111511 lakeport city council agenda and packet

8/3/2019 111511 Lakeport City Council Agenda and 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.

I. WORKSHOP: 5:30 p.m. Demonstration regarding paperless agenda

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

III. PLEDGE OF ALLEGIANCE:

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

Urgency Items: To add item, Council is required to make a majority decision that an urgency ex

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

action arose subsequent to the Agenda being posted.

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

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

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 36934

B. Warrants: Approve warrants as listed on Warrant Register dated November 15, 2011.

C. Minutes: Approve minutes of the regular City Council meeting of September 20, 2011 and

November 1, 2011.

D. Building Permit Report Receive and file Building Permit Report for October 2011.

VI. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input: Any person may speak for 3 m inutes 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 Councilare requested 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 can

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

appear on the printed agenda.

VII. PUBLIC HEARING:

A. Supplemental Law Enforcement

Services Fund Expenditure Plan

Adopt Resolution allocating funds from the Supplemental Law Enforcement

Services Fund (SLESF) pursuant to a written request from the Chief of Police.

VIII. COUNCIL BUSINESS:

A. City Clerk:

1. Paperless Agenda Approve purchase of IPads and software to implement paperless agenda proces

B. Police Chief:

1. Modification of ABC License

Lakeside Lanes

Authorize the Chief of Police to send a response letter to ABC outlining our

recommendations regarding the license modification.

C. Finance Director:

1. Warrant Ratification Process Implement a warrant ratification process and authorize the Finance Departmen

to issue warrants when expenditures are appropriated and payments due and

payable.

AGENDAREGULAR JOINT MEETING OF THE LAKEPORT CITY COUNCIL

AND THE LAKEPORT REDEVELOPMENT AGENCYTuesday, November 15, 2011

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


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City Council and Lakeport Redevelopment Agency Agenda of November 15, 2011 Page 2

D. Community Development Director:

1. Resolution Approving JPA

Relating to the California

Municipal Finance Authority and

Approve Issuance of Bonds

Sunshine Manor Apartments

Adopt a resolution approving a Joint Exercise of Powers Agreement relating to t

California Municipal Finance Authority (CMFA), and approving the issuance of

multifamily housing revenue bonds by the Authority for the purpose of financin

the acquisition and rehabilitation of a multifamily rental housing facility known

Sunshine Manor Apartments and authorize the City Manager to execute the Join

Exercise of Powers Agreement of the CMFA.

E. Administrative Services Director:

1. Reduction in Liabilities The City Council is being asked to approve the reduction of financial liabilities

through payment of "old bank" compensation time (CTO) and vacation time stil

on the balance sheet and approve a budget amendment to do so.

IX. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any:

X. CLOSED SESSION: Pursuant to Government Code Section 54957.6 (Conference with Labor

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

Manager

Pursuant to Government Code 54956.8, Conference with Real PropertyNegotiators, 1411 Alden Avenue, Negotiators: City Manager

Pursuant to Government Code 54956.9(b), Anticipated Litigation, two cases.

XI. REPORT FROM CLOSED SESSION:

XII. 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 Clerks Office

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

to staffs ability to post the documents before the meeting.

In compliance with theAmericans with Disabilities Act, the City of Lakeport will make available to members of the public any special assistance necessary to participatethis meeting. The public should contact the City Clerks Office at (707) 263-5615 to make such a request. Notification 72 hours prior to the meeting will enable the City

make reasonable arrangements to ensure accessibility to this meeting.

____________________________________

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


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MINUTESLAKEPORT CITY COUNCIL AND

LAKEPORT REDEVELOPMENT AGENCY

REGULAR MEETINGSeptember 20, 2011

I. WORKSHOP: Mayor/Chairperson Lyons opened the workshop at 5:00 p.m.

Redevelopment Director Knoll gave an overview of the Phase 2 of the

Downtown Improvement Project. The following members of the public

spoke: George Spurr, Carol Hayes, and Nancy Ruzicka. A motion was mad

by Council/Agency Member Engstrom, seconded by Council/Agency Mem

Mattina, and carried, with Council/Agency Members Parmentier and Rum

absent and Mayor Lyons voting no, that the project include concentrating

Main Street, doing the widened sidewalks, putting in trees with grates,

moving the street lights out, doing the patterned intersections and

crosswalks, and doing the street reconstruction.

II. CALL TO ORDER:

ROLL CALL:

Mayor/Chairperson Lyons called the regular meeting of the City Council of

the City of Lakeport and Lakeport Redevelopment Agency to order at

6:04 p.m. with Council/Agency Members Stacey Mattina, and Tom Engstro

present. Council/Agency Members Roy Parmentier and Robert Rumfelt

were absent.

III. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by George Spurr.

IV. ACCEPTANCE OF AGENDA: A motion was made by Council/Agency Member Engstrom, seconded by

Council/Agency Member Mattina, and carried by voice vote, with Council

Members Parmentier and Rumfelt absent, to accept the agenda as

presented.V. CONSENT AGENDA:

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

meeting for either introduction or passage per Government Code 36934.

B. Warrants Approve warrants as listed on Warrant Register dated September 20, 201

C. Minutes Approve minutes of the regular City Council meeting of August 16, 2011, a

the special meeting of August 30, 2011.

D. Building Permit Report Receive and file Building Permit Report for August, 2011.

E. Application 2011-18 Approve Application No. 2011-18 from Lakeport Elementary School for th

annual Halloween Parade to be held October 28, 2011, from 12:30

1:15 p.m.

Vote on Consent Agenda A motion was made by Council/Agency Member Mattina, seconded by

Council/Agency Member Engstrom, and carried by voice vote, with

Council/Agency Members Parmentier and Rumfelt absent, to approve the

Consent Agenda as posted.

VI. PUBLIC PRESENTATIONS/ REQUESTS:

A. Citizen Input Wilda Shock addressed the Council. She would like to give an update on t

Lake Center of Mendocino College at our next meeting.

B. Thank you Presentations Police Chief Rasmussen thanked the Nice Amateur Radio Club and the Lak

County Amateur Radio Club for their assistance with the Lake County Fair

this year and provided certificates to each club.

C. Lake County TV-8 Joyce Overton, the Mayor of the City of Clearlake and PEG Board Member

gave a presentation regarding the Lake County Television 8 PEG channel.

Joel Moore, the head of market for TV 8 also addressed the Council. Ther

was Council consensus to direct staff to bring back a resolution to support

1 percent pass-through to be paid by cable TV users to support the channe


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Minutes of the Lakeport City Council and Redevelopment Agency Meeting of 09/20/2011 Page

D. KPFZ Radio George Spurr and Steve Elias addressed the Council regarding KPFZ radio

request to hook up equipment to broadcast some of our City Council

meetings. This item will be brought back for discussion at a future meetin


A. Voluntary Alternative

Redevelopment Project Ordinance

A motion was made by Council/Agency Member Mattina, seconded by

Council/Agency Member Engstrom, and carried, with Council/Agency

Members Parmentier and Rumfelt absent, to continue the public hearing

regarding proposed Ordinance determining that the Agency will comply w

the Voluntary Alternative Redevelopment Project pursuant to Part 1.9 ofDivision 24 of the Health and Safety Code, as provided in AB1X27 to the fi

meeting in December 6, 2011, at 6:00 p.m.

VIII. LAKEPORT REDEVELOPMENT AGENCY BUSINESS:

A. Resolutions Authorizing the

Execution of a Conditional

Community Remittance Funding

Agreement

A motion was made by Council/Agency Member Engstrom, seconded by

Council/Agency Member Mattina, and carried, with Council/Agency

Members Parmentier and Rumfelt absent, to adopt resolutions authorizin

the execution of a Conditional Community Remittance Funding Agreemen

IX. COUNCIL BUSINESS:

A. City Engineer:

1. Ordinance EstablishingSpeed Limits Per Speed Zone

Survey

A motion was made by Council/Agency Member Mattina, seconded byCouncil/Agency Member Engstrom, and carried, with Council/Agency

Members Parmentier and Rumfelt absent, to introduce an ordinance

establishing speed limits and set a public hearing to consider adoption

thereof for the October 18, 2011, City Council Meeting.

