032012 lakeport city council agenda and packet

8/2/2019 032012 Lakeport City Council Agenda and Packet

1/56

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. CLOSED SESSION: 5:00 p.m.

Pursuant to Government Code Section 54957.6 (Conference with Labor

Negotiators): Employee Groups: Unrepresented Employees; Negotiators: City

Manager; and Pursuant to Government Code Section 54956.9 (Anticipated

Litigation): one case.

II. REPORT FROM CLOSED SESSION:

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

IV. PLEDGE OF ALLEGIANCE:

V. 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 urgency ex(as defined in the Brown Act) and a 2/3rds determination that the need to take

action arose subsequent to the Agenda being posted.

VI. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon bCouncil at one time without any discussion. Any Council Member may request that any item be removed from th

Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Conse

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 March 6, 2012.

C. Application 2012-008 Approve Application 2012-008 for the Center for Life Choices for a casual walk

around Library Park on Saturday, April 28, 2012 from 8:30 to 10:00 a.m.

D. Application 2012-009 Approve Application 2012-009 for the Lakeport Main Street Association to hold

the Taste of Lakeport on Friday, August 17, 2012, the Very Merry Main Street o

Saturday, November 24, 2012, and an Arts and Crafts Fair on July 4, 2012.

E. Pay Ranges for Seasonal

Pool Classifications

Adopt a Resolution providing pay ranges for Seasonal Pool classifications.

F. Building Permit Report Receive and file Building Permit Report for February, 2012.

G. Reject Claim Reject claim of York Risk Services Group, Inc., upon advice of REMIF and City

Attorney.

VII. 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 tonights agenda. Persons wishing to address the City Council are required to completeCitizens 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 c

take action or express a consensus of approval or disapproval on any public comments regarding matters which

appear on the printed agenda.

B. Audit Report Presentation of report by auditor.

C. Mount Konocti Facilitation Presentation by Mount Konocti Facilitation.

VIII. PUBLIC HEARING(S):

A. CDBG Funds for 2011/2012 Consider staff recommendations regarding application for 2011-2012 State

Community Development Block Grant (CDBG) funding.

AGENDAREGULAR JOINT MEETING OF THE LAKEPORT CITY COUNCILTuesday, March 20, 2012

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


2/56

City Council and Lakeport Redevelopment Agency Agenda of March 20, 2012 Page 2

IX. COUNCIL BUSINESS:

A. City Manager

1. Oversight Board Appointments Serving as the Successor Agency to the Dissolved Redevelopment Agency of th

City of Lakeport, adopt a resolution confirming the appointments of an alterna

to the Oversight Board.

X. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any:

XI. ADJOURNMENT: Adjourn

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

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

staffs ability to post the documents before the meeting.

n compliance with theAmericans with Disabilities Act, the City of Lakeport will make available to members of the public any special assistance necessary to participate in t

meeting. The public should contact the City Clerks Office at (707) 263-5615 to make such a request. Notification 72 hours prior to the meeting will enable the City to ma

reasonable arrangements to ensure accessibility to this meeting.

___________________________________________

Janel M. Chapman, City Clerk
http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/


3/56

MINUTESLAKEPORT CITY COUNCIL

REGULAR MEETINGMarch 6, 2012

I. CALL TO ORDER:

ROLL CALL:

Mayor Mattina called the regular meeting of the City Council of the City of

Lakeport to order at 6:00 p.m. with Council Members Robert Rumfelt,

Suzanne Lyons, and Tom Engstrom present. Council Member Parmentier

was absent.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Public Works Director Grider.III. ACCEPTANCE OF AGENDA: A motion was made by Council Member Rumfelt, seconded by Council

Member Engstrom, and unanimously carried by voice vote to accept the

agenda as presented.IV. CONSENT AGENDA:

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

meeting for either introduction or passage per Government Code Section

36934.

