AGENDA

REGULAR JOINT MEETING OF THE LAKEPORT CITY COUNCIL

Tuesday, January 7, 2014 City Council Chambers, 225 Park Street, Lakeport, California 95453

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

REPORT OUT OF CLOSED SESSION: I. II. III. CALL TO ORDER & ROLL CALL: PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA: Urgency Items: Move to accept agenda as posted, or move to add or delete items. To add item, Council is required to make a majority decision that an urgency exists (as defined in the Brown Act) and a 2/3rds determination that the need to take action arose subsequent to the Agenda being posted.
The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council 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 Consent Calendar portion of this agenda.

6:00 p.m.

IV.

CONSENT AGENDA:

A. B. C. D. E. V.

Ordinances: Minutes: Warrants: Adams Ashby LLC Contract: Community Development Services Contract: Citizen Input:

Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934. Approve minutes of the regular City Council meeting of December 17, 2013. Approve warrants as listed on Warrant Registers dated December 12, 2013 and December 18, 2013. Approve Professional Services agreement with Adams Ashby Group LLC, for USDA loan and grant administration. Approve an agreement for Professional Services with Community Development Services (CDS).
Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the subject is not already on tonights agenda. Persons wishing to address the City Council are required to complete a 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 cannot take action or express a consensus of approval or disapproval on any public comments regarding matters which do not appear on the printed agenda.

PUBLIC PRESENTATIONS/REQUESTS: A.

VI.

COUNCIL BUSINESS: A. City Clerk 1. Appointments of Liaisons to Commissions, Boards & Committees Appoint Council members to various commissions, boards, and committees, and adopt a resolution 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. Receive update on Community Outreach efforts via social media channels. Adopt a resolution authorizing the application for a Housing Related Parks Grant.

B. C. VII.

Planning Services Manager 1. Social Media Update City Manager 1. Housing Related Parks Grant:

CITY COUNCIL COMMUNICATIONS:

Lakeport City Council Agenda of January 07, 2014

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A. VIII.

Miscellaneous Reports, if any: Adjourn

ADJOURNMENT:

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 at 225 Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeports website, www.cityoflakeport.com, subject to staffs ability to post the documents before the meeting.

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

_______________________________________ Hilary Britton, Acting Deputy City Clerk

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL AND THE BOARD OF DIRECTORS OF THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT
Tuesday, December 17, 2013 City Council Chambers, 225 Park Street, Lakeport, California 95453
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.

MINUTES

CLOSED SESSION:

Mayor Engstrom opened the meeting at 5:30. Mayor Engstrom adjourned to closed 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 and Spillman present Mayor Engstrom advised there was no reportable action taken on the Closed Session item. The Pledge of Allegiance was led by Betsy Cawn. A motion was made by Council member Spillman, seconded by Council member Scheel, and unanimously carried by voice vote to combine all items on both Consent Agendas and consider them as one Consent Agenda. There were no Urgency Items.

REPORT OUT OF CLOSED SESSION: II. III. PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA: Urgency Items: IV. CONSENT AGENDA: A. B. C. D. E. Ordinances: Minutes: Warrants: Application 2014-001 Maddy Act Report Vote on Consent Agenda: V. CITY COUNCIL REORGANIZATION: A. City Clerk 1. Appointment of Mayor and Mayor Pro Tem

Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934. Approve minutes of the regular City Council meeting of November 19, 2013. Approve warrants as listed on Warrant Registers dated November 14, 2013, November 20, 2013 and December 4, 2013. Approve Application 2014-001 for the NorCal Air Cooled Groups 2014 Lakeport Camp and Shine VW Car Show to be held June 14, 2014. Receive and file report from City Clerk in conformance with the California Maddy Act. A motion was made by Council member Scheel, seconded by Council member Mattina, and unanimously carried by voice vote to approve the consent calendar items A-E, as presented.

The meeting was turned over to Acting City Clerk Buendia to conduct the annual election of Mayor and Mayor Pro Tem. Council member Spillman nominated Council member Parlet for Mayor. There were no further nominations. Council Member Parlet was appointed as Mayor with the following Aye votes: Council Members Spillman, Engstrom, Mattina, and Scheel. Council member Spillman nominated Council member Scheel for Mayor Pro Tem. 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:

City Council Agenda of December 17, 2013

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A.

