111715 lakeport city council agenda packet

8/20/2019 111715 Lakeport City Council agenda packet

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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.

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 urgency

exists (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 November 3, 2015.

C. Warrants: Approve warrant register from November 10, 2015.

D. Application 2016-001: Approve Application No. 2016-01 with staff recommendations for the Clear La

Performing Arts Association Home Wine and Beer Makers Festival on June 18,

2016.

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 matter

which do not appear on the printed agenda.

VI. COUNCIL BUSINESS:

A. Public Works Director

1.

Contract Change Order: USDA

Water and Wastewater

Improvement Project

Authorize the City Manager to sign Contract Change Order #1 with Mercer-Fra

for the purchase and installation of intrinsically safe relays, and two Hydro

Rangers for sewer lift station SCADA controls and operations.

2. Park Restroom Replacement:

5th Street Boat Ramp

Authorize staff to issue a Request for Proposal for the replacement of the Libra

Park Fifth Street Restroom with a precast concrete facility.

B. Finance Director

1. Declarations and Appointment

to the Industrial Development

Authority:

Declare the Lakeport City Council as the Board of Directors of the Lakeport

Industrial Development Authority, appoint the Mayor, Mayor Pro Tem, Finance

Director, and City Clerk as the Board Chair, Board Vice Chair, Treasurer, and Cit

Clerk (or Acting City Clerk), respectively, and adopt the associated resolution to

the same.

2. Formation of Joint Power

Authority, Municipal Financing

Agency of Lakeport:

Approve and authorize the creation of the Municipal Financing Agency of

Lakeport, enter into a joint powers agreement to that effect, and approve the

associated resolutions.

C. Chief of Police

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 17, 2015

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


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City Council Agenda of November 17, 2015 Page 2

1.

Emergency alert system

upgrade:

Authorize the Chief of Police to upgrade the Nixle account at a cost of

approximately $1700.00 for this fiscal year.

D. Community Development Director

1.

Status report on the

Downtown Improvement

Project Phase II:

Receive and file the status report for the Downtown Improvement Project Pha

II and direct staff to forward input to consulting project engineer.

VII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any:

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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CLOSED SESSION: The meeting was called to order and adjourned to a closed session at 5:30 p.m

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

Property Address: 916 North Forbes Street, Lakeport (APN 025-472-03); AgenNegotiator: Margaret Silveira, City Manager; Negotiating Parties: City of

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

REPORT OUT OF CLOSED SESSION: The meeting reconvened to open session at 6:00 p.m. The Mayor reported tha

no reportable action had been taken in closed session.

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

Lakeport to order at 6:00 p.m. with Council Members Kenneth Parlet, Stacey

Mattina, Marc Spillman, and Mireya Turner present.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Spillman.

III. ACCEPTANCE OF AGENDA: Consent item D. was pulled from the agenda due to lack of noticing for the item

This item will be considered at a future meeting.

A motion was made by Council Member Spillman, seconded by Council Memb

Mattina, and unanimously carried by voice vote to accept the agenda as

amended.

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 20, 2015.

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

D. Application 2016-001: Approve Application No. 2016-01 with staff recommendations for the Clear La

Performing Arts Association Home Wine and Beer Makers Festival on June 18,

2016.

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.

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

Turner, and unanimously carried by voice vote to approve Consent Agenda ite

A, B, C, and E.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input: There was no citizen input.

B. Presentation: Police Chief Rasmussen introduced new Lakeport Police Officer Jason Fisher, a

presented him with his Lakeport Police Department badge.

C. Presentation: Police Chief Rasmussen and Officer Fisher presented the awards to to the

winners of the 2015 Halloween Coloring Contest.

VI. COUNCIL BUSINESS:

A. Administrative Services Director

1.

Maddy Act Report Administrative Services Director Buendia presented the staff report regarding

annual Maddy Act report.

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

Turner, and unanimously carried by voice vote to receive and file the annual

Maddy Act Appointment List for calendar year 2016.

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, November 03, 2015


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City Council Minutes of November 3, 2015 Page 2

B. City Manager

1. PEG Contract City Manager Silveira presented the staff report regarding an agreement to

contribute to the operation of a local public, education, governmental cable

television channel.

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

Spillman, and unanimously carried by voice vote to approve an agreement

between the City of Clearlake, City of Lakeport and the County of Lake relativeoperation of a local public, educational, governmental cable television channe

referred to as the PEG Channel.

VII. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any: Council Member Parlet had nothing to report.

Council Member Spillman reported that former Council Member Bill Knoll had

stroke, but was doing as well as could be expected.

Council Member Mattina had nothing to report.

Council Member Turner invite interested members to Hospice Center on

November 7, 2015, for the annual “Light Up A Life” candle lighting ceremony.

Mayor Scheel offered a “Thank You” to veterans in honor of Veteran’s Day,

November 11, 2015.

City Manager Silveira had nothing to report.

Chief Rasmussen no issues on Halloween despite heavy traffic that evening.

Community Development Director Ingram is working on an update for the

Council on the Verizon project; he is waiting on responses to his inquiries.

Finance Director Buffalo had nothing to report.

Public Works Director Brannigan had nothing to report.

Administrative Services Director gave an update on the Carnegie cleanup proje

Our records consultant, Diane Gladwell of Gladwell Governmental Services, isonsite this week to tackle the records from the Community Development

Department.

VIII. ADJOURNMENT: Mayor Scheel adjourned the meeting at 6:24 p.m.

_______________________________________

Martin Scheel, Mayor

Attest:

_______________________________________

Kelly Buendia, Acting City Clerk


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1/10/2015 6:04:45 PM Page

Check RegisLakeport, CA Packet: APPKT00129 - 11-10-15 WARRA

By Check Nu

endor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount

ank Code: AP BANK-AP BANK

0108 ACME RIGGING & SUPPLY COMPANY 11/10/2015 48201557.84Regular 0.00

0371 ALPHA ANALYTICAL LABORATORIES 11/10/2015 482021,516.50Regular 0.000109 ARAMARK UNIFORM SERVICES 11/10/2015 48203533.80Regular 0.00