2. Parking Around City Hall A motion was made by Council/Agency Member Mattina, seconded by


Members Parmentier and Rumfelt absent, to adopt the proposed Resolut

designating Two-Hour Parking Zones in the City of Lakeport.

B. Community Development Director:

1. Contract with CDS A motion was made by Council/Agency Member Engstrom, seconded by

Council/Agency Member Mattina, and carried, with Council/AgencyMembers Parmentier and Rumfelt absent, to approve Community

Development Services for the City Business Loan Program delivery and

general administration of the City Business Loan Program under HCD Gran

09-EDEF-6531 and authorize the City Manager to execute the Consultant

Agreement.

2. Abandoned Vehicle

Abatement Services Authority



Members Parmentier and Rumfelt absent, to approve a Resolution which

will allow the Citys continued participation in the Lake County Abandoned

Vehicle Abatement Service Authority.

C. City Clerk:

1. Delegate VotingLeague of

California Cities Conference



Members Parmentier and Rumfelt absent, to approve direction to the vot

delegate to support all of the resolutions, with the exception of Resolutio

No. 5.


Mayor/Chair Lyons, and carried, with Council/Agency Members Parmentie

and Rumfelt absent and Council/Agency Member Engstrom voting no, to

approve direction to the voting delegate to support Resolution No. 5.


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X. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports: The City of Lakeport, in conjunction with Mendo-Mill will be coordinating

Disaster Fair to be held October 15.

City Attorney Brookes reported that the towing of the motorhome on the

Witt property is a continuing saga on which he has been working.

City Manager Silveira reported that October 7 will be Employee Appreciat

Day. There will be a lunch at the Yacht Club. Council indicated that they

would be willing to serve the lunch.Council Member Mattina reported that the Police Department put on an

Emergency Plan seminar. The APC has dedicated the funds for the projec

on South Main Street.

Council Member Mattina suggested that we try to decorate some our emp

store fronts for the holidays.

Council Member Engstrom will be gone for three weeks and will miss both

October meetings.

Mayor Lyons reported that the Invasive Species Council did not meet

Monday. CLAS will meet Friday at 9:00 p.m.

XI. CLOSED SESSION: The meeting was adjourned to a closed session at 7:17 p.m. pursuant toGovernment Code 54956.9(b), anticipated litigation (one case).

XII. REPORT FROM CLOSED SESSION: The meeting reconvened to open session at 7:40 p.m. The Mayor reporte

that staff was given direction.

XIII. ADJOURNMENT: Mayor Lyons adjourned the meeting at 7:41 p.m.

ATTEST APPROVED

____________________________________ __________________________

JANEL M. CHAPMAN, City Clerk SUZANNE LYONS, Mayor


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MINUTESLAKEPORT CITY COUNCIL AND

LAKEPORT REDEVELOPMENT AGENCY

REGULAR MEETINGNovember 1, 2011

I. WORKSHOP: The workshop convened at 6:02 p.m. The annual Financial Report was

presented Finance Director Buffalo and reviewed by the Council.

II. CALL TO ORDER:

ROLL CALL:

Mayor/Chairperson Lyons called the regular meeting of the City Council of th

City of Lakeport and Lakeport Redevelopment Agency to order at 6:05 p.m. w

Council/Agency Members Roy Parmentier, Robert Rumfelt, and Stacey Mattin

present. Council Member Engstrom was absent.

III. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Richard Knoll.

IV. ACCEPTANCE OF AGENDA: A motion was made by Council/Agency Member Parmentier, seconded by

Council/Agency Member Mattina, and carried by voice vote, with

Council/Agency Member Engstrom absent, to accept the agenda as presente

V. 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 369

B. Warrants: Approve warrants as listed on Warrant Register dated November 1, 2011.

C. Minutes: This item was pulled for discussion.

D. Agreement with Auditor: Authorize the City Manager to sign the Professional Services Agreement with

JJACPA for independent auditing services.

E. Amendment to Chamber

Multi-Event Application:

Approve Amendment to Event #5 of the Chambers Multi-Event Application t

remove Dickens Market but retain street closures for parade and tree lighting

ceremony.

F. Holiday Decorating Contest: Authorize City participation in the annual holiday decorating contest.

Vote on Consent Agenda A motion was made by Council/Agency Member Robert Rumfelt, seconded bCouncil/Agency Member Parmentier, and carried by voice vote with Council/

Agency Member Engstrom absent, to approve the Consent Agenda with the

exception of the minutes.

A motion was made by Council/Agency Member Robert Mattina, seconded b

Council/Agency Member Parmentier, and carried by voice vote, with Council/

Agency Member Engstrom absent, to approve the minutes of October 18, 20

The minutes of September 20, 2011, will be held over to the next meeting.

VI. PUBLIC PRESENTATIONS/ REQUESTS:

A. Citizen Input Nancy Ruzicka reported that the Social Security Office is moving. She believe

the City ought to try to get a retail business in the space where they are

currently located.

B. Channel Cats Presentation Kari Braider introduced the swimmers who attended the Zone Championship

swim match. The Mayor presented certificates to Lauren Rudnick, Robin

Adams, Charlie Adams, Matteo Meriodo, and Owen Lawler.

C. Restroom Art Presentation The Mayor presented certificates to Sheila Gatton and Laura Nelson, winners

the restroom poster contest.


A. Speed Zone Ordinance A public hearing was opened at 6:19 p.m. There was no public input, and the

hearing closed at 6:20 p.m. A motion was made by Council/Agency Member

Rumfelt, seconded by Council/Agency Member Mattina, and carried by voice


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vote with Council/Agency Member Engstrom absent and Mayor Lyons voting

to adopt an ordinance repealing the current language ofLakeport Municipal

Code Chapter 10.16 and replacing it with language which reflects the current

engineering and traffic surveys performed.

B. Annexation A motion was made by Council/Agency Member Rumfelt, seconded by

Council/Agency Member Parmentier, and unanimously carried by voice vote,

with Council Member Engstrom absent, to take no action on this item at this

time and direct staff to re-notice the consideration of this project in a manne

that is consistent with the requirements of CEQA, the Public Resources Code,and Section 6061 of the Government Code.

VIII. LAKEPORT REDEVELOPMENT AGENCY BUSINESS:

A. Downtown Improvement

Project

Nancy Ruzicka and Cheri Holden addressed the Council. A motion was made

Council/Agency Member Parmentier, seconded by Council/Agency Member

Mattina, and unanimously carried by voice vote, with Council Member

Engstrom absent and Mayor/Chair Lyons voting no, to approve a reduced sco

Downtown Improvement Project (Phase 2) consistent with option #2 as set

forth in the September 20, 2011, Staff Report and direct staff to revise the

design contract with RAU and Associates, and authorize the City Manager to

execute the revised contract and proceed accordingly.

IX. COUNCIL BUSINESS:A. City Engineer:

1. Parallel Drive Water Main A motion was made by Council/Agency Member Parmentier, seconded by

Council/Agency Member Rumfelt, and carried by voice vote, with Council/

Agency Member Engstrom absent, to award the base bid and alternate two t

Preston Pipelines, Inc., of Milpitas and authorize the Mayor to sign the Notice

Award and the City Manager to sign the contract.

B. City Manager:

1. PEG Ordinance There was Council consensus to direct staff to ask Mediacom to put a notice

their billing as to the customer interest in the PEG channel.

X. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports: Police Chief Rasmussen said that the meeting with the Fire Marshal regarding

the fireworks at the Fairgrounds has not happened yet, but Brad is working o

this.

Public Works Director Grider gave a report on the projects on which his crew

working.

The next meet will start at 5:30 so that staff can do a brief workshop on

paperless agendas.

