Agenda packet — Lakeport City Council, January 21, 2025

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AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL

DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT, THE LAKEPORT GROUNDWATER SUSTAINABILITY AGENCY and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT

REDEVELOPMENT AGENCY)
Tuesday, January 21, 2025 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 See Teleconferencing Instructions Below
City Council Agenda of January 21, 2025 Page 2
AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE

LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING

AGENCY OF LAKEPORT, LAKEPORT GROUNDWATER SUSTAINABILITY AUTHORITY and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, January 21, 2025, 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 *All references to “City Council” include those other agencies which are listed above The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the agenda items are described. The council may establish and make appointments to a Council committee (made up of two Councilmembers) with respect to any item appearing on this agenda.

I. CALL TO ORDER & ROLL CALL: 6:00 p.m.

II. PLEDGE OF ALLEGIANCE:

III. ACCEPTANCE OF AGENDA/ URGENCY
ITEMS:

Move to accept agenda as posted or move to add or delete items.

To add item, Council is required to make a majority decision that an urgency exists (as defined in the Brown Act) and a 2/3rds determination that the need to take action arose subsequent to the agenda being posted.

IV. CONSENT AGENDA: 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.

A. Ordinances: Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.

B. Minutes: Approve minutes of the City Council regular meeting of January 04, 2025.

C. Warrants: Approve the Warrant Register of January 01, 2025.

D. Emergency Renewal: Approve the continuation of the proclamation declaring a Local State of Emergency due to severe weather conditions including heavy rain, and extreme wind.

E. Application 2025-003: Approve application 2025-003, with staff recommendations, for the Clear Lake Open Fishing Tournament.

F. Application 2025-004: Approve application 2025-004, with staff recommendations, for the closure of Clear Lake Ave. for the 2025 Splash-In event.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Public 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 tonight’s agenda. 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. Proclamation: Present a proclamation designating January 2025 as Human Trafficking Awareness Month.

C. Presentation: Presentation by Sutter Health on the success of the 2024 Health & Wellness Expo that was held at Xabatin Community Park.

VI. COUNCIL BUSINESS:

A. Police Chief

1. Annual Crime Statistics: Receive and file the Police Statistics, Police Training Report, and Use of Force Reports for year 2024.

City Council Agenda of January 21, 2025 Page 3

2. Ordinance Introduction: Introduce and waive first reading of the proposed Ordinance amending Lakeport Municipal Code Section 9.04.030 regulating use of public restrooms.

B. Administrative Services Director

1. Silveira Community
Center Update and
Interim Plan:

Authorize approval of the Administrative Policy City Council Member Discretionary Fee Waivers for Community Center Use
C. Community Development Director

1. California Housing
Legislation Update:

Receive and file the California Housing Legislation Update.

D. Assistant City Manager

1. Annual Comprehensive
Financial Report (ACFR),
Fiscal Year 2023-24:

Accept the ACFR for the fiscal year ended June 30, 2024.

E. City Manager:

1. City Council Meetings
101:

Review City Council meeting proceedings to identify opportunities to:

1. Review elements and practices for the conducting of productive City Council meetings

2. Foster shared expectations and collaboration among Council Members.

3. Promote understanding and trust with the community.

4. Enhance public engagement and participation in City decision-making.

VII. CITY COUNCIL COMMUNICATIONS:

A. Travel, Calendar, and
Miscellaneous Reports, if any:

VIII. 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 Clerk’s Office at 225 Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeport’s website, www.cityoflakeport.com, subject to staff’s ability to post the documents before the meeting.

The City of Lakeport, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonable accommodations are provided.
_______________________________________
Hilary Britton, Deputy City Clerk
City Council Minutes of January 07, 2025 Page 2

MINUTES

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE

LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING

AGENCY OF LAKEPORT, LAKEPORT GROUNDWATER SUSTAINABILITY AUTHORITY and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, January 07, 2025, 6:00 p.m.

I. CALL TO ORDER & ROLL CALL: Mayor Costa called the meeting to order at 6:00 p.m., with Mayor Costa, Council Members Disney, Mattina, Parlet, and Price present.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Disney.

III. ACCEPTANCE OF AGENDA/ URGENCY
ITEMS:

City Clerk Buendia noted that item V.E Presentation from NHA Advisors on CalPERS was added to the agenda in error and requested removal for this meeting, stating the item will be placed on a future agenda.

A motion was made by Council Member Mattina, seconded by Council Member Disney, and unanimously carried by voice vote 5-0-0-0 to approve the agenda as amended.

A. Ordinances: Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.

B. Minutes: Approve minutes of the City Council regular meeting of December 17, 2024.

C. Application 2025-001: Approve application 2025-001, with staff recommendations, the Wood & Glory Boat Exhibition.

D. Cal OES Designation of Applicant’s
Agent for Non-State Agencies:

Adopt a Resolution updating the Cal OES Designation of Applicant’s Agent for NonState Agencies by designating the City Manager, Director of Finance, and Director of Public Works as City Agents utilizing Cal OES Form 130.

Vote on the Consent Agenda: A motion was made by Council Member Disney, seconded by Council Member Mattina, and unanimously carried by voice vote 5-0-0-0 to approve the Consent Agenda, items A-D.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Public Input: Nancy Ruzicka reported potholes on 17th Street and asked that the street be identified as a high priority for repaving. She also spoke in favor of the Planning Commission review of the Disney Watersports item.

Speaking as a citizen of Lakeport, Kenny Parlet, spoke about faulty PCR testing for avian flu, resulting in the needless destruction of eggs and chickens.

Marie Schrader of Discover Lakeport gave an update on December activities including the Twinkle Tour which listed 70 lighted houses in Lakeport. The Twinkle Tour map received 4400 views and the Facebook page had a reach 45,000 in December.

City Council Minutes of January 07, 2025 Page 3
B. Proclamation: Mayor Costa presented a proclamation honoring William Eaton for his contributions to the City of Lakeport and the Lakeport Economic Development Advisory Committee (LEDAC). Wilda Shock, Denise Combs, Pam Harpster, Joann Saccato and Brad Rasmussen also spoke honoring Mr. Eaton’s contributions.

C. Proclamation: Mayor Costa presented a proclamation honoring Martha Huerta of the Finance Department upon her retirement.

D. Presentation: Public Works Director, Ron Ladd, introduced the Clear Lake High School Environmental Impact Club, who has assisted in the cleanup of various water bodies such as Clear Lake and Forbes Creek. They have also assisted the city with storm water cleanup and reporting. Members of the club provided a presentation explaining their mission and activities.

E. Presentation: The presentation from NHA Advisors was removed from consideration until a future meeting.

VI. COUNCIL BUSINESS:

A. Administrative Services Director

1. Council Liaison
Appointments:

The staff report was presented by Administrative Services Director Buendia.

1. Mayor Costa appointed Council Members as liaisons to various Boards, Committees, and Commissions with the list of appointments attached to these Minutes; and

2. A motion was made by Council Member Parlet, seconded by Council Member Mattina, and unanimously carried by voice vote 5-0-0-0 to adopt a resolution appointing Mayor Costa to represent and vote on behalf of the City at the Cal-Cities, Redwood Empire Division Business meetings and Division Legislative Committee meetings, with Mayor Pro Tem Disney as the alternate to both appointments.

B. Assistant City Manager

1. 1st Quarter Financial
Statements:

The staff report was presented by Assistant City Manager Walker requesting that the Council review and file the 1st Quarter Financial update.

2. The Successor Agency of
the Lakeport
Redevelopment Agency
Recognized Obligation
Payment Schedule (ROPS)
25-26:

The staff report was presented by Assistant City Manager Walker.

A motion was made by Council Member Disney, seconded by Council Member Costa, and unanimously carried by voice vote 5-0-0-0 to adopt a resolution approving ROPS 2025-26 for the period of July 1, 2025 through June 30, 2026 for presentation and adoption by the Lake County Redevelopment Oversight Board.

VII. CITY COUNCIL COMMUNICATIONS:

A. Travel, Calendar, and
Miscellaneous Reports, if any:

Community Development Director Hejnowicz offered no report.

Police Chief Stoebe reported that the Elks Lodge will be hosting the Lake County Law Enforcement Officers of the Year awards on 01/18/2025. The LPD nominated Detective Juan Altamirano as its Officer of the year.

Administrative Services Director Buendia offered no report.

Utilities Director Harris was not present.

Public Works Director Ladd offered no report.

City Council Minutes of January 07, 2025 Page 4
Assistant City Manager Walker offered no report.

Assistant City Attorney Anderson offered no report.

City Manager Ingram advised that the Council will be presented with departmental operational updates at the upcoming meetings, leading up to the annual goal setting meetings in March and April.

Council Member Mattina had no report.

Council Member Disney reported that he will be interviewed on a local radio show this Saturday.

Council Member Parlet reported on a new California Senate Bill regarding single use Styrofoam containers.

Council Member Price had nothing to report.

Mayor Costa will be attending the New Mayors conference in January. She also advised that there will be a Council orientation presentation by City Attorney Ruderman coming up soon.

VIII. ADJOURNMENT: Mayor Costa adjourned the meeting at 7:15 p.m. _______________________________________
Kim Costa, Mayor
Attest:
_________________________________
Kelly Buendia, City Clerk

LAKEPORT CITY COUNCIL
EFFECTIVE JANUARY 7, 2025

LIAISONS TO COMMISSIONS, BOARDS, COMMITTEES

LIAISONS
2024 2025
Lakeport Fire Protection District Council Member Disney Council Member Parlet
Council Member Price
Council Member Parlet (Alt.)
Lake County Chamber of Commerce Council Member Parlet
Council Member Mattina,
Alt.

Mayor Costa
Council Member Parlet
Lakeport Main Street Association Council Member Disney Council Member Price

APPOINTMENTS
2024 2025
League of California Cities
Redwood Empire Division
Division Business Meeting Voting Delegate
Mayor Froio
Mayor Pro Tem Costa, Alt.

Mayor Costa
Mayor Pro Tem Disney (Alt.)
League of California Cities
Redwood Empire Division
Legislative Committee Voting Delegate
Mayor Froio
Mayor Pro Tem Costa, Alt.

Mayor Costa
Mayor Pro Tem Disney (Alt.)
Lake County/City Area Planning Council Council Member Mattina Council Member Parlet
Mayor Pro Tem Costa, Alt.

Council Member Mattina
Council Member Parlet
Mayor Costa (Alt.)
Right of Way Ordinance Advisory Ad-Hoc
Committee
Mayor Froio
Council Member Disney
Council Member Price
Council Member Parlet
PEG Board Council Member Froio Council Member Price
Vector Control District Board George Spurr
Council Member Disney, Alt.

George Spurr
Mayor Pro Tem Disney (Alt.)
County of Lake Solid Waste Management
Task Force
Mayor Froio
Council Member Parlet
Council Member Price
Council Member Parlet
SB 621 Indian Gaming Funds Committee Councill Member Parlet Council Member Mattina
Mayor Costa
Mayor Pro Tem Disney
Local Agency Formation Commission &
LAFCO Alternate^
^Rotates to City of Lakeport in 2025 &
2026
Council Member Mattina
Council Member Parlet, Alt.

