AGENDA

REGULAR JOINT MEETING OF THE LAKEPORT CITY COUNCIL AND THE LAKEPORT REDEVELOPMENT AGENCY
Tuesday, December 4, 2012 City Council Chambers, 225 Park Street, Lakeport, California 95453
Any person may speak for three (3) minutes on any agenda item; however, total public input per item is not to exceed 15 minutes, extended at the discretion of the City Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.

I. II. III.

CALL TO ORDER & ROLL CALL: PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA: Urgency Items:

6:00 p.m.

Move to accept agenda as posted, or move to add or delete items. To add item, Council is required to make a majority decision that an urgency exists (as defined in the Brown Act) and a 2/3rds determination that the need to take action arose subsequent to the Agenda being posted.
The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without any discussion. Any Council Member may request that any item be removed from the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Consent Calendar portion of this agenda.

IV.

CONSENT AGENDA:

A. B. C. D. E. VII.

Ordinances: Minutes: Warrants: City Attorney Contract: City Council Meeting of January 1, 2013

Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934. Approve minutes of the regular City Council meeting of November 13, 2012, and the special City Council meeting of November 27, 2012. Approve warrants as listed on Warrant Registers dated November 7, 2012, November 15, 2012 and November 29, 2012. Approve employment contract with Steven Brookes for City Attorney services Cancel the regularly scheduled City Council meeting of January 1, 2013 due to holiday.

PUBLIC PRESENTATIONS/REQUESTS: A. Citizen Input:

Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the subject is not already on tonights agenda. Persons wishing to address the City Council are required to complete a Citizens Input form and submit it to the City Clerk prior to the meeting being called to order. While not required, please state your name and address for the record. NOTE: Per Government Code 54954.3(a), the City Council cannot take action or express a consensus of approval or disapproval on any public comments regarding matters which do not appear on the printed agenda.

B. C. D.

Presentation to CLHS JV Football Team Oath of Office Police Lieutenant Presentation to Outgoing City Council Members

Recognition to the Clear Lake High School Junior Varsity Football Team for their Undefeated 2012 Season. Deputy City Clerk administers the Oath of Office to the newly promoted Police Lieutenant Recognition and Appreciation for outgoing Council Members Suzanne Lyons, Robert Rumfelt and Roy Parmentier for their years of Public Service to the City of Lakeport. Informal reception to follow meeting adjournment.

VII.

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

IV.

ADJOURNMENT:

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerks Office at 225 Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeports website, www.cityoflakeport.com, subject to staffs ability to post the documents before the meeting.

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

City Council and Lakeport Redevelopment Agency Agenda of December 4, 2012

Page 2

____________________________________ Kelly Buendia, Deputy City Clerk

MINUTES LAKEPORT CITY COUNCIL AND BOARD OF DIRECTORS OF THE CITY OF LAKEORT MUNICIPAL SEWER DISTRICT REGULAR MEETING November 13, 2012
I. CALL TO ORDER & ROLL CALL: Mayor Mattina called the regular meeting of the City Council of the City of Lakeport and the Board of Directors of the Lakeport Municipal Sewer District to order at 6:00 p.m. with Council Members Suzanne Lyons, Robert Rumfelt, Tom Engstrom and Roy Parmentier present. The Pledge of Allegiance was led by Andrew Britton

II. III.

PLEDGE OF ALLEGIANCE: ACCEPTANCE OF AGENDA: Urgency Items:

A motion was made by Council Member Rumfelt to add an urgency item related to an urgent request to for authorization to replace server room air conditioning equipment, seconded by Council Member Parmentier and unanimously carried by voice vote to accept the agenda as amended.

IV.

CONSENT AGENDA: A. B. C. D. E. Ordinances: Minutes: Employment Contract Building Permits Report Application 2012-009 Amendment Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934. Approve minutes of the regular City Council meetings of November 6, 2012. Approve employment contract with Margaret Silveira for City Manager services Review and file Building Permit reports. Approve Amended Application No. 2012-009 for The Lakeport Main Street Association to expand the holiday parade event to include the closure of Third Street between Main and Forbes on November 24, 2012 for childrens activities with staff recommendations. Nancy Ruziicka requested that the City Council remove the City Manager's contract from the agenda. A motion was made by Council Member Parmentier and seconded by Council Member Rumfelt and carried by voice vote, with Council Member Engstrom abstaining from vote on items B and C, to keep the City Manager contract on the agenda and approve the consent agenda.

Vote on Consent Agenda

V.

PUBLIC PRESENTATIONS/REQUESTS: A. Citizen Input: Chief Rasmussen commended his staff on a job well done in a recent burglary investigation. The suspect was arrested on several charges including burglary of the City Corporation Yard.

