MINUTES

LAKEPORT CITY COUNCIL AND LAKEPORT REDEVELOPMENT AGENCY REGULAR MEETING
May 3, 2011
I II. WORKSHOP: CALL TO ORDER: ROLL CALL: The workshop began at 4:00 p.m. Discussion was held regarding Council Policies and Procedures. Mayor/Chairperson Lyons called the regular meeting of the City Council of the City of Lakeport and Lakeport Redevelopment Agency to order at 6:15 p.m. with Council/Agency Members Roy Parmentier, Robert Rumfelt, Stacey Mattina, and Tom Engstrom present. The Pledge of Allegiance was led by Administrative Services Director Kelly Buendia. A motion was made by Council/Agency Member Rumfelt, seconded by Council/Agency Member Parmentier, and unanimously carried by voice vote to accept the agenda as presented.

III. IV.

PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA:

V.

CONSENT AGENDA: A. B. C. D. E. Ordinances Warrants: Minutes: RDA Tax Increment Revenue Pass Through Payments Notice of Completion on Library Park Restroom Project Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code §36934. Approve warrants as listed on Warrant Register dated May 3, 2011. Approve minutes of the regular City Council meeting of April 19, 2011. Approve disbursements to the affected local taxing agencies and the Redevelopment Low-Moderate Housing Fund 219. Move to authorize the Mayor to execute the Notice of Completion, direct staff to file the Notice of Completion at the County Recorder's Office and on behalf of the City accept the project as complete. A motion was made by Council/Agency Member Parmentier, seconded by Council/Agency Member Engstrom, and unanimously carried by voice vote to approve the Consent Agenda as posted.

Vote on Consent Agenda

VI.

PUBLIC PRESENTATIONS/ REQUESTS: A. Citizen Input Betsy Cawn addressed the Council regarding emergency preparedness and the City’s Emergency Response Plan.

VII.

COUNCIL BUSINESS: A. City Engineer: 1. Parallel Drive Water Main Extension Project - Award Contract B. Finance Director Interim Finance Director Buffalo updated the Council regarding the Franchise Tax Board's City Business Tax Program. A motion was made by Council/Agency Member Engstrom, seconded by Council/Agency Member Mattina, and unanimously carried by voice vote to authorize the contract with Ruzicka Engineering and authorize the City Manager or her designee to execute it.

VIII.

1. Update on Council Request Regarding the California Franchise Tax Board City Business Tax (CBT) Program CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports:

City Engineer Harter reported that the final invoice for the ARRA project has gone out. We should be receiving about $500,000. The High Street Chip Seal Project will probably go to construction at the end of the month.

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Interim Police Chief Rasmussen indicated that the Indian Gaming money application has gone in. He also reported that a wild boar was killed near Del Lago as it was acting aggressively. Administrative Services Director Buendia reported that open enrollment for insurance will be May 20 through June 10. Notifications will be going out. Public Works Director reported that the final work on the restroom project is being done, the aqua dams have been taken down, and the parks are being prepared for the upcoming season. Interim Finance Director Buffalo delivered the Third Quarter Financial Report. Utilities Director Brannigan reported that May 7 is the shoreline cleanup at 1:00 p.m. at the Yacht Club. Food will be available. He also reported that he will be addressing the schools regarding protecting the environment. Community Development Director Knoll reported that the Main Street Association’s annual Downtown Cleanup will be done May 21. City Manager Silveira thanked everyone for their cards and flowers during the past couple of weeks. The League is sponsoring Legislative Days on May 17 and 18. If anyone wants to go, they should let the City Manager know. Council Member Mattina reported that she attended a dinner for the Outdoor Writers Association of California. Some of the writers indicated that we have a great small town. There were several good reviews. Council Member Mattina asked about policies for contracts. A workshop on this can be done in June. Council Member Engstrom reported that Grillin’ on the Green will be on Saturday, August 6, and wants to know if the Council Members would like to participate. He will follow up. Mayor Lyons reported that CLAS will be meeting this Friday. Mayor Lyons will not be able to attend the next LAFCO meeting and asked that Council Member Rumfelt attend. Council Member Rumfelt reported that there is a person with a big boat in several cars in front of and around the house on Eleventh Street. There is also a house on High Street just before the library that in the past has been blighted. A lot of work is being done now, and Council Member Rumfelt would like to see us give them a certificate of beautification. There is a League meeting in Ukiah on Friday, May 13. Council Member Rumfelt will be attending. City Manager Silveira and Interim Police Chief Rasmussen will also be attending. Council Member Rumfelt reported that there will be an Invasive Species meeting here at May 16. They will also be doing a training here on Monday, May 9, at 6:00 p.m. IX. CLOSED SESSION: The meeting was adjourned to closed session at 6:53 p.m. pursuant to Government Code Section 54957(e) – Public Employee Performance Evaluation – City Manager; and pursuant to Government Code Section 54956.9(a) – Conference with Legal Counsel – Existing Litigation, Paradise v. Ferguson, Case No. CV 11-00375 RS; and pursuant to Government Code Section 54956.8 – Conference with Real Property Negotiator. Property at 902 Bevins Court, Lakeport, CA. Negotiating parties: City Manager and Richard J. White. Under Negotiation: Price and Terms.

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X.

REPORT FROM CLOSED SESSION:

The meeting reconvened to open session at 7:35 p.m. It was reported that Council Member Mattina recused herself from discussion regarding the real property negotiations at 902 Bevins Court due to a conflict, and she left the room. Staff was given direction. Direction was given that the Mayor is authorized to execute the Stipulation for Dismissal of Party in Paradise v. Ferguson, et al. United States District Court Case No. CV 11-00375 RS.