B. Warrants: Approve warrant registers from February 21, 2012, and March 5, 2012.

C. Minutes: Approve minutes of the regular City Council meeting of February 21, 2012

and the special City Council meeting of February 28, 2012.

D. Application 2012-006

Redwood Childrens Services

Approve Application 2012-006 from the Redwood Childrens Services for a

advocacy walk and childrens festival at Library Park to be held on Saturda

April 21, 2012.

E. Letter from County Water

Resources

Receive and file letter from the County of Lake, Water Resources

Department, regarding aquatic plant management on Clear Lake for the

2012 season.

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

Member Engstrom, and unanimously carried by voice vote to approve the

Consent Agenda as posted.

V. PUBLIC PRESENTATIONS/ REQUESTS:

A. Citizen Input There was no citizen input.

B. Audit Report The auditor was not able to attend tonights meeting, and this will be

rescheduled for the next meeting.

VI. COUNCIL BUSINESS:

A. Public Works Director

1. Application 2012-007 A motion was made by Council Member Engstrom, seconded by Council

Member Rumfelt, and unanimously carried by voice vote to approve

Application No. 2012-007 for the annual Cinco De Mayo Festival on Sunda

May 6, 2012, on Park Street subject to recommendations by staff and therequirement that there be two officers paid for by the applicant at the

event.

2. Summer Day Camps at Pool A motion was made by Council Member Engstrom, seconded by Council

Member Rumfelt, and unanimously carried by voice vote to modify the

Summer Day Camp Program at the Westshore Pool to half-day sessions an

expand the program if other resources become available.


4/56

Minutes of the Lakeport City Council and Redevelopment Agency Meeting of March 6, 2012 Page

B. Community Development Director

1. Environmental Consultant for

USDA RD Community Facilities

Financing Application

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

Member Engstrom, and unanimously carried by voice vote to confirm the

actions of staff with respect to the use of an environmental consultant to

prepare the USDA RD Community Facilities financing application

environmental report and authorize the City Manager to execute the

necessary contract documents and provide a follow up report on the statu

and final costs.

IX. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports: Council Member Rumfelt reported that he will be attending the LAFCO

meeting in two weeks and the Indian Gaming Commission meeting in Apri

Community Development Director Knoll reported that LEDAC meets

tomorrow at 7:00 a.m. at City Hall. They will be considering their goals fo

the year and will bring back a report to the Council.

Utilities Director Brannigan announced that the Regional Water Quality

Control Board is set to have our wastewater discharge permit approval on

their consent agenda.

The City Attorney asked to drop two of the three closed session items.

Council Member Lyons reported that CLAS met last week and is puttingtogether a report regarding the vulnerability of the program.

Mayor Mattina attended the Chamber board meeting last week. The

Chamber is working with the County of Lake on a strategic marketing plan

The Mayor also attended the Lakeport Enhanced Education Foundation

dinner. She would like to see the City have a table at this event next year

APC will be meeting next week.

Council Member Rumfelt expressed concerns with a crosswalk on Elevent

Street and a condition on the corner of Eleventh and High Streets. These

types of items should be addressed by the Traffic Safety Advisory

Committee.

Council Member Lyons said that she would like to see the Citys staff

meeting held on another day.

X. CLOSED SESSION: The meeting was adjourned to a closed session at 7:12 p.m. pursuant to

Pursuant to Government Code Section 54957.6 (Conference with Labor

Negotiators): Employee Groups: Unrepresented Employees; Negotiators

City Manager

XI. REPORT FROM CLOSED SESSION: The meeting reconvened to open session at 8:25 p.m. Staff was given

direction.

XII. ADJOURNMENT: Mayor Mattina adjourned the meeting at 8:26 p.m.

ATTEST APPROVED

____________________________________ __________________________

JANEL M. CHAPMAN, City Clerk STACEY MATTINA, Mayor


5/56


6/56


7/56


8/56


9/56


10/56


11/56


12/56


13/56


14/56


15/56


16/56


17/56


18/56


19/56


20/56


21/56


22/56


23/56

Meeting Date: 03/20/2012 Page 1 Agenda Item #VI.E.