351 AT&T 11/10/2015 482041,454.28Regular 0.00

**Void** 11/10/2015 482050.00Regular 0.00

112 BAY AREA BARRICADE SERVICE 11/10/2015 48206100.16Regular 0.00

058 BIT SCULPTOR 11/10/2015 48207150.00Regular 0.00

145 CALIFORNIA PARK & RECREATION SOC 11/10/2015 48208100.00Regular 0.00

081 CANI PAINTING 11/10/2015 482091,060.00Regular 0.00

607 CARLTON TIRE 11/10/2015 48210380.00Regular 0.00

124 COMMUNITY DEVELOPMENT SERVICE 11/10/2015 482112,468.75Regular 0.00

685 CONDOR EARTH TECHNOLOGIES INC. 11/10/2015 482124,793.47Regular 0.00

0128 COUNTY OF LAKE-PUBLIC WORKS 11/10/2015 4821321,166.53Regular 0.00

0132 COUNTY OF LAKE-SPECIAL DIST 11/10/2015 4821422,860.04Regular 0.00

547 CSMFO 11/10/2015 48215110.00Regular 0.00

582 DAVIS FABRICATION & 11/10/2015 48216608.25Regular 0.00331 DEEP VALLEY SECURITY 11/10/2015 4821782.95Regular 0.00

420 DEPT OF MOTOR VEHICLES 11/10/2015 4821850.00Regular 0.00

543 ENTERPRISE RENT-A-CAR 11/10/2015 48219206.91Regular 0.00

982 EUREKA OXYGEN COMPANY 11/10/2015 482201,891.79Regular 0.00

080 FED EX 11/10/2015 4822148.40Regular 0.00

754 GRANITE CONSTRUCTION COMPANY 11/10/2015 482223,170.94Regular 0.00

082 HANSEN GROCERY INC. 11/10/2015 48223175.50Regular 0.00

044 IMAGE SALES, INC. 11/10/2015 4822429.86Regular 0.00

514 INDUSTRIAL ELECTRIC MOTORS 11/10/2015 4822510,078.90Regular 0.00

147 KEITHLY TRANSPORTATION 11/10/2015 48226412.50Regular 0.00

0364 LAKE COUNTY ELECTRIC SUPPLY 11/10/2015 4822717.40Regular 0.00

139 LAKE COUNTY LOCK & SAFE 11/10/2015 48228427.29Regular 0.00

0183 LAKE COUNTY RECORD BEE 11/10/2015 48229185.89Regular 0.00

230 LAKE COUNTY TAX COLLECTOR 11/10/2015 482303,398.80Regular 0.00887 LAKEPORT DISPOSAL, INC. 11/10/2015 4823139,083.34Regular 0.00

0333 LAKEPORT GLASS & DOOR 11/10/2015 48232551.09Regular 0.00

0175 LAKEPORT TIRE & AUTO SERVICE 11/10/2015 4823335.00Regular 0.00

640 LCA BANK CORPORATION 11/10/2015 48234229.77Regular 0.00

138 LSQ FUNDING GROUP 11/10/2015 482353,327.64Regular 0.00

725 MAIN ST. BICYCLES 11/10/2015 48236409.14Regular 0.00

0354 MEDIACOM 11/10/2015 482371,354.65Regular 0.00

679 O'REILLY AUTO PARTS 11/10/2015 4823825.34Regular 0.00

0113 PACE SUPPLY #03391-00 11/10/2015 482391,563.19Regular 0.00

627 PAK 'N MAIL 11/10/2015 4824029.05Regular 0.00

065 PAUL R. CURREN 11/10/2015 482417,506.25Regular 0.00

747 PERFORMANCE MECHANICAL 11/10/2015 482421,223.00Regular 0.00

146 PETRO TECH 11/10/2015 4824331,720.56Regular 0.00

0217 PG&E VO248104 11/10/2015 4824437,747.98Regular 0.00

117 PITNEY BOWES 11/10/2015 48245155.87Regular 0.00

130 POLESTAR COMPUTERS 11/10/2015 482461,690.00Regular 0.00

837 ROGER WHEELER LANDSCAPING 11/10/2015 48247225.00Regular 0.00

022 RON LADD 11/10/2015 4824891.00Regular 0.00

0276 ROYAL AUTOMOTIVE CENTER 11/10/2015 48249801.94Regular 0.00

383 SHRED-IT USA LLC 11/10/2015 4825041.87Regular 0.00

0400 SIERRA CHEMICAL COMPANY 11/10/2015 48251594.92Regular 0.00

826 SONOMA MEDIA INVESTMENTS, LLC. 11/10/2015 48252907.20Regular 0.00

662 STACEY MATTINA 11/10/2015 48253160.00Regular 0.00

832 STANDARD PRINTING COMPANY 11/10/2015 48254545.58Regular 0.00


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heck Register Packet: APPKT00129-11-10-15 WARR

1/10/2015 6:04:45 PM Page

endor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount

035 SUTTER LAKESIDE HOSPITAL 11/10/2015 48255246.00Regular 0.00

119 TRI-CITIES ANSWERING SERVICE 11/10/2015 48256153.56Regular 0.00

552 U.S. BANK 11/10/2015 482576,211.57Regular 0.00

763 UKIAH FORD 11/10/2015 4825890.01Regular 0.00

302 UNIVAR USA INC. 11/10/2015 482596,681.66Regular 0.00

510 US POSTMASTER - ARIZONA 11/10/2015 48260883.09Regular 0.00

310 USA BLUE BOOK 11/10/2015 4826138.93Regular 0.00

085 USDA RURAL DEVELOPMENT 11/10/2015 4826258,092.50Regular 0.00

109 VERIZON WIRELESS 11/10/2015 48263152.92Regular 0.000164 WESTGATE PETROLEUM CO., INC. 11/10/2015 48264554.58Regular 0.00

Regular Checks

Manual Checks

Voided Checks

Discount

Payment

CountPayment Type

Bank Code AP BANK Summary

Bank Drafts

EFT's

63

0

1

0

0

0.00

0.00

0.00

0.00

0.00

64 0.00

Payment

281,160.95

0.00

0.00

0.00

0.00

281,160.95

Payable

Count

146

0

0

0

0

146


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heck Register Packet: APPKT00129-11-10-15 WARR

Page 1/10/2015 6:04:45 PM

Fund Name AmountPeriod

Fund Summary

998 POOLED CASH 281,160.9511/2015

281,160.95


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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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19/87

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

Lakeport Industrial Development Agency

STAFF REPORT

RE: Contract Change Order: Water and Wastewater

Improvement Project

MEETING DATE: 11/17/2015

SUBMITTED BY: Mark Brannigan, Public Works 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 authorize the City Manager to sign Contract Change Order #1 with Mercer-

Fraser for the purchase and installation of intrinsically safe relays, and two Hydro Rangers for sewer lift station

SCADA controls and operations.

BACKGROUND/DISCUSSION:

In March of 2015 Mercer-Fraser was awarded the Water and Wastewater Improvement Project Bid. The

subcontractor for Mercer-Fraser found that the relay’s specified do not meet the proper classification for the

float switches that are used in part to control the sewer pumps. Since sewer facilities have the potential for the

accumulation of explosive gases, electrical components are required to be intrinsically safe. The cost to install

these relays to 11 facilities and to provide one spare is $8,144.08. The contractor was also asked to provide thecost to purchase and install two ultrasonic level sensors for pump control. When the contract was bid the City

was looking to use existing level sensors to save on costs. Two of our existing sensors are beginning to have

problems and staff would like to have these sensors replaced with new ones to ensure proper operation. The

cost to purchase and install these sensors is $11,246.43 for a total change order cost of $19,390.51.

OPTIONS:

Authorize the City Manager to sign Contract Change Order #1 or provide direction.

FISCAL IMPACT:

None $19,390.51 Budgeted Item? Yes NoBudget Adjustment Needed? Yes No If yes, amount of appropriation increase: $

Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other: USDA 604

Comments: USDA (funding agency) supports the funding of this change order.

SUGGESTED MOTIONS:

Move to authorize City Manager to sign Contract Change Order #1 with Mercer-Fraser for the purchase and

installation of intrinsically safe relays, and two Hydro Rangers for sewer liftstation SCADA controls and

operations.

Meeting Date: 11/17/2015 Page 1 Agenda Item #VI.A.1.


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Attachments: 1. Contract Change Order #1



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ATTACHMENT 1


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CITY OF LAKEPORT

City Council



Lakeport Industrial Development Agency

STAFF REPORT

RE: Park Restroom Replacement – 5th

Street Boat Ramp MEETING DATE: 11/17/2015

SUBMITTED BY: Mark Brannigan, Public Works Director



The City Council is being asked to authorize staff to issue a Request for Proposal (RFP) for the replacement of the

Library Park Fifth Street Restroom with a precast concrete facility.