Council Member Mattina
^Council Member Parlet (Alt.)
Invasive Species Task Force Committee Council Member Disney Mayor Pro Tem Disney Clean Water Program Committee Council Member Disney
Mayor Pro Tem Costa, Alt.

Mayor Pro Tem Disney
Council Member Parlet (Alt.)
Lakeport Unified School District
Committee
Council Member Mattina
Mayor Pro Tem Costa
Council Mattina
Council Member Price
Abandoned Vehicle Service Authority Mayor Froio
Council Member Parlet
Council Member Price
Council Member Parlet
(Alt.)
Risk Reduction Authority Mayor Pro Tem Costa
Kevin Ingram, City Manager, Alt
Mayor Costa
City Manager Ingram (Alt.)
Lakeport Solid Waste Committee Mayor Froio
Council Member Parlet
Council Member Parlet
Council Member Mattina
Lake County Airport Land Use Commission Council Member Disney Council Member Mattina Mayor Costa (Alt.)
Lakeport Investment Committee Council Member Mattina
Council Member Parlet
Council Member Mattina
Council Member Parlet
Lake County Recreational Agency, JPA
(LCRA)
Mayor Froio
Council Member Disney
Mayor Pro Tem Disney
Mayor Costa
Tribal Consultation Committee Mayor Froio
Mayor Pro Tem Costa
Mayor Costa
Mayor Pro Tem Disney
City Property and Land Ad Hoc Committee
(Established by Resolution 2964 (2024)
Mayor Froio
Council Member Mattina
Council Member Mattina
Mayor Pro Tem Disney
Lake County Regional Housing Trust Fund
(Established by Resolution 2976 (2024)
Mayor Costa
Council Member Parlet
225 PARK STREET • LAKEPORT, CALIFORNIA 95453 • TELEPHONE (707) 263-5615 • FAX (707) 263-8584