CITY OF LAKEPORT

City CouncilCity of Lakeport Municipal Sewer District

STAFF REPORT

RE: Provide Rates of Pay for Seasonal Pool Employees MEETING DATE: 03/20/2012

SUBMITTED BY: Kelly Buendia, Administrative Services 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 adopt a Resolution stating the hourly rates of pay for Seasonal PoolEmployee classifications.

BACKGROUND:

Hourly rates of pay for seasonal pool employees were adopted on Resolution 2299 (2007). Since that time,rates of pay have been adjusted for COLA's and to stay ahead of minimum wage requirements. It is goodpractice to memorialize the rates of pay.

DISCUSSION:

Rates from the 2010 and 2011 pool seasons have been re-stated with ranges to be utilized for returningand/or more experienced staff. Staff is requesting a slight increase in the pay for Pool Manager from arange of $11.00 to $13.00 per hour to a range of $12.50 to $14.00 per hour. This will allow for flexibilityshould an experienced candidate apply.

OPTIONS:

FISCAL IMPACT:

None $ Account Number: Comments: The proposedrates of pay are not changing significantly from past years, with the possible exception of the Pool Manager.

SUGGESTED MOTIONS:

Move to adopt the proposed Resolution providing pay ranges for Seasonal Pool classifications.

Attachments: Resolution Providing Ranges of Pay for Seasonal Pool ClassificationsResolution Exhibit A - Chart of Salary Ranges


24/56

Resolution No. ________ (2012)

RESOLUTION NO. __________ (2011)

A RESOLUTION OF THE CITY COUNCIL OF THECITY OF LAKEPORT PROVIDING RANGES OFPAY FOR SEASONAL POOL CLASSIFICATIONS

WHEREAS, hourly rates of pay for seasonal pool employees were adopted on Resolution2299 (2007); and

WHEREAS, rates of pay have been adjusted since that time to cover cost of livingadjustments and meet minimum wage requirements; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City ofLakeport hereby adopts this resolution providing ranges of pay for seasonal pool employees asstated in Exhibit A.

DULY AND REGULARLY ADOPTED on this 20th day of March, 2012, by thefollowing vote:

AYES:NOES:ABSTAIN:ABSENT:

________________________________STACEY MATTINA, Mayor

ATTEST: APPROVED AS TO FORM:

______________________________ ______________________________ JANEL M. CHAPMAN, City Clerk STEVEN J. BROOKES, City Attorney


25/56

EXHIBIT A

City of Lakeport Salary Ranges

Seasonal Pool Employee Classifications

Per hour Per hourLifeguard $ 9.00 to $ 10.50

Head Lifeguard $ 11.00 to $ 12.50

Swim Instructor $ 10.00 to $ 11.50

Pool Office Assistant $ 8.50 to $ 10.50

Pool Manager $ 12.50 to $ 14.00


26/56

Meeting Date: 03/20/2012 Page 1 Agenda Item #VI.F.

CITY OF LAKEPORTCity Council

Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

STAFF REPORTRE: Building Permit Report MEETING DATE: 03/20/2012

SUBMITTED BY: Community Development Department


WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD:

The Council is being asked to review the Building Permit Report for informational purposes only.

SUMMARY:

Attached is a copy of the February building permit log and pending permits. The following are totals forFiscal Year 2011/2012 for the Building Department:

Number of Permits 118Construction Value $1,330.873.80Permit Revenue $27,125.95

SUGGESTED MOTIONS:

Receive and file monthly Building Permit Report for February.

Attachments: Monthly Building Permit Report for February


27/56


28/56


29/56


30/56


31/56


32/56


33/56


34/56


35/56


36/56


37/56


38/56


39/56


40/56


41/56


42/56


43/56


44/56


45/56


46/56


47/56

Meeting Date: 03/20/2012 Page 1 Agenda Item #VIII.A.