At the September 15, 2015 Council meeting the City Council approved a revision to the Housing and Community

Development for Housing Related Parks Grant from a water pipeline project to a new restroom at the 5 th Street

boat ramp.

The Public Works staff is recommending that a Request for Proposal for a pre-constructed restroom (see

attached) be issued for competitive bids. After the bids are received and a contract awarded staff will work with

the manufacturer to schedule the placement of the new restroom, and ensure that the foundation and

infrastructure is in place prior to the arrival of the restroom. Preparation for the new restroom includesdemolition of the existing facility, replacing the water and sewer pipes, and constructing the foundation to

manufacturer specifications. The project cost is estimated to be $98,825.

OPTIONS:

Authorize staff to issue a Request for Proposal as attached, or amended, or provide direction to staff.

FISCAL IMPACT:

None $98,825 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: HCD & 110

Comments: $80,825.00 is from HCD Park Grant funds and $18,000 from the General Fund account 110-3030-

990.000 for a total estimated cost of $98,825.00

SUGGESTED MOTIONS:

Move to authorize staff to issue the attached Request for Proposal for the replacement of the Library Park Fifth

Street Restroom with a precast concrete facility.

Attachments: 1. Request for Proposal, Misc. samples and design



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CITY OF LAKEPORT

City Council



Lakeport Industrial Development Authority

STAFF REPORT

RE: Declarations and Appointment to the Industrial

Development Authority


SUBMITTED BY: Daniel Buffalo, Finance Director



The City Council is being asked to declare itself as the Board of Directors of the Lakeport Industrial Development

Authority (Lakeport IDA) and to appoint appropriate officials.


The Lakeport Industrial Development Authority was created by the Lakeport City Council at its regular meeting

on October 6, 2015. Before the Authority can conduct business, its governing board must be appointed by the

City Council. The Council may declare itself as the Lakeport IDA Board of Directors, which staff recommends it

do.

Further, the Council may appoint the Mayor, Mayor Pro Tem, Finance Director and City Clerk as Board Chair,

Vice Chair, Treasurer, and Secretary, respectively.

OPTIONS:

1.

Declare the City Council to be the Board of Directors of the Lakeport IDA, and appoint the Mayor, Mayor

Pro Tem, Finance Director, and City Clerk to act as the Board Chair and Vice Chair, Treasurer, and

Secretary, respectively.

2. Do not make such declaration and appointments but provide direction to staff.

FISCAL IMPACT:

None Budgeted Item? Yes No


Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Comments:

SUGGESTED MOTIONS:

Move to declare the Lakeport City Council as the Board of Directors of the Lakeport Industrial Development

Authority, appoint the Mayor, Mayor Pro Tem, Finance Director, and City Clerk as the Board Chair, Board Vice

Chair, Treasurer, and Secretary, respectively, and adopt the associated resolution to the same.

Attachments: 1. Proposed Resolution

Meeting Date: 11/17/2015 Page 1 Agenda Item #VI.B.1.


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RESOLUTION NO. _______ (2015)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT

DECLARING THE CITY COUNCIL AS THE BOARD OF DIRECTORS OF THE

LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY

WHEREAS, on October 6, 2015, the City Council adopted Ordinance No. 900 (2015) creating the

Lakeport Industrial Development Authority, authorizing it to transact business and exercise all

of the powers and other authority conferred upon industrial development authorities by Title

10 (commencing with section 91500) of the California Government Code (the “Act”); and

WHEREAS, Section 91522 of the Act provides that all powers vested in an industrial

development authority shall be exercisable by a board of directors appointed by the City

Council; and

WHEREAS, Section 91523 of the Act provides that as an alternate to the appointment of a

board of directors of an industrial development authority, the City Council by resolution may

declare itself to be the board of directors of its industrial development authority in its sole

discretion and at any time; and

WHEREAS, Section 91523 of the Act further provides that if the City Council declares itself to be

the board of directors of its industrial development authority all of the rights, powers,

privileges, duties, liabilities, disabilities, and immunities vested in such board shall be vested in

the City Council as such board; and

WHEREAS, the City Council desires to declare itself to be the Board of Directors of the LakeportIndustrial Development Authority pursuant to the Act.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKEPORT AS

FOLLOWS:

Section 1. The City Council hereby declares itself to be the Board of Directors of the

Lakeport Industrial Development Authority (the “Board of Directors”). The Board of Directors

shall consist of five (5) directors. Each member of the City Council shall be a member of the

Board of Directors by virtue of being a member of the City Council. The offices of Chairperson,

Vice Chairperson, Treasurer, and Secretary of the Board of Directors shall be held by the Mayor,

Mayor Pro Tem, Finance Director, and City Clerk or Acting City Clerk of the City of Lakeport,

respectively.

Section 2. The City Manager is authorized and directed to take all steps necessary to

implement this Resolution on behalf of the City Council.

Section 3. The City Clerk shall certify to the adoption of this Resolution.

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PASSED, APPROVED, AND ADOPTED this 17th day of November, 2015.

AYES:NOES:

ABSTAIN:

ABSENT:

APPROVED:

_______________________________

MARTIN SCHEEL, Mayor

City of Lakeport

ATTEST:

_______________________________

KELLY BUENDIA, Acting City Clerk

City of Lakeport

157229.1

ATTACHMENT 1


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CERTIFICATE

STATE OF CALIFORNIA )

COUNTY OF LAKE ) ss.CITY OF LAKEPORT )

I, Kelly Buendia, Acting City Clerk of the City of Lakeport, do hereby certify that the foregoing

Resolution was passed, approved, and adopted at a regular meeting of the City Council held on

November 17, 2015.

DATED: ___________________, 2015

___________________________


City of Lakeport

157229.1

ATTACHMENT 1


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CITY OF LAKEPORT

City Council




STAFF REPORT

RE: Formation of Joint Power Authority, Municipal Financing

Agency of Lakeport


SUBMITTED BY: Daniel Buffalo, Finance Director



The City Council and Lakeport Industrial Development Authority Board of Directors are being asked to enter into

a joint powers authority agreement creating the Municipal Financing Agency of Lakeport.


To facilitate financial transactions for the benefit of the citizenry of the City of Lakeport, staff recommends the

formation of a joint powers authority (JPA). The new agency will be able to issue financing for City and IDA

projects within their boundaries. The first project to be financed by the proposed JPA will be the new

headquarters for the Lakeport Police Department, which the City acquired earlier this year.

Officers of the new agency will include a Chairperson, Vice Chairperson, Executive Director, Secretary, and

Treasurer, which will be the Mayor, Mayor Pro Tem, City Manager, City Clerk, and Finance Director, respectively.

OPTIONS:

1.

Approve and authorize the creation of the Municipal Financing Agency of Lakeport and enter into an

agreement to that effect.

2. Do not approve but provide direction to staff.

FISCAL IMPACT:

None Budgeted Item? Yes No



Comments:

SUGGESTED MOTIONS:

1. Move to approve and authorize the creation of the Municipal Financing Agency of Lakeport, enter into a

joint powers agreement to that effect, and approve the associated resolutions.

Attachments: 1. Proposed City Council Resolution

2. Proposed Board of Directors of the Lakeport Industrial Development

Authority Resolution

Meeting Date: 11/17/2015 Page 1 Agenda Item #VI.B.2.