XI. ATTEST

ADJOURNMENT:

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

____________________________________ JANEL M. CHAPMAN, City Clerk

___________________________________________ SUZANNE LYONS, Mayor

CITY OF LAKEPORT COUNCIL POLICIES AND PROCEDURES MANUAL

ADOPTED MAY 17, 2011

CITY COUNCIL POLICIES AND PROCEDURES TABLE OF CONTENTS
1 INTRODUCTION AND OVERVIEW .......................................................................................................................1 1.1 INTRODUCTION ..........................................................................................................................................1 1.2 PURPOSE OF POLICIES AND PROCEDURES MANUAL .................................................................................1 1.3 OVERVIEW OF DEPARTMENTS ...................................................................................................................1 2 INTERACTION AND COMMUNICATION WITH CITY STAFF/OFFICIALS ................................................................1 2.1 OVERVIEW ..................................................................................................................................................1 2.2 COUNCIL/MANAGER RELATIONSHIP ..........................................................................................................2 2.3 CITY COUNCIL/CITY ATTORNEY RELATIONSHIP..........................................................................................2 2.4 COUNCIL/STAFF RELATIONSHIPS AND CONDUCT ......................................................................................2 2.4.1 2.4.2 2.4.3 2.4.4 2.4.5 2.4.6 3 INTENT .......................................................................................................................................2 GUIDELINES FOR COUNCIL MEMBERS .......................................................................................2 DIRECTION TO STAFF .................................................................................................................2 GUIDELINES FOR STAFF ..............................................................................................................3 ACCESS TO INFORMATION .........................................................................................................4 STAFF ROLES ..............................................................................................................................4

COUNCIL POWERS AND APPOINTMENTS...........................................................................................................4 3.1 CITY COUNCIL GENERALLY .........................................................................................................................4 3.2 COUNCIL COMMUNICATIONS ....................................................................................................................5 3.3 CORRESPONDENCE FROM COUNCIL MEMBERS ........................................................................................5 3.3.1 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT .......................6

3.4 PRESS & NEWS MEDIA RELATIONS ............................................................................................................6 3.5 MAYOR – POWERS AND DUTIES ................................................................................................................6 3.6 APPOINTMENT OF MAYOR PRO TEM.........................................................................................................6 3.7 FILLING COUNCIL VACANCIES ....................................................................................................................6 3.7.1 CREATING OF VACANCIES ..........................................................................................................6

3.7.2 3.7.3 3.7.4 3.7.5 3.7.6 3.7.7 4

INCOMPATIBLE OFFICES ............................................................................................................7 APPOINTMENT OR SPECIAL ELECTION.......................................................................................7 PUBLIC APPOINTMENT ..............................................................................................................7 ADVERTISE FOR APPLICANTS .....................................................................................................7 QUALIFICATIONS ........................................................................................................................7 PUBLIC MEETING........................................................................................................................8

MEETING GUIDELINES AND PROCEDURES .........................................................................................................8 4.1 MEETING SCHEDULE ..................................................................................................................................8 4.1.1 4.1.2 4.1.3 4.1.4 4.1.5 4.1.6 4.1.7 4.1.8 MEETINGS OF COUNCIL .............................................................................................................8 QUORUM ...................................................................................................................................8 REGULAR MEETINGS ..................................................................................................................8 COUNCIL WORKSHOPS (Open to the Public) .............................................................................9 SPECIAL MEETINGS ....................................................................................................................9 EMERGENCY MEETINGS .............................................................................................................9 TIPS ON THE DAIS.......................................................................................................................9 USE OF COUNCIL CHAMBERS .....................................................................................................9

4.2 AGENDA................................................................................................................................................... 10 4.2.1 4.2.2 4.2.3 4.2.4 4.2.5 4.2.6 4.2.7 4.2.8 4.2.9 ESTABLISHING THE COUNCIL AGENDA ................................................................................... 10 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER) ..................................................... 10 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) ...................................................... 10 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)................................................................. 10 EMERGENCY ITEMS ................................................................................................................. 11 RECONSIDERATION ................................................................................................................. 11 ORDER OF BUSINESS: .............................................................................................................. 11 AGENDA PACKET ..................................................................................................................... 11 NOTIFICATION AND ADVERTISING.......................................................................................... 11

4.3 MEETING PROCEDURES........................................................................................................................... 12

4.3.1 4.3.2 4.3.3 4.3.4 4.3.5 4.3.6 4.3.7 4.3.8 4.3.9 4.3.10 5

PRESIDING OFFICER ................................................................................................................ 12 SIGNING OF CITY DOCUMENTS ............................................................................................... 12 DISCUSSION RULES ................................................................................................................. 12 MINUTES OF COUNCIL MEETINGS .......................................................................................... 13 PARLIAMENTARY PROCEDURE................................................................................................ 13 VOTING PROCEDURES............................................................................................................. 14 PUBLIC COMMENT (Written and Oral) ................................................................................... 14 CONSENT AGENDA .................................................................................................................. 15 COUNCIL COMMUNICATIONS................................................................................................. 16 CLOSED SESSION ITEMS (Closed to the Public) ....................................................................... 16

THE BROWN ACT ............................................................................................................................................. 16 5.1 APPLICABILITY AND PENALTIES ............................................................................................................... 16

6

ADVISORY BODY PROCEDURES ....................................................................................................................... 17 6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS ...................................................................................... 17 6.1.1 6.1.2 6.1.3 6.1.4 6.1.5 APPOINTMENTS TO COUNCIL SUBCOMMITTEES ....................... Error! Bookmark not defined. ROLE ............................................................................................ Error! Bookmark not defined. COMMUNICATION ...................................................................... Error! Bookmark not defined. EDUCATION ................................................................................. Error! Bookmark not defined. ATTENDANCE .............................................................................. Error! Bookmark not defined.

6.2 COUNTY OR REGIONAL REPRESENTATION.............................................................................................. 17 6.3 OTHER COUNCIL SUBCOMMITTEES ........................................................................................................ 17 6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS ............................................................... 17 6.4.1 COUNCIL AGENDA REPORTS ................................................................................................... 17

6.5 COUNCIL MEETINGS ................................................................................................................................ 17 6.6 RECOMMENDATIONS .............................................................................................................................. 17 6.7 ROLE OF CITY STAFF PERSON .................................................................................................................. 17

CITY OF LAKEPORT CITY COUNCIL POLICIES AND PROCEDURES
1
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 should be primary concerns. The Mayor and Council members must assure fair and equal treatment of all persons, claims, and transactions coming before them. The scope of services and issues addressed by the City Council go well beyond those frequently reported in the newspaper or discussed at City Council meetings. Through the policies set forth by the Council, the City is provided with values and guidance. 1.2 PURPOSE OF POLICIES AND PROCEDURES MANUAL This Policies and Procedures Manual has been prepared to assist the City Council by documenting accepted practices and clarifying expectations. Through agreement of the City Council and staff to be 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 practices can be clearly expressed to guide Council members in their actions. 1.3 OVERVIEW OF DEPARTMENTS Day-to-day operations are handled by the City’s departments. Currently, the City is separated into several departments which provide a wide range of services to the citizens. These services range from street pothole repairs to building inspections to parks and recreation. The departments report to the City Manager so that he/she can keep the City Council aware of operational issues of importance and city-wide concerns. The following is a list of these departments: Administration (City Manager, City Clerk, Administrative Services Director) City Attorney Community Development (Planning, Building) Engineering Finance Police Public Works (Streets, Parks) Redevelopment/Housing Utilities (Water, Sewer)

INTRODUCTION AND OVERVIEW

2 2.1

INTERACTION AND COMMUNICATION WITH CITY STAFF/OFFICIALS

OVERVIEW The City Council policy is implemented through professional staff. Therefore, it is critical that the relationship between Council and staff be well understood by all parties so policies and programs may be implemented successfully. The City of Lakeport strives to maintain positive relationships between members of the City Council and staff. To maintain these effective relationships, it is important that roles are clearly recognized.

