051711 Lakeport City Council - Consent Agenda

8/6/2019 051711 Lakeport City Council - Consent Agenda

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MINUTESLAKEPORT CITY COUNCIL AND

LAKEPORT REDEVELOPMENT AGENCYREGULAR MEETING

May 3, 2011I WORKSHOP: The workshop began at 4:00 p.m. Discussion was hel

Policies and Procedures.

II. CALL TO ORDER:ROLL CALL:

Mayor/Chairperson Lyons called the regular meeting othe City of Lakeport and Lakeport Redevelopment Ag6:15 p.m. with Council/Agency Members Roy ParmenStacey Mattina, and Tom Engstrom present.

III. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Administrative SBuendia.

IV. ACCEPTANCE OF AGENDA: A motion was made by Council/Agency Member RumCouncil/Agency Member Parmentier, and unanimouslvote to accept the agenda as presented.

V. CONSENT AGENDA:

A. Ordinances Waive reading except by title, of any ordinances under meeting for either introduction or passage per Go

B. Warrants: Approve warrants as listed on Warrant Register dated M

C. Minutes: Approve minutes of the regular City Council meeting o

D. RDA Tax Increment Revenue PassThrough Payments

Approve disbursements to the affected local taxing ageRedevelopment Low-Moderate Housing Fund 219.

E. Notice of Completion on LibraryPark Restroom Project

Move to authorize the Mayor to execute the Notice of staff to file the Notice of Completion at the County Rebehalf of the City accept the project as complete.

Vote on Consent Agenda A motion was made by Council/Agency Member ParmenCouncil/Agency Member Engstrom, and unanimouslyto approve the Consent Agenda as posted.

VI. PUBLIC PRESENTATIONS/ REQUESTS:

A. Citizen Input Betsy Cawn addressed the Council regarding emergencthe Citys Emergency Response Plan.

VII. COUNCIL BUSINESS:

A. City Engineer:

1. Parallel Drive Water MainExtension Project - AwardContract

A motion was made by Council/Agency Member EngCouncil/Agency Member Mattina, and unanimously cauthorize the contract with Ruzicka Engineering and aManager or her designee to execute it

Minutes of the Lakeport City Council and Redevelopment Agency Meeting of 05/03/2011


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Interim Police Chief Rasmussen indicated that the Indiapplication has gone in. He also reported that a wild bDel Lago as it was acting aggressively.

Administrative Services Director Buendia reported thainsurance will be May 20 through June 10. Notificatio

Public Works Director reported that the final work on tis being done, the aqua dams have been taken down, abeing prepared for the upcoming season.

Interim Finance Director Buffalo delivered the Third QReport.

Utilities Director Brannigan reported that May 7 is the1:00 p.m. at the Yacht Club. Food will be available. H

he will be addressing the schools regarding protecting Community Development Director Knoll reported thatAssociations annual Downtown Cleanup will be done Ma

City Manager Silveira thanked everyone for their cardthe past couple of weeks. The League is sponsoring LMay 17 and 18. If anyone wants to go, they should leknow.

Council Member Mattina reported that she attended a Outdoor Writers Association of California. Some of ththat we have a great small town. There were several g

Council Member Mattina asked about policies for conon this can be done in June.

Council Member Engstrom reported that Grillin on the GSaturday, August 6, and wants to know if the Council to participate. He will follow up.

Mayor Lyons reported that CLAS will be meeting thiswill not be able to attend the next LAFCO meeting andMember Rumfelt attend.

Council Member Rumfelt reported that there is a persoseveral cars in front of and around the house on Elevealso a house on High Street just before the library that blighted. A lot of work is being done now, and Counwould like to see us give them a certificate of beautific

There is a League meeting in Ukiah on Friday, May 13Rumfelt will be attending. City Manager Silveira and Rasmussen will also be attending.

Council Member Rumfelt reported that there will be anmeeting here at May 16. They will also be doing a traMonday May 9 at 6:00 p m

Minutes of the Lakeport City Council and Redevelopment Agency Meeting of 05/03/2011


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X. REPORT FROM CLOSED SESSION: The meeting reconvened to open session at 7:35 p.m. Council Member Mattina recused herself from discussproperty negotiations at 902 Bevins Court due to a conroom. Staff was given direction.

Direction was given that the Mayor is authorized to ex

for Dismissal of Party in Paradise v. Ferguson, et al.Court Case No. CV 11-00375 RS.

XI. ADJOURNMENT: Mayor Lyons adjourned the meeting at 7:37 p.m.

ATTEST APPROVED

____________________________________ _________

JANEL M. CHAPMAN, City Clerk SUZANNE LYONS, Mayor


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CITY OF LAKEPORT

COUNCIL POLICIES AND PROCEDURES M


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CITY COUNCIL POLICIES AND PROCEDURES

TABLE OF CONTENTS

1 INTRODUCTION AND OVERVIEW ......................................................................................................

1.1 INTRODUCTION ..............................................................................................................................

1.2 PURPOSE OF POLICIES AND PROCEDURES MANUAL ........................................................

1.3 OVERVIEW OF DEPARTMENTS ..................................................................................................

2 INTERACTION AND COMMUNICATION WITH CITY STAFF/OFFICIALS .................................

2.1 OVERVIEW .......................................................................................................................................

2.2 COUNCIL/MANAGER RELATIONSHIP .......................................................................................

2.3 CITY COUNCIL/CITY ATTORNEY RELATIONSHIP .................................................................

2.4 COUNCIL/STAFF RELATIONSHIPS AND CONDUCT ..............................................................

2.4.1 INTENT ...........................................................................................................................