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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT

AUTHORIZING THE CITY OF LAKEPORT TO ENTER INTO A JOINT EXERCISE OF POWERS

AGREEMENT WITH THE LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY

WHEREAS, Title 1, Division 7, Chapter 5 (commencing with Section 6500) of the California

Government Code authorizes two or more public agencies by agreement to jointly exercise any

power common to the agreeing public agencies (“Joint Powers Law”); and

WHEREAS, the City of Lakeport (“City”) is a general law city organized and operating under the

laws of the State of California and a “public agency” within the meaning of the Joint Powers

Law; and

WHEREAS, the Lakeport Industrial Development Authority (“Authority”) is a “public agency”

within the meaning of the Joint Powers Law and organized and operating under the provisions

of Title 10 (commencing with Section 91500) of the California Government Code; and

WHEREAS, the Joint Powers Law authorizes the creation of an agency separate from the

agreeing public agencies and responsible for the administration of the agreement between

them; and

WHEREAS, the Joint Powers Law authorizes an agency created pursuant to its provisions to

issue revenue bonds for projects and authorize bonds for financing public capital improvements

within the boundaries of one or more of the agreeing public agencies among the exercise of

other powers; and

WHEREAS, the City desires to enter into an agreement with the Authority pursuant to the Joint

Powers Law creating an agency with the power to issue revenue bonds for projects and

authorize bonds for financing public capital improvements within its boundaries among the

exercise of other powers.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKEPORT AS

FOLLOWS:

Section 1. The City Council hereby approves as to form and content the attached Joint

Exercise of Powers Agreement between the City and the Authority pursuant to the Joint Powers

Law, which creates the “Municipal Financing Agency of Lakeport” for the purposes and with the

powers set forth in the agreement (“Agreement”) (Exhibit “A”). The Mayor shall execute the

Agreement on behalf of the City.

Section 2. The City Manager is authorized and directed to take all actions necessary to

implement and carry out the Agreement on behalf of the City.

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Section 3. The City Clerk shall certify to the adoption of this Resolution.


AYES:NOES:

ABSTAIN:

ABSENT:

APPROVED:

_______________________________

MARTIN SCHEEL, Mayor

City of Lakeport

ATTEST:

_______________________________


City of Lakeport

157192.1

ATTACHMENT 1


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CERTIFICATE


COUNTY OF LAKE ) ss.

CITY OF LAKEPORT )

I, Kelly Buendia, Acting City Clerk of the City of Lakeport, do hereby certify that the foregoing

Resolution was passed, approved, and adopted at a regular meeting of the City Council held on

November 17, 2015.

DATED: ___________________, 2015

______________________


City of Lakeport

157192.1

ATTACHMENT 1


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EXHIBIT “A”

[Joint Exercise of Powers Agreement]

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MUNICIPAL FINANCING AGENCY OF LAKEPORT

JOINT EXERCISE OF POWERS AGREEMENT

This JOINT EXERCISE OF POWERS AGREEMENT (“Agreement”) is made

and entered into effective ____________________, 2015 (“Effective Date”) by and between the City of Lakeport, a general law city and public agency duly organized and

operating under the laws of the State of California (“City”), and the Lakeport Industrial

Development Authority, a public agency organized and operating under the provisions

of Title 10 (commencing with Section 91500) of the California Government Code

(“Authority”) (collectively, “Parties”), pursuant to the provisions of Title 1, Division 7,

Chapter 5 (commencing with Section 6500) of the California Government Code (“Joint

Powers Law”) and with respect to the following Recitals:

RECITALS

A. On ________________, 2015, the City Council of the City adopted

Resolution No. ___ authorizing the City to enter into this Agreement with the

Authority.

B. On _________________, 2015, the Board of Directors of the Authority

adopted Resolution No. ___ authorizing the Authority to enter into this Agreement

with the City.

C. The Joint Powers Law authorizes two or more public agencies byagreement to jointly exercise any power common to them and thereby create an agency

separate from them that is responsible for the administration of such agreement.

D. The Parties desire to enter into this Agreement for their mutual benefit

and specifying the purposes and powers to be exercised hereunder.

NOW, THEREFORE, the Parties agree as follows:

SECTION 1: Purpose and Creation of Agency

1.1 Purpose. The purpose of this Agreement is to create an agency separate

from the Parties with the power to: (a) issue revenue bonds for projects pursuant to the

provisions of Article 2 (commencing with Section 6540) of the Joint Powers Law, and (b)

authorize bonds for financing public capital improvements pursuant to the provisions

1

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of Article 4 (commencing with Section 6584) of the Joint Powers Law (collectively,

“Bond Acts”).

1.2 Creation of Agency. There is hereby created pursuant to the Joint Powers

Law an agency separate from the Parties to be known as the “Municipal Financing

Agency of Lakeport” (“Agency”) which shall administer this Agreement and exercise

the powers granted herein. The Agency shall be created and exist, and is authorized to

transact business and exercise its powers, upon the execution of this Agreement by the

duly authorized representatives of the Parties.

SECTION II: Governing Board Organization and Officers

2.1 Board Membership. The Agency shall be governed by a Board of

Directors (“Board”) consisting of five (5) directors. Each member of the City Council of

the City shall be a member of the Board by virtue of being a member of the CityCouncil. All voting power of the Agency shall reside in the Board.

2.2 Voting and Quorum. Each member of the Board shall have one vote, and

a quorum shall be a majority of the Board, except that less than a quorum may adjourn

from time to time. Votes may not be cast by proxy. Actions of the Board shall be by

formal motion, ordinance, or resolution, and no action may be taken except upon the

affirmative vote of a majority of a quorum.

2.3 Officers. The officers of the Agency shall consist of a Chairperson, Vice-Chairperson, Executive Director, and Secretary, who shall be the Mayor, Mayor Pro

Tem, City Manager or Acting City Manager, and City Clerk or Acting City Clerk of the

City, respectively. Said officers shall perform such functions and duties as is customary

in the exercise of such positions, and as may be more specifically provided by

resolution of the Board from time to time. The Chairperson shall sign all contracts on

behalf of the Agency, except as otherwise may be provided by resolution of the Board.

The Vice-Chairperson shall act in all manner as the Chairperson in the absence of the

Chairperson including, without limitation, signing contracts on behalf of the Agency.

The Secretary shall have charge of the records of the Agency and shall be responsible

for recording the minutes of all meetings of the Board. The Board shall appoint anattorney who may also represent the City, the Authority, or both, to act as the legal

advisor of the Agency; such attorney shall perform such duties as may be prescribed by

the Board. In the absence of any such appointment, the City attorney of the City shall

act as legal advisor to the Agency. The Board may retain other legal counsel from time

to time in its discretion.

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2.4 Meetings. All meetings of the Board, including, but without limitation,

regular, adjourned regular and special meetings, shall be called, noticed, held, and

conducted in accordance with the provisions of the Ralph M. Brown Act, California

Government Code Section 54950 et seq. The Board shall hold at least one regular

meeting each quarter and such further meetings as the Board may determine. The

Board shall hold its meetings at the City Council Chambers, City Hall, 225 Park Street,

Lakeport, California. The dates upon which, and the hour at which, such meetings shall

be held shall be fixed by resolution of the Board, and a copy of such resolution shall be

filed with the Parties hereto.

2.5 Bonding of Officers. The Board may from time to time designate officers

of the Agency having charge of, handling, or having access to any records, funds,

accounts, or other assets of the Agency, and the respective amounts of the official bonds

of such officers and such other persons pursuant to Section 6505.1 of the Joint Powers

Law. In the event any officer of the Agency is required to be bonded pursuant to thissection, such bond may be maintained as part of or in conjunction with any other bond

maintained on such person by either of the Parties, it being the intent of this section not

to require duplicate or overlapping bonding requirements from those bonding

requirements which are otherwise applicable to the Parties.

