071911 lakeport city council - council business

8/6/2019 071911 Lakeport City Council - Council Business

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CITY OF LAKEPORTCity Council

Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

STAFF REPORT

RE: Approve Resolution Authorizing Submittal of a HOMEGrant Application

MEETING DATE: 07/19/2011

SUBMITTED BY: Richard Knoll, Redevelopment, Housing & Economic Development Director

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 approval a City of Lakeport Resolution authorizing submittal of aHOME Grant application in the amount of up to $5.1 million for the proposed 48-unit Martin Street Senior

Affordable Apartment Project at 1075 Martin Street.

BACKGROUND:

In April of 2010, the City was approached by AMG and Associates and Pacific West Communities, Inc.regarding a proposed 48-unit Senior Affordable Apartment Project at 1075 Martin Street.

On May 4, 2010, the Redevelopment Agency voted to authorize staff to work with AMG in thedevelopment of the project pro-forma financial analysis, in developing the level of anticipated

Redevelopment Agency financial participation and in the preparation of an Owner Participation Agreement(OPA).

The proposed senior affordable project was approved by the Lakeport Planning Commission on August 16,2010 The proposed project involves construction of 48 residential units intended to be occupied by


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2010 The proposed project involves construction of 48 residential units intended to be occupied by

OPTIONS:

Approve resolution or choose not to approve.

FISCAL IMPACT:

None $ Account Number: Comments:

SUGGESTED MOTIONS:

Move to approve a Resolution of the City Council of the City of Lakeport authorizing the submittal of anapplication to the California State Department of Housing and Community Development for funding underthe HOME Investment Partnerships Program.

Attachments: Draft Resolution


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RESOLUTION NO. ________ (2011)A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LAKEPORT AUTHORIZING SUBMITTAL OF AN APPLICATIONTO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND

COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOMEINVESTMENT PARTNERSHIPS PROGRAM; AND, IF SELECTED,

THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS

THERETO, AND OF ANY RELATED DOCUMENTS NECESSARY TOPARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM

WHEREAS, the California Department of Housing and Community Development (theDepartment) is authorized to allocate HOME Investment Partnerships Program (HOME)funds made available from the U.S. Department of Housing and Urban Development (HUD).HOME funds are to be used for the purposes set forth in Title II of the Cranston-Gonzalez NationalAffordable Housing Act of 1990, in federal implementing regulations set forth in Title 24 of the Code of

Federal Regulations, part 92, and in Title 25 of the California Code of Regulationscommencing withsection 8200; and

WHEREAS, on June 1, 2011, the Department issued a 2011 Notice of Funding Availabilityannouncing the availability of funds under the HOME program (the NOFA) ; and

WHEREAS, in response to the 2011 NOFA, the City of Lakeport, a municipal corporation(the Applicant), wishes to apply to the Department for, and receive an allocation of, HOME

funds.

IT IS NOW THEREFORE RESOLVED THAT:


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The foregoing Resolution was passed and adopted at a regular meeting of the City Councilon the 19th day of July, 2011, by the following vote:

AYES:NOES:

ABSTAINING:ABSENT:

ATTEST:

The undersigned Janel M. Chapman, CityClerk of the City of Lakeport, does herebyattest and certify that the foregoing is a trueand full copy of a resolution of the governingboard of the applicant passed and adopted at

a duly convened meeting on the date set forthabove, and said resolution has not beenaltered, amended, or repealed.

____________________________________JANEL M. CHAPMAN, City Clerk

Dated: _____________________________

SUZANNE LYONS, Mayor

APPROVED AS TO FORM:

____________________________________STEVEN J. BROOKES, City Attorney

Dated: _____________________________


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STAFF REPORT

RE: MOU with AOC Regarding Access to the New CourthouseBuilding Site


SUBMITTED BY: Richard Knoll, CDD / Redevelopment Agency Director



The Council is being asked to consider the Memorandum of Understanding (MOU) regarding right-of-wayaccess to the proposed new Courthouse building on Lakeport Boulevard.