CITY OF LAKEPORT


STAFF REPORT

RE: Public Hearing and Consideration of the 2011-2012 CDBGApplication

MEETING DATE: 03/20/2012

SUBMITTED BY: Richard Knoll, Community Development Director


WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The Council is being asked to consider staff recommendations regarding application for 2011-2012 StateCommunity Development Block Grant (CDBG) funding.

BACKGROUND:

The California Department of Housing and Community Development (HCD) has announced theavailability of approximately $34,500,000 for the Program Year 2011-2012 Community Development BlockGrant (CDBG) funds allocated to the State from HUD. This Notice of Funding Availability (2012 NOFA)applies to the CDBG Community Development, CDBG Economic Development, Colonia and NativeAmerican Allocations. Typical activities funded under these allocations include: business assistance projectsand programs; micro-enterprise assistance programs; housing rehabilitation programs and projects;homeownership assistance programs; housing acquisition projects; public infrastructure projects; publicfacility projects; public services programs; and planning and technical assistance grants.

DISCUSSION:

City staff had anticipated applying for 2011-2012 CDBG funds and has conducted a staff level design phasepublic hearing which was noticed and attended by representatives of Mt. Konocti Facilitation who proposedan application for economic development funds for a business loan technical assistance program. Staff alsohad discussions with Pacific West Companies, the developer of the Martin Street Senior Housing project,about making application for CDBG new housing development funding. Because of various reasons bothof these proposals were ruled out for this funding round.

The City has two existing open CDBG grants, a community development housing rehabilitation grant with abalance of approximately $380,000 and an economic development business loan grant with a balance ofapproximately $290,000. As such, the City does not need to apply for additional CDBG funding for these

purposes.A public hearing notice was published in anticipation of the City Council hearing. The notice indicated thatthe City anticipated applying for two (2) CDBG Planning and Technical Assistance (P/TA) grants, one for acity-wide household income and housing condition survey and the other for a storm drainage master planupdate. After discussing the possible applications with a CDBG consultant, however, it has beendetermined that it makes sense to hold off on applying this year. Separate P/TA only applications go to thebottom of the pot and are only going to be considered if there are funds available (not likely since there isfunding for only ten P/TAs). If by chance the City was funded for the P/TA's, we would need to expend60 percent of the P/TA funds by the next application round in order to apply for additional communitydevelopment or economic development CDBG funds next year. Bottom line - the consultant suggested


48/56

Meeting Date: 03/20/2012 Page 2 Agenda Item #VIII.A.

that if we think we are going to be ready for community development (housing) or economic development(business loan) funds next year it is probably better to hold off on an application this year since HCD hasgone to a two-year application cycle.

OPTIONS:

1. Go ahead and apply for the 2 P/TA grants and run the risk of not being able to apply for funds nextyear.

2. Do not apply for CDBG funds this year and consider an application for housing, economicdevelopment, and P/TA funds next year (2012-2013)

FISCAL IMPACT:

None $ Account Number: Comments:

SUGGESTED MOTIONS:

Move to not apply for CDBG funds this year (2011-2012) and direct staff to reconsider an application forhousing, economic development, and P/TA funds next year (2012-2013)

Attachments: Notes from Design Phase Hearing on 02/27/2012


49/56

MEMORANDUM

DATE: February 28, 2012

TO: Richard Knoll, Community Development Director

FROM: Andrew Britton, Planning Services Manager

RE: CDBG Program Design Phase Hearing notes

The Design Phase hearing took place on 2/27/12 at Lakeport City Hall.

Hearing opened at 4:03 p.m.

Attendees:

1. Sandra West, Mt. Konocti Facilitation 707.995.8133

2. Kyle Miller, Mt. Konocti Facilitation

3. Staff: Richard Knoll, Community Development Director & Andrew Britton,Planning Services Manager

Staff advised attendees that the City Council is scheduled to consider the application

on March 20, 2012.