CITY OF LAKEPORT
Over 125 years of community
pride, progress and service
1/7/2025
I hereby certify that the attached list of warrants has been audited, extensions are proper, purchase orders have been issued, and department heads have been given the opportunity to review and sign claim forms. ______________________________
Nicholas Walker
Finance Director
1/7/2025 4:21:25 PM Page 1 of 19
Bank Transaction Report
Lakeport Transaction Detail
Issued Date Range: 09/21/2024 - 01/02/2025
Cleared Date Range: -
Cleared
Date Number Description Module Status Type Amount
Issued
Date
Bank Account: 15-0352000798 - POOLED CASH BANK
09/25/2024 10/31/2024 60476 ANDREW WELTER Accounts Payable Cleared Check -192.00 09/25/2024 10/31/2024 60477 AUSTIN ELDRED Accounts Payable Cleared Check -156.00 09/25/2024 09/30/2024 60478 BETHANY MOSS Accounts Payable Cleared Check -49.11 09/25/2024 60479 SHAUN JOHNSON Accounts Payable Outstanding Check -156.00 09/25/2024 09/30/2024 APA006458 4LEAF, INC. Accounts Payable Cleared AP Automation -8,160.00 09/25/2024 09/30/2024 APA006459 ALPHA ANALYTICAL LABORATORIES Accounts Payable Cleared AP Automation -726.00 09/25/2024 09/30/2024 APA006460 AMAZON CAPITAL SERVICES, INC. Accounts Payable Cleared AP Automation -985.92 09/25/2024 09/30/2024 APA006461 AMERICAN RIVER COLLEGE Accounts Payable Cleared AP Automation -129.00 09/25/2024 09/30/2024 APA006462 AT&T Accounts Payable Cleared AP Automation -251.45 09/25/2024 09/30/2024 APA006463 AT&T Accounts Payable Cleared AP Automation -31.57 09/25/2024 09/30/2024 APA006464 AT&T Accounts Payable Cleared AP Automation -112.94 09/25/2024 09/30/2024 APA006465 AT&T Accounts Payable Cleared AP Automation -251.45 09/25/2024 09/30/2024 APA006466 CLEAR LAKE ENVIRONMENTAL RESEARCH CENTER Accounts Payable Cleared AP Automation -3,078.00 09/25/2024 09/30/2024 APA006467 COUNTY OF LAKE-SPECIAL DIST Accounts Payable Cleared AP Automation -97,752.40 09/25/2024 09/30/2024 APA006468 DEPT OF JUSTICE Accounts Payable Cleared AP Automation -420.00 09/25/2024 09/30/2024 APA006469 EUREKA OXYGEN COMPANY Accounts Payable Cleared AP Automation -72.42 09/25/2024 09/30/2024 APA006470 FED EX Accounts Payable Cleared AP Automation -19.68 09/25/2024 09/30/2024 APA006471 GRANITE CONSTRUCTION COMPANY Accounts Payable Cleared AP Automation -278.85 09/25/2024 09/30/2024 APA006472 IMAGE SALES, INC. Accounts Payable Cleared AP Automation -77.33 09/25/2024 09/30/2024 APA006473 IRONEDGE GROUP Accounts Payable Cleared AP Automation -176.00 09/25/2024 09/30/2024 APA006474 JONAS ENERGY SOLUTIONS Accounts Payable Cleared AP Automation -149.00 09/25/2024 09/30/2024 APA006475 KELSEYVILLE TNT MINI STORAGE Accounts Payable Cleared AP Automation -606.00 09/25/2024 09/30/2024 APA006476 LEE'S SPORTING GOODS Accounts Payable Cleared AP Automation -190.04 09/25/2024 09/30/2024 APA006477 MANAGEMENT CONNECTIONS Accounts Payable Cleared AP Automation -1,368.90 09/25/2024 09/30/2024 APA006478 MATT MAZZEI CHEVROLET Accounts Payable Cleared AP Automation -542.92 09/25/2024 09/30/2024 APA006479 MEDIACOM Accounts Payable Cleared AP Automation -316.49 09/25/2024 09/30/2024 APA006480 PACE ENGINEERING, INC. Accounts Payable Cleared AP Automation -1,459.50 09/25/2024 09/30/2024 APA006481 PG&E Accounts Payable Cleared AP Automation -10.45 09/25/2024 09/30/2024 APA006482 PITNEY BOWES INC Accounts Payable Cleared AP Automation -180.50 09/25/2024 09/30/2024 APA006483 PRECISION WIRELESS SERVICE Accounts Payable Cleared AP Automation -175.00 09/25/2024 09/30/2024 APA006484 REMIF Accounts Payable Cleared AP Automation -167.56 09/25/2024 09/30/2024 APA006485 REMIF Accounts Payable Cleared AP Automation -110,896.72 09/25/2024 09/30/2024 APA006486 RICOH - WELLS FARGO VENDOR FIN SVCS, LLC Accounts Payable Cleared AP Automation -491.23 09/25/2024 09/30/2024 APA006487 SAN DIEGO POLICE EQUIPMENT CO Accounts Payable Cleared AP Automation -3,079.29 09/25/2024 09/30/2024 APA006488 SHRED-IT USA LLC Accounts Payable Cleared AP Automation -312.75 09/25/2024 09/30/2024 APA006489 SONOMA RSA, INC Accounts Payable Cleared AP Automation -7,440.00 Bank Transaction Report Issued Date Range: -
1/7/2025 4:21:25 PM Page 2 of 19
Cleared
Date Number Description Module Status Type Amount
Issued
Date
09/25/2024 09/30/2024 APA006490 THATCHER COMPANY OF CA., INC. Accounts Payable Cleared AP Automation -8,517.89 09/25/2024 09/30/2024 APA006491 TRUIST GOVERNMENTAL FINANCE Accounts Payable Cleared AP Automation -223,076.40 09/25/2024 09/30/2024 APA006492 UKIAH PAPER SUPPLY, INC. Accounts Payable Cleared AP Automation -1,589.00 09/25/2024 09/30/2024 DFT0003615 IRS Accounts Payable Cleared Bank Draft -376.48 09/25/2024 09/30/2024 DFT0003616 CA EMP DEVELOPMENT DEPT Accounts Payable Cleared Bank Draft -451.51 09/25/2024 09/30/2024 DFT0003617 CA EMP DEVELOPMENT DEPT Accounts Payable Cleared Bank Draft -142.60 09/25/2024 09/30/2024 DFT0003618 IRS Accounts Payable Cleared Bank Draft -1,245.12 10/04/2024 10/31/2024 60482 AFLAC Accounts Payable Cleared Check -708.93 10/04/2024 10/31/2024 60483 CA STATE DISBURSEMENT UNIT Accounts Payable Cleared Check -184.61 10/04/2024 10/31/2024 60484 LAKEPORT EMPLOYEE'S ASSOC Accounts Payable Cleared Check -360.00 10/04/2024 60485 LPOA Accounts Payable Outstanding Check -735.00 10/04/2024 10/31/2024 60486 NATIONWIDE RETIREMENT SOLUTION Accounts Payable Cleared Check -875.00 10/04/2024 10/31/2024 60487 VALIC - C/O JP MORGAN CHASE Accounts Payable Cleared Check -2,060.96 10/04/2024 10/31/2024 DFT0003619 CALPERS Accounts Payable Cleared Bank Draft -3,883.20 10/04/2024 10/31/2024 DFT0003620 CALPERS Accounts Payable Cleared Bank Draft -3,886.02 10/04/2024 10/31/2024 DFT0003621 CALPERS Accounts Payable Cleared Bank Draft -5,673.17 10/04/2024 10/31/2024 DFT0003622 CALPERS Accounts Payable Cleared Bank Draft -5,761.02 10/04/2024 10/31/2024 DFT0003623 CALPERS Accounts Payable Cleared Bank Draft -3,493.95 10/04/2024 10/31/2024 DFT0003624 CALPERS Accounts Payable Cleared Bank Draft -6,171.17 10/04/2024 10/31/2024 DFT0003625 CALPERS Accounts Payable Cleared Bank Draft -919.64 10/04/2024 10/31/2024 DFT0003626 CALPERS Accounts Payable Cleared Bank Draft -2,486.08 10/04/2024 10/31/2024 DFT0003627 CALPERS Accounts Payable Cleared Bank Draft -49.29 10/04/2024 10/31/2024 DFT0003628 CALPERS Accounts Payable Cleared Bank Draft -6.91 10/04/2024 10/31/2024 DFT0003629 IRS Accounts Payable Cleared Bank Draft -4,844.62 10/04/2024 10/31/2024 DFT0003630 CA EMP DEVELOPMENT DEPT Accounts Payable Cleared Bank Draft -6,270.25 10/04/2024 10/31/2024 DFT0003631 CA EMP DEVELOPMENT DEPT Accounts Payable Cleared Bank Draft -1,835.87 10/04/2024 10/31/2024 DFT0003632 IRS Accounts Payable Cleared Bank Draft -16,808.29 10/04/2024 10/31/2024 DFT0003633 IRS Accounts Payable Cleared Bank Draft -198.40 10/08/2024 10/31/2024 60488 CITY OF LAKEPORT PETTY CASH Accounts Payable Cleared Check -79.50 10/08/2024 10/31/2024 60489 DALE STOEBE Accounts Payable Cleared Check -1,202.46 10/08/2024 10/31/2024 60490 DAWN MILLER Accounts Payable Cleared Check -23.00 10/08/2024 10/31/2024 60491 KELLY BUENDIA Accounts Payable Cleared Check -23.00 10/08/2024 10/31/2024 60492 MARISSA MUNIZ ONATE Accounts Payable Cleared Check -30.36 10/08/2024 10/31/2024 60493 NICHOLAS STEWARD Accounts Payable Cleared Check -156.00 10/08/2024 60494 OLIVIA GRUPP Accounts Payable Outstanding Check -13.00 10/08/2024 60495 SHAUN JOHNSON Accounts Payable Outstanding Check -192.00 10/08/2024 10/31/2024 60496 SWRCB Reversal Accounts Payable Cleared Check Reversal 110.00 10/08/2024 10/31/2024 60496 SWRCB Accounts Payable Cleared Check -110.00 10/08/2024 10/31/2024 APA006493 ACTION SANITARY, INC. Accounts Payable Cleared AP Automation -1,698.13 10/08/2024 10/31/2024 APA006494 ALPHA ANALYTICAL LABORATORIES Accounts Payable Cleared AP Automation -497.00 10/08/2024 10/31/2024 APA006495 APPLIED BUSINESS SOFTWARE, INC. Accounts Payable Cleared AP Automation -1,536.44 10/08/2024 10/31/2024 APA006496 AT&T Accounts Payable Cleared AP Automation -214.00 10/08/2024 10/31/2024 APA006497 AT&T CALNET3 Accounts Payable Cleared AP Automation -241.81 Bank Transaction Report Issued Date Range: -
1/7/2025 4:21:25 PM Page 3 of 19
Cleared
Date Number Description Module Status Type Amount
Issued
Date