2.4.2 GUIDELINES FOR COUNCIL MEMBERS ................................................................

2.4.3 DIRECTION TO STAFF ................................................................................................

2.4.4 GUIDELINES FOR STAFF ............................................................................................

2.4.5 ACCESS TO INFORMATION .......................................................................................

2.4.6 STAFF ROLES ................................................................................................................

3 COUNCIL POWERS AND APPOINTMENTS............................................................................................

3.1 CITY COUNCIL GENERALLY ......................................................................................................

3.2 COUNCIL COMMUNICATIONS ....................................................................................................

3.3 CORRESPONDENCE FROM COUNCIL MEMBERS .................................................................

3.3.1 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROW


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4.3.1 PRESIDING OFFICER ..................................................................................................

4.3.2 SIGNING OF CITY DOCUMENTS ..............................................................................

4.3.3 DISCUSSION RULES ...................................................................................................

4.3.4 MINUTES OF COUNCIL MEETINGS ........................................................................

4.3.5 PARLIAMENTARY PROCEDURE ...............................................................................

4.3.6 VOTING PROCEDURES ...............................................................................................

4.3.7 PUBLIC COMMENT (Written and Oral) ......................................................................

4.3.8 CONSENT AGENDA .....................................................................................................

4.3.9 COUNCIL COMMUNICATIONS ..................................................................................

4.3.10 CLOSED SESSION ITEMS (Closed to the Public) ......................................................

5 THE BROWN ACT ....................................................................................................................................

5.1 APPLICABILITY AND PENALTIES .............................................................................................

6 ADVISORY BODY PROCEDURES .......................................................................................................

6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS .................................................................

6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES ....................... Error! Bookm

6.1.2 ROLE ............................................................................................ Error! Bookm

6.1.3 COMMUNICATION ...................................................................... Error! Bookm

6.1.4 EDUCATION ................................................................................. Error! Bookm

6.1.5 ATTENDANCE .............................................................................. Error! Bookm

6.2 COUNTY OR REGIONAL REPRESENTATION...........................................................................

6.3 OTHER COUNCIL SUBCOMMITTEES .......................................................................................

6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS ....................................

6.4.1 COUNCIL AGENDA REPORTS ...................................................................................


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CITY OF LAKEPORT

CITY COUNCIL POLICIES AND PROCEDURES

1 INTRODUCTION AND OVERVIEW

1.1 INTRODUCTION

The Mayor and City Council members are to work together for the common good of the citizens.Representing the public interest while maintaining integrity, professionalism, and ethical conduct be primary concerns. The Mayor and Council members must assure fair and equal treatment of apersons, claims, and transactions coming before them. The scope of services and issues addressethe City Council go well beyond those frequently reported in the newspaper or discussed at City Cmeetings. Through the policies set forth by the Council, the City is provided with values and gui

1.2 PURPOSE OF POLICIES AND PROCEDURES MANUAL

This Policies and Procedures Manual has been prepared to assist the City Council by documentinaccepted practices and clarifying expectations. Through agreement of the City Council and staff bound by these practices, administration of the City Council affairs is greatly enhanced. While

attempting not to be overly restrictive, procedures are established so that expectations and practiccan be clearly expressed to guide Council members in their actions.

1.3 OVERVIEW OF DEPARTMENTS

Day-to-day oper ations are handled by the Citys departments. Currently, the City is separated intoseveral departments which provide a wide range of services to the citizens. These services range street pothole repairs to building inspections to parks and recreation. The departments report to tCity Manager so that he/she can keep the City Council aware of operational issues of importance

city-wide concerns. The following is a list of these departments:Administration (City Manager, City Clerk, Administrative Services Director)City AttorneyCommunity Development (Planning, Building)EngineeringFinancePolicePublic Works (Streets, Parks)Redevelopment/HousingUtilities (Water, Sewer)

2 INTERACTION AND COMMUNICATION WITH CITY STAFF/O


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without the prior knowledge and approval of the Council as a whole. This is necessary tprotect staff from undue influence and pressure from individual Council members and tostaff to execute priorities given by management and the Council as a whole without fearreprisal.

2.4.4 GUIDELINES FOR STAFF

Staff shall recognize that its primary function is to execute Council policy and to keep thinformed. Staff shall present the Council with all relevant information, as well as alternan objective, succinct manner. The City Manager and staff are committed to treating eacCouncil Member equally.

2.4.4.1 TIMELY RESPONSE

City staff will make every effort to respond in a timely and professional mall requests made by individual Council members for information or assistprovided that, in the judgment of the City Manager, the request is not of amagnitude, either in terms of workload or policy, which would require thatappropriately be assigned to staff through the collective direction of the CiCouncil.

2.4.4.2 DIRECTION FROM COUNCIL

Staff is obligated to take guidance and direction only from the Council as afrom the appropriate management superiors as may be the case. Staff is didiscourage any attempts by individual members of the Council to unduly inor otherwise pressure them into making, changing, or otherwise suppressindecisions or recommendations, or changing departmental work schedules apriorities. Staff shall report any such attempts to influence them in confidethe City Manager, who may inform the Council as a whole of such attempt

2.4.4.3 SUPPORT STAFF TO INDIVIDUAL COUNCIL MEMBERS

An exception to the above guidelines may be staff work required in supporCouncil member designated by the City Council to represent the City in anintergovernmental role (e.g., membership on a Joint Powers Authority), orto a special assignment (e.g., a special task force).