In accordance with the Design Phase hearing guidelines, the following information wasdescribed and discussed:

An explanation of the CDBG program;

An opportunity for attendees to ask questions and suggest possible uses of funds;

Discussion of the National Objectives of the CDBG Program;

Information about the amount of funding available, the range of possible

activities that may be undertaken with CDBG funds, and the opportunities forcitizen involvement as the program progresses; and,

An invitation for written comments and how to submit such comments.

Knoll described important components of the CDBG program and the 2012 Notice ofFunding Availability (NOFA):

Federal government provides the funding which is allocated to individual states.

In California, the CDBG program is administered by HCD (Department of Housingand Community Development).


50/56

CDBG Design Phase Hearing February 28, 2012

2

Designed to assist targeted income group populations. However, the termTargetedIncome Group (TIG) has been replaced with Low- and Moderate-

Income or Low-Mod (LMI) to be consistent with HUD terminology.

In an effort to streamline and consolidate the CDBG program, the 2012 release is

a Super-NOFA that includes all CDBG activities in one application that is dueon April 6, 2012.

The 2012 Super-NOFA provides approximately $34 million from 2011/12 CDBGfunding, and adds 50% of Program Year 2012/13 allocations for total availablefunding of $48.5 million.

CDBG funds can be used in conjunction with the following activities:

Enterprise Fund Activities

Housing Activities

Public Improvements Activities

Public Service Activities

Planning (PTA) Activities

Set-Aside Activities

Colonia Eligible Activities

Native American Activities

The Department of Housing and Community Development (the Department) hasannounced the availability of approximately $34,500,000 for the Program Year 2011-2012Community Development Block Grant (CDBG) funds allocated to the State from HUD.Additionally, the Department will make available 50% of the allocation for Program Year

2012-2013, which is estimated to add another $14,000,000 million to the allocation.

Approximate funding limits were also described.

CDBG Activity Funding Maximums by Activity:

1) Enterprise Fund:

Micro-enterprise: $300,000

-enterprise: $500,000

2) Over-the-Counter: $3,000,0002012 CDBG NOFA 1/5/2012 - 7 -


51/56


3

3) Housing:

rship Assistance: Acquisition and Rehabilitation: $1 million

-Family Residential Rehabilitation with or without Acquisition: $1 million

-Family Housing: $600,000

4) Public Improvements: $1,500,000

5) Public Facilities: $1,500,000

6) Public Services: $500,000

7) Planning and Technical Assistance: $100,000

8) Un-scored Set Aside: $100,000

NOFA and Application Release: January 9, 2012ED Over-the-Counter (OTC) Open Date: January 9, 2012Application Workshops & Webinars: January 12 through February 9, 2012Applications due to HCD by 5 p.m.: Friday, April 6, 2012Awards Announced July, 2012ED Over-the-Counter (OTC) Close Date: April 30, 2013

The Citys current CDBG grants were described:

Neighborhood Improvement Study (PTA grant): Study of the Forbes CreekNeighborhood.

Business Loan Programgrant concludes in approximately 18 months. Housing grant: Provides housing rehabilitation funds for income-eligible property

owners and tenants. This grant concludes in approximately 30 months.

The City currently receives program income, primarily from the Business Loan

program. This income totals approximately $60,000 per year and the funds arereinvested and split between economic development and housing program activities.


52/56


4

The City has asked State HCD if the Program Income guidelines can be amended toallow some Program Income funds to go towards Enterprise Fund Activities including

business facilitation, technical assistance and Micro-Enterprise (ME) activities.

Attendees asked questions about next steps and Knoll indicated that the email/letter of

interest from Mt. Konocti Facilitation will be sufficient.

The Design Phase hearing concluded at 5:08 p.m.


