010714 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 the

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

    CLOSED SESSION: CLOSED SESSION TO START AT 5:30 p.m.

    Conference with Legal Counsel; Anticipated Litigation (Gov. Code 54956.9(d)(

    (d)(3)). 1 Potential Case.

    REPORT OUT OF CLOSED SESSION:

    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 e

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

    action arose subsequent to the Agenda being posted.

    IV. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon 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 CodeSection 3693

    B. Minutes: Approve minutes of the regular City Council meeting of December 17, 2013.

    C. Warrants: Approve warrants as listed on Warrant Registers dated December 12, 2013 and

    December 18, 2013.

    D. Adams Ashby LLC Contract: Approve Professional Services agreement with Adams Ashby Group LLC, for US

    loan and grant administration.

    E. Community Development Services

    Contract:

    Approve an agreement for Professional Services with Community Developmen

    Services (CDS).

    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 tonights agenda. Persons wishing to address the City Council are required to complete

    Citizens 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.

    VI. COUNCIL BUSINESS:

    A. City Clerk

    1. Appointments of Liaisons to

    Commissions, Boards & Committees

    Appoint Council members to various commissions, boards, and committees, an

    adopt a resolution appointing representatives to represent and vote on behalf

    the City at the League of California Cities, Redwood Empire Division Business

    meetings and represent the City and vote at Division Legislative Committee

    meetings.

    B. Planning Services Manager

    1. Social Media Update Receive update on Community Outreach efforts via social media channels.

    C. City Manager

    1. Housing Related Parks Grant: Adopt a resolution authorizing the application for a Housing Related Parks Gra

    VII. CITY COUNCIL COMMUNICATIONS:

    AGENDAREGULAR JOINT MEETING OF THE LAKEPORT CITY COUNCILTuesday, January 7, 2014

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

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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 the

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

    CLOSED SESSION: Mayor Engstrom opened the meeting at 5:30. Mayor Engstrom adjourned toclosed session at 5:34 pm to discuss:

    1. Conference with Legal Counsel; Anticipated Litigation (Gov. Code

    54956.9(d) (2) & (d) (3)). 1 Potential Case.

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

    Lakeport to order at 6:02 p.m. with Council Members Mattina, Parlet, Scheel a

    Spillman present

    REPORT OUT OF CLOSED SESSION: Mayor Engstrom advised there was no reportable action taken on the Closed

    Session item.

    II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Betsy Cawn.

    III. ACCEPTANCE OF AGENDA: A motion was made by Council member Spillman, seconded by Council membeScheel, and unanimously carried by voice vote to combine all items on both

    Consent Agendas and consider them as one Consent Agenda.

    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 November 19, 2013.

    C. Warrants: Approve warrants as listed on Warrant Registers dated November 14, 2013,

    November 20, 2013 and December 4, 2013.

    D. Application 2014-001 Approve Application 2014-001 for the NorCal Air Cooled Groups 2014 Lakepor

    Camp and Shine VW Car Show to be held June 14, 2014.

    E. Maddy Act Report Receive and file report from City Clerk in conformance with the California Mad

    Act.

    Vote on Consent Agenda: A motion was made by Council member Scheel, seconded by Council member

    Mattina, and unanimously carried by voice vote to approve the consent calend

    items A-E, as presented.

    V. CITY COUNCIL REORGANIZATION:

    A. City Clerk

    1. Appointment of Mayor and

    Mayor Pro Tem

    The meeting was turned over to Acting City Clerk Buendia to conduct the annu

    election of Mayor and Mayor Pro Tem.

    Council member Spillman nominated Council member Parlet for Mayor. Therewere no further nominations. Council Member Parlet was appointed as Mayo

    with the following Aye votes: Council Members Spillman, Engstrom, Mattina, a

    Scheel.

    Council member Spillman nominated Council member Scheel for Mayor Pro Te

    There were no further nominations. Council member Scheel was appointed as

    Mayor Pro Tem with the following Aye votes: Council members Spillman,

    Engstrom, Mattina, and Mayor Parlet.

    VII. PUBLIC PRESENTATIONS/REQUESTS:

    MINUTESREGULAR MEETING OF THE LAKEPORT CITY COUNCIL AND THE BOARD OF DIRECTORS OF TH

    CITY OF LAKEPORT MUNICIPAL SEWER DISTRICTTuesday, December 17, 2013

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

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    City Council Agenda of December 17, 2013 Page 2

    A. Citizen Input: Mike Ananos, on behalf of the Del Lago Homeowners Association addressed th

    Council regarding the issuance of a permit to build a maintenance shed for

    Association. He presented a letter from The Board of the Homeowners

    Association to the Council, requesting that the Council request staff to work w

    homeowners for an acceptable solution to the permitting problem.

    Mayor Parlet advised that no action could be taken at this time, but that the ite

    could come back as an agenda item.

    B. Presentation of Awards for HolidayDecorating Contest

    Barbara Breunig of the Lakeport Main Street Association presented the awardsthe winners of the Holiday Decorating Contest.

    Business: Pieces Boutique (First Place), Rocky Point Care Center (Second Place

    Sanduccis Cottage (Third Place); Residence: Lonnie Griffith and Janice Mills (F

    Place), Matthew Harrell (Second Place), The Hansens (Third Place).

    VIII. COUNCIL BUSINESS:

    A. City Clerk

    1. Appointment to Vector Control

    District Board of Trustees

    Applicants George Spurr and Randall Williams spoke in support of their

    applications for appointment to the Board of Directors of the Lake County Vec

    Control Board.

    Mayor Parlet requested that the appointee be willing to make quarterly report

    on the Districts activities to the Council.

    Council member Spillman nominated George Spurr, seconded by Council mem

    Mattina.

    Council member Scheel nominated Randall Williams, there was no second.

    A motion was made by Council member Spillman, seconded by Council membe

    Mattina, and unanimously carried by voice vote to appoint George Spurr as the

    City of Lakeports representative to the Lake County Vector Control Districts

    Board of Trustees, effective January 1, 2014 and expiring at the end of 2015.

    2. Appointments to the Lakeport

    Economic Development

    Advisory Committee (LEDAC)

    Applicants Paula Pepper-Duggan, Christine Hutt, and Taira St. John addressed t

    Council in support of their applications for appointment to LEDAC. Applicant

    George Linn was not present.

    A motion was made by Council member Mattina, seconded by Council membe

    Scheel, and unanimously carried by voice vote to appoint all four applicants to

    Lakeport Economic Development Committee effective January 1, 2014 andexpiring at the end of 2015.

    3. Appointments to the Parks and

    Recreation Commission

    Applicant Suzanne Russell addressed the Council in support of her application f

    appointment to the Parks and Recreation Commission. Applicants Ann Blue an

    Cindy Ustrud were not present.

    A motion was made by Council member Engstrom, seconded by Council memb

    Mattina, and unanimously carried by voice vote to appoint all three applicants

    the Parks and Recreation Committee effective January 1, 2014 and expiring at

    end of 2015.