Council Member Rumfelt is concerned with traffic congestion at the on ramp

and off ramps of Highway 29 and Lakeport Boulevard. The highway is CalTra

property. Staff will do some research and bring back possible options.

An arrangement will be sent to Tom Engstroms family.

Mayor Lyons gave a report regarding the CLAS and storm water meetings.

XI. CLOSED SESSION: The closed session was cancelled.

XII. ADJOURNMENT: Mayor Lyons adjourned the meeting at 7:25 p.m.

ATTEST APPROVED

____________________________________ __________________________

JANEL M. CHAPMAN, City Clerk SUZANNE LYONS, Mayor


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Meeting Date: 11/15/2011 Page 1 Agenda Item #V.D.

CITY OF LAKEPORTCity Council

Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

STAFF REPORTRE: Building Permit Report MEETING DATE: 11/15/2011

SUBMITTED BY: Community Development Department

PURPOSE OF REPORT: Information only Discussion Action Item

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

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

SUMMARY:

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

Number of Permits 73Construction Value $771,866.60Permit Revenue $16,972.06

SUGGESTED MOTIONS:

Receive and file monthly Building Permit Report for October.

Attachments: Monthly Building Permit Report for October 2011


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Meeting Date: 11/15/2011 Page 1 Agenda Item #VII.A.



STAFF REPORTRE: Resolution No. Approving Allocation Of Supplemental Law

Enforcement Services Fund (SLESF) Expenditure Plan ForFiscal Year 2011-2012

MEETING DATE: 11/15/2011

SUBMITTED BY: Brad Rasmussen, Police Chief



The Council is being asked to consider a request from the Chief of Police to receive and allocateSupplemental Law Enforcement Services Funds (SLESF) for the current fiscal year and adopt acorresponding resolution.

BACKGROUND:

As part of the State budget package the State Legislature funded the Supplemental Law EnforcementServices Fund (SLESF) Program. This program provides additional funding for local agencies to ensurepublic safety. Lakeports allocation is normally $100,000 per fiscal year. Although we expect to get some ifnot all of this amount for the current fiscal year, the actual allocation for Lakeport has yet to be determined.

DISCUSSION:

These funds must be appropriated pursuant to a written request from the Chief of Police. The City Councilis required to hold a public hearing to consider these requests. The City Council must consider thesewritten requests separate and apart from the proposed allocations from the City General Fund.

These funds must be used for front-line municipal police services. They must supplement and not supplantexisting funding for front-line municipal police services. The statute states, in no event shall a governingbody of any of those recipient agencies subsequently alter any previous, valid appropriation by the body, forthat same fiscal year, of moneys allocated

To ensure compliance, the City is required to file a report with the State Controllers office on how thismoney is spent. The report must be filed, via a county oversight group known as the Supplemental LawEnforcement Oversight Committee (SLEOC).

This will allow the City to receive and allocate anticipated revenue in the amount of up to $100,000.

OPTIONS:

Receive the request from the Chief of Police and receive any public input. Adopt the attached resolution,which would allocate the funds to Budget Code 2010-910.000, police salaries.

FISCAL IMPACT:

None $ Account Number: 2010-910.00

Comments: Anticipated increase in funding of up to $100,000.


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Meeting Date: 11/15/2011 Page 2 Agenda Item #VII.A.

SUGGESTED MOTIONS:

Motion to adopt Resolution allocating funds from the Supplemental Law Enforcement Services Fund(SLESF) pursuant to a written request from the Chief of Police.

Attachments: Proposed Resolution


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RESOLUTION NO. ________ (2011)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORTALLOCATING FUNDS FROM THE SUPPLEMENTAL LAW

ENFORCEMENT SERVICES FUND (SLESF) PURSUANTTO A WRITTEN REQUEST FROM THE CHIEF OF POLICE

WHEREAS, the California Legislature enacted the Supplemental Law EnforcementServices Fund (SLESF) as part of the state budget package; and

WHEREAS,the City of Lakeports appropriation is $100,000 for FY 2011-2012; and

WHEREAS, the bill requires the City to allocate the funds to supplement front-linelaw enforcement services pursuant to a written request from the Chief of Police following apublic hearing; and

WHEREAS, the Chief of Police has submitted his written request and made hisreport; and

WHEREAS, the City Council held a duly noticed public hearing on November 15,2011.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City ofLakeport does hereby resolve that the funds from SLESF are allocated to budget code 2010-910.000 (police salaries).

DULY AND REGULARLY ADOPTED this 15th day of November, 2011, by thefollowing vote:

AYES:NOES:

ABSTAINING:ABSENT:

______________________________

SUZANNE LYONS, Mayor

ATTEST: APPROVED AS TO FORM:

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


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Meeting Date: 11/15/2011 Page 1 Agenda Item #VIII.A.1.



STAFF REPORTRE: Paperless Agenda Packets MEETING DATE: 11/15/2011

SUBMITTED BY: Janel Chapman, City Clerk andDaniel Buffalo, Finance Director



The Council is being asked to approve the conversion of all City Council agenda packets from a paperformat to an electronic format.

BACKGROUND:

During the 2011/2012 budget sessions, Council directed staff to look into feasibility and options forconverting its agenda packets from paper format to electronic format.

Staff has researched various options from notebook computers to tablets, such as iPads.

DISCUSSION:

The City Clerk prepares the agenda packets for Council meetings by photocopying numerous reports to beincluded in the packet for distribution. These annual estimated cost components of the current process are:

Paper, copier expense ($0.10/sheet) $1,383Staff time $1,010Estimated annual printing cost $2,393

During the past 12 months, the total pages for Council packets were 2,765 pages. When duplicated fivetimes, that number becomes 13,825 printed pages annually.

Many cities in the State are following this route due to the cost savings of staff time, materials and increasedproductivity and accessibility of the reports. This conversion from paper to electronic media is especiallytimely for the City of Lakeport due to the recent State imposed impacts to the Citys budget and staffservices levels.

The City Clerk has been researching various options and what other cities are doing. She attended a DigitalDelivery presentation in Sacramento. The research has shown that iPads are the most popular medium forreceiving electronic media and are being used in many cities and districts. The costs to implement thisdigital delivery would be:

iPad2 Tablet, refurbished, Wi-fi, 16 gig (x5) $2,245Stylus writing device (x5) $50Protective cases/stand (x5) $195PDF reader and annotation app $50Estimated total cost (with tax) $2,743


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Meeting Date: 11/15/2011 Page 2 Agenda Item #VIII.A.1.

Staff is recommending the purchase of iPads, and accompanying software and utilities (stylus,case/stand/annotation app) for use in downloading, reading, and managing their Council packets.

Staff also recommends two purchase options to be selected at the discretion of each council member.

Option 1: City Purchase.

Under this option, the City would purchase the iPad, stylus, protective case/stand, and software for eachCouncil member who elects it, which would be City property and subject any City policy regarding personaluse of equipment. Council members would be allowed to take the device home or use it anywhere they

conduct City business; however, such use would be subject to City policy on the personal use of Cityequipment.

Option 2: Individual Purchase with Financing Provided by the City.

Under this option, individual Council members would be allowed to select an iPad and accessories of theirchoosing with financing provided by the City up to by not exceeding $750. This option is designed forthose who do not feel comfortable being personally responsible for City equipment or would like to use thedevice for purposes other than Council business. For those Council members who elect purchase underthis option, staff recommends financing terms of one year repayment of up to but not exceeding $750,which can be deducted from said council member's monthly stipend. The cost to the City per iPad underthis option would be zero.

Both these options will be available to each council member and to executive staff responsible for regularlyattending council meetings.

OPTIONS:

Approve the purchase as recommended by staff or provide staff with further direction.

FISCAL IMPACT:

None $2,743 Account Number: Comments: The savings ofthe annual printing cost will pay for the cost of the iPads in a little over one year.

SUGGESTED MOTIONS:

Move to approve the purchase of iPad computers and necessary components set forth in this staff report orproviding financing should Council member wish to purchase their own iPad.