2.6 Conflicts of Interest. Members of the Board shall be considered “public

officials” within the meaning of the Political Reform Act of 1974, as amended, and its

regulations, for purposes of financial disclosure, conflict of interest and other

requirements of such Act and regulations, subject to a contrary opinion or written

advice of the California Fair Political Practices Commission. The Agency shall adopt aconflicts of interest code in compliance with the Political Reform Act. Members of the

Board are “officers” within the meaning of California Government Code Section 84308

et seq., commonly known as the “Levine Act,” and subject to the restrictions of such act

on the acceptance, solicitation, or direction of contributions.

2.7 Treasurer. Pursuant to Section 6505.5 of the Joint Powers Law, the person

performing the functions of Finance Director of the City is hereby designated as the

Treasurer of the Agency and, as such, shall perform the functions of both the treasurer

of the Agency and the functions of the auditor of the Agency, as such functions are set

forth in Section 6505 and 6505.5 of the Joint Powers Law. Pursuant to Section 6505.1 ofthe Joint Powers Law, the Treasurer shall have charge of, handle and have access to all

accounts, funds and money of the Agency and all records of the Agency relating

thereto. As treasurer of the Agency, the Treasurer shall have custody of all of the

accounts, funds and money of the Agency from whatever source. In the event the

Treasurer holds monies for the account of the Agency or the Parties, the Treasurer shall

verify and report in writing at least quarterly to the Agency and the Parties the amount

3

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of monies so held, the amount of receipts since the last such report, and the amount

paid out since the last such report. As auditor of the Agency, the Treasurer shall draw

warrants to pay demands against the Agency when the demands have been approved

by the Board and shall ensure that there shall be strict accountability of all funds and

reporting of all receipts and disbursements of the Agency. The Treasurer shall ensure

that the accounts and records of the Agency are audited annually by an independent

certified public accountant in the manner prescribed by the State Controller. Copies of

such audit report shall be filed with the State Controller, County Auditor, and each of

the Parties within 30 days of receipt of such audit reports by the Agency.

SECTION III: Powers

3.1 General Powers. The Agency shall have the power to exercise in its own

name the powers granted to it pursuant to the Joint Powers Law, including, but not

limited to, the powers set forth in the Bond Acts, and the powers common to each of the

Parties (including the power of eminent domain), as may be necessary to the

accomplishment of the purposes of this Agreement, subject to the restrictions set forth

in Section 3.2 of this Agreement. These powers include, but are not limited to, the

power to seek, receive, and administer funding from any available public or private

source; contract for the services of engineers, attorneys, planners, financial, and other

consultants; make and enter into contracts; employ agents, officers, and employees;

acquire, lease, construct, own, manage, maintain, dispose of or operate any buildings,

works, or improvements; incur all authorized debts, liabilities, and obligations,

including authorization, issuance, and sale of bonds, notes, and certificates of

participation pursuant to the Bond Acts; receive gifts, contributions, and donations ofproperty, funds, services, and other forms of financial or other assistance from any

persons, firms, corporations, or governmental entities; sue and be sued in its own name;

and adopt rules, regulations, policies, bylaws, and procedures governing the operation

of the Agency. Pursuant to Section 6507 of the Joint Powers Law, the Agency shall be an

agency separate and apart from the Parties.

3.2 Restrictions on Exercise of Powers. The powers of the Agency shall be

exercised in the manner provided in the Joint Powers Law and in the Bond Acts, and,

except for the exercise of those powers set forth in the Bond Acts, shall be subject (in

accordance with Section 6509 of the Joint Powers Law) to the restrictions upon themanner of exercising such powers that are imposed upon the City.

3.3 Non-Liability of Parties and Directors for Obligations of Agency. The

debts, liabilities and obligations of the Agency shall not be the debts, liabilities and

obligations of either of the Parties. No member of the Board, officer, agent or employee

of the Agency shall be individually or personally liable for the payment of the principal

4

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of or premium or interest on any obligations of the Agency or be subject to any personal

liability or accountability by reason of any obligations of the Agency; but nothing herein

contained shall relieve any such member of the Board, officer, agent or employee from

the performance of any official duty provided by law or by the instruments authorizing

the issuance of any obligations of the Agency. In addition, neither of the Parties shall

assume any liability or responsibility for any debts, liabilities or obligations which may

be incurred by the other party in connection with the issuance of bonds or other

obligations of the Agency for the benefit of such other party.

SECTION IV: Contributions, Accounts and Reports, Funds

4.1 Contributions. The Parties may, but are not required to: (a) make

contributions from their treasuries for any of the purposes set forth herein, (b) make

payments of public funds to defray the cost of such purposes, (c) make advances of

public funds for such purposes, such advances to be repaid as provided herein, or (d)

use their personnel, equipment or property in lieu of other contributions or advances.

The provisions of Government Code 6513 are hereby incorporated into this Agreement.

4.2 Accounts and Reports. To the extent not covered by the duties assigned to

a trustee chosen by the Agency, the Treasurer shall establish and maintain such funds

and accounts as may be required by good accounting practice or by any provision of

any trust instrument entered into with respect to the proceeds of any bonds issued by

the Agency. The books and records of the Agency in the hands of a trustee or the

Treasurer shall be open to inspection at all reasonable times by representatives of either

of the Parties. The trustee appointed under any trust agreement shall establish suitable

funds, furnish financial reports and provide suitable accounting procedures to carry out

the provisions of said trust agreement. Said trustee may be given such duties in said

trust instrument as may be desirable to carry out this Agreement.

4.3 Funds. Subject to the applicable provisions of any instrument or

agreement which the Agency may enter into, which may provide for a trustee to

receive, have custody of, and disburse Agency funds, the Treasurer shall receive, have

the custody of, and disburse Agency funds as nearly as possible in accordance with

generally accepted accounting practices, and shall make the disbursements required by

this Agreement or to carry out any of the provisions or purposes of this Agreement.

SECTION V: Miscellaneous Provisions

5.1 Term. This Agreement shall continue in full force and effect so long as

either (a) any bonds or other obligations of the Agency remain outstanding or any

material contracts to which the Agency is a party remain in effect, or (b) the Agency

shall own any interest in any real or personal property.

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5.2 Disposition of Assets. Upon the termination of this Agreement, all

property of the Agency, both real and personal, shall be divided between the Parties

in proportion to their aggregate contributions to the Agency, if any, or in such other

lawful manner upon which the Parties agree in writing.

5.3 Notices. Notices hereunder shall be in writing and shall be sufficient ifdelivered to:

City Of Lakeport Lakeport Industrial Development Authority

City Clerk Secretary

225 Park Street 225 Park Street

Lakeport, CA 95453 Lakeport, CA 95453

5.4 Section Headings. All section headings in this Agreement are for

convenience of reference only and are not to be construed as modifying or governing

the language in the section referred to or to define or limit the scope of any provision of

this Agreement.

5.5 Governing Law. This Agreement shall be governed by and construed in

accordance with the laws of the State of California.

5.6 Amendments. This Agreement may be amended at any time, or from time

to time, except as limited by contract with the owners of any bonds issued by the

Agency or by applicable regulations or laws of any jurisdiction having authority, by one

or more supplemental agreements executed by the Parties to this Agreement either as

required in order to carry out any of the provisions of this Agreement or for any otherpurpose, including without limitation addition of new parties to this Agreement

(including any legal entities or taxing areas heretofore or hereafter created) in

pursuance of the purposes of this Agreement.