    B. City Engineer

    1. Award of USDA Water Storage

    Tank Repair & Recoating

    Project

    City Engineer Harter presented the staff report and answered questions from

    Council regarding the bid process for the Water Storage Tank Project.

    A motion was made by Council member Engstrom, seconded by Coun cil membMattina to authorize the City Manager to execute a contract with Farr

    Construction for the completion of the USDA Storage Tank Repair & Recoating

    Project.

    C. Planning Services Manager

    1. Enforcement of Time Limit for

    Temporary Signs

    Planning Services Manager Britton presented the staff report and answered

    questions regarding the Planning Commissions recommendation to Council

    regarding the Temporary Sign regulations.

    Nancy Ruzicka and Betsy Cawn spoke in favor of enforcement of the regulation

    A motion was made by Council member Mattina, seconded by Council membe

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

    Commission recommendation and direct staff to enforce the Temporary Sign

    Ordinance as outlined in Option #1 in the related staff report (VoluntaryCompliance).

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    City Council Agenda of December 17, 2013 Page 3

    D. Public Works Director

    1. Utility Truck Purchase

    Agreements

    Public Works Director Brannigan presented the staff report and answered

    questions regarding the bid process for two utility trucks.

    Lakeport resident Kim Beall addressed the Council regarding the item.

    A motion was made by Council/Board member Mattina, seconded by

    Council/Board member Spillman, and carried by voice vote, with Council/Board

    member Engstrom opposing, to authorize the City Manager to sign sales contr

    for the purchase of two (2) Utility trucks.

    IX. CITY COUNCIL COMMUNICATIONS:

    A. Miscellaneous Reports, if any: Council member Spillman reported that Paula Duggan is now the LMSA Execut

    Director. The Lakeport Fire District Board is still considering options for Chief

    Wells retirement.

    Council member Scheel attended the LAFCO Symposium in Sacramento and

    found it to be very educational. There will be no APC meeting this week. He w

    be touring the Bella Vista apartments on Wednesday.

    Council member Mattina will be touring the Bella Vista apartments on

    Wednesday.

    Council member Engstrom complimented the 20th street crossing signal.Administrative Services Director Buendia advised the Council of the upcoming

    holiday/furlough closures of the Citys administrative offices.

    Chief Rasmussen had nothing to report.

    City Engineer Harter had nothing to report.

    Planning Services Manager Britton had nothing to report.

    Public Works Director Brannigan had nothing to report.

    Finance Director Buffalo had nothing to report.

    City Attorney Ruderman will not be at the next council meeting, but his colleag

    Michael R. Cobden will be in attendance.City Manager Silveira wished everyone a good holiday.

    Mayor Parlet wished all a wonderful and safe holiday.

    X. ADJOURNMENT: Mayor Parlet adjourned the meeting at 7:34 p.m.

    _______________________________________

    Kenneth Parlet, II, Mayor

    __________________________________

    Hilary Britton, Acting Deputy City Clerk

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    Meeting Date: 01/07/2014 Page 1 Agenda Item #IV.D.

    CITY OF LAKEPORT

    City CouncilCity of Lakeport Municipal Sewer District

    STAFF REPORT

    RE: Approval of an agreement for Professional Services AdamsAshby Group LLC for USDA Loan and Grant administration.

    MEETING DATE: 01/07/14

    SUBMITTED BY: Margaret Silveira, City Manager

    PURPOSE OF REPORT: Information only Discussion Action Item

    WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

    Council is being asked to approve professional services agreement with Adams Ashby Group LLC, forUSDA loan and grant administration.

    BACKGROUND/ DISCUSSION:

    Lorie Adams of Adams Ashby Group has been assisting the City with the writing and implementation of theUSDA Rural Development water and sewer applications. Adams has had a contract with the City toprovide grant writing and implementation services which has expired. Adams successfully applied on behalfof the City in which both applications for water and sewer funding from USDA were awarded. Adamssexperience with USDA applications and administration are needed to make sure the City is complying withall the USDA regulations, documentation, Federal and State labor compliance, and ongoing administrationof both awards. Adams also facilitates between the City, USDA, Contract Engineering and any additionalcontractors involved in the water and sewer projects, to make sure all parties are complying with USDA

    standards and regulations.OPTIONS:

    Approve agreement for services with Adams Ashby Group, LLC

    Disapprove

    FISCAL IMPACT:

    None Account Number:USDA Funding Comments:

    SUGGESTED MOTIONS:

    Approve the Professional Service Agreement with Adams Ashby Group, LLC.Attachments: Professional Services Agreement between the City of Lakeport and Adams Ashby

    Group, LLC

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    Page 1 of 15APPROVED FOR USE 1/1/2013

    119878.1

    PROFESSIONAL SERVICES AGREEMENT(City of Lakeport / Adams Ashby Group, LLC.)

    1. IDENTIFICATIONTHIS PROFESSIONAL SERVICES AGREEMENT (Agreement) is entered into by

    and between the City of Lakeport a California municipal corporation (City) and Adams AshbyGroup a California, limited liability company (Consultant).

    2. RECITALS2.1 City has determined that it requires the following professional services from a

    consultant: Administrative and Labor Compliance support services for the USDAawards issued to the City for the Water Improvement and Sewer ImprovementProjects.

    2.2 Consultant represents that it is fully qualified to perform such professionalservices by virtue of its experience and the training, education and expertise of itsprincipals and employees. Consultant further represents that it is willing to acceptresponsibility for performing such services in accordance with the terms andconditions set forth in this Agreement.

    NOW, THEREFORE,for and in consideration of the mutual covenants and conditions hereincontained, City and Consultant agree as follows:

    3. DEFINITIONS3.1 Scope of Services: Such professional services as are set forth in Consultants

    June 10, 2013proposal to City attached hereto as Exhibit A and incorporatedherein by this reference.

    3.2 Approved Fee Schedule: Such compensation rates as are set forth inConsultants June 10, 2013fee schedule to City attached hereto as Exhibit B andincorporated herein by this reference.

    3.3 Commencement Date: June 10, 2013.3.4 Expiration Date: December 31, 2016.

    4. TERMThe term of this Agreement shall commence at 12:00 a.m. on the Commencement Date

    and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement ofthe parties or terminated earlier in accordance with Section 18 (Termination) below.

    5. CONSULTANTS SERVICES

    ATTACHMENT 1

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    5.1 Consultant shall perform the services identified in the Scope of Services. Cityshall have the right to request, in writing, changes in the Scope of Services. Anysuch changes mutually agreed upon by the parties, and any correspondingincrease or decrease in compensation, shall be incorporated by writtenamendment to this Agreement. All time will be billed on a per hour rate as

    provided in Exhibit B. In no event shall the total compensation and costspayable to Consultant under this Agreement exceed the sum of $75,000 for theUSDA Water Project and $65,000 for the USDA Sewer Project, unlessspecifically approved in advance and in writing by City.