Citizen Input:

B.

Presentation of Awards for Holiday Decorating Contest

VIII.

COUNCIL BUSINESS: A. City Clerk 1. Appointment to Vector Control District Board of Trustees

Mike Ananos, on behalf of the Del Lago Homeowners Association addressed the 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 with homeowners for an acceptable solution to the permitting problem. Mayor Parlet advised that no action could be taken at this time, but that the item could come back as an agenda item. Barbara Breunig of the Lakeport Main Street Association presented the awards for the 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 (First Place), Matthew Harrell (Second Place), The Hansens (Third Place).

2.

Appointments to the Lakeport Economic Development Advisory Committee (LEDAC)

3.

Appointments to the Parks and Recreation Commission

B.

City Engineer 1. Award of USDA Water Storage Tank Repair & Recoating Project

Applicants George Spurr and Randall Williams spoke in support of their applications for appointment to the Board of Directors of the Lake County Vector Control Board. Mayor Parlet requested that the appointee be willing to make quarterly reports on the Districts activities to the Council. Council member Spillman nominated George Spurr, seconded by Council member Mattina. Council member Scheel nominated Randall Williams, there was no second. A motion was made by Council member Spillman, seconded by Council member 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. Applicants Paula Pepper-Duggan, Christine Hutt, and Taira St. John addressed the 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 member Scheel, and unanimously carried by voice vote to appoint all four applicants to the Lakeport Economic Development Committee effective January 1, 2014 and expiring at the end of 2015. Applicant Suzanne Russell addressed the Council in support of her application for appointment to the Parks and Recreation Commission. Applicants Ann Blue and Cindy Ustrud were not present. A motion was made by Council member Engstrom, seconded by Council member Mattina, and unanimously carried by voice vote to appoint all three applicants to the Parks and Recreation Committee effective January 1, 2014 and expiring at the end of 2015. 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 Council member Mattina to authorize the City Manager to execute a contract with Farr Construction for the completion of the USDA Storage Tank Repair & Recoating Project. 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 regulations. A motion was made by Council member Mattina, seconded by Council member 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 (Voluntary Compliance).

C.

Planning Services Manager 1. Enforcement of Time Limit for Temporary Signs

City Council Agenda of December 17, 2013

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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 contracts for the purchase of two (2) Utility trucks. Council member Spillman reported that Paula Duggan is now the LMSA Executive 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 will 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 colleague Michael R. Cobden will be in attendance. City Manager Silveira wished everyone a good holiday. Mayor Parlet wished all a wonderful and safe holiday.

IX.

CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports, if any:

X.

ADJOURNMENT:

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

_______________________________________ Kenneth Parlet, II, Mayor

__________________________________ Hilary Britton, Acting Deputy City Clerk

CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Approval of an agreement for Professional Services Adams Ashby Group LLC for USDA Loan and Grant administration. SUBMITTED BY: Margaret Silveira, City Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 01/07/14

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: Council is being asked to approve professional services agreement with Adams Ashby Group LLC, for USDA loan and grant administration. BACKGROUND/ DISCUSSION: Lorie Adams of Adams Ashby Group has been assisting the City with the writing and implementation of the USDA Rural Development water and sewer applications. Adams has had a contract with the City to provide grant writing and implementation services which has expired. Adams successfully applied on behalf of the City in which both applications for water and sewer funding from USDA were awarded. Adamss experience with USDA applications and administration are needed to make sure the City is complying with all the USDA regulations, documentation, Federal and State labor compliance, and ongoing administration of both awards. Adams also facilitates between the City, USDA, Contract Engineering and any additional contractors 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 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 Account Number: USDA Funding Comments:

Meeting Date: 01/07/2014

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Agenda Item #IV.D.

ATTACHMENT 1

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

1.