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2.2

COUNCIL/MANAGER RELATIONSHIP The employment relationship between the City Council and City Manager honors the fact that the City Manager is the chief executive officer of the City. Council and the City Manager are a participatory team and the City Council should avoid situations that can results in City staff being directed, intentionally or unintentionally, by one or more members of the City Council. Regular communication between the City Council and City Manager is important in maintaining open communications. All dealings with the City Manager, whether in public or private, should respect the authority of the City Manager in administrative matters. Disagreements should be expressed in policy terms, rather than in terms which question satisfaction with or support of the City Manager. As in any professional relationship, it is important that the City Manager keep the City Council informed. The City Manager respects and is sensitive to the political responsibility of the City Council and acknowledges that the final responsibility for establishing the policy direction of the City is held by the City Council. The City Manager communicates with the City Council in various ways. A copy of the weekly staff meeting notes summarizing current and future activities by each department is forwarded to the City Council. Communication must be undertaken in such a way that all Council members are treated similarly and kept equally informed. It is equally important that the Council provide ongoing feedback, information, and perceptions to the City Manager, including some response to written communication requesting feedback.

2.3

CITY COUNCIL/CITY ATTORNEY RELATIONSHIP The City Attorney is the legal advisor for the City Council, City Manager, and department heads. The City Attorney provides legal assistance necessary for formulation and implantation of legislative policies and projects. He/she also keeps the City Council and staff apprised of court rulings and legislation affecting the legal interests of the City It is important to note that the City Attorney does not represent individual members of the Council, but the City Council as a whole.

2.4

COUNCIL/STAFF RELATIONSHIPS AND CONDUCT 2.4.1 INTENT The full City Council, as a whole, retains power to accept, reject, amend, influence, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, departmental priorities, and the performance of City business. Should a Council member become dissatisfied about a department, he/she should always talk it over with the City Manger, not the department head. Concerns about the department head must be taken to the City Manager only. Individuals are encouraged to initiate resolution of problems as soon as possible and not let them fester. This section addresses the relationship and conduct between City Council members and staff with the intent of the Council to: (1) affirm that governing shall be by will of the collective Council, and (2) establish guidelines for Council and staff to ensure orderly, consistent and open City government. 2.4.2 GUIDELINES FOR COUNCIL MEMBERS The Council shall recognize that the primary functions of staff are to execute Council policy and actions taken by the Council and to keep the Council informed. 2.4.3 DIRECTION TO STAFF Generally, Council Members shall make requests for work to be done through the City Manager. Individual members of the Council shall make no attempt to pressure or influence staff decisions, staff recommendations, workloads, schedules, or executing departmental priorities

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without the prior knowledge and approval of the Council as a whole. This is necessary to protect staff from undue influence and pressure from individual Council members and to allow staff to execute priorities given by management and the Council as a whole without fear of reprisal. 2.4.4 GUIDELINES FOR STAFF Staff shall recognize that its primary function is to execute Council policy and to keep the Council informed. Staff shall present the Council with all relevant information, as well as alternatives, in an objective, succinct manner. The City Manager and staff are committed to treating each Council Member equally. 2.4.4.1 TIMELY RESPONSE City staff will make every effort to respond in a timely and professional manner to all requests made 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 workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council. 2.4.4.2 DIRECTION FROM COUNCIL Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management superiors as may be the case. Staff is directed to discourage any attempts by individual members of the Council to unduly influence or otherwise pressure them into making, changing, or otherwise suppressing staff decisions or recommendations, or changing departmental work schedules and priorities. Staff shall report any such attempts to influence them in confidence to the City Manager, who may inform the Council as a whole of such attempts. 2.4.4.3 SUPPORT STAFF TO INDIVIDUAL COUNCIL MEMBERS An exception to the above guidelines may be staff work required in support of a Council member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on a Joint Powers Authority), or relative to 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 involves written material that may be of interest to other Council members, the City Manager will provide copies of the material to all other Council members. In making this judgment, the City Manager will consider whether the information is significant or new or otherwise not available to the Council or of interest to the Council. 2.4.4.5 SIGNIFICANT INFORMATION Any information, service-related needs, or policy positions perceived as necessary by individual Council members, which cannot be fulfilled per the above guidelines, should be raised by the individual Council member under the “Council Communications” category of a regularly scheduled City Council meeting. If so directed by the collective action of the Council, then staff will proceed to complete the work within Council established deadlines.

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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 whole have free access to information from the City and to insure that such information is communicated completely and with candor to those making the request. Council members shall make routine requests for information through the appropriate department head. Complex or comprehensive requests for information shall be made through the City Manager. There are limited restrictions when information cannot be provided. There are legal restrictions on the City’s ability to release certain personnel information even to members of the City Council. Certain aspects of Police Department affairs (access to restricted or confidential information 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 critical that they make extensive use of staff and commission reports and commission minutes. Council members should come to a meeting prepared—having read documents as well as additional information or a memorandum that includes an update on major projects or evolving issues. Additional information may be requested from staff, if necessary. In all cases where staff response to an individual Council member request involves written materials which may be of interest to other Council members, the City Manager will provide copies of the material to all other Council members. In making this judgment, the City Manger will consider whether the information is significant, new, otherwise not available to the Council, or of interest to the Council.

2.4.6

STAFF ROLES Staff shall recognize that its primary function is executing Council policy and actions taken by the Council and in keeping the Council informed. Staff shall present the Council with all relevant information, as well as alternatives, in an objective, succinct manner. Staff is obligated to take guidance and direction only from the Council as a whole or from the appropriate management supervisors. Staff is directed to discourage any attempts by individual members of the Council to unduly direct or otherwise pressure them into making, changing or otherwise influencing recommendations. The City Manager and staff are committed to treating each Council member equally. City staff will make every effort to respond in a timely and professional manner to all requests made 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 workload or policy, which would require that it would be more appropriately assigned to staff through the direction of the full City Council.