    5.2 Consultant shall obtain a City business license prior to commencing performanceunder this Agreement.

    5.3 Consultant shall perform all work to the highest professional standards ofConsultants profession and in a manner reasonably satisfactory to City.

    Consultant shall keep itself fully informed of and in compliance with all local,state, and federal laws, rules, and regulations in any manner affecting theperformance of the Agreement, including all Cal/OSHA requirements, the conflictof interest provisions of Government Code Section 1090, and the Political ReformAct (Government Code Section 81000 et seq.).

    5.4 During the term of this Agreement, Consultant shall not perform any work foranother person or entity for whom Consultant was not working at theCommencement Date if both (i) such work would require Consultant to abstainfrom a decision under this Agreement pursuant to a conflict of interest statute and(ii) City has not consented in writing to Consultants performance of such work.

    5.5 Consultant represents that it has, or will secure at its own expense, all personnelrequired to perform the services identified in the Scope of Services. All suchservices shall be performed by Consultant or under its supervision, and allpersonnel engaged in the work shall be qualified to perform such services. LorieAnn Adams shall be Consultants project administrator and shall have directresponsibility for management of Consultants performance under thisAgreement. No change shall be made in Consultants project administratorwithout Citys prior written consent.

    5.6 Consultant has represented to the City that key personnel will perform andcoordinate the services under this Agreement. Should one or more of suchpersonnel become unavailable, Consultant may substitute other personnel of atleast equal competence upon written approval of City. If City and Consultantcannot agree as to the substitution of key personnel, City may terminate thisAgreement for cause.

    5.7 Consultant shall not be reimbursed for any expenses unless provided for in thisAgreement or authorized in writing by City in advance.

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    6. COMPENSATION6.1 City agrees to compensate Consultant for the services provided under this

    Agreement, and Consultant agrees to accept in full satisfaction for such services,payment in accordance with the Approved Fee Schedule.

    6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently,for the services performed pursuant to this Agreement. Each invoice shall itemizethe services rendered during the billing period and the amount due. City shall notwithhold applicable taxes or other authorized deductions from payments made toConsultant. Payment will be made within 30 days of receipt of invoice.

    6.3 Payments for any services requested by City and not included in the Scope ofServices shall be made to Consultant by City on a time-and-materials basis usingConsultants standard fee schedule. Consultant shall be entitled to increase thefees in this fee schedule at such time as it increases its fees for its clientsgenerally; provided, however, in no event shall Consultant be entitled to increase

    fees for services rendered before the thirtieth day after Consultant notifies City inwriting of an increase in that fee schedule.

    7. PREVAILING WAGESConsultant is aware of the requirements of California Labor Code Section 1720, et seq.,

    and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,(Prevailing Wage Laws), which require the payment of prevailing wage rates and theperformance of other requirements on certain public works and maintenance projects.Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees,and agents free and harmless from any claim or liability arising out of any failure or alleged

    failure of Consultant to comply with the Prevailing Wage Laws.

    8. OWNERSHIP OF WRITTEN PRODUCTSAll reports, documents or other written material (written products herein) developed by

    Consultant in the performance of this Agreement shall be and remain the property of Citywithout restriction or limitation upon its use or dissemination by City. Consultant may take andretain copies of such written products as desired, but no such written products shall be thesubject of a copyright application by Consultant.

    9. RELATIONSHIP OF PARTIESConsultant is, and shall at all times remain as to City, a wholly independent contractor.

    Consultant shall have no power to incur any debt, obligation, or liability on behalf of City orotherwise to act on behalf of City as an agent. Neither City nor any of its agents shall havecontrol over the conduct of Consultant or any of Consultants employees, except as set forth inthis Agreement. Consultant shall not represent that it is, or that any of its agents or employeesare, in any manner employees of City.

    Under no circumstances shall Consultant look to the City as his employer. Consultant

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    shall not be entitled to any benefits. City makes no representation as to the effect of thisindependent contractor relationship on Consultants previously earned PERS retirement benefits,and Consultant specifically assumes the responsibility for making such a determination.Consultant shall be responsible for all reports and obligations including, but not limited to: socialsecurity taxes, income tax withholding, unemployment insurance, disability insurance, and

    workers compensation.

    10. CONFIDENTIALITYAll data, documents, discussion, or other information developed or received by

    Consultant or provided for performance of this Agreement are deemed confidential and shall notbe disclosed by Consultant without prior written consent by City. City shall grant such consentif disclosure is legally required. Upon request, all City data shall be returned to City upon thetermination or expiration of this Agreement.

    11. INDEMNIFICATION11.1 The parties agree that City, its officers, agents, employees and volunteers should,

    to the fullest extent permitted by law, be protected from any and all loss, injury,damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, taxes, orany other cost arising out of or in any way related to the performance of thisAgreement. Accordingly, the provisions of this indemnity provision are intendedby the parties to be interpreted and construed to provide the City with the fullestprotection possible under the law. Consultant acknowledges that City would notenter into this Agreement in the absence of Consultants commitment toindemnify and protect City as set forth herein.

    11.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless,and when the City requests with respect to a claim provide a deposit for thedefense of, and defend City, its officers, agents, employees and volunteers fromand against any and all claims and losses, costs or expenses for any damage due todeath or injury to any person, whether physical, emotional, consequential orotherwise, and injury to any property arising out of or in connection withConsultants alleged negligence, recklessness or willful misconduct or otherwrongful acts, errors or omissions of Consultant or any of its officers, employees,servants, agents, or subcontractors, or anyone directly or indirectly employed byeither Consultant or its subcontractors, in the performance of this Agreement orits failure to comply with any of its obligations contained in this Agreement,except such loss or damage as is caused by the sole active negligence or willful

    misconduct of the City. Such costs and expenses shall include reasonableattorneys fees due to counsel of Citys choice, expert fees and all other costs andfees of litigation.

    11.3 City shall have the right to offset against any compensation due Consultant underthis Agreement any amount due City from Consultant as a result of Consultantsfailure to pay City promptly any indemnification arising under this Section 11 andany amount due City from Consultant arising from Consultants failure either to

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    (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply withapplicable workers compensation laws.

    11.4 The obligations of Consultant under this Section 11 are not limited by theprovisions of any workers compensation act or similar act. Consultant expresslywaives its statutory immunity under such statutes or laws as to City, its officers,agents, employees and volunteers.

    11.5 Consultant agrees to obtain executed indemnity agreements with provisionsidentical to those set forth here in this Section 11 from each and everysubcontractor or any other person or entity involved by, for, with or on behalf ofConsultant in the performance of this Agreement. If Consultant fails to obtainsuch indemnity obligations from others as required herein, Consultant agrees to befully responsible and indemnify, hold harmless and defend City, its officers,agents, employees and volunteers from and against any and all claims and losses,costs or expenses for any damage due to death or injury to any person and injuryto any property resulting from any alleged intentional, reckless, negligent, or

    otherwise wrongful acts, errors or omissions of Consultants subcontractors orany other person or entity involved by, for, with or on behalf of Consultant in theperformance of this Agreement. Such costs and expenses shall include reasonableattorneys fees incurred by counsel of Citys choice.