BACKGROUND:

Please see the attached staff report prepared for the May 17, 2011, City Council meeting. Afterconsideration, the City Council voted to approve the MOU with the words "if feasible" excepted. Therevised MOU was sent to the AOC and, unfortunately, the AOC was unable to accept that language. TheAOC prepared a revised version of the MOU proposed that the City build the road to serve the newCourthouse and the AOC would consider financial participation. This approach didn't seem acceptable tostaff and was rejected. The AOC is unable to purchase the Lakeport Boulevard site without the access

agreement.Since the last action on the MOU, there has been agreement by the AOC to fund a study of the feasibility ofconstructing a roadway along the eastern property line. Given the current status, it is recommended that theCity Council reconsider the original MOU to provide the AOC with a perpetual non-exclusive use of access


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STAFF REPORT

RE: MOU Between AOC and City Regarding Right-of-Way Access MEETING DATE: 05/17/2011

SUBMITTED BY: Richard Knoll, CDD/Redevelopment Agency Director



The Council is being asked to consider and approve a Memorandum of Understanding (MOU) regardingright-of-way access to the proposed new Lakeport Court Building.

BACKGROUND:In January 2011, the Lakeport City Council and the California Administrative Office of the Courts (AOC)entered into an agreement regarding development of the new Lakeport courthouse. One of the issuescovered in the MOU is the possible dedication of land for a new street through the site and southward.

The AOC, during their site acquisition and due diligence phase, used a title company to prepare a title reportwhich identified a concern about legal access from Lakeport Boulevard to the new court building property.The title company concern has to do with the fact that the subject property fronts on a portion of Lakeport

Boulevard land that at one time belonged to CalTrans and was relinquished by the state to the City whenHighway 29 was built. This relinquished land was then used by the City for Lakeport Boulevard. The Cityaccepted the CalTrans relinquishment but did not officially designate it as street right-of-way. This areaborders the subject site and actually may contain surplus area not needed for Lakeport Boulevard.


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FISCAL IMPACT:

None $ Account Number: Comments: No initial directexpenses are anticipated.

SUGGESTED MOTIONS:

Move to accept and approve the Memorandum of Understanding between the AOC and the City ofLakeport regarding right-of-way access to the site at 675 Lakeport Boulevard, authorize the City Manager toexecute, and direct staff to continue to investigate the feasibility of a new street through the subjectproperty.

Attachments: Proposed MOU


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JUDICIAL COUNCIL OF

CALIFORNIA

ADMINISTRATIVE OFFICE

OF THE COURTS

Public Information Office455 Golden Gate Avenue

San Francisco, CA 94102-3688

www.courts.ca.gov

415-865-7740

Lynn Holton

Public Information Officer

NEWS RELEASERelease Number: 29 Release Date: July 5, 2011

Judicial Council Meeting

Rescheduled for July 22One-week delay needed to study budget cuts

San FranciscoThe Judicial Council public meeting previously

scheduled for July 15, 2011, has been postponed by one week to Friday,

July 22 to allow sufficient time to study the effect of a $350 million

budget reduction on the California judicial branch.

The councils Trial Court Budget Working Group has been evaluating

how to allocate funding to the courts now that the state Legislature and

the Governor have reduced the judicial branch budget by $350 million for

the current 20112012 fiscal year. In addition, the budget sweeps $310

million from the Immediate and Critical Needs Account (SB 1407) of the

Judicial Branch Construction Fund and will place that amount in thestate's General Fund.


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RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO:

STATE OF CALIFORNIA

c/o Judicial Council of California

Administrative Office of the Courts

Office of Court Construction and Management

455 Golden Gate Avenue, 8th Floor

San Francisco, California 94102

Attn: Eunice Calvert-Banks, Manager, Real Estate

OFFICIAL STATE BUSINESSEXEMPT FROM RECORDING FEES PURSUANT TO GOV'T. CODE SECTION 27383 AND DOCUMENTARY TRANSFER

TAX PURSUANT TO REVENUE AND TAXATION CODE SECTION 11922.

APN(S):_025-521-41_____________; County of Lake

MEMORANDUM OF UNDERSTANDING

BETWEEN THE JUDICIAL COUNCIL OF CALIFORNIA,

ADMINISTRATIVE OFFICE OF THE COURTS AND THE CITY OF

LAKEPORT REGARDING RIGHT OF WAY ACCESS

THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and

entered into on this _____day of ______________, 2011, by and between the City of

Lakeport, a California municipal corporation (the City), and the State of California,acting by and through the Judicial Council of California, Administrative Office of the

Courts (theAOC)(each a Party and collectively, the Parties).