Attachments:


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Meeting Date: 11/15/2011 Page 1 Agenda Item #VIII.B.1.



STAFF REPORTRE: Proposed Modifications to ABC License for Lakeside Lanes MEETING DATE: 11/15/2011

SUBMITTED BY: Brad Rasmussen, Chief of Police



The Council is being asked to review the proposed modifications for the Alcoholic Beverage Control liquorlicense issued to the Lakeside Family Fun and Event Center, 872 Lakeport Boulevard, Lakeport.

This review is being presented to Council pursuant to Section 23803 of the Business and Professions Code(BPC) which requires the Department of Alcoholic Beverage Control (ABC) to notify local governingbodies of any petition to remove or modify conditions on an alcoholic beverage license.

Provisions of Section 23803 BPC allow the governing board (City Council) to file written objection to themodification/removal of the conditions of the current liquor license.

BACKGROUND:

Charles Richardson, the owner of Lakeside Family Fun and Event Center, requested and received an ABClicense with restrictions in December of 2010. These restrictions were requested by the Police Departmentbased on previous activity occurring at the business location under previous management. The new ownerhas made several improvements to the location and worked towards eliminating any reoccurrence of theprevious problem activity. To date, the Police Department has received a minimal call volume related to thebusiness.

DISCUSSION:

The owner of Lakeside Family Fun and Event Center, who is the ABC alcohol licensee, has met with thePolice Department to review a modification request to his ABC license. After review and discussion withCommunity Development, staff is recommending the following proposed modifications be submitted to theDepartment of Alcoholic Beverage Control related to the alcohol license for the Lakeside Family Fun andEvent Center:

Condition 1 Modification: The sale of alcoholic beverages shall be permitted between the hours of6:00 a.m. and 1:00 a.m. Monday through Sunday.

Condition 2 Modification: Remove condition.

Condition 3 Modification: Live entertainment, as defined by the City of Lakeport ordinance, and associatedwith alcohol sale, shall be permitted between the hours of 10:00 a.m. to 1:00 a.m. Live entertainmentseparate from alcohol sales and specifically for non-alcohol related activities shall be exempt from thisrestriction. Excessive noise or peace disturbance from the live entertainment is prohibited.

Condition 4 Modification: Remove condition.


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Meeting Date: 11/15/2011 Page 2 Agenda Item #VIII.B.1.

A zoning permit application to allow live entertainment in conjunction with beer and wine sales and otherspecial events has been submitted to the Community Development Department by Lakeside Family Funand Event Center. Police and Community Development staff are communicating regarding zoning permitconditions which are expected to address security concerns and provide an avenue to requiring thenecessary level of security staffing when appropriate.

OPTIONS:

1. Agree with staff recommendations and authorize the Chief of Police to send a response letter to ABC

outlining our recommendations regarding the license modification.

2. Offer objections to the modification/removal of the current liquor license conditions.

FISCAL IMPACT:

None $ Account Number: Comments:

SUGGESTED MOTIONS:

1. Move to authorize the Chief of Police to send a response letter to ABC outlining our recommendationsregarding the license modification.

Attachments: ABC NotificationCurrent ConditionsLicensee Request Letter


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Meeting Date: 11/15/2011 Page 1 Agenda Item #VIII.C.1.



STAFF REPORTRE: Revision of Warrant Register Review Process MEETING DATE: 11/15/2011

SUBMITTED BY: Daniel Buffalo, Finance Director



The City Council is being asked to implement the process of warrant (check) register ratification.

BACKGROUND:

Prior to the issue of budgeted payments for demands, it has been the practice of staff to submit the currentwarrant register to the City Council for review and approval before checks are issued. This policy wasimplemented during a period when the Council members were appointed commissioners of Citydepartments and were heavily involved with the day-to-day operations of the City. Council oversight ofexpenditures during the course of the fiscal year is both prudent fiscal policy and legally required by thestate; however, the City's movement to a manager-council form of government has made the currentprocess redundant and inefficient.

Though state law requires that a public agency's governing body review (or audit) expenditures regularly, itdoes not require the resulting demands and warrants be reviewed prior to issuance or payment. Suchpractice has become antiquated in modern public administration as local governing bodies move to ratifyappropriated warrant registers instead of pre-approving them. The intention is to improve and streamlinethe procurement process while still maintaining the highest level of accountability.

DISCUSSION:

State law does not require local governing bodies to review and approve warrants before issuance.California Government Code, section 37208, grants latitude for local governments to review warrants byratification after their issuance, providing one of following has occurred:

1. Warrants or checks drawn for payment have been certified by the City Clerk (or Finance Director) asconforming to appropriations found in the adopted budget for that given fiscal year, or

2. The local government produces an audited Comprehensive Annual Financial Report (CAFR), which isreviewed by the governing body.

The City does not currently produce a CAFR (which is a rigorous financial statement, requiring significantresources to produce); however, the City Clerk does certify each check register as conforming to budgetedappropriations after confirming the register with the Finance Director.

Presentation and review of the warrant register is an important function for a local governing body and acommunicative tool between staff and the Council; but delaying the issuance of checks pending Councilapproval has proven more of a hindrance than a useful oversight practice. Payment delays for goods


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Meeting Date: 11/15/2011 Page 2 Agenda Item #VIII.C.1.

delivered and services rendered expose the City to inherent liabilities and costssuch as late paymentpenaltiesthat are difficult to mitigate in the current system even with the best planning.

Furthermore, checks must be held until the next available Council meeting, or the Council must beconvened for a special session if a regular meeting is cancelled, delayed, or falls on a holiday. This hascreated unnecessary hardship for both staff and council members.

As the Council's appointed chief executive responsible for day-to-day operations, the City Manager reviewseach check register in detail prior to review by the Council and holds department heads accountable for

their expenditures. The City Manager, in turn, is then held accountable to the Council for all paymentsmade and checks issued. This internal review process is a primary tenet of the manager-council form ofgovernment and will remain unchanged. Additionally, the Council historically has rarely pulled the warrantregister from the regular consent agenda or denied a check issuance for payment on a demand thatconforms to budgeted appropriations.

Staff recommends that Council implement a practice of warrant register ratification, reviewing the checkregister after issuance. The register will continue to be presented to Council during each regularly scheduledmeeting, and any unappropriated expenditures will still require Council approval before payments are made.

OPTIONS:

1. Approve the process of warrant ratification.

2. Do not approve but provide direction to staff.

FISCAL IMPACT:

None $ Account Number:

SUGGESTED MOTIONS:

Move to implement a warrant ratification process and authorize the Finance Department to issue warrantswhen expenditures are appropriated and payments due and payable.

Attachments:


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Meeting Date: 11/15/2011 Page 1 Agenda Item #VIII.D.1.



STAFF REPORTRE: Conduit Financing for Sunshine Manor Apartment Project. MEETING DATE: 11/15/2011

SUBMITTED BY: Richard Knoll, Community Development Director



The City Council has been asked by Rural Communities Housing Development Corporation of Ukiah(owners of Sunshine Manor) to conduct a public hearing under the Tax and Equity Fiscal Responsibility Act(TEFRA) in connection with the proposed issuance in one or more series of revenue bonds by theCalifornia Municipal Finance Authority (CMFA), a joint exercise of powers authority and public entity ofthe State of California, in an amount not to exceed $1,300,000, (the Bond), to assist in the refinancing ofthe acquisition and rehabilitation of a multifamily rental housing facility for the Sunshine ManorApartments located at 2031 Giselman Street, City of Lakeport, California (the "Project").

The Council is also being asked to adopt a resolution to become a member of the CMFA and to approvethe financing of the Project by the CMFA.