VI.

COUNCIL BUSINESS: A. City Engineer 1. Award of Design Contract for Water System Improvement Project Nancy Ruziicka spoke in opposition to the contract. A motion was made by Council Member Parmentier, seconded by Council Member Rumfelt and carried by voice vote with Council Members Lyons and Engstrom opposed, to direct staff to enter into contract with PACE Engineering, Inc. to provide engineering services for the City of Lakeport Water System Improvements Project and authorize the City Manager to sign the contract.

City Council Agenda of November 6, 2012

Page 2

2. Authorization to replace Server Room Air Conditioner

A motion was made by Council Member Rumfelt and seconded by Council Member Parmentier and carried unanimously by voice vote to authorize the purchase of cooling equipment from Liebert, Inc. and direct staff to advertise the installation project and enter into contract with the lowest qualified bidder.

B.

Public Works Director 1. USDA Application Update Public Works Director Brannigan reported that USDA representatives had indicated grant funding in the amount of 25% of the total project costs would be awarded. Earlier in the process sewer projects related to slope protection on two ponds and sludge removal of one pond were removed from the application. He requested that projects be added back into the application in order to maximize on the funding opportunity. Council gave direction to add the projects back into the application.

C.

City Attorney 1. Sewer and Water Fee Deferral Agreement Martin Scheel commented on the agreement. After discussion, the City Council directed staff to get further information from the developer and return the item to the next meeting.

D.

Finance Director 1. Adoption of the State of California Uniform Construction Cost Accounting Policy A motion was made by Council Member Parmentier, seconded by Council Member Engstrom, and unanimously carried by voice vote, to approve a resolution and introduce an ordinance to adopt the State of California Uniform Construction Cost Accounting Policy.

VII.

CITY COUNCIL COMMUNICATIONS: A. Miscellaneous Reports, if any: Council Member Rumfelt stated he was looking forward to one more meeting on the Council and then would be pheasant hunting. He asked about flashing lights at the crosswalks. Council Member Parmentier stated he was looking forward to retirement. City Manager Silveira stated that City Hall would be closed the next week due to holidays and employee furloughs. Administrative Services Director Buendia apologized for any inconvenience to the public while the website was down. She also stated that the County Elections Office was required to provide election results by December 4, 2012. This meant a slight chance the results would not be received in time to seat the new Council on the first meeting in December. Council Member Lyons stated that LAFCO would meet at City Hall on November 14 and that a meeting regarding mobile vending would take place next week. Council Member Engstrom thanked Council Member Parmentier for hiring him 19 years ago. He spoke about meetings of the Clear Lake Advisory Council (CLAC) along with some changes in the structure of CLAC. Mayor Mattina wished everyone a Happy Thanksgiving

City Council Agenda of November 6, 2012

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VIII.

CLOSED SESSION:

The meeting was adjourned to closed session at 7:35 p.m. pursuant Pursuant to Government Code Section 54957, Public Employee Performance Evaluation: City Attorney and Pursuant to Government Code Section 54957.6 Conference with Labor Negotiator: Unrepresented Employee: City Attorney.

IX.

REPORT FROM CLOSED SESSION:

The meeting reconvened to open session at 8:21 p.m. The Mayor reported that staff was given direction. Mayor Mattina adjourned the meeting at 8:23 p.m.

X.

ADJOURNMENT:

_______________________________________ Kelly Buendia, Deputy City Clerk

MINUTES LAKEPORT CITY COUNCIL SPECIAL MEETING November 27, 2012 CALL TO ORDER: Mayor Mattina called the special meeting of the City Council of the City of Lakeport to order at 5:00 p.m. with Council Members Roy Parmentier, Robert Rumfelt, Suzanne Lyons, and Tom Engstrom present. Mike Kelley, answered questions of the Council. Melissa Fulton and Kim Beal commented on the item. A motion was made by Council Member Rumfelt, seconded by Council Member Engstrom, and carried by voice with Council members Lyons and Parmentier opposed to approve the agreement and authorize the City Manager to execute the revised Utility Expansion Fees Deferral Agreement with Lakeport Pacific Associates as amended to require status reports once a month on the use of local vendors or contractors; and to provide contact information for local contractors or vendors who may be interested in bidding on the project. A motion was made by Council Member Parmentier, seconded by Council Member Lyons, and unanimously carried by voice vote to approve the City Manager's Contract Amendment to provide health benefits unintentionally omitted from the contract dated November 13, 2012. The meeting was adjourned to closed session at 6:30 p.m. Pursuant to Government Code Section 54957.6 Conference with Labor Negotiator: Unrepresented Employee: City Attorney. The meeting reconvened to open session at 7:45 p.m. The Mayor reported that staff was given direction. The meeting adjourned at 7:46 p.m.