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D. The City is the owner of certain property along Lakeport Boulevard(Access Area) that is available for public use. The Access Area is more fully described

and depicted in the attached Exhibit A.

E. The AOC needs access, both during construction of the Project and aftercompletion of the Project, through the Access Area for the purpose of ingress and egress

and passage of automobiles, other vehicles and equipment to and from the Court Property

to Lakeport Boulevard.

F. The City is willing to grant access to the AOC for the convenient usethereof and in a right of direct and reasonable ingress to and egress from the CourtProperty, over the Access Area, to Lakeport Boulevard.

G. City represents the Access Area is usable and has not been terminated bymatters shown in public records, such as merger in chain of title, or by off-record matters

such as adverse possession, estoppels or surcharge.

NOW, THEREFORE, in consideration of the foregoing and for other good and

valuable consideration, the sufficiency of which is hereby acknowledged, the Parties

hereby agree as follows:

1. The City of Lakeport, a California municipal corporation hereby grants toAOC, a perpetual, non-exclusive use of the Access Area appurtenant to the Court

Property, for the purposes of allowing employees and representatives of the AOC,

together with the general public, to enter upon the Access Area, for access over, on,

across, and through the Access Area, for ingress and egress and the passage of

automobiles, other vehicles, and equipment to and from the Court Property to the public


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lights, cable television and telephone lines) through the Project site to provide

access to the new court building and on- site parking facilities.

4. This MOU may be amended only by written agreement signed by both ofthe Parties hereto. In the event that the Parties hereto mutually agree to terminate this

MOU, the Parties hereto agree to execute in a recordable form any documents requested

by either party acknowledging the partial or complete termination of the rights described

herein.

5. This MOU is an understanding of roles and responsibilities of the Partieshereto, and represents the intentions of each, subject to the conditions and approvalsdescribed herein.

6. This MOU contains the entire understanding of the Parties, and supersedesall previous communications, representations and understandings, whether verbal,

written, express, or implied, between the Parties regarding the subject matter of this

MOU.

7. The Parties agree to cooperate reasonably and in good faith with oneanother to implement the terms and provisions set forth in this MOU.

IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the

Effective Date.


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APPROVED AS TO FORM:

Office of the City Attorney,City of Lakeport

By: __________________________

Name: Steven Brookes

Title: City Attorney

Date: _________________________

CITY OF LAKEPORT, a political

subdivision of the State of California

By: ___________________________

Name: Margaret Silveira

Title: City Manager

Date: __________________________


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EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY


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AOC ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO

On ____________________ before me, ____________________, Notary Public,

personally appeared WILLIAM C. VICKREY, who proved to me on the basis of

satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the withininstrument and acknowledged to me that he/she/they executed the same in his/her/their

authorized capacity(ies), and that by his/her/their signature(s) on the instrument the

person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that

the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ________________________

(Seal)


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COUNTY ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LAKE

On ____________________ before me, __________________________, Notary Public,

personally appeared ______________________, who proved to me on the basis of

satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the withininstrument and acknowledged to me that he/she/they executed the same in his/her/their

authorized capacity(ies), and that by his/her/their signature(s) on the instrument the

person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that

the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _______________________

(Seal)


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STAFF REPORT

RE: Lake County Clean Water Program/City Representative MEETING DATE: 07/19/2011

SUBMITTED BY: Andrew Britton, Planning Services Manager



The City Council is being asked to designate the Planning Services Manager as the City's representative onthe Lake County Clean Water Program Advisory Council.

BACKGROUND:

The establishment of the Clean Water Program resulted from the Federal Clean Water Act and theassociated National Pollutant Discharge Elimination System (NPDES). The County of Lake and the twoincorporated cities are required to maintain a general NPDES permit to allow the discharge of storm waterinto Clear Lake and other related water bodies.

In 2004 the City of Lakeport, City of Clearlake, and the County of Lake agreed to jointly administer theLake County Clean Water Program by participating in the Lake County Clean Water Program Advisory

Council. The formal agreement for the joint administration of the Clean Water Program is outlined in theattached document.

The Advisory Council makes recommendations for the overall management and coordination of the CleanW P O h i i i i l d i l i i i i b d id i


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FISCAL IMPACT:

None $______ Account Number: Comments: The appointment to theAdvisory Council will not result in any fiscal impacts. The management and implementation of the CleanWater Program will result in ongoing costs to the City.