    11.6 City does not, and shall not, waive any rights that it may possess againstConsultant because of the acceptance by City, or the deposit with City, of anyinsurance policy or certificate required pursuant to this Agreement. This holdharmless and indemnification provision shall apply regardless of whether or notany insurance policies are determined to be applicable to the claim, demand,damage, liability, loss, cost or expense.

    12. INSURANCE12.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in

    full force and effect insurance against claims for death or injuries to persons ordamages to property that may arise from or in connection with Consultantsperformance of this Agreement. Such insurance shall be of the types and in theamounts as set forth below:

    12.1.1 Comprehensive General Liability Insurance with minimum limits of OneMillion Dollars ($1,000,000) for each occurrence and in the aggregate for

    any personal injury, death, loss or damage. General Liability coverageshall be amended so that Consultant and its managers, affiliates,employees, agents, and other persons necessary or incidental to itsoperation are insured.

    12.1.2 Automobile Liability Insurance for vehicles used in connection with theperformance of this Agreement with minimum limits of One MillionDollars ($1,000,000) per claimant and One Million dollars ($1,000,000)

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    per incident.

    12.1.3 Workers Compensation insurance as required by the laws of the State ofCalifornia.

    12.2 Consultant shall require each of its subcontractors to maintain insurance coveragethat meets all of the requirements of this Agreement.

    12.3 The policy or policies required by this Agreement shall be issued by an insureradmitted in the State of California and with a rating of at least A:VII in the latestedition of Bests Insurance Guide.

    12.4 Consultant agrees that if it does not keep the aforesaid insurance in full force andeffect, City may either (i) immediately terminate this Agreement; or (ii) take outthe necessary insurance and pay the premium thereon at Consultants expense.

    12.5 At all times during the term of this Agreement, Consultant shall maintain on filewith Citys Risk Manager a certificate or certificates of insurance showing thatthe aforesaid policies are in effect in the required amounts and naming the Cityand its officers, employees, agents and volunteers as additional insureds.Consultant shall, prior to commencement of work under this Agreement, file withCitys Risk Manager such certificate(s).

    12.6 Consultant shall provide proof that policies of insurance required herein expiringduring the term of this Agreement have been renewed or replaced with otherpolicies providing at least the same coverage. Such proof will be furnished atleast two weeks prior to the expiration of the coverages.

    12.7

    The general liability and automobile policies of insurance required by thisAgreement shall contain an endorsement naming City and its officers, employees,agents and volunteers as additional insureds. All of the policies required underthis Agreement shall contain an endorsement providing that the policies cannot becanceled or reduced except on thirty days prior written notice to City. Consultantagrees to require its insurer to modify the certificates of insurance to delete anyexculpatory wording stating that failure of the insurer to mail written notice ofcancellation imposes no obligation, and to delete the word endeavor with regardto any notice provisions.

    12.8 The insurance provided by Consultant shall be primary to any coverage availableto City. Any insurance or self-insurance maintained by City and/or its officers,employees, agents or volunteers, shall be in excess of Consultants insurance andshall not contribute with it.

    12.9 All insurance coverage provided pursuant to this Agreement shall not prohibitConsultant, and Consultants employees, agents or subcontractors, from waivingthe right of subrogation prior to a loss. Consultant hereby waives all rights ofsubrogation against the City.

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    12.10 Any deductibles or self-insured retentions must be declared to and approved bythe City. At the option of City, Consultant shall either reduce or eliminate thedeductibles or self-insured retentions with respect to City, or Consultant shallprocure a bond in the amount of the deductible or self-insured retention toguarantee payment of losses and expenses.

    12.11 Procurement of insurance by Consultant shall not be construed as a limitation ofConsultants liability or as full performance of Consultants duties to indemnify,hold harmless and defend under Section 11 of this Agreement.

    12.2 Consultant shall report to the City, in addition to the Consultants insurer, any andall insurance claims submitted to Consultant's insurer in connection with theservices under the Agreement.

    13. MUTUAL COOPERATION13.1 City shall provide Consultant with all pertinent data, documents and other

    requested information as is reasonably available for the proper performance ofConsultants services under this Agreement.

    13.2 If any claim or action is brought against City relating to Consultants performancein connection with this Agreement, Consultant shall render any reasonableassistance that City may require in the defense of that claim or action.

    14. RECORDS AND INSPECTIONSConsultant shall maintain full and accurate records with respect to all matters covered

    under this Agreement for a period of three years after the expiration or termination of this

    Agreement. City shall have the right to access and examine such records, without charge, duringnormal business hours. City shall further have the right to audit such records, to make transcriptstherefrom and to inspect all program data, documents, proceedings, and activities.

    15. PERMITS AND APPROVALSConsultant shall obtain, at its sole cost and expense, all permits and regulatory approvals

    necessary for Consultants performance of this Agreement. This includes, but shall not belimited to, professional licenses, encroachment permits and building and safety permits andinspections.

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    16. NOTICESAny notices, bills, invoices, or reports required by this Agreement shall be deemed

    received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier serviceduring Consultants and Citys regular business hours; or (ii) on the third business day followingdeposit in the United States mail if delivered by mail, postage prepaid, to the addresses listedbelow (or to such other addresses as the parties may, from time to time, designate in writing).

    If to City

    City of Lakeport225 Park St.Lakeport CA 95453Telephone: (707) 263-5615Facsimile: (707) 263-8584

    If to Consultant:

    Adams Ashby Group

    770 L Street, Suite 950

    Sacramento, CA 95814

    Telephone: (916) 449-3944Facsimile: (916) 449-3934

    With courtesy copy to:

    David J. Ruderman, Esq.Interim City AttorneyColantuono & Levin, P.C.11364 Pleasant Valley RoadPenn Valley, CA 95946Telephone: (530) 432-7357Facsimile: (530) 432-7356

    17. SURVIVING COVENANTSThe parties agree that the covenants contained in Section 10, Section 11, Paragraph 13.2

    and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.

    18. TERMINATION18.1 City may terminate this Agreement for any reason on five calendar days written

    notice to Consultant. Consultant may terminate this Agreement for any reason onthirty calendar days written notice to City. Consultant agrees to cease all workunder this Agreement on or before the effective date of any notice of termination.

    All City data, documents, objects, materials or other tangible things shall bereturned to City upon the termination or expiration of this Agreement.

    18.2 If City terminates this Agreement due to no fault or failure of performance byConsultant, then Consultant shall be paid based on the work satisfactorilyperformed at the time of termination. In no event shall Consultant be entitled toreceive more than the amount that would be paid to Consultant for the fullperformance of the services required by this Agreement.