2.4.4.4 INFORMATION DISTRIBUTION

In cases where a staff response to an individual Council member request iwritten material that may be of interest to other Council members, the CityManager will provide copies of the material to all other Council members.making this judgment, the City Manager will consider whether the informasignificant or new or otherwise not available to the Council or of interest toCouncil


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2.4.5 ACCESS TO INFORMATION

It is the intent of staff to ensure individual Council members, as well as the Council as a have free access to information from the City and to insure that such information iscommunicated completely and with candor to those making the request.

Council members shall make routine requests for information through the appropriatedepartment head. Complex or comprehensive requests for information shall be made thrthe City Manager.

There are limited restrictions when information cannot be provided. There are legal reston the Citys ability to release certain personnel information even to members of the CCouncil. Certain aspects of Police Department affairs (access to restricted or confidentiinformation related to crimes) may not be available to members of the Council.

City Council Members have a responsibility in this information flow as well. It is criticamake extensive use of staff and commission reports and commission minutes. Council mshould come to a meeting prepared having read documents as well as additional ior a memorandum that includes an update on major projects or evolving issues. Additioinformation may be requested from staff, if necessary.

In all cases where staff response to an individual Council member request involves writtmaterials which may be of interest to other Council members, the City Manager will procopies of the material to all other Council members. In making this judgment, the City Mwill consider whether the information is significant, new, otherwise not available to the Cor of interest to the Council.

2.4.6 STAFF ROLES

Staff shall recognize that its primary function is executing Council policy and actions takCouncil and in keeping the Council informed. Staff shall present the Council with all reinformation, as well as alternatives, in an objective, succinct manner. Staff is obligated guidance and direction only from the Council as a whole or from the appropriate managsupervisors. Staff is directed to discourage any attempts by individual members of the Cto unduly direct or otherwise pressure them into making, changing or otherwise influencrecommendations. The City Manager and staff are committed to treating each Council mequally.

City staff will make every effort to respond in a timely and professional manner to all remade by individual Council members for information or assistance, provided that, in the

judgment of the City Manager, the request is not of a magnitude, either in terms of workpolicy, which would require that it would be more appropriately assigned to staff througdirection of the full City Council.

3 COUNCIL POWERS AND APPOINTMENTS


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Council meetings and as the official head of the City for legislative and ceremonial purposes. ThCouncil shall also appoint a Mayor Pro Tem for a one-year term.

The City Council is the Citys legislative and policy -making body. Acting as a whole, the Citresponsible for passing ordinances and orders necessary for the governing of the City, as well as fsetting the direction of City policy. The City Manager, with the help of City staff, provides the CCouncil with the information needed to fulfill its policy-making role.

The Council-City Manager form of government separates legislative and executive responsibilitiesystem provides checks and balances of both policy and administrative branches of government bylimiting the power of each.

3.2 COUNCIL COMMUNICATIONS

One of the most fundamental roles of a Council member is communication communicpublic to assess community opinions and need and communication with staff to provide policy diand to gain an understanding of the implications of various policy alternatives. Because the City performs as a body (that is, acting based on a will of the majority as opposed to individuals), it isimportant that the general guidelines be understood when speaking for the Council. Equally impowhen members are expressing personal views and not those of the Council, the public should be sadvised.

When members are requested to speak to groups or are asked the Councils position on an issue, theresponse should reflect the Council as a whole. Of course, a member may clarify their vote on a mby stating While I voted against the issue, the City Council voted in support of it. When representinthe City at meetings or other venues, it is important that those in attendance gain an understandinthe City Councils position rather than that of an individual member.

3.3 CORRESPONDENCE FROM COUNCIL MEMBERS

Members of the City Council may be called upon to write letters to citizens, businesses, or other p

agencies. Typically, the Mayor will be charged with transmitting the Citys position on policy matteroutside agencies on behalf of the City Council. Individual members of the Council may also prepletters for constituents in response to inquiries or to provide requested information. City letterheaavailable for this purpose, and City staff can assist in the preparation of such correspondence.

On occasion, members may wish to transmit correspondence on an issue upon which the Councilyet to take a position or about an issue for which the Council has no position. In these circumstanmembers should clearly indicate within letters that they are not speaking for the City Council as abut for themselves as one member of the Council. City letterhead and office support may be utili

these circumstances.After the City Council has taken a position on an issue, official correspondence should reflect thisposition. While members, who may disagreement with the position, are free to preparecorrespondence on such issues as private citizens, City letterhead, official Council title, and staff should not be utilized. In addition, City letterhead and staff support cannot be utilized for persona


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3.3.1 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN

City email is no less a part of official City business than any other written correspondencethere is no expectation of privacy for City email messages. Good judgment and commoshould therefore prevail at all times regarding its appropriate use. City email is subject tdisclosure under the Public Records Act and is subject to requirements of the Brown Acthe Brown Act does not prohibit the use of email to make individual contacts between mof the Council or the public or staff, great care should be taken to avoid the use of emailcontact a majority of the Council, either individually or serially, in a connected plan to engin collective deliberation on public bu siness.

3.4 PRESS & NEWS MEDIA RELATIONS

Council members may receive occasional inquiries from media. If a Council Member would prefrespond, he/she should direct media inquiries to the City Manager. If a Council Member does grainterview, he/she should not go off the record and cannot discuss confidential or unrepoinformation.

Public information is to be freely and openly provided to members of the press. Responses to teleinquiries should be limited to answering questions. Requests for research or a report requiringadditional staff time should be referred to the City Managers office.