5.7 Enforcement by Agency. The Agency is hereby authorized to take any or

all legal or equitable actions, including but not limited to injunctions and specific

performance, necessary or permitted by law to enforce this Agreement.

5.8 Severability. Should any part, term or provision of this Agreement be

decided by any court of competent jurisdiction to be illegal or in conflict with any law,or otherwise be rendered unenforceable or ineffectual, the validity of the remaining

portions or provisions shall not be affected thereby.

5.9 Successors. This Agreement shall be binding upon and shall inure to the

benefit of the successors of the respective Parties. The Parties may not assign any right

or obligation hereunder without the written consent of the other parties.

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5.10 Integration. This Agreement represents the full and entire agreement

between the Parties with respect to the matters set forth herein.

5.11 Indemnification. The Parties agree to indemnify, defend, and hold

harmless the other party from and against any liability, claims, suits, actions, arbitration

proceedings, administrative proceedings, regulatory proceedings, losses, expenses orcosts of any kind, whether actual, alleged, or threatened, including attorneys’ fees and

other costs, arising out of, or in any way attributable in whole or in part, to negligent

acts or omissions of the party or its employees, officers, or agents, or the employees,

officers, or agents of any other party while acting in the course and scope of this

Agreement.

5.12 Notice of Agreement to Secretary of State. A notice of this Agreement

shall be prepared and filed with the California Secretary of State and State Controller

within thirty (30) days of the Effective Date. Such notice shall contain: (a) the names of

the Parties, (b) the Effective Date, (c) a statement of the purpose of this Agreement and

the powers to be exercised by the Agency hereunder, including, but not limited to,

powers pursuant to the Bond Acts.

* * *

IN WITNESS WHEREOF , the Parties have caused this Agreement to be

executed by their duly authorized representatives as of the Effective Date:

CITY OF LAKEPORT LAKEPORT INDUSTRIAL

DEVELOPMENT AUTHORITY

By: _____________________________ By: ________________________________

MARTIN SCHEEL, Mayor MARTIN SCHEEL, Chairperson

Attest: __________________________ Attest: ____________________________

KELLY BUENDIA, Acting City Clerk KELLY BUENDIA, Secretary

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A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY

AUTHORIZING THE AUTHORITY TO ENTER INTOA JOINT EXERCISE OF POWERS AGREEMENT

WITH THE CITY OF LAKEPORT

WHEREAS, Title 1, Division 7, Chapter 5 (commencing with Section 6500) of the California

Government Code authorizes two or more public agencies by agreement to jointly exercise any

power common to the agreeing public agencies (“Joint Powers Law”); and

WHEREAS, the Lakeport Industrial Development Authority (“Authority”) is a “public agency”

within the meaning of the Joint Powers Law and organized and operating under the provisions

of Title 10 (commencing with Section 91500) of the California Government Code; and

WHEREAS, the City of Lakeport (“City”) is a general law city organized and operating under the

laws of the State of California and a “public agency” within the meaning of the Joint Powers

Law; and

WHEREAS, the Joint Powers Law authorizes the creation of an agency separate from the

agreeing public agencies and responsible for the administration of the agreement between

them; and

WHEREAS, the Joint Powers Law authorizes an agency created pursuant to its provisions to

issue revenue bonds for projects and authorize bonds for financing public capital improvementswithin the boundaries of one or more of the agreeing public agencies among the exercise of

other powers; and

WHEREAS, the Authority desires to enter into an agreement with the City pursuant to the Joint

Powers Law creating an agency with the power to issue revenue bonds for projects and

authorize bonds for financing public capital improvements within its boundaries among the

exercise of other powers.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE LAKEPORT

INDUSTRIAL DEVELOPMENT AUTHORITY AS FOLLOWS:

Section 1. The Board of Directors hereby approves as to form and content the attached

Joint Exercise of Powers Agreement between the Authority and the City pursuant to the Joint

Powers Law, which creates the “Municipal Financing Agency of Lakeport” for the purposes and

with the powers set forth in the agreement (“Agreement”) (Exhibit “A”). The Chairperson shall

execute the Agreement on behalf of the Authority.

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Section 2. The officers and staff of the Authority are authorized and directed to take all

actions necessary to implement and carry out the Agreement on behalf of the Authority.

Section 3. The Secretary shall certify to the adoption of this Resolution.


AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:

_______________________________

MARTIN SCHEEL, Chairperson


ATTEST:

_______________________________

KELLY BUENDIA, Secretary


157194.1

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CERTIFICATE


COUNTY OF LAKE ) ss.

CITY OF LAKEPORT )

I, Kelly Buendia, Secretary of the Lakeport Industrial Development Authority, do hereby certify

that the foregoing Resolution was passed, approved, and adopted at a regular meeting of the

Authority held on November 17, 2015.

DATED: ___________________, 2015

______________________

KELLY BUENDIA, Secretary


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EXHIBIT “A”

[Joint Exercise of Powers Agreement]

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MUNICIPAL FINANCING AGENCY OF LAKEPORT

JOINT EXERCISE OF POWERS AGREEMENT

This JOINT EXERCISE OF POWERS AGREEMENT (“Agreement”) is made

and entered into effective ____________________, 2015 (“Effective Date”) by and between the City of Lakeport, a general law city and public agency duly organized and

operating under the laws of the State of California (“City”), and the Lakeport Industrial

Development Authority, a public agency organized and operating under the provisions

of Title 10 (commencing with Section 91500) of the California Government Code

(“Authority”) (collectively, “Parties”), pursuant to the provisions of Title 1, Division 7,

Chapter 5 (commencing with Section 6500) of the California Government Code (“Joint

Powers Law”) and with respect to the following Recitals:

RECITALS

A. On ________________, 2015, the City Council of the City adopted

Resolution No. ___ authorizing the City to enter into this Agreement with the

Authority.

B. On _________________, 2015, the Board of Directors of the Authority

adopted Resolution No. ___ authorizing the Authority to enter into this Agreement

with the City.

C. The Joint Powers Law authorizes two or more public agencies byagreement to jointly exercise any power common to them and thereby create an agency

separate from them that is responsible for the administration of such agreement.

D. The Parties desire to enter into this Agreement for their mutual benefit

and specifying the purposes and powers to be exercised hereunder.

NOW, THEREFORE, the Parties agree as follows:

SECTION 1: Purpose and Creation of Agency

1.1 Purpose. The purpose of this Agreement is to create an agency separate

from the Parties with the power to: (a) issue revenue bonds for projects pursuant to the

provisions of Article 2 (commencing with Section 6540) of the Joint Powers Law, and (b)

authorize bonds for financing public capital improvements pursuant to the provisions

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of Article 4 (commencing with Section 6584) of the Joint Powers Law (collectively,

“Bond Acts”).

1.2 Creation of Agency. There is hereby created pursuant to the Joint Powers

Law an agency separate from the Parties to be known as the “Municipal Financing

Agency of Lakeport” (“Agency”) which shall administer this Agreement and exercise

the powers granted herein. The Agency shall be created and exist, and is authorized to

transact business and exercise its powers, upon the execution of this Agreement by the

duly authorized representatives of the Parties.

SECTION II: Governing Board Organization and Officers

2.1 Board Membership. The Agency shall be governed by a Board of

Directors (“Board”) consisting of five (5) directors. Each member of the City Council of

the City shall be a member of the Board by virtue of being a member of the CityCouncil. All voting power of the Agency shall reside in the Board.