10/08/2024 10/31/2024 APA006498 AT&T CALNET3 Accounts Payable Cleared AP Automation -376.36 10/08/2024 10/31/2024 APA006499 AT&T CALNET3 Accounts Payable Cleared AP Automation -288.33 10/08/2024 10/31/2024 APA006500 AT&T CALNET3 Accounts Payable Cleared AP Automation -138.36 10/08/2024 10/31/2024 APA006501 AT&T CALNET3 Accounts Payable Cleared AP Automation -91.26 10/08/2024 10/31/2024 APA006502 BRELJE & RACE CONSULTING ENGINEERS Accounts Payable Cleared AP Automation -2,870.00 10/08/2024 10/31/2024 APA006503 CITY OF NOVATO Accounts Payable Cleared AP Automation -360.00 10/08/2024 10/31/2024 APA006504 COMMERCIAL PUMP & MECHANICAL, INC. Accounts Payable Cleared AP Automation -14,475.43 10/08/2024 10/31/2024 APA006505 ENTERPRISE - EAN SERVICES, LLC Accounts Payable Cleared AP Automation -179.38 10/08/2024 10/31/2024 APA006506 FED EX Accounts Payable Cleared AP Automation -9.84 10/08/2024 10/31/2024 APA006507 GHILOTTI CONSTRUCTION COMPANY Accounts Payable Cleared AP Automation -789,746.57 10/08/2024 10/31/2024 APA006508 GRAINGER Accounts Payable Cleared AP Automation -569.73 10/08/2024 10/31/2024 APA006509 IRONEDGE GROUP Accounts Payable Cleared AP Automation -264.00 10/08/2024 10/31/2024 APA006510 JONAS ENERGY SOLUTIONS Accounts Payable Cleared AP Automation -149.00 10/08/2024 10/31/2024 APA006511 KENNY THE CLOWN Accounts Payable Cleared AP Automation -250.00 10/08/2024 10/31/2024 APA006512 MANAGEMENT CONNECTIONS Accounts Payable Cleared AP Automation -1,155.96 10/08/2024 10/31/2024 APA006513 NAPA AUTO - LAKE PARTS Accounts Payable Cleared AP Automation -814.44 10/08/2024 10/31/2024 APA006514 NICK BARBIERI TRUCKING, LLC Accounts Payable Cleared AP Automation -3,694.82 10/08/2024 10/31/2024 APA006515 O'REILLY AUTO PARTS Accounts Payable Cleared AP Automation -27.82 10/08/2024 10/31/2024 APA006516 PACE SUPPLY #03391-00 Accounts Payable Cleared AP Automation -473.72 10/08/2024 10/31/2024 APA006517 PAUL R. CURREN Accounts Payable Cleared AP Automation -5,035.00 10/08/2024 10/31/2024 APA006518 PERKINS SEPTIC TANK CLEANING Accounts Payable Cleared AP Automation -480.00 10/08/2024 10/31/2024 APA006519 PG&E Accounts Payable Cleared AP Automation -177.69 10/08/2024 10/31/2024 APA006520 PG&E Accounts Payable Cleared AP Automation -24.64 10/08/2024 10/31/2024 APA006521 PG&E Accounts Payable Cleared AP Automation -108.41 10/08/2024 10/31/2024 APA006522 PG&E Accounts Payable Cleared AP Automation -8,472.67 10/08/2024 10/31/2024 APA006523 RICOH - WELLS FARGO VENDOR FIN SVCS, LLC Accounts Payable Cleared AP Automation -254.93 10/08/2024 10/31/2024 APA006524 SKY SHOP AUTOBODY AND DETAILING Accounts Payable Cleared AP Automation -1,223.66 10/08/2024 10/31/2024 APA006525 SMARTSAFETY SOFTWARE INC Accounts Payable Cleared AP Automation -960.00 10/08/2024 10/31/2024 APA006526 SONOMA STATE UNIVERSITY Accounts Payable Cleared AP Automation -75.00 10/08/2024 10/31/2024 APA006527 STANDARD PRINTING COMPANY Accounts Payable Cleared AP Automation -555.43 10/08/2024 10/31/2024 APA006528 STAPLES BUSINESS ADVANTAGE Accounts Payable Cleared AP Automation -1,093.12 10/08/2024 10/31/2024 APA006529 T&T PAVING, INC. Accounts Payable Cleared AP Automation -43,594.46 10/08/2024 10/31/2024 APA006530 THE SHOE BOX Accounts Payable Cleared AP Automation -200.00 10/08/2024 10/31/2024 APA006531 U.S. BANK CORPORATE PAYMENT SYSTEMS Accounts Payable Cleared AP Automation -9,688.92 10/08/2024 10/31/2024 APA006532 UNDERGROUND SERVICE ALERT Accounts Payable Cleared AP Automation -300.00 10/08/2024 10/31/2024 APA006533 US POSTMASTER - ARIZONA Accounts Payable Cleared AP Automation -1,275.90 10/08/2024 10/31/2024 APA006534 USA BLUE BOOK Accounts Payable Cleared AP Automation -590.04 10/08/2024 10/31/2024 APA006535 VERIZON WIRELESS Accounts Payable Cleared AP Automation -964.13 10/08/2024 10/31/2024 APA006536 VESTIS Accounts Payable Cleared AP Automation -73.38 10/08/2024 10/31/2024 APA006537 WESTGATE PETROLEUM CO., INC. Accounts Payable Cleared AP Automation -5,872.73 10/08/2024 10/31/2024 APA006538 WILDA SHOCK Accounts Payable Cleared AP Automation -1,500.00 10/08/2024 10/31/2024 APA006539 WILLDAN FINANCIAL SERVICES Accounts Payable Cleared AP Automation -1,927.58 10/09/2024 10/31/2024 REFAPA005468 GRAINGER Accounts Payable Cleared Bank Draft Reversal 224.48 Bank Transaction Report Issued Date Range: -
1/7/2025 4:21:25 PM Page 4 of 19
Cleared
Date Number Description Module Status Type Amount
Issued
Date
10/10/2024 10/31/2024 APA006540 AMAZON CAPITAL SERVICES, INC. Accounts Payable Cleared AP Automation -1,793.55 10/10/2024 10/31/2024 APA006541 CIVICWELL Accounts Payable Cleared AP Automation -10,272.44 10/10/2024 10/31/2024 APA006542 COLANTUONO, HIGHSMITH & WHATLEY, PC Accounts Payable Cleared AP Automation -11,016.17 10/10/2024 10/31/2024 APA006543 COMMUNITY DEVELOPMENT SERVICES Accounts Payable Cleared AP Automation -4,350.00 10/10/2024 10/31/2024 APA006544 DOKKEN ENGINEERING Accounts Payable Cleared AP Automation -2,453.22 10/10/2024 10/31/2024 APA006545 ENTERPRISE - EAN SERVICES, LLC Accounts Payable Cleared AP Automation -353.27 10/10/2024 10/31/2024 APA006546 GALL'S INC. Accounts Payable Cleared AP Automation -150.80 10/10/2024 10/31/2024 APA006547 KELSEYVILLE LUMBER Accounts Payable Cleared AP Automation -24.43 10/10/2024 10/31/2024 APA006548 LAKE COUNTY BROADBAND SOLUTIONS Accounts Payable Cleared AP Automation -99.00 10/10/2024 10/31/2024 APA006549 LAKE COUNTY LOCK & SAFE Accounts Payable Cleared AP Automation -374.42 10/10/2024 10/31/2024 APA006550 LEE'S SPORTING GOODS Accounts Payable Cleared AP Automation -2,618.65 10/10/2024 10/31/2024 APA006551 NUSO Accounts Payable Cleared AP Automation -276.01 10/10/2024 10/31/2024 APA006552 ONLINE INFORMATION SERVICES Accounts Payable Cleared AP Automation -43.56 10/10/2024 10/31/2024 APA006553 O'REILLY AUTO PARTS Accounts Payable Cleared AP Automation -443.70 10/10/2024 10/31/2024 APA006554 PACE ENGINEERING, INC. Accounts Payable Cleared AP Automation -361.00 10/10/2024 10/31/2024 APA006555 PARRA ENVIRONMENTAL TRAINING Accounts Payable Cleared AP Automation -2,100.00 10/10/2024 10/31/2024 APA006556 PAUL R. CURREN Accounts Payable Cleared AP Automation -7,685.00 10/10/2024 10/31/2024 APA006557 PEOPLE SERVICES, INC. Accounts Payable Cleared AP Automation -200.00 10/10/2024 10/31/2024 APA006558 PG&E Accounts Payable Cleared AP Automation -818.67 10/10/2024 10/31/2024 APA006559 PG&E Accounts Payable Cleared AP Automation -386.55 10/10/2024 10/31/2024 APA006560 PG&E Accounts Payable Cleared AP Automation -292.86 10/10/2024 10/31/2024 APA006561 PG&E Accounts Payable Cleared AP Automation -1,805.24 10/10/2024 10/31/2024 APA006562 PITNEY BOWES BANK INC PURCHASE POWER Accounts Payable Cleared AP Automation -806.75 10/10/2024 10/31/2024 APA006563 PLAZA PAINT & SUPPLIES Accounts Payable Cleared AP Automation -14.18 10/10/2024 10/31/2024 APA006564 PRENTICE LONG, PC Accounts Payable Cleared AP Automation -346.50 10/10/2024 10/31/2024 APA006565 R3 CONSULTING GROUP, INC. Accounts Payable Cleared AP Automation -6,470.00 10/10/2024 10/31/2024 APA006566 RICOH - WELLS FARGO VENDOR FIN SVCS, LLC Accounts Payable Cleared AP Automation -315.91 10/10/2024 10/31/2024 APA006567 RICOH USA, INC. Accounts Payable Cleared AP Automation -270.74 10/10/2024 10/31/2024 APA006568 SONOMA RSA, INC Accounts Payable Cleared AP Automation -3,385.00 10/10/2024 10/31/2024 APA006569 TYLER TECHNOLOGIES, INC. Accounts Payable Cleared AP Automation -6,259.00 10/10/2024 10/31/2024 APA006570 VERIZON WIRELESS Accounts Payable Cleared AP Automation -1,807.86 10/10/2024 10/31/2024 APA006571 VISIT LAKE COUNTY CALIFORNIA Accounts Payable Cleared AP Automation -1,884.18 10/10/2024 10/31/2024 APA006572 WESTGATE PETROLEUM CO., INC. Accounts Payable Cleared AP Automation -3,873.46 10/15/2024 10/31/2024 60497 LAKEPORT DISPOSAL, INC. Accounts Payable Cleared Check -94,662.67 10/18/2024 60498 AFLAC Accounts Payable Outstanding Check -639.47 10/18/2024 10/31/2024 60499 CA STATE DISBURSEMENT UNIT Accounts Payable Cleared Check -582.68 10/18/2024 10/31/2024 60500 LAKEPORT EMPLOYEE'S ASSOC Accounts Payable Cleared Check -360.00 10/18/2024 10/31/2024 60501 LEGALSHIELD Accounts Payable Cleared Check -353.25 10/18/2024 60502 LPOA Accounts Payable Outstanding Check -670.00 10/18/2024 10/31/2024 60503 NATIONWIDE RETIREMENT SOLUTION Accounts Payable Cleared Check -875.00 10/18/2024 10/31/2024 60504 VALIC - C/O JP MORGAN CHASE Accounts Payable Cleared Check -2,060.96 10/18/2024 10/31/2024 60505 ANDREW WELTER Accounts Payable Cleared Check -56.76 10/18/2024 60506 BRANDON DISNEY Accounts Payable Outstanding Check -153.00 Bank Transaction Report Issued Date Range: -
1/7/2025 4:21:25 PM Page 5 of 19
Cleared
Date Number Description Module Status Type Amount
Issued
Date
10/18/2024 10/31/2024 60507 JONATAN MORENO Accounts Payable Cleared Check -212.00 10/18/2024 60508 KENNETH PARLET Accounts Payable Outstanding Check -153.00 10/18/2024 10/31/2024 60509 KEVIN M. INGRAM Accounts Payable Cleared Check -153.00 10/18/2024 60510 KIM COSTA Accounts Payable Outstanding Check -153.00 10/18/2024 10/31/2024 60511 MANUEL MARTINEZ Accounts Payable Cleared Check -149.00 10/18/2024 10/31/2024 60512 MICHAEL FROIO Accounts Payable Cleared Check -153.00 10/18/2024 60513 SHAUN JOHNSON Accounts Payable Outstanding Check -212.00 10/18/2024 60514 STACEY MATTINA Accounts Payable Outstanding Check -153.00 10/18/2024 10/31/2024 APA006573 ALPHA ANALYTICAL LABORATORIES Accounts Payable Cleared AP Automation -140.00 10/18/2024 10/31/2024 APA006574 AMAZON CAPITAL SERVICES, INC. Accounts Payable Cleared AP Automation -1,199.66 10/18/2024 10/31/2024 APA006575 AmWINS GROUP BENEFITS, INC. Accounts Payable Cleared AP Automation -24,736.80 10/18/2024 10/31/2024 APA006576 APEX TECHNOLOGY MGMT, INC. Accounts Payable Cleared AP Automation -1,804.24 10/18/2024 10/31/2024 APA006577 AT&T Accounts Payable Cleared AP Automation -3,354.75 10/18/2024 10/31/2024 APA006578 CALIF PEACE OFFICERS ASSOCIATION Accounts Payable Cleared AP Automation -150.00 10/18/2024 10/31/2024 APA006579 CLEARLAKE REDI-MIX INC. Accounts Payable Cleared AP Automation -508.95 10/18/2024 10/31/2024 APA006580 COMBS CONSULTING GROUP Accounts Payable Cleared AP Automation -250.00 10/18/2024 10/31/2024 APA006581 DEEP VALLEY SECURITY Accounts Payable Cleared AP Automation -594.35 10/18/2024 10/31/2024 APA006582 DEPT OF JUSTICE Accounts Payable Cleared AP Automation -210.00 10/18/2024 10/31/2024 APA006583 ELEVATE WIRELESS CORP Accounts Payable Cleared AP Automation -15,465.83 10/18/2024 10/31/2024 APA006584 EUREKA OXYGEN COMPANY Accounts Payable Cleared AP Automation -615.52 10/18/2024 10/31/2024 APA006585 FERRELLGAS Accounts Payable Cleared AP Automation -61.97 10/18/2024 10/31/2024 APA006586 GOLDEN GATE K9, LLC Accounts Payable Cleared AP Automation -1,200.00 10/18/2024 10/31/2024 APA006587 GRAINGER Accounts Payable Cleared AP Automation -224.48 10/18/2024 10/31/2024 APA006588 IT'S ABOUT TIME, INC Accounts Payable