BACKGROUND:

Rural Communities Housing Development Corporation requested that the CMFA serve as the municipal

issuer of the Bonds in an aggregate principal amount not to exceed $1,300,000 of tax-exempt revenuebonds. The proceeds of the Bonds will be used to: (1) finance the acquisition and rehabilitation of a 30-unitmultifamily senior rental housing facility located at 2031 Giselman Street in the City of Lakeport, currentlyidentified as Sunshine Manor Apartments; and (2) pay certain expenses incurred in connection with theissuance of the Bonds. The facility to be financed is to be owned by Pine Gardens 1, Inc., a Californianonprofit public benefit corporation, and the facility will be operated initially by Rural CommunitiesHousing Development Corporation or another entity selected by the Borrower. All or a portion of therental units in the facility will be rented to persons and families of low or very low income.

In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Lakeport must conducta public hearing (the TEFRA Hearing) providing for the members of the community an opportunity tospeak in favor of or against the use of tax-exempt bonds for the financing of the Project. A Notice of

Public Hearing was duly published to provide reasonable notice to the members of the community.Following the close of the TEFRA Hearing, an applicable elected representative of the governmental unithosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.

DISCUSSION:

The CMFA was created on January 1, 2004, pursuant to a joint exercise of powers agreement to promoteeconomic, cultural and community development, through the financing of economic development andcharitable activities throughout California. To date, over 100 municipalities have become members ofCMFA. The CMFA was formed to assist local governments, non-profit organizations and businesses with


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the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. TheCMFAs representatives and its Board of Directors have considerable experience in bond financings.

In order for the CMFA to have the authority to serve as the issuer of the bonds for the Project, it isnecessary for the City of Lakeport to become a member of the CMFA. Attached to this report is a copy ofthe Joint Exercise of Powers Agreement to be executed by a designated signatory of the City. The JointExercise of Powers Agreement provides that the CMFA is a public entity, separate and apart from eachmember executing such agreement. The debts, liabilities and obligations of the CMFA do not constitutedebts, liabilities or obligations of the members executing such agreement.

The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and theCity will have no financial, legal, moral obligation, liability or responsibility for the Project or the repaymentof the Bonds for the financing of the Project. All financing documents with respect to the issuance of theBonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California,but are to be paid for solely from funds provided by the Borrower.

There are no costs associated with membership in the CMFA and the City will in no way become exposedto any financial liability by reason of its membership in the CMFA. In addition, participation by the City inthe CMFA will not impact the Citys appropriations limits and will not constitute any type of indebtednessby the City. Outside of holding the TEFRA hearing, adopting the required resolution and executing theJoint Exercise of Powers Agreement of the CMFA, no other participation or activity of the City or the City

Council with respect to the issuance of the Bonds will be required.The Joint Exercise of Powers Agreement expressly provides that any member may withdraw from suchagreement upon written notice to the Board of Directors of the CMFA. In the case of the proposed bondfinancing for the Borrower, the City following its execution of the Joint Exercise of Powers Agreement,could, at any time following the issuance of the Bonds, withdraw from the CMFA by providing writtennotice to the Board of Directors of the CMFA.

RECOMMENDATIONS:

1) Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986,as amended (the Code).

2) Adopt the resolution approving the issuance of the Bonds by the CMFA for the benefit of PineGardens 1, a California nonprofit public benefit corporation (the Borrower), to provide for thefinancing of the Project, such adoption is solely for the purposes of satisfying the requirements ofTEFRA, the Code and the California Government Code Section 6500 (and following). The resolutionwill also authorize the Mayor, City Manager or designee thereof to execute the Joint Exercise of PowersAgreement with the CMFA.

OPTIONS:

In order to support affordable housing, staff recommends that the City conduct the TEFRA Hearing,execute the Joint Exercise of Powers Agreement of the CMFA, and adopt the resolution in favor of theissuance of the Bonds by the CMFA.

FISCAL IMPACT:

None $ Account Number: Comments: The Board ofDirectors of the California Foundation for Stronger Communities, a California non-profit public benefitcorporation (the Foundation), acts as the Board of Directors for the CMFA. Through its conduitissuance activities, the CMFA shares a portion of the issuance fees it receives with its member communitiesand donates a portion of these issuance fees to the Foundation for the support of local charities. Withrespect to the City of Lakeport, it is expected that 25 percent of the issuance fee will be granted by theCMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City. TheBorrower will be the beneficiary of the CMFAs charitable donation through a 25 percent reduction inissuance fees.


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SUGGESTED MOTIONS:

Move to adopt a resolution approving a Joint Exercise of Powers Agreement relating to the CaliforniaMunicipal Finance Authority (CMFA), and approving the issuance of multifamily housing revenue bonds bythe Authority for the purpose of financing the acquisition and rehabilitation of a multifamily rental housingfacility known as Sunshine Manor Apartments and authorize the City Manager to execute the Joint Exerciseof Powers Agreement of the CMFA.

Attachments: Joint Exercise of Powers AgreementProposed Resolution


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JOINT EXERCISE OF POWERS AGREEMENT

RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY

THIS AGREEMENT, dated as of January 1, 2004, among the parties executing thisAgreement (all such parties, except those which have withdrawn as provided herein, are referredto as the Members and those parties initially executing this Agreement are referred to as the

Initial Members):

WITNESSETH

WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California GovernmentCode (in effect as of the date hereof and as the same may from time to time be amended orsupplemented, the Joint Exercise of Powers Act), two or more public agencies may by

agreement jointly exercise any power common to the contracting parties; and

WHEREAS, each of the Members is a public agency as that term is defined in Section

6500 of the Joint Exercise of Powers Act; and

WHEREAS, each of the Members is empowered by law to promote economic, culturaland community development, including, without limitation, the promotion of opportunities forthe creation or retention of employment, the stimulation of economic activity, the increase of thetax base, and the promotion of opportunities for education, cultural improvement and publichealth, safety and general welfare; and

WHEREAS, each of the Members may accomplish the purposes and objectives describedin the preceding preamble by various means, including through making grants, loans orproviding other financial assistance to governmental and nonprofit organizations; and

WHEREAS, each Member is also empowered by law to acquire and dispose of realproperty for a public purpose; and

WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a jointexercise of powers entity with the authority to exercise any powers common to the Members, asspecified in this Agreement and to exercise the additional powers granted to it in the JointExercise of Powers Act and any other applicable provisions of the laws of the State of California;and

WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act isempowered to issue or execute bonds, notes, commercial paper or any other evidences ofindebtedness, including leases or installment sale agreements or certificates of participationtherein (herein Bonds), and to otherwise undertake financing programs under the Joint

Exercise of Powers Act or other applicable provisions of the laws of the State of California toaccomplish its public purposes; and


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WHEREAS, the Members have determined to specifically authorize a public entityauthorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the JointExercise of Powers Act or other applicable provisions of the laws of the State of California; and

WHEREAS, it is the desire of the Members to use a public entity established pursuant to

the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects of anynature, including, but not limited to, capital or working capital projects, insurance, liability orretirement programs or facilitating Members use of existing or new financial instruments andmechanisms; and

WHEREAS, it is further the intention of the Members that the projects undertaken willresult in significant public benefits to the inhabitants of the jurisdictions of the Members; and

WHEREAS, by this Agreement, each Member desires to create and establish theCalifornia Municipal Finance Authority for the purposes set forth herein and to exercise the

powers provided herein;

NOW, THEREFORE, the Members, for and in consideration of the mutual promises andagreements herein contained, do agree as follows:

Section 1. Purpose.This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act.

The purpose of this Agreement is to establish a public entity for the joint exercise of powerscommon to the Members and for the exercise of additional powers given to a joint powers entityunder the Joint Powers Act or any other applicable law, including, but not limited to, theissuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Actor any other applicable law. Such purpose will be accomplished and said power exercised in themanner hereinafter set forth.

Section 2. Term.This Agreement shall become effective in accordance with Section 17 as of the date

hereof and shall continue in full force and effect until such time as it is terminated in writing byall the Members; provided, however, that this Agreement shall not terminate or be terminateduntil all Bonds issued or caused to be issued by the Authority (defined below) shall no longer beoutstanding under the terms of the indenture, trust agreement or other instrument pursuant towhich such Bonds are issued, or unless a successor to the Authority assumes all of theAuthoritys debts, liabilities and obligastions.

