninth Street. They are doing improvements at their home that will exceed the $26,000 threshold where frontage improvements will be required. The house sits in the middle of a block that has no frontage improvements. This item will be tabled to the second meeting in March so that staff can bring back an amended ordinance regarding construction of right-of-way improvements.

4. Golf Course Project

There was a consensus of the Council to refer the proposed draft General Plan amendment language as submitted by Dale Neiman and the Golf Course Committee to the Lakeport Planning Commission for consideration and recommendation to the City Council.

5. Non-Native Invasive Aquatic Plants

A motion was made by Council Member Rumfelt, seconded by Council Member Bruns, and unanimously carried by voice vote to direct staff to prepare a draft ordinance regarding non-native invasive aquatic plants modeled after the County ordinance to prohibit the possession, sale, propagation, or release of specific species, and declaring such plants as nuisances within the City of Lakeport, and to prepare a Memorandum of Understanding between the City and the Lake County Department of Agriculture, Department of Weights and Measures, regarding enforcement of the City ordinance within the Lakeport City limits.

6. Fabric Carport Regulations

The Community Development Department will be sending out letters to those persons who are not in compliance with Section 17.28.010 BB of the City’s Municipal Code with regarding to fabric covered carports.

7. BASS/ESPN/CITCO Elite Bass Tournament

A motion was made by Council Member Bruns, seconded by Council Member Rumfelt, and unanimously carried by voice vote to approve the closure of the parking and travel lanes from Third Street to north of Fourth Street as shown on the staff-prepared map for the BASS/ESPN/CITCO Elite Bass Tournament from March 26 to April 1, 2007.

CITY COUNCIL COMMUNICATIONS: A.

Budget

The Preliminary Budget was approved. Since then, there have been approximately $193,000 in additional expenses approved that were not a part of the original budget.

B.

Vista Point Shopping Center

City Engineer Harter reported that he has received an updated map from the consultant. The property monuments have been set.

C.

Employee Luncheon

Council Member Rumfelt has had a discussion with Carlos & Vinny’s regarding doing our quarterly employee luncheon. This will be scheduled for March 22, 2007, from 11:30 a.m. to 1:00 p.m. Management staff will be asked to select their employee of the quarter.

D.

Letter to Regional Water Quality Control Board

A draft letter to the Regional Water Quality Control Board has been prepared, and there was Council consensus to send the letter.

E.

Miscellaneous Reports, if any:

Council Member Rumfelt and Council Member Bertsch attended the League of California Cities regional meeting in Ukiah on Friday. Council Member Bertsch went to a three-day League meeting for new Council members and attended a retreat for the Lakeport Chamber of Commerce. He will be attending the APC and Lake Transit Authority meeting. Chief Burke reported that the Volunteer Program is kicking off next week, and they will have four volunteers. One volunteer is particularly interested in working with vehicle abatement. City Attorney Brookes went to the REMIF training and reported that the City will be getting about $60,000 back for our workers compensation and insurance.

XI.

CLOSED SESSION:

The meeting was adjourned to a closed session at 9:25 p.m. pursuant to Government Code §54956.9(b), Major v. City of Lakeport, Lake County Superior Court Case No. CV402520

Minutes of the City Council Meeting of February 6, 2007

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XII.

REPORT FROM CLOSED SESSION;

At 10:06 p.m. the meeting was convened in open session. A motion was made by Council Member Bruns, seconded by Council Member Bertsch, and unanimously carried by voice vote to sell property to Tibor Major with a formal contract to come back for approval.

XIII.

ADJOURNMENT:

There being no further business, Mayor Parmentier adjourned the meeting at 10:09 p.m.

ATTEST

APPROVED

____________________________________ JANEL M. CHAPMAN, City Clerk

___________________________________________ ROY PARMENTIER, Mayor