Sewer and Water Fee Deferral Agreement

Employment Contract Amendment

CLOSED SESSION:

REPORT FROM CLOSED SESSION: ADJOURNMENT:

ATTEST:

APPROVED:

__________________________________ KELLY BUENDIA, Deputy City Clerk

______________________________________ STACEY MATTINA, Mayor

AGREEMENT FOR SERVICES BETWEEN THE CITY OF LAKEPORT AND STEVEN J. BROOKES

This Agreement for Services, dated December 4, 2012 is between the City Council of the City of Lakeport (City Council) and Steven J. Brookes( Brookes) for services to be performed by Brookes in the at will position of City Attorney. 1. DUTIES Brookes shall perform the functions and duties specified in Government Code section 41801 of the Lakeport Municipal Code, and other legally permissible and proper duties and functions as the City Council shall from time to time assign. Duties shall include legal services, risk management, labor negotiations, and other committees and duties as assigned by City Council. Brookes shall work an average of 20 hours per week. 2 TERM A. The services to be provided by Brookes are extended from the effective date of this Agreement and will continue through December 31, 2013. B. Nothing in this document shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Brookes at any time, subject to the provisions of Section 3. C. Nothing in this document shall prevent, limit or otherwise interfere with Brookes right to resign at any time from his position with City, subject to the provisions of Section 3. D. The City Council desires that Brookes remain in the employ of the City, until December 31, 2013, and to neither accept other public sector employment nor to become employed by any other full-time employer prior to such time. The term employed shall not be construed to include his limited private practice where no conflict exists with his City duties. 3. TERMINATION/EXTENDED TERM A. In the event Brookes employment contract is not extended by the City Council past December 31, 2013 Brookes shall be paid for any unused sick or vacation

time and his remaining salary due through December 31, 2013 or his termination date and the employer/employee relationship between the parties shall automatically expire of its own accord without further liability to either party. B. In the event Brookes is terminated by the City Council prior to December 31, 2013 and during such time Brookes is willing to perform his duties under this Agreement, the City shall, at Brookes option: (1) Pay Brookes six (6) months compensation, excluding all other benefits except for his accrued paid leave and the required offer of COBRA benefits. At the option of the City Council he may continue on the payroll or receive a lump sum, except that all accrued leave will be paid at the time of separation without the accrual of health, vacation or other benefits during said period. (2) Provide six (6) months notice to Brookes during which time Brookes shall retain his position, perform all City Attorney duties, including receipt of full salary and benefits. At the end of the six month period he will then separate from City service with no further liability to City except for any accrued but unpaid compensation or benefits and the required offer of COBRA benefits. C. In the event the City Council at any time during the course of this Agreement Brookes resigns following a suggestion, whether formal or informal, by the City Council that he resigns, then, in that event, Brookes may, at his option, be deemed terminated at the date of such resignation within the meaning and context of the severance pay provision. D. Consideration of Brookes termination by the City Council may not occur within ninety (90) days after a General Municipal Election or Special Election wherein a new member or members are elected to the City Council. Any decision to terminate or not renew the Agreement shall be made in closed session and confirmed in a public meeting. E. Brookes may choose to resign his office instead of being terminated if a decision by the City Council to terminate has been made in closed session. In such an event, the public announcement as provided for in paragraph 3(E) will note Brookes has resigned and the provision 3(C) remains applicable.

F. In the event that termination is the result of an illegal act by Brookes, including but not limited to the acts described in F(1) through F(5) below, the provisions of paragraphs, 3(C)through 3(F) shall not be applicable, unless otherwise determined by the City Council: (1) Malfeasance, dishonesty for personal gain, or moral turpitude, willful or corrupt misconduct or conviction of any felony; (2) Willfully causing damage to public property or willfully wasting public supplies; (3) Specific acts or conduct which brings scandal or disrepute to the City; (4) Insubordination, which shall mean the willful refusal to obey lawful directions of the City Council; or (5) Absence without leave. 4. SALARY The annual salary for the City Attorney position shall be the sum of $50,796 payable in bi monthly installments. If his contract is not renewed then Brookes is free to seek other employment and Lakeport shall have no further obligation to Brookes except for payment of any accrued salary and/or paid leave that is due him... Annual salary adjustments shall be based on his annual evaluations and be established as a percentage increase of his current salary or such other benefits as the parties may chose to negotiate.