Section 3. Authority.A. CREATION AND POWERS OF AUTHORITY.

Pursuant to the Joint Exercise of Powers Act, there is hereby created a publicentity to be known as the California Municipal Finance Authority (the Authority),

and said Authority shall be a public entity separate and apart from the Members. Its


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debts, liabilities and obligations do not constitute debts, liabilities or obligations of anyMembers.

B. BOARD.The Authority shall be administered by the Board of Directors (the Board, or

the Directors and each a Director) of the California Foundation for Stronger

Communities, a nonprofit public benefit corporation organized under the laws of theState of California (the Foundation), with each such Director serving in his or herindividual capacity as a Director of the Board. The Board shall be the administeringagency of this Agreement and, as such, shall be vested with the powers set forth herein,and shall administer this Agreement in accordance with the purposes and functionsprovided herein. The number of Directors, the appointment of Directors, alternates andsuccessors, their respective terms of office, and all other provisions relating to thequalification and office of the Directors shall be as provided in the Articles and Bylawsof the Foundation, or by resolution of the Board adopted in accordance with the Bylawsof the Foundation.

All references in this Agreement to any Director shall be deemed to refer to andinclude the applicable alternate Director, if any, when so acting in place of a regularlyappointed Director.

Directors may receive reasonable compensation for serving as such, and shall beentitled to reimbursement for any expenses actually incurred in connection with servingas a Director, if the Board shall determine that such expenses shall be reimbursed andthere are unencumbered funds available for such purpose.

The Foundation may be removed as administering agent hereunder and replacedat any time by amendment of this Agreement approved as provided in Section 16;provided that a successor administering agent of this Agreement has been appointed andaccepted its duties and responsibilities under this Agreement.

C. OFFICERS; DUTIES; OFFICIAL BONDS.The officers of the Authority shall be the Chair, Vice-Chair, Secretary and

Treasurer (defined below). The Board, in its capacity as administering agent of thisAgreement, shall elect a Chair, a Vice-Chair, and a Secretary of the Authority fromamong Directors to serve until such officer is re-elected or a successor to such office iselected by the Board. The Board shall appoint one or more of its officers or employees to

serve as treasurer, auditor, and controller of the Authority (the Treasurer) pursuant toSection 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re-electedor a successor to such office is elected by the Board.

Subject to the applicable provisions of any resolution, indenture, trust agreementor other instrument or proceeding authorizing or securing Bonds (each such resolution,indenture, trust agreement, instrument and proceeding being herein referred to as anIndenture) providing for a trustee or other fiscal agent, and except as may otherwise be


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specified by resolution of the Board, the Treasurer is designated as the depositary of theAuthority to have custody of all money of the Authority, from whatever source derivedand shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5and 6509.5 of the Joint Exercise of Powers Act.

The Treasurer of the Authority is designated as the public officer or person whohas charge of, handles, or has access to any property of the Authority, and such officershall file an official bond with the Secretary of the Authority in the amount specified byresolution of the Board but in no event less than $1,000.

The Board shall have the power to appoint such other officers and employees as itmay deem necessary and to retain independent counsel, consultants and accountants.

The Board shall have the power, by resolution, to the extent permitted by the JointExercise of Power Act or any other applicable law, to delegate any of its functions to oneor more of the Directors or officers, employees or agents of the Authority and to cause

any of said Directors, officers, employees or agents to take any actions and execute anydocuments or instruments for and in the name and on behalf of the Board or theAuthority.

D. MEETINGS OF THE BOARD.(1) Ralph M. Brown Act.

All meetings of the Board, including, without limitation, regular,adjourned regular, special, and adjourned special meetings shall be called,noticed, held and conducted in accordance with the provisions of theRalph M. Brown Act (commencing with Section 54950 of theGovernment Code of the State of California), or any successor legislationhereinafter enacted (the Brown Act).

(2) Regular Meetings.The Board shall provide for its regular meetings; provided,

however, it shall hold at least one regular meeting each year. The date,hour and place of the holding of the regular meetings shall be fixed byresolution of the Board. To the extent permitted by the Brown Act, suchmeetings may be held by telephone conference.

(3) Special Meetings.Special meetings of the Board may be called in accordance with

the provisions of Section 54956 of the Government Code of the State ofCalifornia. To the extent permitted by the Brown Act, such meetings maybe held by telephone conference.


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(4) Minutes.The Secretary of the Authority shall cause to be kept minutes of

the regular, adjourned regular, special, and adjourned special meetings ofthe Board and shall, as soon as possible after each meeting, cause a copy

of the minutes to be forwarded to each Director.

(5) Quorum.A majority of the Board shall constitute a quorum for the

transaction of business. No action may be taken by the Board except uponthe affirmative vote of a majority of the Directors constituting a quorum,except that less than a quorum may adjourn a meeting to another time andplace.

E. RULES AND REGULATIONS.The Authority may adopt, from time to time, by resolution of the Board such rules

and regulations for the conduct of its meetings and affairs as may be required.

Section 4. Powers.The Authority shall have the power, in its own name, to exercise the common powers of

the Members and to exercise all additional powers given to a joint powers entity under any of thelaws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, forany purpose authorized under this Agreement. Such powers shall include the common powersspecified in this Agreement and may be exercised in the manner and according to the methodprovided in this Agreement. The Authority is hereby authorized to do all acts necessary for the

exercise of such power, including, but not limited to, any of all of the following: to make andenter into contracts; to employ agents and employees; to acquire, construct, provide formaintenance and operation of, or maintain and operate, any buildings, works or improvements;to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations;to receive gifts, contributions and donations of property, funds, services, and other forms ofassistance from person, firms, corporations and any governmental entity; to sue and be sued in itsown name; to make grants, loans or provide other financial assistance to governmental andnonprofit organizations (e.g., the Members or the Foundation) to accomplish any of its purposes;and generally to do any and all things necessary or convenient to accomplish its purposes.

Without limiting the generality of the foregoing, the Authority may issue or cause to be

issued Bonds, and pledge any property or revenues as security to the extent permitted under theJoint Exercise of Powers Act, or any other applicable provision of law; provided, however, theAuthority shall not issue Bonds with respect to any project located in the jurisdiction of one ormore Members unless the governing body of any such Member, or its duly authorizedrepresentative, shall approve, conditionally or unconditionally, the project, including the issuanceof Bonds therefor. Such approval may be evidenced by resolution, certificate, order, report orsuch other means of written approval of such project as may be selected by the Member (or itsauthorized representative) whose approval is required. No such approval shall be required in


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connection with Bonds that refund Bonds previously issued by the Authority and approved bythe governing board of a Member.

The manner in which the Authority shall exercise its powers and perform its duties is andshall be subject to the restrictions upon the manner in which a California general law city could

exercise such powers and perform such duties. The manner in which the Authority shall exerciseits powers and perform its duties shall not be subject to any restrictions applicable to the mannerin which any other public agency could exercise such powers or perform such duties, whethersuch agency is a party to this Agreement or not.

Section 5. Fiscal Year.For the purposes of this Agreement, the term Fiscal Year shall mean the fiscal year as

established from time to time by resolution of the Board, being, at the date of this Agreement, theperiod from July 1 to and including the following June 30, except for the first Fiscal Year whichshall be the period from the date of this Agreement to June 30, 2004.

Section 6. Disposition of Assets.At the end of the term hereof or upon the earlier termination of this Agreement as set

forth in Section 2, after payment of all expenses and liabilities of the Authority, all property ofthe Authority both real and personal shall automatically vest in the Members in the manner andamount determined by the Board in its sole discretion and shall thereafter remain the soleproperty of the Members; provided, however, that any surplus money on hand shall be returnedin proportion to the contributions made by the Members.