IDENTIFICATION

THIS PROFESSIONAL SERVICES AGREEMENT (Agreement) is entered into by and between the City of Lakeport a California municipal corporation (City) and Adams Ashby Group a California, limited liability company (Consultant). 2. 2.1 RECITALS City has determined that it requires the following professional services from a consultant: Administrative and Labor Compliance support services for the USDA awards issued to the City for the Water Improvement and Sewer Improvement Projects. Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.2

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows: 3. 3.1 DEFINITIONS Scope of Services: Such professional services as are set forth in Consultants June 10, 2013 proposal to City attached hereto as Exhibit A and incorporated herein by this reference. Approved Fee Schedule: Such compensation rates as are set forth in Consultants June 10, 2013 fee schedule to City attached hereto as Exhibit B and incorporated herein by this reference. Commencement Date: June 10, 2013. Expiration Date: December 31, 2016. TERM

3.2

3.3 3.4 4.

The 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 of the parties or terminated earlier in accordance with Section 18 (Termination) below. 5. CONSULTANTS SERVICES
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5.1

Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment 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 costs payable to Consultant under this Agreement exceed the sum of $75,000 for the USDA Water Project and $65,000 for the USDA Sewer Project, unless specifically approved in advance and in writing by City.

5.2 5.3

Consultant shall obtain a City business license prior to commencing performance under this Agreement. Consultant shall perform all work to the highest professional standards of Consultants 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 the performance of the Agreement, including all Cal/OSHA requirements, the conflict of interest provisions of Government Code Section 1090, and the Political Reform Act (Government Code Section 81000 et seq.). During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from 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. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Lorie Ann Adams shall be Consultants project administrator and shall have direct responsibility for management of Consultants performance under this Agreement. No change shall be made in Consultants project administrator without Citys prior written consent. Consultant has represented to the City that key personnel will perform and coordinate the services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. If City and Consultant cannot agree as to the substitution of key personnel, City may terminate this Agreement for cause. Consultant shall not be reimbursed for any expenses unless provided for in this Agreement or authorized in writing by City in advance.
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5.4

5.5

5.6

5.7

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6. 6.1

COMPENSATION 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. 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 itemize the services rendered during the billing period and the amount due. City shall not withhold applicable taxes or other authorized deductions from payments made to Consultant. Payment will be made within 30 days of receipt of invoice. Payments for any services requested by City and not included in the Scope of Services shall be made to Consultant by City on a time-and-materials basis using Consultants standard fee schedule. Consultant shall be entitled to increase the fees in this fee schedule at such time as it increases its fees for its clients generally; provided, however, in no event shall Consultant be entitled to increase fees for services rendered before the thirtieth day after Consultant notifies City in writing of an increase in that fee schedule. PREVAILING WAGES

6.2

6.3

7.

Consultant 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 the performance 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 PRODUCTS

All 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 City without restriction or limitation upon its use or dissemination by City. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. 9. RELATIONSHIP OF PARTIES

Consultant 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 or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultants employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, 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 this independent 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: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers compensation. 10. CONFIDENTIALITY

All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement. 11. INDEMNIFICATION 11.1 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, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the City with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultants commitment to indemnify and protect City as set forth herein. 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 the defense of, 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, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with Consultants alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement or its 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 reasonable attorneys fees due to counsel of Citys choice, expert fees and all other costs and fees of litigation. City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultants failure to pay City promptly any indemnification arising under this Section 11 and any amount due City from Consultant arising from Consultants failure either to
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11.3

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(i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers compensation laws. 11.4 The obligations of Consultant under this Section 11 are not limited by the provisions of any workers compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully 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 injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultants subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys fees incurred by counsel of Citys choice. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

11.5

11.6

12.

INSURANCE 12.1 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 or damages to property that may arise from or in connection with Consultants performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below: 12.1.1 Comprehensive General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage. General Liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insured. 12.1.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($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 of California. 12.2 12.3 Consultant shall require each of its subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Bests Insurance Guide. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium thereon at Consultants expense. At all times during the term of this Agreement, Consultant shall maintain on file with Citys Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the City and its officers, employees, agents and volunteers as additional insureds. Consultant shall, prior to commencement of work under this Agreement, file with Citys Risk Manager such certificate(s). Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word endeavor with regard to any notice provisions. The insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers, shall be in excess of Consultants insurance and shall not contribute with it. All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultants employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.
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12.4

12.5

12.6

12.7

12.8

12.9

ATTACHMENT 1

12.10 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond in the amount of the deductible or self-insured retention to guarantee payment of losses and expenses. 12.11 Procurement of insurance by Consultant shall not be construed as a limitation of Consultants 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 and all insurance claims submitted to Consultant's insurer in connection with the services under the Agreement.