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3.1

COUNCIL POWERS AND APPOINTMENTS

CITY COUNCIL GENERALLY The City of Lakeport operates according to the Council-City Manager form of government which vests authority in an elected City Council which, in turn, appoints a City Manager. The City Council is composed of five members elected at-large (the city is not divided into represented districts) on a nonpartisan basis to serve overlapping four-year terms. At the first meeting in December, the City Council shall appoint one member to serve for one year as Mayor, serving as the presiding officer at City

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Council meetings and as the official head of the City for legislative and ceremonial purposes. The Council shall also appoint a Mayor Pro Tem for a one-year term. The City Council is the City’s legislative and policy-making body. Acting as a whole, the City Council is responsible for passing ordinances and orders necessary for the governing of the City, as well as for setting the direction of City policy. The City Manager, with the help of City staff, provides the City Council with the information needed to fulfill its policy-making role. The Council-City Manager form of government separates legislative and executive responsibilities. The system provides “checks and balances” of both policy and administrative branches of government by limiting the power of each. 3.2 COUNCIL COMMUNICATIONS One of the most fundamental roles of a Council member is communication—communication with the public to assess community opinions and need and communication with staff to provide policy direction and to gain an understanding of the implications of various policy alternatives. Because the City Council performs as a body (that is, acting based on a will of the majority as opposed to individuals), it is important that the general guidelines be understood when speaking for the Council. Equally important, when members are expressing personal views and not those of the Council, the public should be so advised. When members are requested to speak to groups or are asked the Council’s position on an issue, the response should reflect the Council as a whole. Of course, a member may clarify their vote on a matter by stating “While I voted against the issue, the City Council voted in support of it.” When representing the City at meetings or other venues, it is important that those in attendance gain an understanding of the City Council’s 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 public agencies. Typically, the Mayor will be charged with transmitting the City’s position on policy matters to outside agencies on behalf of the City Council. Individual members of the Council may also prepare letters for constituents in response to inquiries or to provide requested information. City letterhead is available 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 Council has yet to take a position or about an issue for which the Council has no position. In these circumstances, members should clearly indicate within letters that they are not speaking for the City Council as a whole, but for themselves as one member of the Council. City letterhead and office support may be utilized in these circumstances. After the City Council has taken a position on an issue, official correspondence should reflect this position. While members, who may disagreement with the position, are free to prepare correspondence on such issues as private citizens, City letterhead, official Council title, and staff support should not be utilized. In addition, City letterhead and staff support cannot be utilized for personal or political purposes. Council members are often asked to prepare letters of recommendation for students and others seeking employment or appointment. The letter should be written in such a manner as to make it clear that it is not being written on behalf of the entire Council. It is appropriate for individual Council members to utilize City letterhead and their Council titles for such letters. No review by the full Council is required. Because it is a public record, a copy of the letter should be provided to the City Clerk.

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3.3.1

ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT AND THE BROWN ACT City email is no less a part of “official City business” than any other written correspondence, and there is no expectation of privacy for City email messages. Good judgment and common sense should therefore prevail at all times regarding its appropriate use. City email is subject to disclosure under the Public Records Act and is subject to requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council or the public or staff, great care should be taken to avoid the use of email to contact a majority of the Council, either individually or serially, “in a connected plan to engage in collective deliberation on public business.”

3.4

PRESS & NEWS MEDIA RELATIONS Council members may receive occasional inquiries from media. If a Council Member would prefer not to respond, he/she should direct media inquiries to the City Manager. If a Council Member does grant an interview, he/she should not go “off the record” and cannot discuss confidential or unreportable information. Public information is to be freely and openly provided to members of the press. Responses to telephone inquiries should be limited to answering questions. Requests for research or a report requiring additional staff time should be referred to the City Manager’s office.

3.5

MAYOR – POWERS AND DUTIES a) The Mayor shall preside at all meetings of the City Council and shall preserve strict order and decorum at all meetings of the Council, announce the Council’s decisions on all subjects, and decide all questions of order. b) The Mayor performs such other duties consistent with the office as may be imposed by the Council. The Mayor shall be entitled to, and must vote when present, but shall possess no veto power. As presiding officer of the Council, the Mayor will faithfully communicate the will of the Council majority 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 for any member of the community designated to have made significant contributions to the City of Lakeport in accordance with recognized customers or practices not inconsistent and State and Federal law. e) The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law 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 Mayor, the Mayor Pro Tem shall possess and perform the powers and duties of the Mayor.

3.7

FILLING COUNCIL VACANCIES 3.7.1 CREATING OF VACANCIES An office may become vacant before the expiration of a term due to the following circumstances. a) Death b) Physical or mental incapacitation due to disease, illness, or accident c) Removal from Office

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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 when prevented by sickness, or when absent from state with permission) (Government Code §36513) 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) j) 3.7.2 Commitment to a hospital or sanitarium as a “drug addict, dipsomaniac, inebriate, or stimulant addict” Resignation

INCOMPATIBLE OFFICES Acceptance by a public officer of another office, which is incompatible with the first thereby vacates the first office. This is triggered if the following two elements are present: (1) The official holds two public offices simultaneously; and (2) There is a potential conflict between the duties 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 replacement member to the Council within 30 days of the occurrence of the vacancy. If the Council fails to fill the vacancy within thirty (30) days of its occurrence, it shall call a special municipal election to fill the vacancy, to be held not sooner than ninety (90) days or not later than one hundred fifty (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 the Council process 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 for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof and requesting applications from those persons interested in being appointed.

3.7.6

QUALIFICATIONS Although the only two established minimum qualifications for appointment are (1) residency in the City for at least 30 days prior to the appointment, and (2) voter registration at the time of appointment, each applicant shall be encouraged to submit a written statement of 200 words or less covering at least the following areas: a) The amount of time available each week to devote to the Council b) Reasons for wanting to be appointed c) Involvement in community affairs and organizations d) Personal qualifications for the position e) Prior experience in government or areas associated with or doing business with government

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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 Council 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 least four days before the opening of the meeting. c) Members of the public may submit written comments regarding an application at any time up to 24 hours before the meeting begins. d) At the meeting, each applicant wishing to serve should be present to verify that he/she would be willing to serve if appointed, and that he/she is a resident of the City. Each candidate 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 directed by the Council to staff or members of the public. f) Upon the conclusion of the discussion, the Mayor shall open the floor to nominations by the remaining Council Members. All nominations, seconding, and voting shall be done audibly in public.

g) If the Council is unable to reach consensus on the appointment and further consideration is required, the Council may adjourn the initial meeting to a subsequent meeting within 30 days of the occurrence of the vacancy to attempt to reach a decision.