Cleared AP Automation -333.79 10/18/2024 10/31/2024 APA006589 LAKE COUNTY RECORD BEE Accounts Payable Cleared AP Automation -593.60 10/18/2024 10/31/2024 APA006590 LAKEPORT MAIN STREET ASSN. Accounts Payable Cleared AP Automation -5,000.00 10/18/2024 10/31/2024 APA006591 LEE'S SPORTING GOODS Accounts Payable Cleared AP Automation -3,022.54 10/18/2024 10/31/2024 APA006592 LENAHAN, SLATER, PEARSE & MAJERNIK, LLP Accounts Payable Cleared AP Automation -117.00 10/18/2024 10/31/2024 APA006593 MANAGEMENT CONNECTIONS Accounts Payable Cleared AP Automation -1,916.46 10/18/2024 10/31/2024 APA006594 MANAGEMENT CONNECTIONS (Cloverdale) Accounts Payable Cleared AP Automation -75.00 10/18/2024 10/31/2024 APA006595 MC ENGINEERING, INC Accounts Payable Cleared AP Automation -3,407.88 10/18/2024 10/31/2024 APA006596 MEDIACOM Accounts Payable Cleared AP Automation -229.95 10/18/2024 10/31/2024 APA006597 MENDO MILL & LUMBER CO. Accounts Payable Cleared AP Automation -2,196.88 10/18/2024 10/31/2024 APA006598 MYERS STEVENS & TOOHEY & CO. Accounts Payable Cleared AP Automation -267.30 10/18/2024 10/31/2024 APA006599 NAPA AUTO - LAKE PARTS Accounts Payable Cleared AP Automation -1,885.84 10/18/2024 10/31/2024 APA006600 PACE SUPPLY #03391-00 Accounts Payable Cleared AP Automation -185.31 10/18/2024 10/31/2024 APA006601 PAUL R. CURREN Accounts Payable Cleared AP Automation -5,035.00 10/18/2024 10/31/2024 APA006602 PG&E Accounts Payable Cleared AP Automation -37,718.89 10/18/2024 10/31/2024 APA006603 RICOH USA, INC. Accounts Payable Cleared AP Automation -401.64 10/18/2024 10/31/2024 APA006604 STAPLES BUSINESS ADVANTAGE Accounts Payable Cleared AP Automation -1,043.34 10/18/2024 10/31/2024 APA006605 SUTTER LAKESIDE HOSPITAL Accounts Payable Cleared AP Automation -50.00 10/18/2024 10/31/2024 APA006606 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY Accounts Payable Cleared AP Automation -1,398.41 10/18/2024 10/31/2024 APA006607 TRI-CITIES ANSWERING SERVICE Accounts Payable Cleared AP Automation -232.99 Bank Transaction Report Issued Date Range: -
1/7/2025 4:21:25 PM Page 6 of 19
Cleared
Date Number Description Module Status Type Amount
Issued
Date
10/18/2024 10/31/2024 APA006608 UNIVAR USA INC. Accounts Payable Cleared AP Automation -6,024.75 10/18/2024 10/31/2024 APA006609 US BANK Accounts Payable Cleared AP Automation -5,040.00 10/18/2024 10/31/2024 APA006610 US BANK NATIONAL ASSOCIATION Accounts Payable Cleared AP Automation -89,657.08 10/18/2024 10/31/2024 APA006611 USA BLUE BOOK Accounts Payable Cleared AP Automation -2,027.49 10/18/2024 10/31/2024 APA006612 VANIR CONSTRUCTION MGMT, INC. Accounts Payable Cleared AP Automation -13,884.60 10/18/2024 10/31/2024 APA006613 VERIZON WIRELESS Accounts Payable Cleared AP Automation -38.01 10/18/2024 10/31/2024 APA006614 WESTGATE PETROLEUM CO., INC. Accounts Payable Cleared AP Automation -1,365.13 10/18/2024 10/31/2024 APA006615 WILLDAN FINANCIAL SERVICES Accounts Payable Cleared AP Automation -6,091.25 10/18/2024 10/31/2024 DFT0003634 CALPERS Accounts Payable Cleared Bank Draft -3,895.05 10/18/2024 10/31/2024 DFT0003635 CALPERS Accounts Payable Cleared Bank Draft -3,897.87 10/18/2024 10/31/2024 DFT0003636 CALPERS Accounts Payable Cleared Bank Draft -5,781.22 10/18/2024 10/31/2024 DFT0003637 CALPERS Accounts Payable Cleared Bank Draft -5,870.74 10/18/2024 10/31/2024 DFT0003638 CALPERS Accounts Payable Cleared Bank Draft -3,517.29 10/18/2024 10/31/2024 DFT0003639 CALPERS Accounts Payable Cleared Bank Draft -6,212.42 10/18/2024 10/31/2024 DFT0003640 CALPERS Accounts Payable Cleared Bank Draft -476.20 10/18/2024 10/31/2024 DFT0003641 CALPERS Accounts Payable Cleared Bank Draft -1,287.33 10/18/2024 10/31/2024 DFT0003642 CALPERS Accounts Payable Cleared Bank Draft -48.36 10/18/2024 10/31/2024 DFT0003643 CALPERS Accounts Payable Cleared Bank Draft -6.91 10/18/2024 10/31/2024 DFT0003644 IRS Accounts Payable Cleared Bank Draft -4,571.62 10/18/2024 10/31/2024 DFT0003645 CA EMP DEVELOPMENT DEPT Accounts Payable Cleared Bank Draft -5,451.40 10/18/2024 10/31/2024 DFT0003646 CA EMP DEVELOPMENT DEPT Accounts Payable Cleared Bank Draft -1,728.50 10/18/2024 10/31/2024 DFT0003647 IRS Accounts Payable Cleared Bank Draft -13,751.29 10/18/2024 10/31/2024 DFT0003648 IRS Accounts Payable Cleared Bank Draft -259.40 10/22/2024 10/31/2024 60521 SWRCB Accounts Payable Cleared Check -149.00 10/28/2024 60522 ANDREW WELTER Accounts Payable Outstanding Check -40.00 10/28/2024 10/31/2024 60523 BUSINESS DESIGN SERVICES Accounts Payable Cleared Check -3,099.38 10/28/2024 60524 TS WORLDWIDE, LLC (dba HVS) Accounts Payable Outstanding Check -8,500.00 10/28/2024 10/31/2024 APA006616 4LEAF, INC. Accounts Payable Cleared AP Automation -480.00 10/28/2024 10/31/2024 APA006617 ALPHA ANALYTICAL LABORATORIES Accounts Payable Cleared AP Automation -70.00 10/28/2024 10/31/2024 APA006618 AMERICAN RIVER COLLEGE Accounts Payable Cleared AP Automation -99.00 10/28/2024 10/31/2024 APA006619 AT&T Accounts Payable Cleared AP Automation -251.45 10/28/2024 10/31/2024 APA006620 AT&T Accounts Payable Cleared AP Automation -251.45 10/28/2024 10/31/2024 APA006621 AT&T Accounts Payable Cleared AP Automation -112.94 10/28/2024 10/31/2024 APA006622 AT&T Accounts Payable Cleared AP Automation -31.57 10/28/2024 10/31/2024 APA006623 AT&T Accounts Payable Cleared AP Automation -214.00 10/28/2024 10/31/2024 APA006624 AT&T CALNET3 Accounts Payable Cleared AP Automation -524.72 10/28/2024 10/31/2024 APA006625 CLASSIC AUTO BODY Accounts Payable Cleared AP Automation -5,429.23 10/28/2024 10/31/2024 APA006626 CLEAR LAKE ENVIRONMENTAL RESEARCH CENTER Accounts Payable Cleared AP Automation -2,735.00 10/28/2024 10/31/2024 APA006627 DOGFATHER K9 CONNECTIONS, LLC Accounts Payable Cleared AP Automation -378.00 10/28/2024 10/31/2024 APA006628 DUDEK Accounts Payable Cleared AP Automation -12,687.02 10/28/2024 10/31/2024 APA006629 FED EX Accounts Payable Cleared AP Automation -9.05 10/28/2024 10/31/2024 APA006630 GARTON TRACTOR Accounts Payable Cleared AP Automation -1,071.81 10/28/2024 10/31/2024 APA006631 GHILOTTI CONSTRUCTION COMPANY Accounts Payable Cleared AP Automation -997,286.66 Bank Transaction Report Issued Date Range: -
1/7/2025 4:21:25 PM Page 7 of 19
Cleared
Date Number Description Module Status Type Amount
Issued
Date
10/28/2024 10/31/2024 APA006632 GRAINGER Accounts Payable Cleared AP Automation -2,350.36 10/28/2024 10/31/2024 APA006633 GRANITE CONSTRUCTION COMPANY Accounts Payable Cleared AP Automation -3,284.53 10/28/2024 10/31/2024 APA006634 GROW WEST Accounts Payable Cleared AP Automation -620.00 10/28/2024 10/31/2024 APA006635 IT'S ABOUT TIME, INC Accounts Payable Cleared AP Automation -126.58 10/28/2024 10/31/2024 APA006636 LAKE COUNTY NEWS Accounts Payable Cleared AP Automation -338.00 10/28/2024 10/31/2024 APA006637 LEAGUE OF CALIFORNIA CITIES Accounts Payable Cleared AP Automation -120.00 10/28/2024 10/31/2024 APA006638 LEETE GENERATORS Accounts Payable Cleared AP Automation -4,552.80 10/28/2024 10/31/2024 APA006639 MANAGEMENT CONNECTIONS Accounts Payable Cleared AP Automation -3,330.99 10/28/2024 10/31/2024 APA006640 MEDIACOM Accounts Payable Cleared AP Automation -316.63 10/28/2024 10/31/2024 APA006641 NHA ADVISORS Accounts Payable Cleared AP Automation -2,000.00 10/28/2024 10/31/2024 APA006642 O'REILLY AUTO PARTS Accounts Payable Cleared AP Automation -62.63 10/28/2024 10/31/2024 APA006643 PACE SUPPLY #03391-00 Accounts Payable Cleared AP Automation -8,011.86 10/28/2024 10/31/2024 APA006644 PG&E Accounts Payable Cleared AP Automation -10.91 10/28/2024 10/31/2024 APA006645 PLAZA PAINT & SUPPLIES Accounts Payable Cleared AP Automation -180.55 10/28/2024 10/31/2024 APA006646 POLESTAR COMPUTERS Accounts Payable Cleared AP Automation -5,548.13 10/28/2024 10/31/2024 APA006647 RAINBOW AGRICULTURAL SERVICES Accounts Payable Cleared AP Automation -98.63 10/28/2024 10/31/2024 APA006648 REMIF Accounts Payable Cleared AP Automation -164.72 10/28/2024 10/31/2024 APA006649 RICOH - WELLS FARGO VENDOR FIN SVCS, LLC Accounts Payable Cleared AP Automation -254.93 10/28/2024 10/31/2024 APA006650 RICOH USA, INC. Accounts Payable Cleared AP Automation -138.64 10/28/2024 10/31/2024 APA006651 SONOMA RSA, INC Accounts Payable Cleared AP Automation -4,902.50 10/28/2024 10/31/2024 APA006652 THATCHER COMPANY OF CA., INC. Accounts Payable Cleared AP Automation -12,540.01 10/28/2024 10/31/2024 APA006653 TIRE HUB Accounts Payable Cleared AP Automation -277.55 10/28/2024 10/31/2024 APA006654 UNIVAR USA INC. Accounts Payable Cleared AP Automation -5,648.20 10/28/2024 10/31/2024 APA006655 VERIZON WIRELESS Accounts Payable Cleared AP Automation -964.29 10/28/2024 10/31/2024 APA006656 VESTIS Accounts Payable Cleared AP Automation -73.38 10/28/2024 10/31/2024 APA006657 VISIT LAKE COUNTY CALIFORNIA Accounts Payable Cleared AP Automation -917.56 10/28/2024 10/31/2024 APA006658 WECO INDUSTRIES Accounts Payable Cleared AP Automation -4,342.41 10/28/2024 10/31/2024 APA006659 ZUMAR INDUSTRIES, INC. Accounts Payable Cleared AP Automation -597.73 11/01/2024 60525 AFLAC Accounts Payable Outstanding Check -639.47 11/01/2024 60526 CA STATE DISBURSEMENT UNIT Accounts Payable Outstanding Check -582.68 11/01/2024 60527 LAKEPORT EMPLOYEE'S ASSOC Accounts Payable Outstanding Check -360.00 11/01/2024 60528 LPOA Accounts Payable Outstanding Check -670.00 11/01/2024 60529 NATIONWIDE RETIREMENT SOLUTION Accounts Payable Outstanding Check -875.00 11/01/2024 60530 VALIC - C/O JP MORGAN CHASE Accounts Payable Outstanding Check -2,060.96 11/01/2024 60531 CA BLDG STANDARDS COMMISSION Accounts Payable Outstanding Check -96.30 11/01/2024 60532 DEPT OF CONSERVATION Accounts Payable Outstanding Check -290.50 11/01/2024 60533 DIVISION OF STATE ARCHITECT Accounts Payable Outstanding Check -120.00 11/01/2024 APA006660 AT&T CALNET3 Accounts Payable Outstanding AP Automation -139.57 11/01/2024 APA006661 AT&T CALNET3 Accounts Payable Outstanding AP Automation -289.87 11/01/2024 APA006662 CENTER FOR HEARING HEALTH, INC Accounts Payable Outstanding AP Automation -1,035.00 11/01/2024 APA006663 IMAGE SALES, INC. Accounts Payable Outstanding AP Automation -24.68 11/01/2024 APA006664 IMAGINE REPORTING / LEXITAS Accounts Payable Outstanding AP Automation -1,966.10 11/01/2024 APA006665 IRONEDGE GROUP Accounts Payable Outstanding AP Automation -1,680.00 Bank Transaction Report Issued Date Range: -