Section 7. Bonds.From time to time the Authority shall issue Bonds, in one or more series, for the purpose

of exercising its powers and raising the funds necessary to carry out its purposes under thisAgreement.

The services of bond counsel, financing consultants and other consultants and advisorsworking on the projects and/or their financing shall be used by the Authority. The expenses ofthe Board shall be paid from the proceeds of the Bonds or any other unencumbered funds of theAuthority available for such purpose.

Section 8. Bonds Only Limited and Special Obligations of Authority.The Bonds, together with the interest and premium, if any, thereon, shall not be deemed

to constitute a debt of any Member or pledge of the faith and credit of the Members or theAuthority. The Bonds shall be only special obligations of the Authority, and the Authority shallunder no circumstances be obligated to pay the Bonds except from revenues and other fundspledged therefor. Neither the Members nor the Authority shall be obligated to pay the principalof, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from therevenues and funds pledged therefor, and neither the faith and credit nor the taxing power of theMembers nor the faith and credit of the Authority shall be pledged to the payment of the


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principal of, premium, if any, or interest on the Bonds nor shall the Members or the Authority inany manner be obligated to make any appropriation for such payment.

No covenant or agreement contained in any Bond or related document shall be deemed tobe a covenant or agreement of any Director, or any officer, employee or agent of the Authority in

his or her individual capacity and neither the Board of the Authority nor any Director or officerthereof executing the Bonds shall be liable personally on any Bond or be subject to any personalliability or accountability by reason of the issuance of any Bonds.

Section 9. Accounts and Reports.All funds of the Authority shall be strictly accounted for. The Authority shall establish

and maintain such funds and accounts as may be required by good accounting practice and byany provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds).The books and records of the Authority shall be open to inspection at all reasonable times byeach Member.

The Treasurer of the Authority shall cause an independent audit to be made of the booksof accounts and financial records of the Authority by a certified public accountant or publicaccountant in compliance with the provisions of Section 6505 of the Joint Exercise of PowersAct. In each case the minimum requirements of the audit shall be those prescribed by the StateController for special districts under Section 26909 of the Government Code of the State ofCalifornia and shall conform to generally accepted auditing standards. When such an audit ofaccounts and records is made by a certified public accountant or public accountant, a reportthereof shall be filed as a public record with each Member and also with the county auditor ofeach county in which a Member is located; provided, however, that to the extent permitted bylaw, the Authority may, instead of filing such report with each Member and such county auditor,elect to post such report as a public record electronically on a website designated by theAuthority. Such report if made shall be filed within 12 months of the end of the Fiscal Year orYears under examination.

The Treasurer is hereby directed to report in writing on the first day of July, October,January, and April of each year to the Board and the Members which report shall describe theamount of money held by the Treasurer for the Authority, the amount of receipts since the lastsuch report, and the amount paid out since the last such report (which may exclude amounts heldby a trustee or other fiduciary in connection with any Bonds to the extent that such trustee orother fiduciary provided regular reports covering such amounts.)

Any costs of the audit, including contracts with, or employment of, certified public

accountants or public accountants in making an audit pursuant to this Section, shall be borne bythe Authority and shall be a charge against any unencumbered funds of the Authority availablefor that purpose.

In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace theannual special audit with an audit covering a two-year period.


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Section 10. Funds.Subject to the applicable provisions of any Indenture, which may provide for a trustee or

other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of theAuthority shall receive, have the custody of and disburse Authority funds pursuant to theaccounting procedures developed under Sections 3.C and 9, and shall make the disbursementsrequired by this Agreement or otherwise necessary to carry out any of the provisions of purposesof this Agreement.

Section 11. Notices.Notices and other communications hereunder to the Members shall be sufficient if

delivered to the clerk of the governing body of each Member; provided, however, that to theextent permitted by law, the Authority may, provide notices and other communications andpostings electronically (including, without limitation, through email or by posting to a website).

Section 12. Additional Members/Withdrawal of Members.Qualifying public agencies may be added as parties to this Agreement and become

Members upon: (1) the filing by such public agency with the Authority of an executedcounterpart of this Agreement, together with a copy of the resolution of the governing body ofsuch public agency approving this Agreement and the execution and delivery hereof; and (2)adoption of a resolution of the Board approving the addition of such public agency as a Member.Upon satisfaction of such conditions, the Board shall file such executed counterpart of thisAgreement as an amendment hereto, effective upon such filing.

A Member may withdraw from this Agreement upon written notice to the Board;provided, however, that no such withdrawal shall result in the dissolution of the Authority so

long as any Bonds remain outstanding. Any such withdrawal shall be effective only upon receiptof the notice of withdrawal by the Board which shall acknowledge receipt of such notice ofwithdrawal in writing and shall file such notice as an amendment to this Agreement effectiveupon such filing.

Section 13. Indemnification.To the full extent permitted by law, the Board may authorize indemnification by the

Authority of any person who is or was a Director or an officer, employee of other agent of theAuthority, and who was or is a party or is threatened to be made a party to a proceeding byreason of the fact that such person is or was such a Director or an officer, employee or other

agent of the Authority, against expenses, including attorneys fees, judgments, fines, settlementsand other amounts actually and reasonably incurred in connection with such proceeding, if suchperson acted in good faith in a manner such person reasonably believed to be in the best interestsof the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe theconduct of such person was unlawful and, in the case of an action by or in the right of theAuthority, acted with such care, including reasonable inquiry, as an ordinarily prudent person ina like position would use under similar circumstances.


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Section 14. Contributions and Advances.Contributions or advances of public funds and of the use of personnel, equipment or

property may be made to the Authority by the Members for any of the purposes of thisAgreement. Payment of public funds may be made to defray the cost of any such contribution oradvance. Any such advance may be made subject to repayment, and in such case shall be repaid,in the manner agreed upon by the Authority and the Member making such advance at the time ofsuch advance. It is mutually understood and agreed to that no Member has any obligation tomake advances or contributions to the Authority to provide for the costs and expenses ofadministration of the Authority, even though any Member may do so. The Members understandand agree that a portion of the funds of the Authority that otherwise may be allocated ordistributed to the Members may instead be used to make grants, loans or provide other financialassistance to governmental units and nonprofit organizations (e.g., the Foundation) toaccomplish any of the governmental units or nonprofit organization's purposes.

Section 15. Immunities.All of the privileges and immunities from liabilities, exemptions from laws, ordinances

and rules, and other benefits which apply to the activity of officers, agents or employees ofMembers when performing their respective functions within the territorial limits of theirrespective public agencies, shall apply to the same degree and extent to the Directors, officers,employees, agents or other representatives of the Authority while engaged in the performance ofany of their functions or duties under the provisions of this Agreement.

Section 16. Amendments.Except as provided in Section 12 above, this Agreement shall not be amended, modified,

or altered, unless the negative consent of each of the Members is obtained. To obtain the

negative consent of each of the Members, the following negative consent procedure shall befollowed: (a) the Authority shall provide each Member with a notice at least sixty (60) daysprior to the date such proposed amendment is to become effective explaining the nature of suchproposed amendment and this negative consent procedure; (b) the Authority shall provide eachMember who did not respond a reminder notice with a notice at least thirty (30) days prior to thedate such proposed amendment is to become effective; and (c) if no Member objects to theproposed amendment in writing within sixty (60) days after the initial notice, the proposedamendment shall become effective with respect to all Members.

Section 17. Effectiveness.This Agreement shall become effective and be in full force and effect and a legal, valid

and binding obligation of each of the Members on the date that the Board shall have receivedfrom two of the Initial Members an executed counterpart of this Agreement, together with acertified copy of a resolution of the governing body of each such Initial Member approving thisAgreement and the execution and delivery hereof.


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Section 18. Partial Invalidity.If any one or more of the terms, provisions, promises, covenants or conditions of this

Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for anyreason whatsoever by a court of competent jurisdiction, each and all of the remaining terms,provisions, promises, covenants and conditions of this Agreement shall not be affected thereby,and shall be valid and enforceable to the fullest extent permitted by law.