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    19. GENERAL PROVISIONS19.1 Consultant maintains and warrants that it has not employed nor retained any

    company or person, other than a bona fide employee working solely forConsultant, to solicit or secure this Agreement. Further, Consultant warrants thatit has not paid nor has it agreed to pay any company or person, other than a bonafide employee working solely for Consultant, any fee, commission, percentage,brokerage fee, gift or other consideration contingent upon or resulting from theaward or making of this Agreement. Consultant further agrees to file, or shallcause its employees or subcontractor to file, a Statement of Economic Interestwith the Citys Filing Officer if required under state law in the performance of theservices. For breach or violation of this warranty, City shall have the right torescind this Agreement without liability. For the term of this Agreement, nomember, officer, or employee of City, during the term of his or her service withCity, shall have any direct interest in this Agreement, or obtain any present oranticipated material benefit arising therefrom.

    19.2 Consultant shall not delegate, transfer, subcontract or assign its duties or rightshereunder, either in whole or in part, without Citys prior written consent, and anyattempt to do so shall be void and of no effect. City shall not be obligated orliable under this Agreement to any party other than Consultant.

    19.3 This Agreement shall be binding on the successors and assigns of the parties.19.4 Except as expressly stated herein, there is no intended third party beneficiary of

    any right or obligation assumed by the parties.

    19.5 Time is of the essence for each and every provision of this Agreement.19.6 In the performance of this Agreement, Consultant shall not discriminate against

    any employee, subcontractor, or applicant for employment because of race, color,creed, religion, sex, marital status, sexual orientation, national origin, ancestry,age, physical or mental disability, medical condition or any other unlawful basis.

    19.7 The captions appearing at the commencement of the sections hereof, and in anyparagraph thereof, are descriptive only and for convenience in reference to thisAgreement. Should there be any conflict between such heading, and the sectionor paragraph thereof at the head of which it appears, the section or paragraphthereof, as the case may be, and not such heading, shall control and govern in theconstruction of this Agreement. Masculine or feminine pronouns shall besubstituted for the neuter form and vice versa, and the plural shall be substitutedfor the singular form and vice versa, in any place or places herein in which thecontext requires such substitution(s).

    19.8 The waiver by City or Consultant of any breach of any term, covenant orcondition herein contained shall not be deemed to be a waiver of such term,

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    covenant or condition or of any subsequent breach of the same or any other term,covenant or condition herein contained. No term, covenant or condition of thisAgreement shall be deemed to have been waived by City or Consultant unless inwriting signed by one authorized to bind the party asserted to have consented tothe waiver.

    19.9 Consultant shall not be liable for any failure to perform if Consultant presentsacceptable evidence, in Citys sole judgment that such failure was due to causesbeyond the control and without the fault or negligence of Consultant.

    19.10 Each right, power and remedy provided for herein or now or hereafter existing atlaw, in equity, by statute, or otherwise shall be cumulative and shall be in additionto every other right, power, or remedy provided for herein or now or hereafterexisting at law, in equity, by statute, or otherwise. The exercise, thecommencement of the exercise, or the forbearance of the exercise by any party ofany one or more of such rights, powers or remedies shall not preclude thesimultaneous or later exercise by such party of any of all of such other rights,

    powers or remedies. If legal action shall be necessary to enforce any term,covenant or condition herein contained, the party prevailing in such action,whether reduced to judgment or not, shall be entitled to its reasonable court costs,including accountants fees, if any, and attorneys fees expended in such action.The venue for any litigation shall be Lake County, California and Consultanthereby consents to jurisdiction in Lake County for purposes of resolving anydispute or enforcing any obligation arising under this Agreement.

    19.11 If any term or provision of this Agreement or the application thereof to any personor circumstance shall, to any extent, be invalid or unenforceable, then such termor provision shall be amended to, and solely to, the extent necessary to cure such

    invalidity or unenforceability, and in its amended form shall be enforceable. Insuch event, the remainder of this Agreement, or the application of such term orprovision to persons or circumstances other than those as to which it is heldinvalid or unenforceable, shall not be affected thereby, and each term andprovision of this Agreement shall be valid and be enforced to the fullest extentpermitted by law.

    19.12 This Agreement shall be governed and construed in accordance with the laws ofthe State of California.

    19.13 All documents referenced as exhibits in this Agreement are hereby incorporatedinto this Agreement. In the event of any material discrepancy between theexpress provisions of this Agreement and the provisions of any documentincorporated herein by reference, the provisions of this Agreement shall prevail.This instrument contains the entire Agreement between City and Consultant withrespect to the transactions contemplated herein. No other prior oral or writtenagreements are binding upon the parties. Amendments hereto or deviationsherefrom shall be effective and binding only if made in writing and executed byCity and Consultant.

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    19.14 Consultant shall maintain any and all ledgers, books of account, invoices,vouchers, canceled checks, and other records or documents evidencing or relatingto charges for services or expenditures and disbursements charged to City underthis Agreement for a minimum of three (3) years, or for any longer periodrequired by law, from the date of final payment to Consultant under this

    Agreement. All such documents shall be made available for inspection, audit,and/or copying at any time during regular business hours, upon oral or writtenrequest of City. In addition, pursuant to Government Code Section 8546.7, if theamount of public funds expended under this Agreement exceeds ten thousanddollars, all such documents and this Agreement shall be subject to theexamination and audit of the State Auditor, at the request of City or as part of anyaudit of City, for a period of three (3) years after final payment under theAgreement.

    19.15 Non-Discrimination. During the performance of this contract, the consultantagrees as follows: "(1) The contractor will not discriminate against anyemployee or applicant for employment because of race, creed, color, or nationalorigin. The contractor will take affirmative action to ensure that applicants areemployed, and that employees are treated during employment, without regard totheir race, creed, color, or national origin. Such action shall include, but not belimited to the following: employment, upgrading, demotion, or transfer;recruitment or recruitment advertising; layoff or termination; rates of pay or otherforms of compensation; and selection for training, including apprenticeship. Thecontractor agrees to post in conspicuous places, available to employees andapplicants for employment, notices to be provided by the contracting officersetting forth the provisions of this nondiscrimination clause. (2) The contractorwill, in all solicitations or advertisements for employees placed by or on behalf ofthe contractor, state that all qualified applicants will receive consideration foremployment without regard to race, creed, color, or national origin. (3) Thecontractor will send to each labor union or representative of workers with whichhe has a collective bargaining agreement or other contract or understanding, anotice, to be provided by the agency contracting officer, advising the labor unionor workers' representative of the contractor's commitments under Section 202 ofExecutive Order No. 11246 of September 24, 1965, and shall post copies of thenotice in conspicuous places available to employees and applicants foremployment. (4) The contractor will comply with all provisions of ExecutiveOrder No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevantorders of the Secretary of Labor. (5) The contractor will furnish all informationand reports required by Executive Order No. 11246 of September 24, 1965, and

    by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,and will permit access to his books, records, and accounts by the contractingagency and the Secretary of Labor for purposes of investigation to ascertaincompliance with such rules, regulations, and orders. (6) In the event of thecontractor's noncompliance with the nondiscrimination clauses of this contract orwith any of such rules, regulations, or orders, this contract may be cancelled,terminated or suspended in whole or in part and the contractor may be declared