1/7/2025 4:21:25 PM Page 8 of 19
Cleared
Date Number Description Module Status Type Amount
Issued
Date
11/01/2024 APA006666 IT'S ABOUT TIME, INC Accounts Payable Outstanding AP Automation -37.08 11/01/2024 APA006667 L. N. CURTIS & SONS Accounts Payable Outstanding AP Automation -144.41 11/01/2024 APA006668 RAINBOW AGRICULTURAL SERVICES Accounts Payable Outstanding AP Automation -46.32 11/01/2024 APA006669 REMIF Accounts Payable Outstanding AP Automation -116,773.64 11/01/2024 APA006670 SEBIS DIRECT, INC. Accounts Payable Outstanding AP Automation -553.21 11/01/2024 APA006671 SHRED-IT USA LLC Accounts Payable Outstanding AP Automation -207.72 11/01/2024 APA006672 SUNNY COMMUNICATIONS LLC Accounts Payable Outstanding AP Automation -2,755.74 11/01/2024 APA006673 U.S. BANK CORPORATE PAYMENT SYSTEMS Accounts Payable Outstanding AP Automation -13,090.07 11/01/2024 APA006674 US NIGHT VISION CORP Accounts Payable Outstanding AP Automation -12,636.73 11/01/2024 APA006675 US POSTMASTER - ARIZONA Accounts Payable Outstanding AP Automation -1,269.28 11/01/2024 APA006676 WESTGATE PETROLEUM CO., INC. Accounts Payable Outstanding AP Automation -5,586.58 11/01/2024 DFT0003650 CALPERS Accounts Payable Outstanding Bank Draft -4,370.85 11/01/2024 DFT0003651 CALPERS Accounts Payable Outstanding Bank Draft -4,374.01 11/01/2024 DFT0003652 CALPERS Accounts Payable Outstanding Bank Draft -5,717.08 11/01/2024 DFT0003653 CALPERS Accounts Payable Outstanding Bank Draft -5,805.61 11/01/2024 DFT0003654 CALPERS Accounts Payable Outstanding Bank Draft -3,517.29 11/01/2024 DFT0003655 CALPERS Accounts Payable Outstanding Bank Draft -6,212.40 11/01/2024 DFT0003656 CALPERS Accounts Payable Outstanding Bank Draft -476.20 11/01/2024 DFT0003657 CALPERS Accounts Payable Outstanding Bank Draft -1,287.33 11/01/2024 DFT0003658 CALPERS Accounts Payable Outstanding Bank Draft -49.29 11/01/2024 DFT0003659 CALPERS Accounts Payable Outstanding Bank Draft -6.91 11/01/2024 DFT0003660 IRS Accounts Payable Outstanding Bank Draft -4,710.54 11/01/2024 DFT0003661 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -5,808.47 11/01/2024 DFT0003662 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -1,784.99 11/01/2024 DFT0003663 IRS Accounts Payable Outstanding Bank Draft -14,601.68 11/01/2024 DFT0003664 IRS Accounts Payable Outstanding Bank Draft -192.20 11/06/2024 60534 TAP MASTER, INC Accounts Payable Outstanding Check -2,195.00 11/06/2024 60535 DAWN MILLER Accounts Payable Outstanding Check -235.00 11/06/2024 60536 JONATAN MORENO Accounts Payable Outstanding Check -46.00 11/06/2024 60537 KELLY BUENDIA Accounts Payable Outstanding Check -235.00 11/07/2024 APA006677 ALPHA ANALYTICAL LABORATORIES Accounts Payable Outstanding AP Automation -5,465.00 11/07/2024 APA006678 AMAZON CAPITAL SERVICES, INC. Accounts Payable Outstanding AP Automation -57.08 11/07/2024 APA006679 AQUA PRODUCTS Accounts Payable Outstanding AP Automation -36.98 11/07/2024 APA006680 AT&T CALNET3 Accounts Payable Outstanding AP Automation -378.68 11/07/2024 APA006681 AT&T CALNET3 Accounts Payable Outstanding AP Automation -244.21 11/07/2024 APA006682 AT&T CALNET3 Accounts Payable Outstanding AP Automation -92.16 11/07/2024 APA006683 BRELJE & RACE CONSULTING ENGINEERS Accounts Payable Outstanding AP Automation -9,065.00 11/07/2024 APA006684 CALIF INTERGOVERNMENTAL RISK AUTHORITY Accounts Payable Outstanding AP Automation -6,251.67 11/07/2024 APA006685 EDD Accounts Payable Outstanding AP Automation -102.00 11/07/2024 APA006686 ENTERPRISE - EAN SERVICES, LLC Accounts Payable Outstanding AP Automation -246.26 11/07/2024 APA006687 FERRELLGAS Accounts Payable Outstanding AP Automation -12.00 11/07/2024 APA006688 GRANITE CONSTRUCTION COMPANY Accounts Payable Outstanding AP Automation -202.17 11/07/2024 APA006689 HIGH COUNTRY SECURITY Accounts Payable Outstanding AP Automation -114.00 Bank Transaction Report Issued Date Range: -
1/7/2025 4:21:25 PM Page 9 of 19
Cleared
Date Number Description Module Status Type Amount
Issued
Date
11/07/2024 APA006690 IT'S ABOUT TIME, INC Accounts Payable Outstanding AP Automation -145.12 11/07/2024 APA006691 JAMES DAY CONSTRUCTION, INC. Accounts Payable Outstanding AP Automation -350,214.87 11/07/2024 APA006692 LAKE COUNTY ELECTRIC SUPPLY Accounts Payable Outstanding AP Automation -155.23 11/07/2024 APA006693 LANGUAGE LINE SERVICES, INC. Accounts Payable Outstanding AP Automation -3.76 11/07/2024 APA006694 LEE'S SPORTING GOODS Accounts Payable Outstanding AP Automation -594.97 11/07/2024 APA006695 MANAGEMENT CONNECTIONS Accounts Payable Outstanding AP Automation -1,186.38 11/07/2024 APA006696 MEDIACOM Accounts Payable Outstanding AP Automation -229.95 11/07/2024 APA006697 PACE SUPPLY #03391-00 Accounts Payable Outstanding AP Automation -1,103.92 11/07/2024 APA006698 PAPE MACHINERY Accounts Payable Outstanding AP Automation -77.81 11/07/2024 APA006699 PEOPLE SERVICES, INC. Accounts Payable Outstanding AP Automation -200.00 11/07/2024 APA006700 PG&E Accounts Payable Outstanding AP Automation -1,571.82 11/07/2024 APA006701 PG&E Accounts Payable Outstanding AP Automation -547.42 11/07/2024 APA006702 PG&E Accounts Payable Outstanding AP Automation -132.98 11/07/2024 APA006703 PG&E Accounts Payable Outstanding AP Automation -278.77 11/07/2024 APA006704 PG&E Accounts Payable Outstanding AP Automation -454.49 11/07/2024 APA006705 PG&E Accounts Payable Outstanding AP Automation -54.17 11/07/2024 APA006706 PG&E Accounts Payable Outstanding AP Automation -909.49 11/07/2024 APA006707 RICOH - WELLS FARGO VENDOR FIN SVCS, LLC Accounts Payable Outstanding AP Automation -491.23 11/07/2024 APA006708 SAFETY-KLEEN CORPORATION Accounts Payable Outstanding AP Automation -272.00 11/07/2024 APA006709 SQUARE SIGNS LLC Accounts Payable Outstanding AP Automation -7,140.22 11/07/2024 APA006710 STAPLES BUSINESS ADVANTAGE Accounts Payable Outstanding AP Automation -235.01 11/07/2024 APA006711 USA BLUE BOOK Accounts Payable Outstanding AP Automation -283.30 11/07/2024 APA006712 VERIZON WIRELESS Accounts Payable Outstanding AP Automation -619.99 11/07/2024 APA006713 WALTER K. BARR, D.C. Accounts Payable Outstanding AP Automation -150.00 11/07/2024 APA006714 WASSON MEMORIAL VETERINARY CLINIC Accounts Payable Outstanding AP Automation -72.85 11/13/2024 DFT0003667 IRS Accounts Payable Outstanding Bank Draft -143.72 11/13/2024 DFT0003668 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -338.16 11/13/2024 DFT0003669 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -54.51 11/13/2024 DFT0003670 IRS Accounts Payable Outstanding Bank Draft -786.99 11/14/2024 60545 LAKEPORT DISPOSAL, INC. Accounts Payable Outstanding Check -110,927.10 11/15/2024 60538 AFLAC Accounts Payable Outstanding Check -639.47 11/15/2024 60539 CA STATE DISBURSEMENT UNIT Accounts Payable Outstanding Check -582.68 11/15/2024 60540 LAKEPORT EMPLOYEE'S ASSOC Accounts Payable Outstanding Check -375.00 11/15/2024 60541 LEGALSHIELD Accounts Payable Outstanding Check -353.25 11/15/2024 60542 LPOA Accounts Payable Outstanding Check -605.00 11/15/2024 60543 NATIONWIDE RETIREMENT SOLUTION Accounts Payable Outstanding Check -1,075.00 11/15/2024 60544 VALIC - C/O JP MORGAN CHASE Accounts Payable Outstanding Check -2,060.96 11/15/2024 60546 ICMA Accounts Payable Outstanding Check -826.80 11/15/2024 60547 KATIE MORFIN Accounts Payable Outstanding Check -69.00 11/15/2024 60548 MARISSA MUNIZ ONATE Accounts Payable Outstanding Check -69.00 11/15/2024 60549 ROBERT SCHNEIDER Accounts Payable Outstanding Check -200.00 11/15/2024 60550 TODD FREITAS Accounts Payable Outstanding Check -69.00 11/15/2024 APA006715 ACTION SANITARY, INC. Accounts Payable Outstanding AP Automation -445.88 Bank Transaction Report Issued Date Range: -
1/7/2025 4:21:25 PM Page 10 of 19
Cleared
Date Number Description Module Status Type Amount
Issued
Date