13.

MUTUAL COOPERATION 13.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultants services under this Agreement. If any claim or action is brought against City relating to Consultants performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim or action.

13.2

14.

RECORDS AND INSPECTIONS

Consultant 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, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities. 15. PERMITS AND APPROVALS

Consultant 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 be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

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16.

NOTICES

Any 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 service during Consultants and Citys regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing). If to City City of Lakeport 225 Park St. Lakeport CA 95453 Telephone: (707) 263-5615 Facsimile: (707) 263-8584 If to Consultant: Adams Ashby Group 770 L Street, Suite 950 Sacramento, CA 95814 Telephone: (916) 449-3944 Facsimile: (916) 449-3934

With courtesy copy to: David J. Ruderman, Esq. Interim City Attorney Colantuono & Levin, P.C. 11364 Pleasant Valley Road Penn Valley, CA 95946 Telephone: (530) 432-7357 Facsimile: (530) 432-7356

17.

SURVIVING COVENANTS

The 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. TERMINATION 18.1 City may terminate this Agreement for any reason on five calendar days written notice to Consultant. Consultant may terminate this Agreement for any reason on thirty calendar days written notice to City. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement. If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
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19.

GENERAL PROVISIONS 19.1 Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subcontractor to file, a Statement of Economic Interest with the Citys Filing Officer if required under state law in the performance of the services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without Citys prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant. This Agreement shall be binding on the successors and assigns of the parties. Except as expressly stated herein, there is no intended third party beneficiary of any right or obligation assumed by the parties. Time is of the essence for each and every provision of this Agreement. 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. The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s). The waiver by City or Consultant of any breach of any term, covenant or condition 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 this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party asserted to have consented to the waiver. 19.9 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in Citys sole judgment that such failure was due to causes beyond 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 at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous 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 Consultant hereby consents to jurisdiction in Lake County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement. 19.11 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or 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. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 19.12 This Agreement shall be governed and construed in accordance with the laws of the State of California. 19.13 All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City 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 relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required 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 written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement. 19.15 Non-Discrimination. During the performance of this contract, the consultant agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and 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 contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with 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 procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor 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 protect the interests of the United States." 19.16 Consultant will perform the work in accordance with all applicable Federal, State and local housing and building codes, such as environmental, building, planning, zoning, health and safety, relocation, labor, fair employment, and historic preservation. 19.17 Consultant will comply with all applicable Federal and State overlay requirements as required by the funding agency. 19.18 Consultant will allow the State or Federal agencies access to relevant records for grant monitoring or auditing purposes. 19.19 Consultant will comply with State energy conservation standards and policies to reduce, reuse, and recycle in accordance with the State Energy Conservation Plan issued 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 authorized representatives to execute this Agreement on the dates set forth below. City City of Lakeport By: __________________________ Margaret Silveira, City Manager Date: _________________ Consultant Adams Ashby Group By:_______________________________ Lorie Ann Adams 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 Principal Associate Staff Inspection Staff Administrative Support Staff

Hourly Rate $80.00 $65.00 $75.00 $55.00

2015-2016 Principal Associate Staff Inspection Staff Administrative Support Staff

Hourly Rate $85.00 $65.00 $75.00 $55.00

Not To Exceed by Project: USDA Water Project: $75,000 USDA Sewer Project: $65,000

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CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Approval of an agreement for Professional Services with Community Development Services (CDS) SUBMITTED BY: Margaret Silveira, City Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 01/07/14