Section 19. Successors.This Agreement shall be binding upon and shall inure to the benefit of the successors of

the parties hereto. Except to the extent expressly provided herein, no Member may assign anyright or obligation hereunder without the consent of the other Members.

Section 20. Miscellaneous.This Agreement may be executed in several counterparts, each of which shall be an

original and all of which shall constitute but one and the same instrument.

The section headings herein are for convenience only and are not to be construed asmodifying or governing the language in the section referred to.

Wherever in this Agreement any consent or approval is required, the same shall not beunreasonably withheld.

This Agreement shall be governed under the laws of the State of California.

This Agreement is the complete and exclusive statement of the agreement among the

Members, which supercedes and merges all prior proposals, understandings, and otheragreements, whether oral, written, or implied in conduct, between and among the Membersrelating to the subject matter of this Agreement.


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IN WITNESS WHEREOF, the City of Lakeport has caused this Agreement to beexecuted and attested by its duly authorized representatives as of the ___ day of _____________,2011.

Member:

CITY OF LAKEPORT

ByName:Title:

ATTEST:

ByName:Title:


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RESOLUTION NO. ______ (2011)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORTAPPROVING A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO

THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY, AND APPROVING

THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS BY THEAUTHORITY FOR THE PURPOSE OF FINANCING THE ACQUISITIONAND REHABILITATION OF A MULTIFAMILY RENTAL HOUSING

FACILITY KNOWN AS SUNSHINE MANOR APARTMENTS

WHEREAS, pursuant Chapter 5 of Division 7 of Title 1 of the Government Code of theState of California (the Act), certain public agencies (the Members) have entered into a JointExercise of Powers Agreement, effective on January 1, 2004 (the Agreement) in order to form theCalifornia Municipal Finance Authority (the Authority), for the purpose of promoting economic,cultural and community development, and in order to exercise any powers common to theMembers, including the issuance of bonds, notes or other evidences of indebtedness; and

WHEREAS, the Authority is authorized to issue and sell revenue bonds for the purpose,among others, of financing or refinancing the acquisition and rehabilitation of multifamily rentalhousing projects; and

WHEREAS, Pine Gardens 1, Inc., a California nonprofit public benefit corporation (theBorrower), an affiliate of Rural Communities Housing Development Corporation (RCHDC),has requested that the Authority issue debt obligations one or more series (which may be in theform of a loan evidenced by a note or revenue bonds, and referred to in this Resolution as theBonds) in an aggregate principal amount not to exceed $1,300,000, and lend the proceeds of theBonds to the Borrower for the purpose of financing the costs of the acquisition and rehabilitation

by the Borrower of a 30 unit multifamily senior rental housing facility located at 2031 GiselmanStreet in the City of Lakeport, California (the City), currently identified as Sunshine ManorApartments (the Project), to be owned by the Borrower and to be operated initially by RCHDC;and

WHEREAS, in order for the Authority to have the legal authority to issue the Bonds, it isnecessary for the City to become a Member of the Authority, and the City Council of the City hasdetermined that it is in the public interest and for the public benefit that the City become a Memberof the Authority in order to facilitate the financing of the acquisition and rehabilitation of theProject; and

WHEREAS, the Agreement has been filed with the City Clerk, and the City Council, withthe assistance of City staff, has reviewed the Agreement; and

WHEREAS, in order for the interest on the Bonds to be tax-exempt, Section 147(f) of theInternal Revenue Code of 1986, as amended (the Code) requires that the applicable electedrepresentative with respect to the Project approve the issuance of the Bonds by the Authorityfollowing the conduct of a public hearing regarding the issuance of the Bonds and the financing ofthe Project; and


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Resolution No. ______ (2011) Page 2

WHEREAS, the City Council of the City is the elected legislative body of the City and is anapplicable elected representative with respect to the approval of the issuance of the Bonds underSection 147(f) of the Code because the Project is located in the City; and

WHEREAS, the Authority has requested that the City Council approve the issuance of the

Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of theCode and the requirements of Section 4 of the Agreement; and

WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following noticeduly given, held a public hearing regarding the issuance of the Bonds and the financing of theProject at which all those interested in speaking with respect to the financing of the Project and theAuthoritys issuance of the Bonds therefore were heard, and nowdesires to approve the issuance ofthe Bonds by the Authority.

NOW THEREFORE, BE IT RESOLVED THAT:

SECTION 1. The Agreement is hereby approved and the City Manager or designee thereof

is hereby authorized and directed to execute the Agreement, and the City Clerk is hereby authorizedand directed to attest thereto.

SECTION 2. The City Council hereby approves the issuance of the Bonds by theAuthority for the purpose of providing funds to make a loan to the Borrower to enable theBorrower to finance costs of the Project. It is the purpose and intent of the City Council that thisResolution constitute approval of the issuance of the Bonds by the Authority for the purposes of (a)Section 147(f) of the Code, by the applicable elected representative of the governmental unit havingjurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and(b) Section 4 of the Agreement.

SECTION 3. The issuance of the Bonds shall be subject to approval of the Authority of allfinancing documents relating thereto to which the Authority is a party. The City shall have noresponsibility or liability whatsoever with respect to repayment or administration of the Bonds.

SECTION 4. The adoption of this Resolution shall not obligate the City or any departmentthereof to (i) provide any financing to acquire or rehabilitate the Project; (ii) approve any applicationor request for or take any other action in connection with any planning approval, permit or otheraction necessary for the acquisition, rehabilitation or operation of the Project; (iii) make anycontribution or advance any funds whatsoever to the Authority; or (iv) take any further action withrespect to the Authority or its membership therein.

SECTION 5. The City Manager, City Clerk and all other officers and officials of the Cityare hereby authorized and directed to do any and all things and to execute and deliver any and allagreements, documents and certificates which they deem necessary or advisable in order to carryout, give effect to and comply with the terms and intent of this Resolution and the financingtransaction approved hereby.

SECTION 6. The City Clerk is hereby directed to forward a certified copy of thisResolution and an originally executed signature page of the City to the Agreement to the Authorityin care of its counsel, addressed as follows:


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Resolution No. ______ (2011) Page 3

Andra Caruso TownsendSquire, Sanders & Dempsey LLP555 South Flower Street, Suite 3100Los Angeles, CA 90071-2300

SECTION 7. The City Clerk is hereby directed to forward a certified copy of thisResolution to the bond counsel for the Bonds, addressed as follows:

Paul J. Thimmig, Esq.Quint & Thimmig LLP575 Market Street, Suite 3600San Francisco, CA 94105-2874

SECTION 8. This Resolution shall take effect from and after the date of its passage andadoption.

This resolution was adopted by the City Council of the City of Lakeport at a regular meetingthereof on the 15th day of November, 2011, by the following vote:

AYES:

NOES:ABSENT:

ABSTAINING:

SUZANNE LYONS, Mayor

ATTEST: APPROVED AS TO FORM:

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


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Meeting Date: 11/15/2011 Page 1 Agenda Item #VIII.E.1.



STAFF REPORTRE: Approve a Reduction of Certain Financial Liabilities and

Budget AmendmentMEETING DATE: 11/15/2011

SUBMITTED BY: Kelly Buendia, Administrative Services Director



The City Council is being asked to approve the reduction of financial liabilities through payment of "oldbank" compensation time (CTO) and vacation time still on the balance sheet and approve a budgetamendment to do so.

BACKGROUND:

The City's Finance and Human Resources Departments have partnered in seeking ways to reduce mediumand long-term liabilities from the City's balance sheet. One such liability is compensated absences, accruedvacation, and compensation time earned in lieu of overtime pay (CTO).

As of June 30, 2011, the City's liability related to compensated absences was reported to be $383,860.Typically, this liability is liquidated for each employee as they need time off for vacation, personal, ormedical reasons. In addition, employees are entitled to a cash settlement of a portion of their sick, all of

their vacation leave

111511 lakeport city council agenda and packet

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