2.2 Voting and Quorum. Each member of the Board shall have one vote, and

a quorum shall be a majority of the Board, except that less than a quorum may adjourn

from time to time. Votes may not be cast by proxy. Actions of the Board shall be by

formal motion, ordinance, or resolution, and no action may be taken except upon the

affirmative vote of a majority of a quorum.

2.3 Officers. The officers of the Agency shall consist of a Chairperson, Vice-Chairperson, Executive Director, and Secretary, who shall be the Mayor, Mayor Pro

Tem, City Manager or Acting City Manager, and City Clerk or Acting City Clerk of the

City, respectively. Said officers shall perform such functions and duties as is customary

in the exercise of such positions, and as may be more specifically provided by

resolution of the Board from time to time. The Chairperson shall sign all contracts on

behalf of the Agency, except as otherwise may be provided by resolution of the Board.

The Vice-Chairperson shall act in all manner as the Chairperson in the absence of the

Chairperson including, without limitation, signing contracts on behalf of the Agency.

The Secretary shall have charge of the records of the Agency and shall be responsible

for recording the minutes of all meetings of the Board. The Board shall appoint anattorney who may also represent the City, the Authority, or both, to act as the legal

advisor of the Agency; such attorney shall perform such duties as may be prescribed by

the Board. In the absence of any such appointment, the City attorney of the City shall

act as legal advisor to the Agency. The Board may retain other legal counsel from time

to time in its discretion.

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2.4 Meetings. All meetings of the Board, including, but without limitation,

regular, adjourned regular and special meetings, shall be called, noticed, held, and

conducted in accordance with the provisions of the Ralph M. Brown Act, California

Government Code Section 54950 et seq. The Board shall hold at least one regular

meeting each quarter and such further meetings as the Board may determine. The

Board shall hold its meetings at the City Council Chambers, City Hall, 225 Park Street,

Lakeport, California. The dates upon which, and the hour at which, such meetings shall

be held shall be fixed by resolution of the Board, and a copy of such resolution shall be

filed with the Parties hereto.

2.5 Bonding of Officers. The Board may from time to time designate officers

of the Agency having charge of, handling, or having access to any records, funds,

accounts, or other assets of the Agency, and the respective amounts of the official bonds

of such officers and such other persons pursuant to Section 6505.1 of the Joint Powers

Law. In the event any officer of the Agency is required to be bonded pursuant to thissection, such bond may be maintained as part of or in conjunction with any other bond

maintained on such person by either of the Parties, it being the intent of this section not

to require duplicate or overlapping bonding requirements from those bonding

requirements which are otherwise applicable to the Parties.

2.6 Conflicts of Interest. Members of the Board shall be considered “public

officials” within the meaning of the Political Reform Act of 1974, as amended, and its

regulations, for purposes of financial disclosure, conflict of interest and other

requirements of such Act and regulations, subject to a contrary opinion or written

advice of the California Fair Political Practices Commission. The Agency shall adopt aconflicts of interest code in compliance with the Political Reform Act. Members of the

Board are “officers” within the meaning of California Government Code Section 84308

et seq., commonly known as the “Levine Act,” and subject to the restrictions of such act

on the acceptance, solicitation, or direction of contributions.

2.7 Treasurer. Pursuant to Section 6505.5 of the Joint Powers Law, the person

performing the functions of Finance Director of the City is hereby designated as the

Treasurer of the Agency and, as such, shall perform the functions of both the treasurer

of the Agency and the functions of the auditor of the Agency, as such functions are set

forth in Section 6505 and 6505.5 of the Joint Powers Law. Pursuant to Section 6505.1 ofthe Joint Powers Law, the Treasurer shall have charge of, handle and have access to all

accounts, funds and money of the Agency and all records of the Agency relating

thereto. As treasurer of the Agency, the Treasurer shall have custody of all of the

accounts, funds and money of the Agency from whatever source. In the event the

Treasurer holds monies for the account of the Agency or the Parties, the Treasurer shall

verify and report in writing at least quarterly to the Agency and the Parties the amount

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of monies so held, the amount of receipts since the last such report, and the amount

paid out since the last such report. As auditor of the Agency, the Treasurer shall draw

warrants to pay demands against the Agency when the demands have been approved

by the Board and shall ensure that there shall be strict accountability of all funds and

reporting of all receipts and disbursements of the Agency. The Treasurer shall ensure

that the accounts and records of the Agency are audited annually by an independent

certified public accountant in the manner prescribed by the State Controller. Copies of

such audit report shall be filed with the State Controller, County Auditor, and each of

the Parties within 30 days of receipt of such audit reports by the Agency.

SECTION III: Powers

3.1 General Powers. The Agency shall have the power to exercise in its own

name the powers granted to it pursuant to the Joint Powers Law, including, but not

limited to, the powers set forth in the Bond Acts, and the powers common to each of the

Parties (including the power of eminent domain), as may be necessary to the

accomplishment of the purposes of this Agreement, subject to the restrictions set forth

in Section 3.2 of this Agreement. These powers include, but are not limited to, the

power to seek, receive, and administer funding from any available public or private

source; contract for the services of engineers, attorneys, planners, financial, and other

consultants; make and enter into contracts; employ agents, officers, and employees;

acquire, lease, construct, own, manage, maintain, dispose of or operate any buildings,

works, or improvements; incur all authorized debts, liabilities, and obligations,

including authorization, issuance, and sale of bonds, notes, and certificates of

participation pursuant to the Bond Acts; receive gifts, contributions, and donations ofproperty, funds, services, and other forms of financial or other assistance from any

persons, firms, corporations, or governmental entities; sue and be sued in its own name;

and adopt rules, regulations, policies, bylaws, and procedures governing the operation

of the Agency. Pursuant to Section 6507 of the Joint Powers Law, the Agency shall be an

agency separate and apart from the Parties.

3.2 Restrictions on Exercise of Powers. The powers of the Agency shall be

exercised in the manner provided in the Joint Powers Law and in the Bond Acts, and,

except for the exercise of those powers set forth in the Bond Acts, shall be subject (in

accordance with Section 6509 of the Joint Powers Law) to the restrictions upon themanner of exercising such powers that are imposed upon the City.

3.3 Non-Liability of Parties and Directors for Obligations of Agency. The

debts, liabilities and obligations of the Agency shall not be the debts, liabilities and

obligations of either of the Parties. No member of the Board, officer, agent or employee

of the Agency shall be individually or personally liable for the payment of the principal

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of or premium or interest on any obligations of the Agency or be subject to any personal

liability or accountability by reason of any obligations of the Agency; but nothing herein

contained shall relieve any such member of the Board, officer, agent or employee from

the performance of any official duty provided by law or by the instruments authorizing

the issuance of any obligations of the Agency. In addition, neither of the Parties shall

assume any liability or responsibility for any debts, liabilities or obligations which may

be incurred by the other party in connection with the issuance of bonds or other

obligations of the Agency for the benefit of such other party.

SECTION IV: Contributions, Accounts and Reports, Funds

4.1 Contributions. The Parties may, but are not required to: (a) make

contributions from their treasuries for any of the purposes set forth herein, (b) make

payments of public funds to defray the cost of such purposes, (c) make advances of

public funds for such purposes, such advances to be repaid as provided herein, or (d)

use their personnel, equipment or property in lieu of other contributions or advances.

The provisions of Government Code 6513 are hereby incorporated into this Agreement.