3.5

MAYOR

POWERS AND DUTIESa) The Mayor shall preside at all meetings of the City Council and shall preserve strict order an

decorum at all m eetings of the Council, announce the Councils decisions on all subjects, and all questions of order.

b) The Mayor performs such other duties consistent with the office as may be imposed by the CThe Mayor shall be entitled to, and must vote when present, but shall possess no veto power.presiding officer of the Council, the Mayor will faithfully communicate the will of the Councmajority to the City Manager in matters of policy.

c) The Mayor is recognized as the official head of the City for all ceremonial purposes.

d) The Mayor may order flags flown on City property to be lowered to half-staff in mourning fomember of the community designated to have made significant contributions to the City of Lin accordance with recognized customers or practices not inconsistent and State and Federal

e) The Mayor shall exercise such other powers and perform such other duties as may be prescrilaw or ordinance or by resolution of the Council.

3.6 APPOINTMENT OF MAYOR PRO TEM

The appointment of the Mayor Pro Tem shall be for a one-year term. In the absence of the MayoMayor Pro Tem shall possess and perform the powers and duties of the Mayor.

3 7 FILLING COUNCIL VACANCIES


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d) Ceasing to be a resident of the City ( Government Code 36502)

e) Ceasing to discharge the duties of office for three consecutive months (except whenprevented by sickness, or when absent from state with permission) ( Govern36513)

f) Conviction of a felony or of any offense involving a violation of official duties

g) Refusal or neglected to file required oath or bond

h) The decision of a competent tribunal declaring the election or appointment void

i) Commitment to a hospital or sanitarium as a drug addict, dipsomani ac, instimulant addict

j) Resignation

3.7.2 INCOMPATIBLE OFFICES

Acceptance by a public officer of another office, which is incompatible with the first thevacates the first office. This is triggered if the following two elements are present: (1) Tofficial holds two public offices simultaneously; and (2) There is a potential conflict betwduties or functions of the two offices.

3.7.3 APPOINTMENT OR SPECIAL ELECTION

The City Council shall by majority vote of the remaining Council members appoint a repmember to the Council within 30 days of the occurrence of the vacancy. If the Council the vacancy within thirty (30) days of its occurrence, it shall call a special municipal elefill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred(150) days following the occurrence of the vacancy.

3.7.4 DISCLOSURE OF APPOINTMENT

In order that the public may know how its business is being conducted, all phases of theprocess to appoint a replacement member to a vacancy shall be conducted in public.

3.7.5 ADVERTISE FOR APPLICANTS

At least ten days before the Council meets the first time to select a replacement member vacancy, the City shall advertise in a local newspaper of general circulation describing thvacancy and term thereof and requesting applications from those persons interested in beappointed.

3.7.6 QUALIFICATIONS

Although the only two established minimum qualifications for appointment are (1) residthe City for at least 30 days prior to the appointment, and (2) voter registration at the timappointment, each applicant shall be encouraged to submit a written statement of 200 wo


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3.7.7 PUBLIC MEETING

a) At a time selected by the Council, a meeting open to the public shall be held by the to consider the selection of an applicant to fill the vacancy.

b)

The applications shall be given to the Council and be available to the public at leastdays before the opening of the meeting.

c) Members of the public may submit written comments regarding an application at anup to 24 hours before the meeting begins.

d) At the meeting, each applicant wishing to serve should be present to verify that he/swould be willing to serve if appointed, and that he/she is a resident of the City. Eaccandidate will be given five minutes to make a presentation to the Council.

e) Thereafter, all discussion shall be confined to the Council except for questions directhe Council to staff or members of the public.

f) Upon the conclusion of the discussion, the Mayor shall open the floor to nominationremaining Council Members. All nominations, seconding, and voting shall be donein public.

g) If the Council is unable to reach consensus on the appointment and further considerrequired, the Council may adjourn the initial meeting to a subsequent meeting withi

days of the occurrence of the vacancy to attempt to reach a decision.

4 MEETING GUIDELINES AND PROCEDURES

4.1 MEETING SCHEDULE

4.1.1 MEETINGS OF COUNCIL

The Council shall provide by ordinance the time and place of holding meetings and the min which special meetings may be called. Public interest and convenience shall be primaconsiderations when decisions are made as to time, location, and frequency.

Except as otherwise provided by law, all meetings of the Council shall be open to the pu

4.1.2 QUORUM

Three members of the City Council constitute a quorum to do business. When no quorupresent, the Mayor, Mayor Pro Tem, or any other Council member shall adjourn the meeno Council member is present, the City Clerk shall adjourn the meeting.

4.1.3 REGULAR MEETINGS

a) Regular meetings dates are set by Ordinance.


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d) A regular meeting may be cancelled by a majority vote of the City Council.

4.1.4 COUNCIL WORKSHOPS (Open to the Public)

a) The purpose of these meetings shall be for informal discussions between staff, advisbodies or consultants, the public, and the City Council regarding specific programs,or policies.

b) Workshops will be held at a time and place within the City limits and convenient to and advantageous for public participation.

c) Participation of the public shall be at the discretion of the Mayor, upon consensus oCouncil.

4.1.5

SPECIAL MEETINGSa) Special meetings may be called by the Mayor or three members of the City Council

notice of each special meeting must be given not less than twenty-four (24) hours beach meeting to each member of the City Council.

b) Written notice must be given to the media twenty-four (24) hours prior to each mee

c) No business other than that announced shall be discussed.

d) Any special meeting held at a place other than City Hall shall be open to the public.meetings shall be held within the city limits. Notice requirements of the Brown Actcomplied with for any such meeting; regular minutes shall be taken by the City Clerdesignee and shall be available for public inspection.

4.1.6 EMERGENCY MEETINGS

Emergency meetings may be called without the normal 24-hour notice and postingrequirements if prompt action is required due to the disruption or threatened disruption o

public facilities. Only work stoppages, crippling disasters or other activities that severelthe public health and/or safety qualify for emergency meetings.