SUGGESTED MOTION:

Move to appoint the Planning Services Manager as the City's representative on the Lake County CleanWater Program Advisory Council.

Attachment: Lake County Clean Water Program Implementation Agreement


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STAFF REPORT

RE: Hiring Freeze Exemptions MEETING DATE: 07/19/2011

SUBMITTED BY: Kelly Buendia, Administrative Services Director



The City Council is being asked to approve exemptions from the hiring freeze for the following positions:Water Operator (or similar classification), Department Secretary (Part-Time), and Public Works Foreman.The City Council is also asked to receive a report on several reorganization items that appear in the budget.

BACKGROUND:

Due to Councilaction, all current positions when vacated must have Councilapproval for exemption fromthe hiring freeze to refill these positions.

DISCUSSION:

Utilities Department:Water Operator (or similar classification): Recognizingthe need to restore supervision within the Water Division,

the Water Supervisor position was included in the 2011-2012 budget with the intention of recruiting in-house only. This promotional opportunity would create a vacancy within the department, conceivably by aWater Operator or similar classification. Staff is requesting that the City Council approve the filling of a

l f b i l i h W S i i i


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Parks Foreman. This change would not only fill the vacancy, but also provide much needed supervision,accountability, and administration within the Parks Division. The City Council is asked to approve therecruitment and hiring of a Public Works Foremanto back-fill the vacancy left by the transfer.

Maintenance Worker: With the aforementioned losses, staff included a Maintenance Worker position to fill

gaps left by the vacancies. At this time, the Public Works Director would like to wait to recruit this positionand use temporary employees in the interim. Once all of the other changes to the department have beenaccomplished, he will request to recruit for the budgeted Maintenance Worker position.

Police Department:Police Lieutenant: With the promotion of Brad Rasmussen from Lieutenant to Chief of Police, the Lieutenantposition was not budgeted for the majority of 2010-2011. At this time, the position is requested to providemuch needed administration support and provide for a second-in-command in the absence of the Chief.

This position will be in-house promotional opportunity only. Any position vacated by this promotion willremain unfilled.

Police Officer: A vacant Police Officer position approved in the budget will remain vacant at this time.

OPTIONS:

Exempt positions from hiring freeze or deny exemption.

FISCAL IMPACT:

None $ Account Number:

Comments: The positions do not create a fiscal impact greater than the budgeted amounts.

Since the Department Secretary was budgeted as full-time, the hiring of a part-time Department Secretarywould result in salary and benefits savings of approximately $21,000 to $34,000 annually.

SUGGESTED MOTIONS:

Move to approve exemptions from the hiring freeze for the following positions: Water Operator (or thevacancy left by internal promotion to Water Supervisor), Department Secretary (Part-Time), and Public


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STAFF REPORT

RE: Enclosure of Office Space at City Hall MEETING DATE: 07/19/2011

SUBMITTED BY: Margaret Silveira, City Manager



The City Council is being asked to authorize the City Manager to proceed with a construction projectenclosing three office spaces in City Hall.

BACKGROUND:The City has been utilizing Carnegie Library for the City's Redevelopment Department, which now consistsof two positions. The restructuring of the Community Development Department has the RedevelopmentDirector's position merged with the Community Development Director's position. This now splits thedepartment between two buildings, and staff members within the department are also sharing their timebetween the divisions of redevelopment, planning, and building. The City is heating, cooling, andmaintaining Carnigie Library for one and one-half time positions, which is the Community DevelopmentDirector and the City Attorney. With the uncertainty of redevelopment funding and declined Cityrevenues, staff is constantly looking for alternatives that could be cost saving..

DISCUSSION:


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FISCAL IMPACT:

None $11,500 - $13,500 Estimated Account Number:Comments: $12,000 is budgeted in the 2011/12 budget in Public Works Building & Grounds

Budget. $7,500 has been brought forward from 2010/11 budget that was budgeted last year in finance forthe project. A total of $19,500 is budgeted for the project.

SUGGESTED MOTIONS:

Move to direct staff to proceed with City Hall office enclosure project.