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    ineligible for further Government contracts in accordance with proceduresauthorized in Executive Order No. 11246 of Sept 24, 1965, and such othersanctions may be imposed and remedies invoked as provided in Executive OrderNo. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretaryof Labor, or as otherwise provided by law. (7) The contractor will include the

    provisions of Paragraphs (1) through (7) in every subcontract or purchase orderunless exempted by rules, regulations, or orders of the Secretary of Labor issuedpursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so thatsuch provisions will be binding upon each subcontractor or vendor. Thecontractor will take such action with respect to any subcontract or purchase orderas the contracting agency may direct as a means of enforcing such provisionsincluding sanctions for noncompliance: Provided, however, That in the event thecontractor becomes involved in, or is threatened with, litigation with asubcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the United States to enter into such litigation to protectthe interests of the United States."

    19.16 Consultant will perform the work in accordance with all applicable Federal, Stateand local housing and building codes, such as environmental, building, planning,zoning, health and safety, relocation, labor, fair employment, and historicpreservation.

    19.17 Consultant will comply with all applicable Federal and State overlay requirementsas required by the funding agency.

    19.18 Consultant will allow the State or Federal agencies access to relevant records forgrant monitoring or auditing purposes.

    19.19 Consultant will comply with State energy conservation standards and policies toreduce, reuse, and recycle in accordance with the State Energy Conservation Planissued in compliance with Energy Policy and Conservation Act (42 U.S. C. 6201).

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    TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorizedrepresentatives to execute this Agreement on the dates set forth below.

    City Consultant

    City of Lakeport Adams Ashby Group

    By: __________________________ By:_______________________________Margaret Silveira, City Manager Lorie Ann Adams

    Date: _________________ Date: __________________

    By: _______________________________Paul Ashby

    Date: __________________

    Attest:

    By:Kelly Buendia, Acting City Clerk

    Date:

    Approved as to form:

    By:David J. Ruderman, Interim City Attorney

    Date:

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    Exhibit A

    Scope of Services

    The activities include, but are not limited to the following: Submittal of required documents for Loan Closing Outlay Reports Partial Payment Requests Federal and State labor compliance Pre-bid and pre-construction meeting participation and attendance Bid document and contract review, Correspondence with USDA and staff, Ensure federal regulation compliance, All other duties as required by the USDA Project staff.

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    Exhibit B

    Rate Schedule

    2013 - 2014 Hourly Rate

    Principal $80.00

    Associate Staff $65.00

    Inspection Staff $75.00

    Administrative Support Staff $55.00

    2015-2016 Hourly Rate

    Principal $85.00

    Associate Staff $65.00

    Inspection Staff $75.00

    Administrative Support Staff $55.00

    Not To Exceed by Project:

    USDA Water Project: $75,000USDA Sewer Project: $65,000

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    Meeting Date: 01/07/2014 Page 1 Agenda Item #IV.E.

    CITY OF LAKEPORT

    City CouncilCity of Lakeport Municipal Sewer District

    STAFF REPORT

    RE: Approval of an agreement for Professional Services withCommunity Development Services (CDS)

    MEETING DATE: 01/07/14

    SUBMITTED BY: Margaret Silveira, City Manager

    PURPOSE OF REPORT: Information only Discussion Action Item

    WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

    Council is being asked to approve a three year professional services agreement with CommunityDevelopment Services (CDS) Consultant.

    BACKGROUND DISCUSSION:

    The City sent out a request for proposal (RFP) for administrative services for the Community DevelopmentBlock Grant (DCBG) Economic Development Allocation, Program Income Business Loan Program, andon call economic development functions. The RFP was sent to 11 consulting firms, with only one response.The sole response was from Community Development Services (CDS) of Glenhaven, CA. CDS has beenworking with the City of Lakeport on many previous CDBG grants and is very familiar with the City ofLakeports economic development loan program.

    Being the sole responder to the RFP, the City must obtain a sole source approval from CDBG after goingthrough the CDBG process. CDBG has provided the approval, which is attached to the staff report.

    The contract is for a three year term January 14, 2014 through January 14, 2016.

    OPTIONS:

    Approve agreement for services with CDS

    Disapprove

    No action

    FISCAL IMPACT:

    None Account Number:(CDBG Grant Funds)Comments:

    SUGGESTED MOTIONS:

    Approve the Professional Service Agreement Community Development Services with CDS.

    Attachments: 1. Professional Services Agreement between the City of Lakeport andCommunity Development Services.

    2. Letter from the California Department of Housing and CommunityDevelopment CDBG Program, approving sole-source selection. DatedDecember 11, 2013.

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    Meeting Date: 1/7/2014 Page 1 Agenda Item #VI.A.1.

    CITY OF LAKEPORTCity Council

    Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

    STAFF REPORTRE: Appointment of Liaisons to Commissions,

    Boards, and CommitteesMEETING DATE: 1/07/2014

    SUBMITTED BY: Kelly Buendia, Acting City Clerk

    PURPOSE OF REPORT: Information only Discussion Action Item

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

    The Mayor is being asked to make the annual appointment of liaisons to commissions, boards, andcommittees.

    In addition, the Council is being asked to adopt a resolution appointing representatives to represent andvote on behalf of the City at the League of California Cities, Redwood Empire Division Business meetingsand represent the City and vote at Division Legislative Committee meetings.

    BACKGROUND:There are several commissions, committees and boards to which annual appointments are made. Some ofthese appointments are advisory only, and some of them require active participation.

    DISCUSSION:These are annual appointments that are done at the end of the calendar year and run from January throughDecember of the coming calendar year. The following is brief information on each of the commissions/boards/committees:

    Lakeport Fire Protection District: Meets the second Tuesday of each month at 6:00 p.m. at the FireDepartment. One Council member and an alternate are appointed (not voting or acting members) toattend meetings and report back to the City Council.

    Lakeport Regional Chamber of Commerce: Board meets the third Tuesday of each month at 8:00 a.m.at Umpqua Bank. There are also monthly dinner meetings. One Council member and an alternate areappointed (not voting or acting members) to attend meetings and report back to the City Council.

    Lakeport Main Street Association: Meets fourth Thursday of each month at 6:00 p.m. at variouslocations. One Council Member is appointed (not voting or acting member) to attend meetings and

    report back to the City Council. League of California Cities, Redwood Empire Division, Division Business Meeting Voting Delegate:

    Meets Quarterly. One Council member and one alternate are appointed to attend the League's Divisionmeetings.