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD: Council is being asked to approve a three year professional services agreement with Community Development Services (CDS) Consultant. BACKGROUND DISCUSSION: The City sent out a request for proposal (RFP) for administrative services for the Community Development Block Grant (DCBG) Economic Development Allocation, Program Income Business Loan Program, and on 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 been working with the City of Lakeport on many previous CDBG grants and is very familiar with the City of Lakeports economic development loan program. Being the sole responder to the RFP, the City must obtain a sole source approval from CDBG after going through 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 SUGGESTED MOTIONS: Approve the Professional Service Agreement Community Development Services with CDS. Attachments: 1. Professional Services Agreement between the City of Lakeport and Community Development Services. 2. Letter from the California Department of Housing and Community Development CDBG Program, approving sole-source selection. Dated December 11, 2013. Account Number: (CDBG Grant Funds) Comments:

Meeting Date: 01/07/2014

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Agenda Item #IV.E.

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CITY OF LAKEPORT
City Council Lakeport Redevelopment Agency City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Appointment of Liaisons to Commissions, Boards, and Committees SUBMITTED BY: Kelly Buendia, Acting City Clerk PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 1/07/2014

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, and committees. In addition, the Council is being asked to adopt a resolution 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. BACKGROUND: There are several commissions, committees and boards to which annual appointments are made. Some of these 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 through December 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 Fire Department. One Council member and an alternate are appointed (not voting or acting members) to attend 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 are appointed (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 various locations. 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 Division meetings. League of California Cities, Redwood Empire Division, Legislative Committee Voting Delegate: One Council 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 the second Wednesday of each month. The location alternates between the City of Lakeport Council Chambers and the Lake Transit offices in Lower Lake. Two Council members and an alternate are appointed and are active, voting members of the APC.
Page 1 Agenda Item #VI.A.1.

Meeting Date: 1/7/2014

County of Lake Solid Waste Management Task Force: This is a County committee in which we have a liaison. Typically, the City appoints one Council member and the City Manager to attend any meetings of the Task Force. Lake County Abandoned Vehicle Abatement Service Authority: This committee typically meets only one time per year in the spring to discuss the AV program. According to Rick Coel from the Lake County Community Development Department, this meeting will probably occur in April. The City appoints 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 funding becomes 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 meetings between Lakeport and Clearlake. The City appoints a Council member who acts as a voting member of LAFCO. Lake County Airport Land Use Commission: This board meets only on an as needed basis when there are projects going on at the airport. They have not met in the last couple of years but the County of 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 the City appoints one member as an active, voting member. Oversight Board of the Former Lakeport Redevelopment Agency: This Board meets as needed. The City appoints one member as an active, voting member. Lakeport Unified School District Committee: This committee meets quarterly, TBA. The City appoints two 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 further direction. The Council can adopt resolution appointing voting delegates to the League's Division Business and Legislative Committee meetings or decline to appoint a voting delegate to either/both meetings. FISCAL IMPACT: None 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 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. Attachments: 1. List of current liaisons to commissions, boards, and committees 2. Resolution appointing voting delegates for League of California Cities
Meeting Date: 1/7/2014 Page 2 Agenda Item #VI.A.1.

Account Number:

LIAISONS TO COMMISSIONS, BOARDS, COMMITTEES

LIAISONS
Lakeport Fire Protection District Lakeport Regional Chamber of Commerce Lakeport Main Street Association Council Member Spillman Mayor Engstrom, Alt. Mayor Engstrom City Manager Council Member Spillman

LAKEPORT CITY COUNCIL EFFECTIVE DECEMBER 17, 2013

2013

2014

APPOINTMENTS League of California Cities, Redwood Empire Division, Division and Legislative Committee Voting Delegate Lake County/City Area Planning Council County of Lake Solid Waste Management Task Force Lake County Abandoned Vehicle Abatement Service Authority SB 621 Indian Gaming Funds Committee Clear Lake Advisory Subcommittee Local Agency Formation Commission Lake County Airport Land Use Commission Invasive Species Task Force Committee Clean Water Program Committee Investment Committee Lakeport Unified School District Committee Oversight Board of the Former Lakeport Redevelopment Agency Council Member Scheel Alternate Mayor Pro Tem Mattina Council Member Scheel Mayor Engstrom, Alt. Council Member Scheel City Manager Council Member Parlet Council Member Scheel Mayor Engstrom, Alt. Mayor Engstrom Mayor Pro Tem Mattina Council Member Scheel, Alt. Council Member Spillman Council Member Parlet Council Member Parlet Council Member Spillman Council Member Parlet Mayor Engstrom Mayor Pro Tem Mattina Mayor Pro Tem Mattina Council Member Parlet, Alt.