11/15/2024 APA006716 ADAMS ASHBY GROUP, LLC. Accounts Payable Outstanding AP Automation -5,652.35 11/15/2024 APA006717 ALPHA ANALYTICAL LABORATORIES Accounts Payable Outstanding AP Automation -140.00 11/15/2024 APA006718 AMAZON CAPITAL SERVICES, INC. Accounts Payable Outstanding AP Automation -1,426.88 11/15/2024 APA006719 AmWINS GROUP BENEFITS, INC. Accounts Payable Outstanding AP Automation -24,736.80 11/15/2024 APA006720 APEX TECHNOLOGY MGMT, INC. Accounts Payable Outstanding AP Automation -6,687.89 11/15/2024 APA006721 AT&T Accounts Payable Outstanding AP Automation -3,354.75 11/15/2024 APA006722 AT&T CALNET3 Accounts Payable Outstanding AP Automation -524.72 11/15/2024 APA006723 BICOASTAL MEDIA, LLC. Accounts Payable Outstanding AP Automation -800.00 11/15/2024 APA006724 CLEARLAKE LAVA, INC. Accounts Payable Outstanding AP Automation -227.91 11/15/2024 APA006725 COLANTUONO, HIGHSMITH & WHATLEY, PC Accounts Payable Outstanding AP Automation -11,664.85 11/15/2024 APA006726 COMMERCIAL PUMP & MECHANICAL, INC. Accounts Payable Outstanding AP Automation -15,472.93 11/15/2024 APA006727 COMMUNITY DEVELOPMENT SERVICES Accounts Payable Outstanding AP Automation -2,475.00 11/15/2024 APA006728 CORO MEDICAL Accounts Payable Outstanding AP Automation -2,166.30 11/15/2024 APA006729 COUNTY OF LAKE ENVIRONMENTAL HEALTH Accounts Payable Outstanding AP Automation -4,886.00 11/15/2024 APA006730 COUNTY OF LAKE-SPECIAL DIST Accounts Payable Outstanding AP Automation -3,251.87 11/15/2024 APA006731 DEEP VALLEY SECURITY Accounts Payable Outstanding AP Automation -594.35 11/15/2024 APA006732 DUDEK Accounts Payable Outstanding AP Automation -39,703.19 11/15/2024 APA006733 ENTERPRISE - EAN SERVICES, LLC Accounts Payable Outstanding AP Automation -233.65 11/15/2024 APA006734 EUREKA OXYGEN COMPANY Accounts Payable Outstanding AP Automation -522.96 11/15/2024 APA006735 FERRELLGAS Accounts Payable Outstanding AP Automation -28.35 11/15/2024 APA006736 GARTON TRACTOR Accounts Payable Outstanding AP Automation -163.73 11/15/2024 APA006737 GRANITE CONSTRUCTION COMPANY Accounts Payable Outstanding AP Automation -855.64 11/15/2024 APA006738 IRONEDGE GROUP Accounts Payable Outstanding AP Automation -264.00 11/15/2024 APA006739 KELSEYVILLE TNT MINI STORAGE Accounts Payable Outstanding AP Automation -586.00 11/15/2024 APA006740 L. N. CURTIS & SONS Accounts Payable Outstanding AP Automation -127.65 11/15/2024 APA006741 LAKE COUNTY BROADBAND SOLUTIONS Accounts Payable Outstanding AP Automation -99.00 11/15/2024 APA006742 LAKE COUNTY ELECTRIC SUPPLY Accounts Payable Outstanding AP Automation -763.73 11/15/2024 APA006743 LAKE COUNTY TAX COLLECTOR Accounts Payable Outstanding AP Automation -3,199.96 11/15/2024 APA006744 LEXIS NEXIS RISK SOLUTIONS Accounts Payable Outstanding AP Automation -400.00 11/15/2024 APA006745 MANAGEMENT CONNECTIONS Accounts Payable Outstanding AP Automation -1,216.80 11/15/2024 APA006746 MARVINS GARDEN TREE SERVICE Accounts Payable Outstanding AP Automation -3,900.00 11/15/2024 APA006747 MATT MAZZEI CHRYSLER DODGE JEEP Accounts Payable Outstanding AP Automation -31.89 11/15/2024 APA006748 NATE'S ELECTRIC Accounts Payable Outstanding AP Automation -995.76 11/15/2024 APA006749 NATIONAL LEAGUE OF CITIES Accounts Payable Outstanding AP Automation -1,314.00 11/15/2024 APA006750 NICK BARBIERI TRUCKING, LLC Accounts Payable Outstanding AP Automation -2,353.42 11/15/2024 APA006751 NUSO Accounts Payable Outstanding AP Automation -275.84 11/15/2024 APA006752 ONLINE INFORMATION SERVICES Accounts Payable Outstanding AP Automation -36.30 11/15/2024 APA006753 PACE SUPPLY #03391-00 Accounts Payable Outstanding AP Automation -1,446.82 11/15/2024 APA006754 PAPE MACHINERY Accounts Payable Outstanding AP Automation -298.18 11/15/2024 APA006755 PAUL R. CURREN Accounts Payable Outstanding AP Automation -8,082.50 11/15/2024 APA006756 PETERSON TRUCKS, INC. Accounts Payable Outstanding AP Automation -938.45 11/15/2024 APA006757 PG&E Accounts Payable Outstanding AP Automation -32,042.22 11/15/2024 APA006758 R3 CONSULTING GROUP, INC. Accounts Payable Outstanding AP Automation -1,820.00 Bank Transaction Report Issued Date Range: -
1/7/2025 4:21:25 PM Page 11 of 19
Cleared
Date Number Description Module Status Type Amount
Issued
Date
11/15/2024 APA006759 RICOH - WELLS FARGO VENDOR FIN SVCS, LLC Accounts Payable Outstanding AP Automation -315.91 11/15/2024 APA006760 RICOH USA, INC. Accounts Payable Outstanding AP Automation -102.37 11/15/2024 APA006761 ROTARY CLUB OF LAKEPORT Accounts Payable Outstanding AP Automation -345.00 11/15/2024 APA006762 SEALMASTER Accounts Payable Outstanding AP Automation -512.18 11/15/2024 APA006763 SHRED-IT USA LLC Accounts Payable Outstanding AP Automation -206.16 11/15/2024 APA006764 THE SHOE BOX Accounts Payable Outstanding AP Automation -200.00 11/15/2024 APA006765 THE UPS STORE #5161 Accounts Payable Outstanding AP Automation -1.73 11/15/2024 APA006766 TRI-CITIES ANSWERING SERVICE Accounts Payable Outstanding AP Automation -141.04 11/15/2024 APA006767 UPS Accounts Payable Outstanding AP Automation -79.08 11/15/2024 APA006768 US BANK Accounts Payable Outstanding AP Automation -2,100.00 11/15/2024 APA006769 VALLEY TOXICOLOGY SERVICES INC Accounts Payable Outstanding AP Automation -100.00 11/15/2024 APA006770 VERIZON WIRELESS Accounts Payable Outstanding AP Automation -1,227.14 11/15/2024 APA006771 VESTIS Accounts Payable Outstanding AP Automation -146.76 11/15/2024 APA006772 WILDA SHOCK Accounts Payable Outstanding AP Automation -1,500.00 11/15/2024 APA006773 WILLDAN FINANCIAL SERVICES Accounts Payable Outstanding AP Automation -4,015.00 11/15/2024 APA006774 ZUMAR INDUSTRIES, INC. Accounts Payable Outstanding AP Automation -476.25 11/15/2024 DFT0003671 CALPERS Accounts Payable Outstanding Bank Draft -3,825.05 11/15/2024 DFT0003672 CALPERS Accounts Payable Outstanding Bank Draft -3,827.80 11/15/2024 DFT0003673 CALPERS Accounts Payable Outstanding Bank Draft -5,764.52 11/15/2024 DFT0003674 CALPERS Accounts Payable Outstanding Bank Draft -5,853.78 11/15/2024 DFT0003675 CALPERS Accounts Payable Outstanding Bank Draft -3,517.29 11/15/2024 DFT0003676 CALPERS Accounts Payable Outstanding Bank Draft -6,212.43 11/15/2024 DFT0003677 CALPERS Accounts Payable Outstanding Bank Draft -476.20 11/15/2024 DFT0003678 CALPERS Accounts Payable Outstanding Bank Draft -1,287.33 11/15/2024 DFT0003679 CALPERS Accounts Payable Outstanding Bank Draft -49.29 11/15/2024 DFT0003680 CALPERS Accounts Payable Outstanding Bank Draft -6.91 11/15/2024 DFT0003681 IRS Accounts Payable Outstanding Bank Draft -4,588.98 11/15/2024 DFT0003682 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -5,528.87 11/15/2024 DFT0003683 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -1,735.09 11/15/2024 DFT0003684 IRS Accounts Payable Outstanding Bank Draft -14,011.11 11/15/2024 DFT0003685 IRS Accounts Payable Outstanding Bank Draft -240.80 11/18/2024 60265 KEVIN M. INGRAM Reversal Accounts Payable Outstanding Check Reversal 56.30 11/18/2024 60301 LPOA Reversal Accounts Payable Outstanding Check Reversal 755.00 11/18/2024 60321 LPOA Reversal Accounts Payable Outstanding Check Reversal 755.00 11/18/2024 60333 SHAUN JOHNSON Reversal Accounts Payable Outstanding Check Reversal 36.00 11/18/2024 60551 KEVIN M. INGRAM Accounts Payable Outstanding Check -56.30 11/18/2024 60552 LPOA Accounts Payable Outstanding Check -1,510.00 11/18/2024 REFAPA005457 ANCHORAGE INN - LAKEPORT Accounts Payable Outstanding Bank Draft Reversal 179.98 11/18/2024 REFAPA005773 VALLEY TOXICOLOGY SERVICES INC Accounts Payable Outstanding Bank Draft Reversal 85.00 11/20/2024 60553 DALE STOEBE Accounts Payable Outstanding Check -170.00 11/20/2024 60554 MICHAEL FROIO Accounts Payable Outstanding Check -72.14 11/20/2024 APA006775 4LEAF, INC. Accounts Payable Outstanding AP Automation -1,360.00 11/20/2024 APA006776 ALPHA ANALYTICAL LABORATORIES Accounts Payable Outstanding AP Automation -3,869.00 Bank Transaction Report Issued Date Range: -
1/7/2025 4:21:25 PM Page 12 of 19
Cleared
Date Number Description Module Status Type Amount
Issued
Date
11/20/2024 APA006777 APEX TECHNOLOGY MGMT, INC. Accounts Payable Outstanding AP Automation -4,644.64 11/20/2024 APA006778 AT&T Accounts Payable Outstanding AP Automation -31.57 11/20/2024 APA006779 AT&T Accounts Payable Outstanding AP Automation -112.94 11/20/2024 APA006780 AT&T Accounts Payable Outstanding AP Automation -251.45 11/20/2024 APA006781 AT&T Accounts Payable Outstanding AP Automation -251.45 11/20/2024 APA006782 CIVICWELL Accounts Payable Outstanding AP Automation -28,214.00 11/20/2024 APA006783 CLEAR LAKE ENVIRONMENTAL RESEARCH CENTER Accounts Payable Outstanding AP Automation -3,225.00 11/20/2024 APA006784 COUNTY OF LAKE-HEALTH SVCS Accounts Payable Outstanding AP Automation -1,118.00 11/20/2024 APA006785 DAILEY WELLS COMMUNICATIONS, INC. Accounts Payable Outstanding AP Automation -380.84 11/20/2024 APA006786 DAVIS TIRE & AUTO REPAIR Accounts Payable Outstanding AP Automation -399.55 11/20/2024 APA006787 DEEP VALLEY SECURITY Accounts Payable Outstanding AP Automation -401.80 11/20/2024 APA006788 DEPT OF JUSTICE Accounts Payable Outstanding AP Automation -140.00 11/20/2024 APA006789 ELITE WINDOW AND SHOWER DOOR LLC Accounts Payable Outstanding AP Automation -693.62 11/20/2024 APA006790 FED EX Accounts Payable Outstanding AP Automation -7.71 11/20/2024 APA006791 FERRELLGAS Accounts Payable Outstanding AP Automation -376.76 11/20/2024 APA006792 GRANITE CONSTRUCTION COMPANY Accounts Payable Outstanding AP Automation -100,361.06 11/20/2024 APA006793 GROW WEST Accounts Payable Outstanding AP Automation -79.19 11/20/2024 APA006794 JONAS ENERGY SOLUTIONS Accounts Payable Outstanding AP Automation -170.00 11/20/2024 APA006795 KELSEYVILLE LUMBER Accounts Payable Outstanding AP Automation -601.88 11/20/2024 APA006796 LAKE COUNTY ELECTRIC SUPPLY Accounts Payable Outstanding AP Automation -183.64 11/20/2024 APA006797 LAKE COUNTY RECORD BEE Accounts Payable Outstanding AP Automation -842.26 11/20/2024 APA006798 MANAGEMENT CONNECTIONS Accounts Payable Outstanding AP Automation -866.97 11/20/2024 APA006799 MYERS STEVENS & TOOHEY & CO. Accounts Payable Outstanding AP Automation -346.50 11/20/2024 APA006800 NAPA AUTO - LAKE PARTS Accounts Payable Outstanding AP Automation -1,549.15 11/20/2024 APA006801 O'REILLY AUTO PARTS Accounts Payable Outstanding AP Automation -12.05 11/20/2024 APA006802 PACE ENGINEERING, INC. Accounts Payable Outstanding AP Automation -12,809.00 11/20/2024 APA006803 PACE SUPPLY #03391-00 Accounts