53/56

Meeting Date: 03/20/2012 Page 1 Agenda Item #IX.A.1.

CITY OF LAKEPORT


STAFF REPORT

RE: City Council Confirmation of Mayoral Appointment ofAlternate Member to the Oversight Board

MEETING DATE: 03/20/2012

SUBMITTED BY: Margaret Silveira, City Manager


WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD:

The City Council is being asked to adopt a resolution confirmingthe Mayors appointment of an alternatemember to the Redevelopment Successor Agency Oversight Board.

BACKGROUND:

AB 26 provides that a successor agency is to be designated as the successor entity to the former Agency,vested with all authority, rights, powers, duties, and obligations previously vested with the former Agencyunder the Community Redevelopment Law (Health & Safety Code, 33000 et seq.), with certain exceptions.This successor agency is to be responsible for the wind down of the Agencys affairs. The City elected to bethe Agencys successor agency by Resolution No. 2441 (2012) on January 10, 2012.

DISCUSSION:

Health and Safety Code section 34179, enacted by AB 26, provides that the Oversight Board is to be

composed of seven (7) members, selected as follows:1. One member appointed by the County of Lake Board of Supervisors.

2. One member appointed by the Mayor of the City.

3. One member appointed by the largest special district, by property tax share, with territory in theterritorial jurisdiction of the Agency, which is the type of special district eligible to receive property taxrevenues pursuant to Health and Safety Code section 34188. If there are no such special districts withinthe territorial jurisdiction of the Agency, then the County of Lake may appoint an additional member torepresent the public.

4. One member appointed by the Lake County Superintendent of Education to represent schools, if theSuperintendent is elected. If the Superintendent is appointed, then the appointment shall be made by

the Lake County Board of Education.

5. One member appointed by the Chancellor of the California Community Colleges to representcommunity college districts in Lake County.

6. One member of the public appointed by the County of Lake Board of Supervisors.

7. One member representing the employees of the Agency appointed by the Mayor from the recognizedemployee organization representing the largest number of former Agency employees employed by thesuccessor agency at that time.


54/56

Meeting Date: 03/20/2012 Page 2 Agenda Item #IX.A.1.

At the meeting of February 21, 2012, the Mayor has selected the following people for appointment to theOversight Board: (1) Stacey Mattina, as the member appointed by the Mayor; and (2) Richard Knoll, as themember representing Agency employees.

The City Manager and Finance Director attended Successor Agency training this past week. During thattraining, it was recommended that the Mayor also appoint an alternate to the Oversight Board.

OPTIONS:

Adopt the resolution confirmingthe Mayors appointment of Margaret Silveira as the alternate to theOversight Board or provide staff direction.

FISCAL IMPACT:

None $ Account Number: Comments:

SUGGESTED MOTIONS:

Move to adopt the proposed resolution confirming the Mayors appointment ofMargaret Silveira as theCity's alternate to the Oversight Board.

Attachments: Proposed Resolution


55/56

RESOLUTION NO. _________ (2012)

A RESOLUTION OF THE CITY COUNCIL OF THE CITYOF LAKEPORT, CALIFORNIA, CONFIRMING THE

MAYORS APPOINTMENTS OFAN ALTERNATETO THE OVERSIGHT BOARD CREATED BY HEALTH

AND SAFETY CODE SECTION 34179 ET SEQ., REGARDING

DISSOLUTION OF THE REDEVELOPMENTAGENCY OF THE CITY OF LAKEPORT

WHEREAS,the City Council of the City of Lakeport (City) approved and adopted theRedevelopment Plan for the Lakeport Redevelopment Project Area (Redevelopment Plan), coveringcertain properties within the City (the Project Area); and

WHEREAS,the Redevelopment Agency of the City of Lakeport (Agency) has been engagedin activities to implement the Redevelopment Plan pursuant to the provisions of the CaliforniaCommunity Redevelopment Law (Health and Safety Code 33000, et seq.) (CRL); and