    League of California Cities, Redwood Empire Division, Legislative Committee Voting Delegate: OneCouncil member and on alternate to attend the League's Legislative Committee meetings.

    Lake County/City Area Planning Council: This committee handles transportation issues and meets thesecond Wednesday of each month. The location alternates between the City of Lakeport CouncilChambers and the Lake Transit offices in Lower Lake. Two Council members and an alternate areappointed and are active, voting members of the APC.

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    Meeting Date: 1/7/2014 Page 2 Agenda Item #VI.A.1.

    County of Lake Solid Waste Management Task Force: This is a County committee in which we have aliaison. Typically, the City appoints one Council member and the City Manager to attend any meetingsof the Task Force.

    Lake County Abandoned Vehicle Abatement Service Authority: This committee typically meets onlyone time per year in the spring to discuss the AV program. According to Rick Coel from the LakeCounty Community Development Department, this meeting will probably occur in April. The Cityappoints two members to sit on this committee, and they are active members.

    SB 621 Indian Gaming Funds Committee: This committee meets on as "as needed basis" as fundingbecomes available. The City appoints one active voting member and one alternate. Clear Lake Advisory Committee: Meets the fourth Friday of each month from 9:00 a.m. to 12:00 (not in

    November or December). The City appoints one active voting member.

    Local Agency Formation Commission (LAFCO): This board meets monthly, and varies its meetingsbetween Lakeport and Clearlake. The City appoints a Council member who acts as a voting member ofLAFCO.

    Lake County Airport Land Use Commission: This board meets only on an as needed basis whenthere are projects going on at the airport. They have not met in the last couple of years but the Countyof Lake still want to have someone appointed from the City Council should the need arise to review a

    project. Invasive Species Task Force Committee: Meets on monthly on a Monday TBA from 10:00 a.m. to

    12:00 at the Agriculture Office. The City appoints one member as an active, voting member.

    Clean Water Program Committee (formerly TMDL): This board meets on a monthly basis, and theCity appoints one member as an active, voting member.

    Oversight Board of the Former Lakeport Redevelopment Agency: This Board meets as needed. TheCity appoints one member as an active, voting member.

    Lakeport Unified School District Committee: This committee meets quarterly, TBA. The City appointstwo Council members to sit on the committee and report back to Council.

    OPTIONS:The Mayor can make appointments to the various commissions/boards/committees as listed or give furtherdirection.The Council can adopt resolution appointing voting delegates to the League's Division Business andLegislative Committee meetings or decline to appoint a voting delegate to either/both meetings.

    FISCAL IMPACT:

    None $ Account Number:

    Comments:

    SUGGESTED MOTIONS:No motion is necessary for Mayoral appointments.

    Move that the City Council adopt a resolution appointing representatives to represent and vote on behalf ofthe City at the League of California Cities, Redwood Empire Division Business meetings and represent theCity and vote at Division Legislative Committee meetings.

    Attachments: 1. List of current liaisons to commissions, boards, and committees2. Resolution appointing voting delegates for League of California Cities

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    LAKEPORT CITY COUNCIL

    EFFECTIVE DECEMBER 17, 2013LIAISONS TO COMMISSIONS, BOARDS, COMMITTEES

    LIAISONS2013 2014

    Lakeport Fire Protection District Council Member Spillman

    Mayor Engstrom, Alt.

    Lakeport Regional Chamber of Commerce Mayor Engstrom

    City Manager

    Lakeport Main Street Association Council Member Spillman

    APPOINTMENTS

    2013 2014League of California Cities, Redwood

    Empire Division, Division and Legislative

    Committee Voting Delegate

    Council Member Scheel

    Alternate

    Lake County/City Area Planning Council Mayor Pro Tem Mattina

    Council Member Scheel

    Mayor Engstrom, Alt.

    County of Lake Solid Waste Management

    Task Force

    Council Member Scheel

    City Manager

    Lake County Abandoned Vehicle

    Abatement Service Authority

    Council Member Parlet

    SB 621 Indian Gaming Funds Committee Council Member ScheelMayor Engstrom, Alt.

    Clear Lake Advisory Subcommittee Mayor Engstrom

    Local Agency Formation Commission Mayor Pro Tem Mattina

    Council Member Scheel, Alt.

    Lake County Airport Land Use Commission Council Member Spillman

    Invasive Species Task Force Committee Council Member Parlet

    Clean Water Program Committee Council Member Parlet

    Investment Committee Council Member Spillman

    Council Member Parlet

    Lakeport Unified School District Committee Mayor Engstrom

    Mayor Pro Tem MattinaOversight Board of the Former Lakeport

    Redevelopment Agency

    Mayor Pro Tem Mattina

    Council Member Parlet, Alt.

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    ATTACHMENT 2

    RESOLUTION NO. ______ (2014)

    A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

    LAKEPORT APPOINTING REPRESENTATIVES TO REPRESENT AND VOTE

    ON BEHALF OF THE CITY AT THE LEAGUE OF CALIFORNIA CITIES,REDWOOD EMPIRE DIVISION BUSINESS MEETINGS AND REPRESENT

    THE CITY AND VOTE AT DIVISION LEGISLATIVE COMMITTEE

    MEETINGS.

    WHEREAS,the City is a member of the League of California Cities, an

    association of California city officials who work together to enhance their knowledge and

    skills, exchange information, and combine resources so that they may influence policydecisions that affect cities, and

    WHEREAS,mayors, council members and other officials set League policies

    and priorities from member cities who serve on the League Board of Directors, Leaguepolicy committees, regional division boards, departments, caucuses, and task forces

    where League policies and priorities are formulated and set, and

    WHEREAS, the City is an active member of the Redwood Empire Division,

    League of California Cities, and

    WHEREAS, the Redwood Empire Division By-laws, Article III, Section 3, states

    representatives of each member city shall cast one vote by city, and

    WHEREAS,the Redwood Empire Division By-laws, Article VIII, creates a

    Redwood Empire Division Legislative Committee to review and respond to bills that

    impact Redwood Empire Cities, and

    WHEREAS,the City must appoint one elected official to attend and represent the

    city at Division Business meetings who can vote on behalf of the city, and

    WHEREAS,the City must appoint one elected official to attend and represent the

    city at Legislative Committee meetings who can vote on behalf of the city, and

    WHEREAS,an alternate elected official should be appointed to represent the city

    in the event the regular member is not available to attend, and

    WHEREAS, appointments should be reviewed and updated annually.