5. BENEFITS The City Attorney shall be entitled to the following City benefits: a) Cal PERS retirement at the 2.5% @ 55 formula with Brookes paying the full employee share of the retirement contribution and City paying the full Employer share.

d) A cell phone stipend of $60.00 per month e) Health Insurance For the REMIF administered Blue Cross medical insurance plan, the City will contribute seventy-six percent (76%) of the monthly premiums and employees twenty-four percent (24%) of the monthly premiums. For the fiscal year 2012-2013 it is agreed that the City paid portion of the premiums will be calculated as a percentage of the premium for the selected plan rounded up or down to the closest dollar. The 76%-24% premium sharing shall begin in January 1, 2013 for the Blue cross health premiums. The 24% of premium cost shall be made by way of payroll deduction from each bi-monthly check as has been the standard past practice.

f). The City Attorney shall be entitled to retiree health benefits applicable to exempt employees hired prior to April 5, 1999 . g). The City Council shall contribute to the Citys deferred compensation plan on behalf of the City Attorney the sum of $2,400 pro-rated over the number of pay periods in the fiscal year. h). The City Attorney shall accrue paid sick and vacation time at one-half the rate that is earned by regular full-time City employees. Vacation time may be accrued up to 200 hours. 6. PERFORMANCE EVALUATIONS The City Council may review and evaluate the performance of the City Attorney by September 30 of 2013. Such review and evaluation shall be in accordance with the specific criteria developed by the City Council in consultation with Brookes. The City Council may provide Brookes with their written comments and will discuss the review with Brookes, at the choice of the City Council. Annual salary adjustments shall be based on his evaluation and be established as a percentage increase of his current salary or such other benefits as the parties may chose to negotiate.

7. INDEMNIFICATION The City Council shall defend, hold harmless, and indemnify Brookes against any tort, professional liability claim, or demand, or civil rights or other legal action, arising out of any act, event or omission occurring in the performance of Brookes professional duties as City Attorney, except to the extent that his actions are the result of gross negligence or willful misconduct. The City Council will defend compromise or settle any such claim or suit, as appropriate, and pay the amount of any settlement or judgment rendered thereon. This indemnification shall extend beyond termination of employment or other expiration of this Agreement, to provide full and complete protection to Brookes for acts undertaken or committed by Brookes in her capacity as City Attorney, regardless of whether receipt of notice or filing of any claim or lawsuit occurs during or following her employment with the City. The provisions of California State law may limit the extent of defense or indemnification. 8. PROFESSIONAL DEVELOPMENT City Council agrees to budget for and pay reasonable professional dues, subscriptions, courses, institutes, seminars and travel and subsistence expenses of Brookes for participation in professional activities required by law or necessary to continue his professional development. Participation in conferences sponsored by entities such as the California League of Cities, REMIF, and such other, state, regional and local government groups and committees in which participation is beneficial to the City of Lakeport to his profession is encouraged, and City agrees to budget and pay for reasonable travel, and other reasonable expenses incurred in the performance of the job functions of City Attorney.. 20. BINDING AGREEMENT The Agreement reflects the complete Agreement between the parties. The Agreement shall be binding and inure to the benefit of the heirs of the estate of Steven J. Brookes. 21. NOTICE.

Notices required pursuant to this Agreement shall be given by personal service upon the party to be notified or by delivery of same to the custody of the United States Postal Service, or its lawful successor, postage prepaid and addressed as follows: CITY City of Lakeport 225 Park Street Lakeport, CA 95453 Attention: City Clerk EMPLOYEE ___________________________________ ___________________________________ ___________________________________

22.

INTERPRETATION OF AGREEMENT.

Should interpretation of this Agreement or any portion thereof be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. 23. AMENDMENTS; WAIVERS.

This Agreement may not be amended except by an instrument in writing, signed by each of the parties. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.

24.

COUNTERPARTS

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, all of which together shall constitute one and the same instrument. An authenticated facsimile signature shall be deemed equal to an original. 25. ENTIRE AGREEMENT.

This Agreement constitutes the entire Agreement of the parties considering the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed, and acknowledged by both of the parties thereto. 26. SEVERABILITY.

If any provision of this Agreement, or its application to any person, place or circumstance, is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, such provision shall be enforced to the greatest extent permitted by law, and the remainder of this Agreement, and such provision as applied to other persons, places and circumstances, shall remain in full force and effect. 28 GOVERNING LAW; VENUE. This Agreement shall be construed under and governed exclusively by the laws of the State of California, and venue shall lie exclusively in Lake County, California.

The signatures of the parties below indicate that each has read and understood the Agreement and will abide by the terms stated herein. The parties have executed this Agreement on the dates noted. CITY OF LAKEPORT CITY COUNCIL

ATTEST: _______________________________ MAYOR STACEY MATTINA ______________________________ __________________________ DEPTY CITY CLERK KELLY BUENDIA Date:

________________________________ CITY ATTORNEY STEVEN J. BROOKES Date: ___________________________