WHEREAS, on June 28, 2011, as part of the 2011-2012 State of California budget bill,companion bills Assembly Bill 1X 26 (AB 1X 26) and Assembly Bill 1X 27 (AB 1X 27) wereenacted, suspending all new redevelopment activity of the Agency and dissolving the Agency, unless theCity elected to participate in the Alternative Voluntary Redevelopment Program established by AB 1X27 and paid an annual community remittance payment to the County of Lake; and

WHEREAS, on July 18, 2011, a Petition for Writ of Mandate was filed in the Supreme Court ofthe State of California in the matter ofCalifornia Redevelopment Association, et al. v. Ana Matosantos, et al.,Case No. 5194861 (Legal Action), challenging the constitutionality of AB 1X 26 and AB 1X 27 onbehalf of cities, counties and redevelopment agencies; and

WHEREAS, on December 29, 2011, the Supreme Court issued its opinion in the Legal Action,upholding AB 1X 26, invalidating AB 1X 27, extending certain statutory deadlines under Health andSafety Code Sections 34170 through 34191, and dissolving all redevelopment agencies throughout theState, effective February 1, 2012; and

WHEREAS, AB 1X 26 designates a successor agency to the dissolved Agency, and providesthat, with certain exceptions, all authority, rights, powers, duties and obligations previously vested withthe dissolved Agency, under the CRL, are vested in the successor agency; and

WHEREAS, on January 10, 2012, the City Council adopted Resolution No. 2441 (2012)electing to serve as the successor agency to the dissolved Agency; and

WHEREAS,AB 1X 26 further provides that the Citys actions, as successor agency to thedissolved Agency, are subject to review and approval by an oversight board (Oversight Board), to becreated pursuant to Health and Safety Code section 34179 et seq.; and

WHEREAS, the Oversight Board is to be comprised of seven appointees from affected localtaxing entities and the City, including two (2) members to be appointed by the Mayor; and

WHEREAS, at its meeting of February 21, 2012, the Mayor of the City of Lakeport announcedthe appointments of Stacey Mattina as the Mayors representative to the Oversight Board, and RichardKnoll as the representative from the employees of the former Agency; and

WHEREAS, at its meeting of March 20, 2012, the Mayor of the City of Lakeport announcedthe appointment ofMargaret Silveira as the Citys alternate representative to the Oversight Board; and


56/56

WHEREAS, the City Council desires to confirm the Mayors appointment of the alternate tothe to the Oversight Board; and

WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

THE CITY COUNCIL OF THE CITY OF LAKEPORT, CALIFORNIA, DOESHEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and incorporated into

this Resolution by this reference.

Section 2. Confirmation of Mayoral Appointments. The City Council hereby confirms theMayors appointment of Margaret Silveira as the Citys alternate representative to the Oversight Board.

Section 3. Implementation. The City Council hereby authorizes and directs the City Managerto take any action necessary to carry out the purposes of this Resolution, including, but not limited to,notifying the Lake County Auditor-Controller, the Controller of the State of California, and theCalifornia Department of Finance of the adoption of this Resolution and the Mayors appointments ofthe above-named people to the Oversight Board, in accordance with AB 1X 26.

Section 4. Severability. If any provision of this Resolution or the application thereof to any

person or circumstance is held invalid, such invalidity shall not affect other provisions or applications ofthis Resolution that can be given effect without the invalid provision or application, and to this end theprovisions of this Resolution are severable. The City Council hereby declares that it would have adoptedthis Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution.

Section 6. Effective Date. This Resolution shall become effective immediately upon itsadoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lakeport onthe 20th day of March, 2012, by the following vote

AYES:NOES:ABSTAIN:ABSENT:

______________________________STACEY MATTINA, Mayor

ATTEST:

_______________________________

JANEL M. CHAPMAN City Clerk

032012 lakeport city council agenda and packet

Documents