    NOW, THEREFORE, BE IT RESOLVEDthat the 2014 appointment for the

    Redwood Empire Division are as follows:

    Division Business Meeting Primary: ___________________________

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    ATTACHMENT 2

    Division Business Meeting Alternate: __________________________

    Legislative Committee Primary: ______________________________

    Legislative Committee Alternate: _____________________________

    It is hereby certified that the foregoing Resolution was duly introduced and adopted by

    the City Council of the City of Lakeport at its regular meeting held on the 7th day of

    January, 2014 by the following vote:

    AYES:

    NOES:ABSENT:

    ABSTAIN:

    Approved:

    ____________________________

    KENNETH PARLET II, Mayor

    Attested:

    ____________________________

    KELLY BUENDIA, Acting City Clerk

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    Meeting Date: January 7, 2014 Page 1 Agenda Item #VI.B.1

    CITY OF LAKEPORT

    City CouncilCity of Lakeport Municipal Sewer District

    STAFF REPORT

    RE: Social Media Update Presentation MEETING DATE: 1-7-14

    SUBMITTED BY: Andrew Britton, Planning Services Manager

    PURPOSE OF REPORT: Information only Discussion Action Item

    WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

    Staff will present an overview of the Citys 2013 social media outreach activities.

    BACKGROUND:City Council members and management staff participated in a Strategic Planning session in February 2013.One of the identified strategic opportunities was the enhancement of the Citys social media presence,including the use of our website, Facebook page and Twitter account. Improving our social media presencewas one of the strategies identified to enhance the level of communication with our residents.

    DISCUSSION:

    The presentation will primarily focus on the outreach activities that have been completed in conjunctionwith our Facebook page. Our efforts began in earnest in July of this year and since that time we have seen alarge increase in the amount of total page likes and an increase in the level of engagement with ourresidents.

    Staff is receptive to hearing suggestions about how we can further utilize our social media outlets andcontinue to improve the communication and engagement with our residents.

    OPTIONS:

    N/A

    FISCAL IMPACT:

    None $ Account Number: Comments:

    SUGGESTED MOTIONS:

    N/A

    Attachments:

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    Meeting Date: 01/07/2014 Page 1 Agenda Item #VI.C.1.

    CITY OF LAKEPORT

    City CouncilCity of Lakeport Municipal Sewer District

    STAFF REPORT

    RE: Housing Related Parks Grant MEETING DATE: 01/07/2014

    SUBMITTED BY: Margaret Silveira, City Manager

    PURPOSE OF REPORT: Information only Discussion Action Item

    WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

    Council is being asked to consider a grant application to the State of California Department of Housing andCommunity Development for Housing Related Parks (HRP) Grant and adopt a Resolution authorizing theapplication for a Housing Related Parks Grant.

    BACKGROUND/ DISCUSSION:

    The HRP Program was funded through Proposition 1C, the Housing and Emergency Shelter Trust FundAct of 2006, Health and Safety Code Section 53545, subdivision (d) and originally established pursuant toChapter 641, Statutes of 2008 (AB 2494, Caballero), at Chapter 8 of Part 2 of Division 31 of the Health andSafety Code (commencing with Section 50700) and subsequently amended pursuant to Chapter 779,Statutes 2012 (AB 1672, Torres).

    The HRP grant funded under the HRP Program objectives are; (1) increase new construction, preservation,substantial rehabilitation and acquisition/conversion of affordable housing (2) fund the creation and

    renovation of community parks (3) reward compliance with State Housing Element Law

    The HRP grant is not competitive; it is based on the number of affordable housing units created either bynew construction or substantial remodel, with a 55 year covenant for affordability. The funding awarded foreach eligible bedroom is based on the affordability, low income over 50% of the median household income,very low income between 31% and 50% of the median household income, and extremely low income 30%or below of the median household income. Based on the 47 rental units of the new Bella Vista SeniorComplex and three units purchased under the low income home buyers program, the City is eligible for$77,400 in grant funding. The minimum grant that can be applied for is $75,000. Funding is based on abase amount for each bedroom, and additional bonus points for new construction projects, infill units andcompliance with the Regional Blueprint Process.

    The eligible park uses of funding are; (1) Construction, rehabilitation or acquisition of capital assets thatbenefit the community (Government Code Section 16727), (2) Physical property with a useful life of 15years or more, (3) Equipment with a useful life of 2 years or more, (4) Costs related to construction oracquisition, i.e. planning, design, engineering, environmental impact reports, appraisals, legal, site acquisition,easements

    Staff is recommending the use of these funds for preliminary engineering for non-treated irrigation watersupply for Westside Park, and implementation. In November of 2012, Ruzicka Associates gave staff aproposal for a preliminary engineering report for non-treated irrigation water supply for Westside Park.Attached please find the proposal and scope of work.

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    RESOLUTION NO. (2014)

    A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFLAKEPORT AUTHORIZING THE APPLICATION FOR A HOUSING

    RELATED PARKS GRANT

    WHEREAS, The State of California, Department of Housing and CommunityDevelopment (Department) has issued a Notice of Funding Availability dated October 2, 2013(NOFA), under its Housing-Related Parks (HRP) Program;

    WHEREAS, the City of Lakeport desires to apply for a HRP Program grant and submit the2013 Designated Program Year Application Package released by the Department for the HRPProgram;

    WHEREAS, The Department is authorized to approve funding allocations for the HRPProgram, subject to the terms and conditions of the NOFA, Program Guidelines, ApplicationPackage, and Standard Agreement;

    NOW, THEREFORE, BE IT RESOLVED THAT:

    Applicant is hereby authorized and directed to apply for and submit to the Department theHRP Program Application Package released October 2013 for the 2013 Designated Program Year.If the application is approved, the Applicant is hereby authorized and directed to enter into, execute,and deliver a State of California Standard Agreement (Standard Agreement), and any and all otherdocuments required or deemed necessary or appropriate to secure the HRP Program Grant from

    the Department, and all amendments thereto (collectively, the HRP Grant Documents).

    Applicant shall be subject to the terms and conditions as specified in the StandardAgreement. Funds are to be used for allowable capital asset project expenditures to be identified inExhibit A of the Standard Agreement. The application in full is incorporated as part of the StandardAgreement. Any and all activities funded, information provided, and timelines represented in theapplication are enforceable through the Standard Agreement. Applicant hereby agrees to use thefunds for eligible capital asset(s) in the manner presented in the application as approved by theDepartment and in accordance with the NOFA and Program Guidelines and Application Package.

    That the City Manager and any designee(s)] is/are authorized to execute in the name of

    Applicant the HRP Program Application Package and the HRP Grant Documents as required bythe Department for participation in the HRP Program.

    DULY AND REGULARLY ADOPTEDon this 7th day of January, 2014, by thefollowing vote:

    ATTACHMENT 1

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    AYES:NOES:ABSTAIN:ABSENT:

    ________________________________KENNETH PARLET II, Mayor

    ATTEST:

    ______________________________KELLY BUENDIA, Acting City Clerk

    The undersigned Acting City Clerk of the Applicant here before named does hereby attest andcertify that the forgoing is a true and full copy of a resolution of the City Council of the City ofLakeport adopted at a duly convened meeting on the date above-mentioned, which has not beenaltered, amended or repealed.

    Signature _____________________________________________ Date ____________________

    ATTACHMENT 1

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    ATTACHMENT 2