2013

2014

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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 policy decisions 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, League policy 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 RESOLVED that the 2014 appointment for the Redwood Empire Division are as follows: Division Business Meeting Primary: ___________________________

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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

CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Social Media Update Presentation SUBMITTED BY: Andrew Britton, Planning Services Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 1-7-14

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 presence was 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 conjunction with our Facebook page. Our efforts began in earnest in July of this year and since that time we have seen a large increase in the amount of total page likes and an increase in the level of engagement with our residents. Staff is receptive to hearing suggestions about how we can further utilize our social media outlets and continue to improve the communication and engagement with our residents. OPTIONS: N/A FISCAL IMPACT: None N/A Attachments: $ Account Number: Comments: SUGGESTED MOTIONS:

Meeting Date: January 7, 2014

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Agenda Item #VI.B.1

CITY OF LAKEPORT
City Council City of Lakeport Municipal Sewer District

STAFF REPORT
RE: Housing Related Parks Grant SUBMITTED BY: Margaret Silveira, City Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 01/07/2014

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 and Community Development for Housing Related Parks (HRP) Grant and adopt a Resolution authorizing the application for a Housing Related Parks Grant. BACKGROUND/ DISCUSSION: The HRP Program was funded through Proposition 1C, the Housing and Emergency Shelter Trust Fund Act of 2006, Health and Safety Code Section 53545, subdivision (d) and originally established pursuant to Chapter 641, Statutes of 2008 (AB 2494, Caballero), at Chapter 8 of Part 2 of Division 31 of the Health and Safety 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 by new construction or substantial remodel, with a 55 year covenant for affordability. The funding awarded for each 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 Senior Complex 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 a base amount for each bedroom, and additional bonus points for new construction projects, infill units and compliance with the Regional Blueprint Process. The eligible park uses of funding are; (1) Construction, rehabilitation or acquisition of capital assets that benefit the community (Government Code Section 16727), (2) Physical property with a useful life of 15 years or more, (3) Equipment with a useful life of 2 years or more, (4) Costs related to construction or acquisition, 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 water supply for Westside Park, and implementation. In November of 2012, Ruzicka Associates gave staff a proposal for a preliminary engineering report for non-treated irrigation water supply for Westside Park. Attached please find the proposal and scope of work.
Meeting Date: 01/07/2014 Page 1 Agenda Item #VI.C.1.

OPTIONS: Approve resolution and application as presented Approve with changes to application and resolution No action FISCAL IMPACT: None $77,400 Grant funds for parks Account Number: Comments: SUGGESTED MOTIONS: Approve Resolution authorizing the application for a Housing Related Parks Grant Attachments: 1. Resolution authorizing the application for a Housing Related Parks Grant. 2. Ruzicka Associates proposal and scope of work

Meeting Date: 01/07/2014

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Agenda Item #VI.C.1.

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RESOLUTION NO.

(2014)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AUTHORIZING THE APPLICATION FOR A HOUSING RELATED PARKS GRANT
WHEREAS, The State of California, Department of Housing and Community Development (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 the 2013 Designated Program Year Application Package released by the Department for the HRP Program; WHEREAS, The Department is authorized to approve funding allocations for the HRP Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement; NOW, THEREFORE, BE IT RESOLVED THAT: Applicant is hereby authorized and directed to apply for and submit to the Department the HRP 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 other documents 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 Standard Agreement. Funds are to be used for allowable capital asset project expenditures to be identified in Exhibit A of the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. Applicant hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the Department 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 by the Department for participation in the HRP Program.

DULY AND REGULARLY ADOPTED on this 7th day of January, 2014, by the following vote:

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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 and certify that the forgoing is a true and full copy of a resolution of the City Council of the City of Lakeport adopted at a duly convened meeting on the date above-mentioned, which has not been altered, amended or repealed.

Signature _____________________________________________ Date ____________________

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