4.1.7 TIPS ON THE DAIS

The Council Chambers is equipped with a public address system. The system providesmicrophones at the dais, staff tables, and podium. There are several issues related to thesystem which are important to keep in mind:

a) Turn the microphone on when you want to talk, and speak directly into the microph

b) Turn the microphone off during recesses and after the meeting.

c) Never say things near a microphone that you do not want to be heard.

d) Have all speakers come forward to the podium. Do not allow people to speak fromaudience as they cannot always be heard.


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1) Use of the Council Chambers by City commissions, committees, and other advbodies shall take precedence over any other group or agency.

2) Regularly scheduled meetings by other agencies and groups shall be discourage

4.2 AGENDA

4.2.1 ESTABLISHING THE COUNCIL AGENDA

The purpose of the agenda is to provide a framework within which Council meetings canconducted and to effectively implement the approved Council Goals, Financial Plan andand also work programs, objectives, and business of the City as established by the presenearlier City Councils. Agenda items also include recommendations to the City Council advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures,mandates from other levels of government. Staff shall work within the policy contextestablished by the Council and will not arbitrarily place matters on the agenda that are outhe scope of existing work programs of the City, except as approved by the Mayor or thrthe City Manager who is required to inform and advise the Council of matters necessaryproper operations and well-being of the City.

The process for determining the format and order of the agenda is based primarily on theof business adopted by the City Council (See Section I.B.7). The process for establishin

order of specific business and public hearing items is a collaborative one determined larganticipated public attendance (those matters involving greater audience attendance are uscheduled ahead of other items). The final agenda is set subject to approval of the CityManager.

4.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)

Any Council Member may request an item be placed on a future agenda by submitting arequest, orally or in writing, to consider the matter and by discussing the request during

Communications section of the regular agenda. Upon consensus of a majority of the Costaff will prepare a staff report if formal Council action is required. An individual CounMember may place an emergency item on the agenda with a minimum of 72 hours legaland a memorandum from the City Council Member to the Council and staff setting forthsubstantive issues of the item. For the purpose of this paragraph, emergency shall arise limited situations where an item requires immediate action, and the need to take immediaction came to the attention of the Council Member subsequent to the distribution of theagenda.

4.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)

Recommendations made by advisory bodies as part of their normal scope of duties andresponsibilities shall be timely placed on the City Council agenda by staff, who shall comthe Citys approved Counc il Agenda Preparation Policy.


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4.2.5 EMERGENCY ITEMS

Emergency items may be placed on the agenda only in accordance with state law. Geneonly those matters affecting public health or safety may be considered emergency in natufour-fifths vote of Council is necessary to add an emergency item.

4.2.6 RECONSIDERATION

Resubmittal of issues previously acted upon is discouraged; however, in extraordinarysituations, a request to reconsider an action taken by the City Council may be consideredrequest must be presented by a Council Member who voted with the majority at the Coumeeting at which the original vote was taken. The vote may be reconsidered during thatmeeting, but no later than the next Council meeting. Debate is limited to the question ofwhether or not there is a majority interested in reconsidering the matter. If a majority ofCouncil votes to reconsider an action, the matter will be placed on the next or future age

4.2.7 ORDER OF BUSINESS:

a) Call to Order

b) Roll Call

c) Pledge of Allegiance

d) Consent Agendae) Public Comment (Items not appearing on the agenda)

f) Presentations

g) Public Hearings

h) Redevelopment Agency Items

i) CLMSD Items

j) Business Items

k) Council Communications

l) Closed Session

4.2.8 AGENDA PACKET

All written communications to be submitted to the City Council for inclusion in the agen

packet for consideration at a meeting shall be delivered to the City Clerk no later than tedays prior to the date of the meeting at which the matter shall be heard.

A copy of the agenda, complete with all accompanying staff reports and other backgrounmaterials shall be delivered to each Council member no later than the Friday preceding tCouncil meeting. A copy shall also be posted on the website so as to be available to the

f ll i f ll i d i di id l All d i i h ll b li h d i


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to fully inform all interested individuals. All advertising shall be accomplished in an ecomanner.

4.3 MEETING PROCEDURES

4.3.1 PRESIDING OFFICER

The Mayor is the Presiding Officer and acts as Chair at Council meetings. In the absencincapacity of the Mayor, the Mayor Pro Tem will serve as the Presiding Officer. In the aof the Mayor and Mayor Pro Tem, the City Clerk shall call the meeting to order, whereutemporary presiding officer shall be elected by the members of the Council who are pres

4.3.2 SIGNING OF CITY DOCUMENTS

The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts, and othedocuments which have been adopted by the City Council and require an official signaturexcept when the City Manager has been authorized by Council action to sign documentsevent the Mayor is unavailable, the Mayor Pro Tem signature may be used.

4.3.3 DISCUSSION RULES

a) Obtaining the floor

1) A member of the City Council or staff shall first address the Presiding Officer arecognition.

2) Comments and questions shall be limited to the issue before the Council

3) Cross-exchange between Council Members and public should be avoided.

b) Questions to Staff

1) A Council member shall, after recognition by the Presiding Officer, address quthe designated staff member.

c) Interruptions

1) Once recognized, a Council Member shall not be interrupted while speaking, exmake a point of order or personal privilege.

2) If a Council Member is called to order while speaking, the individual shall ceasuntil the question of order is determined.