4
4.1 MEETING SCHEDULE 4.1.1

MEETING GUIDELINES AND PROCEDURES

MEETINGS OF COUNCIL The Council shall provide by ordinance the time and place of holding meetings and the manner in which special meetings may be called. Public interest and convenience shall be primary considerations 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 public.

4.1.2

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

4.1.3

REGULAR MEETINGS a) Regular meetings dates are set by Ordinance. b) Regular meetings shall be held in the Council Chambers, 225 Park Street, in the City of Lakeport. c) Regular meetings shall be between the hours of 6:00 p.m. and 10:00 p.m. It shall be the policy of the City Council to complete meetings, including closed sessions, by 10:00 p.m. unless a majority of the Council elects to continue past the adjournment hour. If at the hour of 10:00 p.m. the City Council has not conducted its business, the Council will review the balance of the agenda and determine whether to extend the meeting beyond the hour of 10:00 p.m., continue any remaining items, or adjourn the meeting to another date and time.

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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, advisory bodies or consultants, the public, and the City Council regarding specific programs, projects, or policies. b) Workshops will be held at a time and place within the City limits and convenient to Council and advantageous for public participation. c) Participation of the public shall be at the discretion of the Mayor, upon consensus of the Council. 4.1.5 SPECIAL MEETINGS a) Special meetings may be called by the Mayor or three members of the City Council. Written notice of each special meeting must be given not less than twenty-four (24) hours before each meeting to each member of the City Council. b) Written notice must be given to the media twenty-four (24) hours prior to each meeting. 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. Such meetings shall be held within the city limits. Notice requirements of the Brown Act shall be complied with for any such meeting; regular minutes shall be taken by the City Clerk or her designee and shall be available for public inspection. 4.1.6 EMERGENCY MEETINGS Emergency meetings may be called without the normal 24-hour notice and posting requirements if prompt action is required due to the disruption or threatened disruption of public facilities. Only work stoppages, crippling disasters or other activities that severely impair the 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 provides microphones at the dais, staff tables, and podium. There are several issues related to the sound system which are important to keep in mind: a) Turn the microphone on when you want to talk, and speak directly into the microphone. 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 from the audience as they cannot always be heard. 4.1.8 USE OF COUNCIL CHAMBERS a) The City Clerk, or designee, is responsible for maintaining a calendar on the use of the Council Chamber and all requests for reservations shall be cleared through the administrative office. b) When a question arises regarding permission for any group to use the facility, the City Manager shall have the authority to make the final decision. The following rules are established as a guide:
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1) Use of the Council Chambers by City commissions, committees, and other advisory bodies shall take precedence over any other group or agency. 2) Regularly scheduled meetings by other agencies and groups shall be discouraged. 4.2 AGENDA 4.2.1 ESTABLISHING THE COUNCIL AGENDA The purpose of the agenda is to provide a framework within which Council meetings can be conducted and to effectively implement the approved Council Goals, Financial Plan and Budget, and also work programs, objectives, and business of the City as established by the present or earlier City Councils. Agenda items also include recommendations to the City Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing procedures, and mandates from other levels of government. Staff shall work within the policy context established by the Council and will not arbitrarily place matters on the agenda that are outside the scope of existing work programs of the City, except as approved by the Mayor or through the City Manager who is required to inform and advise the Council of matters necessary to the proper operations and well-being of the City. The process for determining the format and order of the agenda is based primarily on the order of business adopted by the City Council (See Section I.B.7). The process for establishing the order of specific business and public hearing items is a collaborative one determined largely by anticipated public attendance (those matters involving greater audience attendance are usually scheduled ahead of other items). The final agenda is set subject to approval of the City Manager. 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 a request, orally or in writing, to consider the matter and by discussing the request during the Communications section of the regular agenda. Upon consensus of a majority of the Council, staff will prepare a staff report if formal Council action is required. An individual Council Member may place an emergency item on the agenda with a minimum of 72 hours legal notice and a memorandum from the City Council Member to the Council and staff setting forth the substantive issues of the item. For the purpose of this paragraph, emergency shall arise in those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the Council Member subsequent to the distribution of the agenda. 4.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES) Recommendations made by advisory bodies as part of their normal scope of duties and responsibilities shall be timely placed on the City Council agenda by staff, who shall comply with the City’s approved Council Agenda Preparation Policy. 4.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC) During Citizens’ Input, a member of the public may request an item be placed on a future agenda, and upon consensus of a majority of the Council, a staff report will be prepared and approved by the City Manager or his/her designee.

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4.2.5

EMERGENCY ITEMS Emergency items may be placed on the agenda only in accordance with state law. Generally, only those matters affecting public health or safety may be considered emergency in nature. A four-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 extraordinary situations, a request to reconsider an action taken by the City Council may be considered. The request must be presented by a Council Member who voted with the majority at the Council meeting at which the original vote was taken. The vote may be reconsidered during that meeting, but no later than the next Council meeting. Debate is limited to the question of whether or not there is a majority interested in reconsidering the matter. If a majority of the Council votes to reconsider an action, the matter will be placed on the next or future agenda.

4.2.7

ORDER OF BUSINESS: a) Call to Order b) Roll Call c) Pledge of Allegiance d) Consent Agenda e) Public Comment (Items not appearing on the agenda) f) Presentations

g) Public Hearings h) Redevelopment Agency Items i) j) CLMSD Items Business Items

k) Council Communications l) 4.2.8 Closed Session

AGENDA PACKET All written communications to be submitted to the City Council for inclusion in the agenda packet for consideration at a meeting shall be delivered to the City Clerk no later than ten (10) days 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 background materials shall be delivered to each Council member no later than the Friday preceding the Council meeting. A copy shall also be posted on the website so as to be available to the press and public. A copy shall also be made available in the City Clerk’s office on Friday afternoon preceding the Council meeting and in the Council Chambers during each meeting.