4.2 Accounts and Reports. To the extent not covered by the duties assigned to

a trustee chosen by the Agency, the Treasurer shall establish and maintain such funds

and accounts as may be required by good accounting practice or by any provision of

any trust instrument entered into with respect to the proceeds of any bonds issued by

the Agency. The books and records of the Agency in the hands of a trustee or the

Treasurer shall be open to inspection at all reasonable times by representatives of either

of the Parties. The trustee appointed under any trust agreement shall establish suitable

funds, furnish financial reports and provide suitable accounting procedures to carry out

the provisions of said trust agreement. Said trustee may be given such duties in said

trust instrument as may be desirable to carry out this Agreement.

4.3 Funds. Subject to the applicable provisions of any instrument or

agreement which the Agency may enter into, which may provide for a trustee to

receive, have custody of, and disburse Agency funds, the Treasurer shall receive, have

the custody of, and disburse Agency funds as nearly as possible in accordance with

generally accepted accounting practices, and shall make the disbursements required by

this Agreement or to carry out any of the provisions or purposes of this Agreement.

SECTION V: Miscellaneous Provisions

5.1 Term. This Agreement shall continue in full force and effect so long as

either (a) any bonds or other obligations of the Agency remain outstanding or any

material contracts to which the Agency is a party remain in effect, or (b) the Agency

shall own any interest in any real or personal property.

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5.2 Disposition of Assets. Upon the termination of this Agreement, all

property of the Agency, both real and personal, shall be divided between the Parties

in proportion to their aggregate contributions to the Agency, if any, or in such other

lawful manner upon which the Parties agree in writing.

5.3 Notices. Notices hereunder shall be in writing and shall be sufficient ifdelivered to:

City Of Lakeport Lakeport Industrial Development Authority

City Clerk Secretary

225 Park Street 225 Park Street

Lakeport, CA 95453 Lakeport, CA 95453

5.4 Section Headings. All section headings in this Agreement are for

convenience of reference only and are not to be construed as modifying or governing

the language in the section referred to or to define or limit the scope of any provision of

this Agreement.

5.5 Governing Law. This Agreement shall be governed by and construed in

accordance with the laws of the State of California.

5.6 Amendments. This Agreement may be amended at any time, or from time

to time, except as limited by contract with the owners of any bonds issued by the

Agency or by applicable regulations or laws of any jurisdiction having authority, by one

or more supplemental agreements executed by the Parties to this Agreement either as

required in order to carry out any of the provisions of this Agreement or for any otherpurpose, including without limitation addition of new parties to this Agreement

(including any legal entities or taxing areas heretofore or hereafter created) in

pursuance of the purposes of this Agreement.

5.7 Enforcement by Agency. The Agency is hereby authorized to take any or

all legal or equitable actions, including but not limited to injunctions and specific

performance, necessary or permitted by law to enforce this Agreement.

5.8 Severability. Should any part, term or provision of this Agreement be

decided by any court of competent jurisdiction to be illegal or in conflict with any law,or otherwise be rendered unenforceable or ineffectual, the validity of the remaining

portions or provisions shall not be affected thereby.

5.9 Successors. This Agreement shall be binding upon and shall inure to the

benefit of the successors of the respective Parties. The Parties may not assign any right

or obligation hereunder without the written consent of the other parties.

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5.10 Integration. This Agreement represents the full and entire agreement

between the Parties with respect to the matters set forth herein.

5.11 Indemnification. The Parties agree to indemnify, defend, and hold

harmless the other party from and against any liability, claims, suits, actions, arbitration

proceedings, administrative proceedings, regulatory proceedings, losses, expenses orcosts of any kind, whether actual, alleged, or threatened, including attorneys’ fees and

other costs, arising out of, or in any way attributable in whole or in part, to negligent

acts or omissions of the party or its employees, officers, or agents, or the employees,

officers, or agents of any other party while acting in the course and scope of this

Agreement.

5.12 Notice of Agreement to Secretary of State. A notice of this Agreement

shall be prepared and filed with the California Secretary of State and State Controller

within thirty (30) days of the Effective Date. Such notice shall contain: (a) the names of

the Parties, (b) the Effective Date, (c) a statement of the purpose of this Agreement and

the powers to be exercised by the Agency hereunder, including, but not limited to,

powers pursuant to the Bond Acts.

* * *

IN WITNESS WHEREOF , the Parties have caused this Agreement to be

executed by their duly authorized representatives as of the Effective Date:

CITY OF LAKEPORT LAKEPORT INDUSTRIAL

DEVELOPMENT AUTHORITY

By: _____________________________ By: ________________________________

MARTIN SCHEEL, Mayor MARTIN SCHEEL, Chairperson

Attest: __________________________ Attest: ____________________________

KELLY BUENDIA, Acting City Clerk KELLY BUENDIA, Secretary

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CITY OF LAKEPORT

City Council



STAFF REPORT

RE: Emergency alert system upgrade MEETING DATE: 11/17/2015

SUBMITTED BY: Lt. Ferguson



The City Council is being asked to consider authorizing the police department to spend non-budgeted money toupgrade their current Emergency Alert System, referred to as Nixle.


For the past four years the police department has utilized the Nixle system as the primary emergency alert

system for notifying the public of emergency and critical information. The current cost to the police department

is $1750 annually. The police department seeks to upgrade the current Nixle system to a more progressive

system referred to as Nixle 360. Nixle 360 will allow the police department to expand the current system and

integrate a “reverse 911” system which contacts residents via, hard line telephone. In addition, Nixle 360 will

allow for emergency alerts to notify any persons with a smart phone who have not already signed up for the

Nixle program, so as to create a broader range of notification. Nixle 360 will also allow the police department to

integrate with FEMA using the IPAWS program which allows for emergency alerts to all persons within ageographic area.

The current Nixle system is our only notification system and is in need of upgrading so that the police

department can reach more residents and alert those individuals who are not using the Nixle program.

There is an additional cost for the “reverse 911” data through AT&T. It is anticipated the additional cost for this

service ranges from $200-$400 per year.

OPTIONS:

The police department is bringing this request to council as we currently do not have the increase in costs

budgeted for fiscal year 15/16. However, we believe we will have savings in other budget area that will prevent

us from exceeding the overall police budget.

FISCAL IMPACT:

None $1700 Budgeted Item? Yes No



Comments: The $1700 figure represents the pro-rated cost if the program is in operation by December 1, 2015.

Meeting Date: 11/17/2015 Page 1 Agenda Item #VI.C.1.


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SUGGESTED MOTIONS:

I move to authorize the Chief of Police to upgrade the Nixle account at a cost of approximately $1700.00 for this

fiscal year.

Attachments:

Meeting Date: 11/17/2015 Page 2 Agenda Item #VI.C.1.


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CITY OF LAKEPORT

City Council



STAFF REPORT

RE: Status report on the Downtown Improvement Project Phase II MEETING DATE: 11/17/2015

SUBMITTED BY: Kevin M. Ingram, Community Development Director



Review and consider proposed design features of the Downtown Improvement Project Phase II pertaining toproject design, construction phasing and scheduling. Recommendations by City Council will be forwarded to the

engineering project consultant and be incorporated into the final project design.


The Downtown Improvement Project Phase II consists of a three block area on North Main Street between First

and Fourth Streets. Proposed improvements consist of the demolition of existing sidewalks, construction of new

12’ wide sidewalks, new handicap ramps at intersections , new street trees, new irrigation lin

111715 lakeport city council agenda packet

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