3) Upon being recognized by the Presiding Office, members of staff shall hold theuntil completion of their remarks or until recognition is withdrawn by the PresiOfficer

d) Limitation on Discussion

1) No Council Member shall speak more than once on a particular subject until evil M b h h d h i k C il M b


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1) The Police Chief or his/her designee shall act as the Sergeant-at-Arms


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1) The Police Chief or his/her designee shall act as the Sergeant-at-Arms.

2) Any Council Member may request the Presiding Officer to enforce the rules ofUpon motion and majority vote, the Presiding Office shall be required to do so

3)

Upon instructions from the Presiding Officer, it shall be the duty of the SergeanArms or any police officer present to eject from the Council Chambers any peraudience who uses boisterous or profane language or any person who interruptsrefuses to keep quiet or take a seat when ordered to do so by the presiding officotherwise disrupts the proceedings of the Council.

4.3.6 VOTING PROCEDURES

a) When present, all Council Members shall vote, except in the case of a recusal due to

conflict of interest. Failure of a seated Council Member to vote will be construed aaffirmative vote.

b) No ordinance, resolution, or motion shall be passed or become effective without recthe affirmative vote of at least three members of the Council.

c) A conflict of interest shall be declared whenever appropriate and in compliance withlaw, and the Council Member will step down and not participate in the discussion othe item.

d) A vote may be changed by a Council Member before the decision of the question hafinally and conclusively pronounced by the chair, but not afterwards.

e) The City Clerk shall restate the motion prior to the vote or request of the motion marestate the motion if required for Council or public clarification.

f) A roll call (voice) vote may be taken at the discretion of the Presiding Officer.

g) A general consent vote may be taken at the discretion of the Presiding Office.

h) Upon request of any member, the ayes and noes shall be taken and recorded on any i) The ayes and noes shall be taken upon the passage of all ordinances and resolutions

j) Following the vote, the Mayor shall announce whether the questions have been carrdefeated.

k) Should a tie vote occur, the Council is required to continue the item by majority votmake motions until an action receives three yes or no votes.

l)

The Presiding Officer may publicly explain the effect of the vote for the audience ordirect a member of the staff to do so.

4.3.7 PUBLIC COMMENT (Written and Oral)

Members of the public may address the City Council in a variety of ways. Written commd i d A h C il i i d

agenda may be provided during the Citizens Input period at the beginning of every regular


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agenda may be provided during the Citizens Input period at the beginning of every regularmeeting.

The following are guidelines for providing oral public comments:

a) At the beginning of each regularly scheduled meeting, members of the public may athe City Council on items that are not on the printed agenda or items on the ConsenAgenda.

b) Pursuant to the Brown Act, action may not be taken on issues not listed on the agenStaff may be asked to follow up on such items.

c) Individuals desiring to speak shall:

1) Submit a Citizen Input form to the City Clerk prior to the beginning of the mee

that the speak ers name can be appropriately entered into the minutes of the me2) Address the Council from the podium after giving name and city of residence.

shall direct their comments to the Council, not the audience.

3) Comment on the specific matter before the Council with reasons for the positio

4) Limit comments to three (3) minutes until others have had an opportunity to adthe Council. The Presiding Officer, after all others have spoken, may allow addbrief comment from speakers who have already commented on the same agend

d) During an agendized public hearing, a brief staff report should be heard prior to the of the public hearing. Upon opening of the public hearing, Council should ask to hethe applicants or applicant representatives or appellants prior to hearing from membthe general public. Those who desire to speak shall:

1) Be permitted to speak first during the public comment portion of the public heanot more than ten (10) minutes.

2)

Address the Council from the podium after giving their name and address and/oname and address of the applicant/appellant they are representing.

e) After the comment period of public hearing is closed, no member of the public shalpermitted to address the Council or the staff from the audience, except at the discretthe Presiding Officer.

f) The Presiding Officer may call a recess if a speaker or group of speakers become unand/or interferes with the orderly conduct of the meeting. A portion or all of the pube removed if willful disruption makes conducting the meeting unfeasible; the press remain unless they participate in the disruption.

4.3.8 CONSENT AGENDA

The Consent Agenda is generally one of the first on the Council agenda and is provided expedite the meeting; therefore only items that are considered to be of a routine and non

with the rest of the Consent Agenda. There should be no objections at this time. Co


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g jMembers are encouraged to seek clarifications prior to the meeting (if at all possible

b) No Vote. When a Council Member wishes to pull an item simply to register a dissevote, a request should be made that the item be pulled for separate vote without

discussion. Such items will also be handled at the beginning of the meeting along wrest of the Consent Agenda.

c) Any item may be pulled by a Council Member for discussion. A member of the pubrequest the Council to pull an item for discussion.

d) Pulled items shall be heard at the close of the Consent Agenda unless a majority of Council chooses another time.

4.3.9 COUNCIL COMMUNICATIONSThe purpose of this time is to allow staff and Council to provide an update or share inforregarding a particular matter. Examples of appropriate communications would be informof general interest received from outside agencies and comments or inquiries received frindividuals or from the public, or requests to agendize future items. This time is not intefor action items.

If possible, written material connected with a particular communication item should be

provided to the City Manager sufficiently in advance of the meeting to be distributed wiregular agenda materials.

State law provides that Council can take action only on such matters that have been notileast three days in advance of the meeting, unless special circumstances are found to exiFormal action or approval on non-agendized items is not allowed, and such an item shouplaced on the agenda of the next regular meeting.

The communications period shall not exceed fifteen (15) minutes and speaking to a partiitem should be limited to five (5) minutes.

4.3.10 CLOSED SESSION ITEMS (Closed to the Public)

Closed Sessions are regulated pursuant to the Brown Act.