4.2.9

NOTIFICATION AND ADVERTISING The City will advertise all matters where advertising is required by law and will additionally attempt to publicize significant neighborhood or community public interest items that appear on a City Council or Planning Commission agenda. Said advertisement may include location maps, project descriptions, and posting of property, if required, written in plain English in order

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to fully inform all interested individuals. All advertising shall be accomplished in an economical manner. 4.3 MEETING PROCEDURES 4.3.1 PRESIDING OFFICER The Mayor is the Presiding Officer and acts as Chair at Council meetings. In the absence or incapacity of the Mayor, the Mayor Pro Tem will serve as the Presiding Officer. In the absence of the Mayor and Mayor Pro Tem, the City Clerk shall call the meeting to order, whereupon a temporary presiding officer shall be elected by the members of the Council who are present. 4.3.2 SIGNING OF CITY DOCUMENTS The Mayor, unless unavailable, shall sign all ordinances, resolutions, contracts, and other documents which have been adopted by the City Council and require an official signature, except when the City Manager has been authorized by Council action to sign documents. In the event 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 and gain recognition. 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 questions to the designated staff member. c) Interruptions 1) Once recognized, a Council Member shall not be interrupted while speaking, except to make a point of order or personal privilege. 2) If a Council Member is called to order while speaking, the individual shall cease speaking until the question of order is determined. 3) Upon being recognized by the Presiding Office, members of staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer d) Limitation on Discussion 1) No Council Member shall speak more than once on a particular subject until every other council Member has had the opportunity to speak. Council Members are encouraged to discuss items during the decision-making process. e) Tabling Procedure 1) If a motion is made to table a matter, discussion will stop immediately and a vote on the motion to table will be called for. f) Right of Protest 1) A Council Member is never required to state reasons for dissent.

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g) Rules of Procedure 1) The Council shall determine its own rules of procedure. 4.3.4 MINUTES OF COUNCIL MEETINGS The minutes of the City Council meetings shall be kept by the City Clerk and shall be recorded in a file kept for that purpose with a record of each particular type of business transacted by the Council set off in paragraphs with subheadings. The minutes shall include a record of the names of persons addressing the Council and the title of the subject to which their remarks related. If a Council Member wishes a stated opinion to be entered into the minutes, he/she should precede the statement with “for the record” or request the City Clerk to enter it into the record prior to the statement. Minutes of the City Council are “Action Based” minutes, and only motions, votes, and Council direction are shown on the record. Such minutes shall be submitted to the Council for approval and/or correction in draft form at a subsequent meeting. It is the policy of the City Council that only members of the Council and the City Clerk have the authority to make revisions to the minutes subject to a majority vote of the City Council. Council members having only typographical corrections to the minutes are encouraged to provide such corrections to the City Clerk directly and need not wait to submit such corrections at a meeting. As a time saving measure, even full correction items may be written ahead and passed to the City Clerk before the meeting. 4.3.5 PARLIAMENTARY PROCEDURE Those rules in affect according to the City Council policy shall be in accordance with state law and as set forth below. The following summarizes the most frequently used actions: a) Council Members and Staff shall 1) Work earnestly to preserve appropriate order and decorum during all meetings. 2) Discourage side conversations, disruptions, interruptions or delaying efforts. 3) Ensure that all discussion relate to the subject matter at hand and be relevant and pertinent to allow for the expeditious disposition and resolution of the business before the Council. 4) Agree to disagree but be respectful of one another. 5) Not engage in any abusive or vulgar language and shall avoid any personal attacks on any other member of the City Council, staff, or the public; nor shall they publicly impugn the integrity, honesty or motives of such individuals. 6) Inform the Presiding Officer when departing from a meeting. b) While the Council is in session, all persons shall preserve order and decorum. Any person making personal, impertinent, or slanderous remarks or demonstrating rude, boisterous, or profane behavior will be called to order by the Presiding Officer. If such conduct continues, the Presiding Officer may call a recess, request removal of such person(s) from the Council Chamber, adjourn the meeting, or take such other appropriate action as permitted by the Brown Act. c) Only the City Council, Staff, Advisory Body Chairs or designated representatives and those authorized by the Presiding Officer shall be permitted to sit at the Council or staff tables. d) Enforcement of Order

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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 of protocol. Upon 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 Sergeant-atArms or any police officer present to eject from the Council Chambers any person in the audience who uses boisterous or profane language or any person who interrupts and refuses to keep quiet or take a seat when ordered to do so by the presiding officer or otherwise 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 a conflict of interest. Failure of a seated Council Member to vote will be construed as an affirmative vote. b) No ordinance, resolution, or motion shall be passed or become effective without receiving the affirmative vote of at least three members of the Council. c) A conflict of interest shall be declared whenever appropriate and in compliance with State law, and the Council Member will step down and not participate in the discussion or vote on the item. d) A vote may be changed by a Council Member before the decision of the question has been finally 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 maker to restate 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 vote. i) j) The ayes and noes shall be taken upon the passage of all ordinances and resolutions. Following the vote, the Mayor shall announce whether the questions have been carried or defeated.

k) Should a tie vote occur, the Council is required to continue the item by majority vote or make motions until an action receives three yes or no votes. l) 4.3.7 The Presiding Officer may publicly explain the effect of the vote for the audience or may direct a member of the staff to do so.

PUBLIC COMMENT (Written and Oral) Members of the public may address the City Council in a variety of ways. Written comments on agenda items are encouraged. As a courtesy to the Council, citizens are encouraged to present written comments to the City Clerk at least one day prior to the meeting. This provides the Council with a greater opportunity to review and consider issues and/or concerns expressed in written communications prior to a meeting. Written comments received before or at or during a Council meeting are include in the public record. The Mayor will invite comments from the public in support of, or in opposition to, specific agenda items following the staff report. Oral communications on matters that are not on the

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agenda may be provided during the Citizens’ Input period at the beginning of every regular meeting. The following are guidelines for providing oral public comments: a) At the beginning of each regularly scheduled meeting, members of the public may address the City Council on items that are not on the printed agenda or items on the Consent Agenda. b) Pursuant to the Brown Act, action may not be taken on issues not listed on the agenda. Staff 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 meeting so that the speaker’s name can be appropriately entered into the minutes of the meeting. 2) Address the Council from the podium after giving name and city of residence. Speakers shall direct their comments to the Council, not the audience. 3) Comment on the specific matter before the Council with reasons for the position taken. 4) Limit comments to three (3) minutes until others have had an opportunity to address the Council. The Presiding Officer, after all others have spoken, may allow additional brief comment from speakers who have already commented on the same agenda item. d) During an agendized public hearing, a brief staff report should be heard prior to the opening of the public hearing. Upon opening of the public hearing, Council should ask to hear from the applicants or applicant representatives or appellants prior to hearing from members of the general public. Those who desire to speak shall: 1) Be permitted to speak first during the public comment portion of the public hearing for not more than ten (10) minutes. 2) Address the Council from the podium after giving their name and address and/or the name and address of the applicant/appellant they are representing. e) After the comment period of public hearing is closed, no member of the public shall be permitted to address the Council or the staff from the audience, except at the discretion of the Presiding Officer. f) The Presiding Officer may call a recess if a speaker or group of speakers become unruly and/or interferes with the orderly conduct of the meeting. A portion or all of the public may be removed if willful disruption makes conducting the meeting ”unfeasible”; the press may 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 to expedite the meeting; therefore, only items that are considered to be of a routine and noncontroversial nature are placed on the Consent Agenda. Items of significant neighborhood or community public interest should be heard as a business item and not placed on the Consent Agenda. a) Minor Questions. A Council Member may ask questions on any item without it being pulled from the Consent Agenda. When a Council Member has a minor question for clarification concerning a consent item that will not involve extended discussion, the item may be pulled for clarification at the beginning of the meeting, and the questions will be addressed along