Attachments: Sketch of proposed office spaces


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STAFF REPORT

RE: Applicable Uses for City's Transaction and Use Tax(Measure I), Fiscal Year 2011/2012


SUBMITTED BY: Dan Buffalo, Finance Director



The City Council is being asked to receive staff report on the applicable and appropriate uses of the City's1/2 cent transaction (sales) and use tax, also known as Measure I.

BACKGROUND:

Following adoption of the fiscal year 2011/2012 budget, Council requested that staff identify the applicableand appropriate uses for the City's 1/2 cent transaction and use tax, which was adopted by voters in 2004.

DISCUSSION:

A transaction and use tax is a form of local government revenue authorized by local, City voters through aballot measure. Commonly referred to as "Measure I," referencing its designation on the ballot in 2004, the

City's 1/2 cent transaction and use tax is a general tax requiring approval of only 50 percent plus one ofregistered voters. Unlike other forms of transaction and use taxation for specific projects (which require a2/3 voting majority for passage), revenue from Measure I can be used for any general government purpose.I f ll d h b ll i 2004 b M J hi h d b i l j i f i d d


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applicable and appropriate uses of Measure I proceeds given the language of the measures themselves(I and J) as well as the stated goals of the Council found in the adopted budget.

Specifically, staff used the following methodology: 1) budgeted projects, programs, and uses in fiscal year2011/2012 were identified; 2) total costs for those activities identified were outlined; 3) third-party fundingsources were matched to those activities; 4) each activity was analyzed to determine if it met the criteriaoutlined in Measures I and J; 5) the amount of general fund used for the project was calculated; and 6) aproportionate share of revenue from Measure I was allocated to each activity. The final report of staffrecommendations for Measure I use is attached as Attachment A.

Most of the activities identified as applicable and appropriate for Measure I use are road maintenance andconstruction projects. Without the availability of Measure I resources, those projects may not have beenfunded.

Estimated Measure I revenue for fiscal year 2011/2012 is $619,431.

OPTIONS:

1. Provide direction and feedback to staff as to the recommended uses of Measure I revenue.

FISCAL IMPACT:

None $ Account Number:

SUGGESTED MOTIONS:None.

Attachments: Attachment A: Eligible Measure I Costs

CITY OF LAKEPORT


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CITY OF LAKEPORT

FISCAL YEAR 2011/2012ATTACHMENT A

Eligible Measure I Costs

Fiscal Year 2011/2012

Measure I: Transaction and Use Tax

FY 2011/2012

$619,431

Cost

Other General

Fund Share

Other Financing

Sources

Recommended

Measure I Share

Final Identified

Measure I Share Total Funding

Hartley Street, SR2S $555,000 $540,000 $15,000 $555,000

Lakeshore Blvd., ER 55,000 49,000 6,000 $55,000

Lakeshore Blvd, HSIP 141,000 132,000 9,000 $141,000

Eleventh Street Cape Seal 125,000 125,000 $125,000

Main Steet Infill Design 77,000 77,000 $77,000

Lakeport Blvd Grind/Repave 60,000 60,000 $60,000Public Works: Streets 464,188 300,700 163,488 $464,188

Public Works: Parks 103,618 65,618 38,000 $103,618

Westshore Pool 100,651 80,651 20,000 $100,651

Personnel 445,484 383,541 61,943 $445,484

Police Vehicle Lease 73,000 29,000 44,000 $73,000

2,199,941 859,510 721,000 619,431 $0 $2,199,941

Measure I, passed by a simple majority (50% plus 1) of Lakeport voters in November of 2004, is a general (unrestricted) transaction and use tax. A general,

unrestricted tax is one that can be used to fund any program, function, service, or project at the discretion of the City Council. It is not a special, restricted tax,

which would require approval of two-thirds of the voting public. Measure J, passed in conjunction with Measure I, was a distinctly separate, advisory measureindicating the voting public's preference for the use of Measure I proceeds. The language for the two ballot measure was as follows:

Ballot Measure I:

Shall the City of Lakeport enact a one-half cent sales tax for City facilities, services and programs?

Advisory Measure J:

If Measure I is approved, should the proceeds fund repair and maintenance of City streets, park and community service facilities, and expand public services

and programs?

Fiscal Year 2011/2012 Adopted Uses and

Projects

Estimated Revenue

Measure I: Transaction and Use Tax

City of Lakeport 7/15/2011

071911 lakeport city council - council business

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