No member of the Council, employee of the City, or anyone else present shall disclose toperson the content or substance of any discussion which takes place in a closed session uauthorized by a four-fifths vote of the Council, or as otherwise required by law.

5 THE BROWN ACT

5.1 APPLICABILITY AND PENALTIES

6 ADVISORY BODY PROCEDURES


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6 ADVISORY BODY PROCEDURES

6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS

City Council Members shall not be appointed to advisory bodies to the Council.

6.2 COUNTY OR REGIONAL REPRESENTATION

Annually, the Mayor shall make appointments to a variety of County and/or regional committees boards. One member of the Council shall serve as a voting representative and one member shall as alternate. Voting delegates shall reflect the majority view of the Council as a whole, rather thaown personal opinions. It is recommended that Council Members appointed to the more complexpositions be considered for appointment for more than one year.

6.3 OTHER COUNCIL SUBCOMMITTEESCouncil may establish committees of no more than two members to address areas of concern and/study.

6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS

6.4.1 COUNCIL AGENDA REPORTS

a) Recommendation Differences. For those rare occasions when a staff recommendatidiffers from an advisory body recommendation, the difference should be clearly notseparate paragraph following the staff recommendation. The discussion section coninformation relating to the advisory body recommendation.

b) A minute order of the advisory body item is included as an attachment to the AgendReport.

6.5 COUNCIL MEETINGS

Members of the advisory body are free to appear and give testimony before the Council using themicrophone, after identifying whether they are speaking as a representative of the advisory body private citizen.

6.6 RECOMMENDATIONS

Recommendations or reports to the Council must be in written form.

6.7 ROLE OF CITY STAFF PERSON

Staff support and assistance may be provided or made available, but advisory bodies do not havesupervisory authority over City employees. While they may work closely with advisory bodies, smembers remain responsible to their immediate supervisors and ultimately to the City Manager anCity Council. The members are responsible for the functions of the advisory body.

ff l d f d d f d b f b k

CITY OF LAKE


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Lakeport RedevelopmCity of Lakeport Municipal Sew

STAFF REPORT

RE: Illegal Fireworks-Police Operations Plan MEETING DATE:

SUBMITTED BY: Brad Rasmussen, Interim Chief of Police

PURPOSE OF REPORT : Information only Discussion Action Item

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

The City Council is being asked to receive and file the illegal fireworks police operation plperiod surrounding the 4th of July (June 17 through July 16).

BACKGROUND:

Lakeport Municipal Code Chapter 5.30 Fireworks, sub 5.30.220(a) requires that the Police present to the City Council an operation plan. Said operation plan shall include the followi

(i) Identification of areas within the City where illegal fireworks were a problem in the p

(ii) A detailed explanation of the deployment of fire and law enforcement personnel to dtroublesome areas as well as with the balance of the City;

(iii) A report on the apparatus and personnel wholl be on duty for the period of June 17t16th of that year, and more particularly, on the 1st through the 5th of July, inclusive;

(iv) Recommendations on and discussion of what, if any, dedicated illegal fireworks enfothere should be for that year and all other relevant information and statistics deemed nCity Council.

DISCUSSION:

There are significant increases in the number of visitors to our city during the July 4th holid

30-day period surrounding it. The number of visitors to the city peaks on July 4th as manyenjoy fireworks related activities. In order to provide for proper public safety, the Police Dincreases its staffing levels as much as possible in the period surrounding July 4. During thon July 4th, the Police Department deploys all of our staff as well as mutual aid staff from oenforcement agencies in Lake County. The police department has developed the 2011 firew

SUGGESTED MOTIONS:

Motion to receive and file staff report including police operation plan.


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Attachments: Police Operation Plan for Illegal FireworksSafe and Sane Fireworks Information SheetLocations designated for Safe and Sane Fireworks


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POLICE OPERATIONS PLAN FOR ILLEGAL FIREWORKS

EFFECTIVEJUNE 17-JULY 16

(i) Identification of areas within the City where illegal fireworks were a problem in the previoyear.

The Police Department has identified the areas described as The Parklands and Was those areas most affected by illegal fireworks.

(ii) Detailed explanation of the deployment of law enforcement personnel to deal with thosetroublesome areas as well with the balance of the City.

The Police Department provides routine patrol to those areas which present the most probldaily basis when staffing levels permit and during the course of the patrol officers dutiesIncreased patrols with targeted enforcement will occur in specific areas when deemed nece

(iii) A report on the apparatus and personnel wholl be on duty for the period mentioned aboveand more particularly on the 1rst through the 5 th of July.

The Police Department will provide uniformed patrol to those areas described above throu17 and July 16 when staffing levels permit. As it relates to Independence Day the PoliceDepartment will set up a command post at City Hall and with the assistance of allied agencconduct a mass canvass of the Parklands utiliz ing officers on foot patrol. Officers a

the Parklands will directly target the troublesome areas and seek out illegal fireworks viOfficers will also be assigned to the remaining areas of the City, not demeaned as troublesopatrol units.

(iv) Recommendations on and discussion of what, if any, dedicated illegal fireworks enforcemepatrols there should be for that year.