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with the rest of the Consent Agenda. There should be no objections at this time. Council Members 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 dissenting vote, 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 with the rest of the Consent Agenda. c) Any item may be pulled by a Council Member for discussion. A member of the public may request 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 the Council chooses another time. 4.3.9 COUNCIL COMMUNICATIONS The purpose of this time is to allow staff and Council to provide an update or share information regarding a particular matter. Examples of appropriate communications would be information of general interest received from outside agencies and comments or inquiries received from individuals or from the public, or requests to agendize future items. This time is not intended for 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 with the regular agenda materials. State law provides that Council can take action only on such matters that have been noticed at least three days in advance of the meeting, unless special circumstances are found to exist. Formal action or approval on non-agendized items is not allowed, and such an item should be placed on the agenda of the next regular meeting. The communications period shall not exceed fifteen (15) minutes and speaking to a particular item 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 to any person the content or substance of any discussion which takes place in a closed session unless authorized by a four-fifths vote of the Council, or as otherwise required by law.

5
5.1 APPLICABILITY AND PENALTIES

THE BROWN ACT

The entire City organization conducts its business in compliance with the Ralph M. Brown Act, State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and actions of local public agencies are conducted in open and public meetings. The law provides for misdemeanor penalties for members of a body who violated the Brown Act. Additionally, violations are subject to civil action. A current copy of the Brown Act shall be provided to all Council Members assuming office.

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6
6.1

ADVISORY BODY PROCEDURES

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 and boards. One member of the Council shall serve as a voting representative and one member shall serve as alternate. Voting delegates shall reflect the majority view of the Council as a whole, rather than their own personal opinions. It is recommended that Council Members appointed to the more complex positions be considered for appointment for more than one year.

6.3

OTHER COUNCIL SUBCOMMITTEES Council may establish committees of no more than two members to address areas of concern and/or 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 recommendation differs from an advisory body recommendation, the difference should be clearly noted in a separate paragraph following the staff recommendation. The discussion section contains information relating to the advisory body recommendation. b) A minute order of the advisory body item is included as an attachment to the Agenda Report.

6.5

COUNCIL MEETINGS Members of the advisory body are free to appear and give testimony before the Council using the public microphone, after identifying whether they are speaking as a representative of the advisory body or as a 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 have supervisory authority over City employees. While they may work closely with advisory bodies, staff members remain responsible to their immediate supervisors and ultimately to the City Manager and City Council. The members are responsible for the functions of the advisory body. Staff support includes preparation of an agenda and preparation of reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate backup materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues. The assigned staff person will serve as clerk, taking minutes as needed. It is important that advisory bodies wishing to communicate recommendations to the City Council do so through adopted or approved Council agenda procedures. Staff members shall assist the advising body Chair to insure appropriate legal review of City and State legislation is in compliance.

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

STAFF REPORT
RE: Illegal Fireworks-Police Operations Plan SUBMITTED BY: Brad Rasmussen, Interim Chief of Police PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 05/17/2011

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 plan for the 30 day period 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 Department present to the City Council an operation plan. Said operation plan shall include the following information: (i) (ii) Identification of areas within the City where illegal fireworks were a problem in the previous year; A detailed explanation of the deployment of fire and law enforcement personnel to deal with those troublesome areas as well as with the balance of the City;

(iii) A report on the apparatus and personnel who’ll be on duty for the period of June 17th through July 16th 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 enforcement patrols there should be for that year and all other relevant information and statistics deemed necessary by the City Council. DISCUSSION: There are significant increases in the number of visitors to our city during the July 4th holiday and the 30-day period surrounding it. The number of visitors to the city peaks on July 4th as many persons arrive to enjoy fireworks related activities. In order to provide for proper public safety, the Police Department increases its staffing levels as much as possible in the period surrounding July 4. During the fireworks show on July 4th, the Police Department deploys all of our staff as well as mutual aid staff from other law enforcement agencies in Lake County. The police department has developed the 2011 fireworks period operation plan along with public notices regarding the use and discharge of legal fireworks. OPTIONS: Receive and file staff report including police operation plan or request additional information from staff. FISCAL IMPACT: None $$2,500.00 in Police Overtime Account Number: 2010/915.000 Comments: The fireworks sale surcharge paid to the City is sufficient to cover police overtime cost.
Meeting Date: 05/17/2011 Page 1 Agenda Item #V.E.

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

Attachments:

Police Operation Plan for Illegal Fireworks Safe and Sane Fireworks Information Sheet Locations designated for Safe and Sane Fireworks

Meeting Date: 05/17/2011

Page 2

Agenda Item #V.E.

POLICE OPERATIONS PLAN FOR ILLEGAL FIREWORKS EFFECTIVE JUNE 17-JULY 16
(i) Identification of areas within the City where illegal fireworks were a problem in the previous year. The Police Department has identified the areas described as “The Parklands” and “Willow Point” as those areas most affected by illegal fireworks. (ii) Detailed explanation of the deployment of law enforcement personnel to deal with those troublesome areas as well with the balance of the City. The Police Department provides routine patrol to those areas which present the most problems on a daily basis when staffing levels permit and during the course of the patrol officer’s duties. Increased patrols with targeted enforcement will occur in specific areas when deemed necessary. (iii) A report on the apparatus and personnel who’ll be on duty for the period mentioned above and more particularly on the 1rst through the 5th of July. The Police Department will provide uniformed patrol to those areas described above through June 17 and July 16 when staffing levels permit. As it relates to Independence Day the Police Department will set up a command post at City Hall and with the assistance of allied agencies, conduct a mass canvass of the “Parklands” utilizing officers on foot patrol. Officers assigned to the “Parklands” will directly target the troublesome areas and seek out illegal fireworks violators. Officers will also be assigned to the remaining areas of the City, not demeaned as troublesome, in patrol units. (iv) Recommendations on and discussion of what, if any, dedicated illegal fireworks enforcement patrols there should be for that year. The Police Department is coordinating, as in years past; with members of the Lakeport Fire Department, California Department of Forestry, Lake County Sheriff’s Department, Clearlake Police Department, Lake County Probation Department, Lake County District AttorneyInvestigations Division, California Highway Patrol and California State Parks-Law Enforcement Division-Clearlake Sector to provide personnel during Independence Day throughout the “Parklands” and Willow Point. Patrol units will provide patrol coverage to the identified problem areas, other areas demeaned to be troublesome as well as continuing to provide public safety services throughout the city.

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 PM JULY 3: 9:00 AM TO 10;00 PM JULY 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 ADHERE TO 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 SAFE AND SANE FIREWORKS, OR PERMIT THE IGNITION, DISCHARGE OR PROJECTION THEREOF, UPON OR OVER OR ONTO THE PROPERTY OF ANOTHER WITHOUT HIS/HER CONSENT, OR TO IGNITE, DISCHARGE, PROJECT OR OTHERWISE FIRE OR MAKE USE OF ANY SAFE AND SANE FIREWORKS WITHIN TEN (10) FEET OF ANY RESIDENCE, DWELLING OR OTHER STRUCTURE USED AS A PLACE OF HABITATION BY HUMAN BEINGS

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 section 5.30.180 B, which states “IT IS UNLAWFUL FOR ANY PERSON TO IGNITE, DISCHARGE, PROJECT OR OTHERWISE FIRE OR USE ANY SAFE AND SANE FIREWORK, OR PERMIT THE IGNITION, DISCHARGE OR PROJECTION UPON OR OVER OR ONTO ANOTHERS PROPERTY WITHOUT HER/HIS PERMISSION OR WITHIN 10 FEET OF ANY RESIDENCE, DWELLING OR OTHER STRUCTURE USED 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, Kmart, Nylander Center, Shoreline Center and Vista Point parking lots; however, these are private parking lots, and law enforcement does not have permission to allow such activities. Persons took it upon themselves to use these lots without expressed or written consent.

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

STAFF REPORT
RE: Milling Project on Lakeport Boulevard SUBMITTED BY: Douglas Grider PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 05/17/11

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The Council is being asked to authorize the Public Works Director to enter into contract with a milling contractor 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 grade asphalt on Lakeport Boulevard from the east boundary of the Cal-Trans right of way to Larrecou Lane; this is the downhill portion of Lakeport Boulevard. The damage is beyond conventional repair methods, and the open grade 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 perform the work. In order to save a substantial amount on the mobilization, staff is seeking a contractor working with a milling machine already in our area. Working with a contract who already has a milling machine in the area 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 alternative plan, most likely an RFQ for the work being purposed. OPTIONS: Approve or Deny staff request FISCAL IMPACT: None $5,000 Account Number: 990.320 ADA

SUGGESTED MOTIONS: Motion to authorize the Public Works Director to enter into contract with a milling contractor to mill off the existing open grade asphalt in Lakeport Boulevard.

Attachments:

Meeting Date: 05/17/2011

Page 1

Agenda Item #V.G.

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

STAFF REPORT
RE: Building Permit Report SUBMITTED BY: Community Development Department PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 05/17/2011

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The Council is being asked to review the Building Permit Report for informational purposes only. SUMMARY: Attached is a copy of the April 2011 building permit log and pending permits. The following are totals for Fiscal Year 2010/2011 for the Building Department: Number of Permits Construction Value Permit Revenue SUGGESTED MOTIONS: Receive and file monthly Building Permit Report for April 2011. 127 $3,626,544.76 $45,919.13

Attachments:

Monthly Building Permit Report for April 2011

Meeting Date: 05/17/2011

Page 1

Agenda Item #V.H.

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

STAFF REPORT
RE: RFP For Business Loan Servicing MEETING DATE: 05/17/2011 SUBMITTED BY: Richard Knoll, CDD/Redevelopment Agency 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 approve the issuance of a Request for Proposals (RFP) to qualified consultants for City Business Loan Consulting and Services. BACKGROUND: The City recently was awarded a CDBG grant to fund our business loan program. The City uses the services of a consulting firm to provide loan qualifying, processing, and servicing services. CDBG 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.

Attachments:

Meeting Date: 05/17/2011

Page 1

Agenda Item #V.I.

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

STAFF REPORT
RE: Street Closure for County Sesquicentennial Celebration SUBMITTED BY: Margaret Silveira, City Manager PURPOSE OF REPORT: Information only Discussion Action Item MEETING DATE: 05/17/2011

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD: The City Council is being asked to approve the closure of Third Street between 1:00 p.m. 8:00 p.m. on Friday, May 20, 2011. BACKGROUND: The County will celebrate its Sesquicentennial (150 years) Anniversary on Friday, May 20, 2011 (see attached flyer). A group of volunteers, including the City Manager, have been working on putting together a ceremony to commemorate this event. Sponsors of the event include Friends of the Lake County Museum, Groody River Films, Lake County Chamber of Commerce, Lake County Historical Society, Lake County Marketing and Economic Development Program, and Lake County News. The goals of the committee is to educate residents and visitors of all ages about the history of Lake County through historical stories, instill a sense of community pride based on our collective history, promote the positive attributes of Lake County, and thus, create an environment in which people are more likely to visit, relocate, and establish businesses here, Encourage residents and direct descendants of Lake County’s “founding families” to inspire their own legacy, and recognize the notable achievements through the years. DISCUSSION: The committee will hold a celebration program in the Museum Park. There will be a reenactment of the May 20, 1861, signing of incorporation that carved a section from northern Napa County to create Lake County. Period costumes will be worn, and there will be entertainment, displays, and refreshments. Admission will be free. As part of the program, they would like to have a display of vintage fire trucks and other vintage equipment and possible vendor booths on Third Street. The actual celebration will begin at 5:00 p.m., but there will be a need to block off the area around 1:00 p.m. for setup. OPTIONS: Approve closure of Third Street or deny request. FISCAL IMPACT: None $ Account Number: Comments:

SUGGESTED MOTIONS: Motion to approve closure of Third Street between Main and Forbes Streets on Friday, May 20, 2011, from 1:00 p.m. to 8:00 p.m.
Meeting Date: 05/17/2011 Page 1 Agenda Item #V.K.

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