The Police Department is coordinating, as in years past; with members of the Lakeport Fir

Department, Calif ornia Department of Forestry, Lake County Sheriffs Department, ClePolice Department, Lake County Probation Department, Lake County District Attorney-Investigations Division, California Highway Patrol and California State Parks-Law EnforcDivision-Clearlake Sector to provide personnel during Independence Day throughout theParklands and Willow Point. Patrol units will provide patrol coverage to the identified


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SAFE AND SANE FIREWORKS

A) HOURS OF DISCHARGE;

SAFE AND SANE FIREWORKS WILL BE PERMITTED IN THE CITY OF LAKEPORT ON THE FOLLOWING DATES:JULY 1: 9:00 AM TO 10:00 PM

JULY 2: 9:00 AM TO 10:00 PMJULY 3: 9:00 AM TO 10;00 PMJULY 4: 9:00 AM TO 11:00 PM

B) PLACES DESIGNATED FOR DISCHARGE :

DISCHARGE OF SAFE AND SANE FIREWORKS WILL BE PERMITTED ON

PARK STREET SOUTH OF SECOND STREET EXTENDING TO FIRST STREET DURING THE 4TH OF JULY PUBLIC DISPLAY AT LIBRARY PARK.

ALL OTHER DISCHARGES OF SAFE AND SANE FIREWORKS MUST ADHERTO LAKEPORT MUNICIPAL CODE SECTION 5.30.180, WHICH READS

IT SHALL BE UNLAWFUL FOR ANY PERSON TO IGNITE,DISCHARGE, PROJECT OR OTHERWISE FIRE OR USE ANY SAFEAND SANE FIREWORKS, OR PERMIT THE IGNITION, DISCHARGEOR PROJECTION THEREOF, UPON OR OVER OR ONTO THEPROPERTY OF ANOTHER WITHOUT HIS/HER CONSENT, OR TOIGNITE, DISCHARGE, PROJECT OR OTHERWISE FIRE OR MAKEUSE OF ANY SAFE AND SANE FIREWORKS WITHIN TEN (10) FEET

OF ANY RESIDENCE, DWELLING OR OTHER STRUCTURE USED AA PLACE OF HABITATION BY HUMAN BEINGS


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LOCATIONS DESIGNATED FOR SAFE AND SANE FIREWORKS

1) Park Street between Second Street and First Street.

2) Any street within the incorporated area of Lakeport which does not violate section5.30.180 B, which states IT IS UNLAWFUL FOR ANY PERSON TO IGNITE,DISCHARGE, PROJECT OR OTHERWISE FIRE OR USE ANY SAFE AND SANEFIREWORK, OR PERMIT THE IGNITION, DISCHARGE OR PROJECTION UPONOR OVER OR ONTO ANOTHERS PROPERTY WITHOUT HER/HIS PERMISSION

OR WITHIN 10 FEET OF ANY RESIDENCE, DWELLING OR OTHER STRUCTURUSED AS A PLACE OF HABITATION BY HUMAN BEINGS.

3) In years past, it was not uncommon to have Safe and Sane Fireworks in the Safeway, KmNylander Center, Shoreline Center and Vista Point parking lots; however, these are privaparking lots, and law enforcement does not have permission to allow such activities. Petook it upon themselves to use these lots without expressed or written consent.


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CITY OF LAKELakeport Redevelopm


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Lakeport RedevelopmCity of Lakeport Municipal Sew

STAFF REPORT

RE: Milling Project on Lakeport Boulevard MEETING DATE

SUBMITTED BY: Douglas Grider



The Council is being asked to authorize the Public Works Director to enter into contract wicontractor to mill off (grind) the existing open grade asphalt in Lakeport Boulevard.

BACKGROUND:

Over the past winter, heavy rainfall amounts have accelerated the deterioration of the open Lakeport Boulevard from the east boundary of the Cal-Trans right of way to Larrecou Lanedownhill portion of Lakeport Boulevard. The damage is beyond conventional repair methograde needs to be milled off and replaced with another wear surface.

DISCUSSION:

Mobilization costs for a project of this size could be as much or more than the cost to perfoIn order to save a substantial amount on the mobilization, staff is seeking a contractor workmilling machine already in our area. Working with a contract who already has a milling m

would result in a substantial cost savings to the City.

If a substantial cost savings could not be negotiated, staff would return to Council with an amost likely an RFQ for the work being purposed.

OPTIONS:

Approve or Deny staff request

FISCAL IMPACT:

None $5,000 Account Number: 990.320 ADA



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p pCity of Lakeport Municipal Sew

STAFF REPORT

RE: Building Permit Report MEETING DATE:

SUBMITTED BY: Community Development Department



The Council is being asked to review the Building Permit Report for informational purpose

SUMMARY:

Attached is a copy of the April 2011 building permit log and pending permits. The followiFiscal Year 2010/2011 for the Building Department:

Number of Permits 127Construction Value $3,626,544.76Permit Revenue $45,919.13

SUGGESTED MOTIONS:

Receive and file monthly Building Permit Report for April 2011.

Attachments: Monthly Building Permit Report for April 2011


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City of Lakeport Municipal Sew


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City of Lakeport Municipal Sew

STAFF REPORT

RE: RFP For Business Loan Servicing MEETING DATE:

SUBMITTED BY: Richard Knoll, CDD/Redevelopment Agency Director



The City Council is being asked to approve the issuance of a Request for Proposals (RFP) tconsultants for City Business Loan Consulting and Services.

BACKGROUND:

The City recently was awarded a CDBG grant to fund our business loan program. The Cityservices of a consulting firm to provide loan qualifying, processing, and servicing services.regulations require a competitive selection procedure to hire a consultant such as this.

DISCUSSION:

n/a

OPTIONS:n/a

FISCAL IMPACT:

None $40,000.00 Account Number:

Comments: Estimated contract amount to provide loan servicing over the life of the grant

SUGGESTED MOTIONS:Motion to authorize staff to issue an RFP for business loan consultants.


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Documents

051711 Lakeport City Council - Consent Agenda