Payable Outstanding AP Automation -5,598.23 11/20/2024 APA006804 PRENTICE LONG, PC Accounts Payable Outstanding AP Automation -445.50 11/20/2024 APA006805 RICOH - WELLS FARGO VENDOR FIN SVCS, LLC Accounts Payable Outstanding AP Automation -254.93 11/20/2024 APA006806 RICOH USA, INC. Accounts Payable Outstanding AP Automation -160.88 11/20/2024 APA006807 SONOMA RSA, INC Accounts Payable Outstanding AP Automation -2,992.50 11/20/2024 APA006808 SUTTER LAKESIDE HOSPITAL Accounts Payable Outstanding AP Automation -25.00 11/20/2024 APA006809 THATCHER COMPANY OF CA., INC. Accounts Payable Outstanding AP Automation -4,558.20 11/20/2024 APA006810 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY Accounts Payable Outstanding AP Automation -1,500.64 11/20/2024 APA006811 UCC RENTALS Accounts Payable Outstanding AP Automation -100.00 11/20/2024 APA006812 USA BLUE BOOK Accounts Payable Outstanding AP Automation -28.11 11/20/2024 APA006813 WESTGATE PETROLEUM CO., INC. Accounts Payable Outstanding AP Automation -3,421.28 11/20/2024 APA006814 WILDA SHOCK Accounts Payable Outstanding AP Automation -15.00 11/25/2024 60558 JIMMY'S DELI Accounts Payable Outstanding Check -400.00 11/25/2024 60559 KATIE MORFIN Accounts Payable Outstanding Check -290.00 11/25/2024 60560 MELISSA HUFF Accounts Payable Outstanding Check -290.00 11/25/2024 60561 PAUL HARRIS Accounts Payable Outstanding Check -424.40 11/25/2024 60562 REMIF Accounts Payable Outstanding Check -164.72 Bank Transaction Report Issued Date Range: -
1/7/2025 4:21:25 PM Page 13 of 19
Cleared
Date Number Description Module Status Type Amount
Issued
Date
11/25/2024 60563 REMIF Accounts Payable Outstanding Check -117,773.68 11/25/2024 60564 SUMMIT SIGNAL, INC Accounts Payable Outstanding Check -86,908.94 11/26/2024 60565 GEORGINA OLAZARAN Accounts Payable Outstanding Check -210,000.00 11/26/2024 60565 GEORGINA OLAZARAN Reversal Accounts Payable Outstanding Check Reversal 210,000.00 11/26/2024 60568 FIDELITY NATIONAL TITLE Accounts Payable Outstanding Check -210,000.00 11/27/2024 60555 CA STATE DISBURSEMENT UNIT Accounts Payable Outstanding Check -398.07 11/27/2024 60556 NATIONWIDE RETIREMENT SOLUTION Accounts Payable Outstanding Check -1,075.00 11/27/2024 60557 VALIC - C/O JP MORGAN CHASE Accounts Payable Outstanding Check -1,750.00 11/27/2024 DFT0003686 CALPERS Accounts Payable Outstanding Bank Draft -4,016.99 11/27/2024 DFT0003687 CALPERS Accounts Payable Outstanding Bank Draft -4,019.90 11/27/2024 DFT0003688 CALPERS Accounts Payable Outstanding Bank Draft -5,733.50 11/27/2024 DFT0003689 CALPERS Accounts Payable Outstanding Bank Draft -5,822.28 11/27/2024 DFT0003690 CALPERS Accounts Payable Outstanding Bank Draft -3,517.29 11/27/2024 DFT0003691 CALPERS Accounts Payable Outstanding Bank Draft -6,212.41 11/27/2024 DFT0003692 CALPERS Accounts Payable Outstanding Bank Draft -476.20 11/27/2024 DFT0003693 CALPERS Accounts Payable Outstanding Bank Draft -1,287.33 11/27/2024 DFT0003694 CALPERS Accounts Payable Outstanding Bank Draft -48.36 11/27/2024 DFT0003695 CALPERS Accounts Payable Outstanding Bank Draft -6.91 11/27/2024 DFT0003696 IRS Accounts Payable Outstanding Bank Draft -4,754.74 11/27/2024 DFT0003697 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -5,901.00 11/27/2024 DFT0003698 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -1,801.80 11/27/2024 DFT0003699 IRS Accounts Payable Outstanding Bank Draft -14,921.44 11/27/2024 DFT0003700 IRS Accounts Payable Outstanding Bank Draft -167.40 12/05/2024 60569 ANCHORAGE INN - LAKEPORT Accounts Payable Outstanding Check -179.98 12/05/2024 60570 MARK FETZER Accounts Payable Outstanding Check -176.76 12/05/2024 60571 RON LADD Accounts Payable Outstanding Check -821.11 12/09/2024 APA006815 ACTION SANITARY, INC. Accounts Payable Outstanding AP Automation -361.92 12/09/2024 APA006816 ALPHA ANALYTICAL LABORATORIES Accounts Payable Outstanding AP Automation -70.00 12/09/2024 APA006817 AT&T Accounts Payable Outstanding AP Automation -214.00 12/09/2024 APA006818 CALIF INTERGOVERNMENTAL RISK AUTHORITY Accounts Payable Outstanding AP Automation -811.00 12/09/2024 APA006819 CALIFORNIA PARK & RECREATION SOCIETY Accounts Payable Outstanding AP Automation -170.00 12/09/2024 APA006820 CLEARLAKE LAVA, INC. Accounts Payable Outstanding AP Automation -270.27 12/09/2024 APA006821 DAVIS TIRE & AUTO REPAIR Accounts Payable Outstanding AP Automation -180.00 12/09/2024 APA006822 DEEP VALLEY SECURITY Accounts Payable Outstanding AP Automation -946.86 12/09/2024 APA006823 DKF SOLUTIONS GROUP, LLC Accounts Payable Outstanding AP Automation -195.00 12/09/2024 APA006824 DOKKEN ENGINEERING Accounts Payable Outstanding AP Automation -6,784.30 12/09/2024 APA006825 EUREKA OXYGEN COMPANY Accounts Payable Outstanding AP Automation -1,705.11 12/09/2024 APA006826 FASTRAK INVOICE PROCESSING CENTER Accounts Payable Outstanding AP Automation -7.00 12/09/2024 APA006827 FED EX Accounts Payable Outstanding AP Automation -9.84 12/09/2024 APA006828 FERRELLGAS Accounts Payable Outstanding AP Automation -783.46 12/09/2024 APA006829 GHILOTTI CONSTRUCTION COMPANY Accounts Payable Outstanding AP Automation -734,559.26 12/09/2024 APA006830 INDUSTRIAL ELECTRIC MOTORS Accounts Payable Outstanding AP Automation -1,300.00 12/09/2024 APA006831 IRONEDGE GROUP Accounts Payable Outstanding AP Automation -275.64 Bank Transaction Report Issued Date Range: -
1/7/2025 4:21:25 PM Page 14 of 19
Cleared
Date Number Description Module Status Type Amount
Issued
Date
12/09/2024 APA006832 IT'S ABOUT TIME, INC Accounts Payable Outstanding AP Automation -21.70 12/09/2024 APA006833 JJACPA, INC. Accounts Payable Outstanding AP Automation -15,050.89 12/09/2024 APA006834 LAKE COUNTY ELECTRIC SUPPLY Accounts Payable Outstanding AP Automation -248.39 12/09/2024 APA006835 LEE'S SPORTING GOODS Accounts Payable Outstanding AP Automation -89.72 12/09/2024 APA006836 LEETE GENERATORS Accounts Payable Outstanding AP Automation -1,380.59 12/09/2024 APA006837 LEGAL UPDATES PUBLISHING COMPANY, INC. Accounts Payable Outstanding AP Automation -528.00 12/09/2024 APA006838 MANAGEMENT CONNECTIONS Accounts Payable Outstanding AP Automation -2,205.45 12/09/2024 APA006839 MC MASTER-CARR SUPPLY CO. Accounts Payable Outstanding AP Automation -73.93 12/09/2024 APA006840 MEDIACOM Accounts Payable Outstanding AP Automation -316.63 12/09/2024 APA006841 MENDO MILL & LUMBER CO. Accounts Payable Outstanding AP Automation -3,042.77 12/09/2024 APA006842 O'REILLY AUTO PARTS Accounts Payable Outstanding AP Automation -100.88 12/09/2024 APA006843 PACE SUPPLY #03391-00 Accounts Payable Outstanding AP Automation -3,119.25 12/09/2024 APA006844 PG&E Accounts Payable Outstanding AP Automation -10.98 12/09/2024 APA006845 PG&E Accounts Payable Outstanding AP Automation -1,723.61 12/09/2024 APA006846 PG&E Accounts Payable Outstanding AP Automation -498.20 12/09/2024 APA006847 PG&E Accounts Payable Outstanding AP Automation -884.41 12/09/2024 APA006848 PG&E Accounts Payable Outstanding AP Automation -58.31 12/09/2024 APA006849 PG&E Accounts Payable Outstanding AP Automation -174.37 12/09/2024 APA006850 PG&E Accounts Payable Outstanding AP Automation -155.72 12/09/2024 APA006851 PG&E Accounts Payable Outstanding AP Automation -385.89 12/09/2024 APA006852 POLLARD WATER Accounts Payable Outstanding AP Automation -82.82 12/09/2024 APA006853 R.S. HUGHES Accounts Payable Outstanding AP Automation -84.92 12/09/2024 APA006854 RAIN FOR RENT Accounts Payable Outstanding AP Automation -2,340.33 12/09/2024 APA006855 RAINBOW AGRICULTURAL SERVICES Accounts Payable Outstanding AP Automation -80.84 12/09/2024 APA006856 RB PEST CONTROL Accounts Payable Outstanding AP Automation -160.00 12/09/2024 APA006857 RICOH - WELLS FARGO VENDOR FIN SVCS, LLC Accounts Payable Outstanding AP Automation -491.23 12/09/2024 APA006858 ROTARY CLUB OF LAKEPORT Accounts Payable Outstanding AP Automation -100.00 12/09/2024 APA006859 STAPLES BUSINESS ADVANTAGE Accounts Payable Outstanding AP Automation -919.88 12/09/2024 APA006860 THE UPS STORE #5161 Accounts Payable Outstanding AP Automation -70.77 12/09/2024 APA006861 TRIPEPI SMITH & ASSOCIATES, INC. Accounts Payable Outstanding AP Automation -10,400.00 12/09/2024 APA006862 TUFTS POLYGRAPH & INVESTIGATIONS Accounts Payable Outstanding AP Automation -400.00 12/09/2024 APA006863 TYLER TECHNOLOGIES, INC. Accounts Payable Outstanding AP Automation -49,538.91 12/09/2024 APA006864 UKIAH PAPER SUPPLY, INC. Accounts Payable Outstanding AP Automation -3,314.07 12/09/2024 APA006865 USA BLUE BOOK Accounts Payable Outstanding AP Automation -1,614.13 12/09/2024 APA006866 VANIR CONSTRUCTION MGMT, INC. Accounts Payable Outstanding AP Automation -12,061.95 12/09/2024 APA006867 VERIZON WIRELESS Accounts Payable Outstanding AP Automation -964.30 12/09/2024 APA006868 VESTIS Accounts Payable Outstanding AP Automation -73.38 12/09/2024 APA006869 WESTGATE PETROLEUM CO., INC. Accounts Payable Outstanding AP Automation -6,677.54 12/13/2024 60572 AFLAC Accounts Payable Outstanding Check -639.47 12/13/2024 60573 CA STATE DISBURSEMENT UNIT Accounts Payable Outstanding Check -398.07 12/13/2024 60574 LAKEPORT EMPLOYEE'S ASSOC Accounts Payable Outstanding Check -315.00 12/13/2024 60575 LPOA Accounts Payable Outstanding Check -605.00 12/13/2024 60576 NATIONWIDE RETIREMENT SOLUTION Accounts Payable Outstanding Check -1,075.00 Bank Transaction Report Issued Date Range: -
1/7/2025 4:21:25 PM Page 15 of 19
Cleared
Date Number Description Module Status Type Amount
Issued
Date
12/13/2024 60577 VALIC - C/O JP MORGAN CHASE Accounts Payable Outstanding Check -2,060.96 12/13/2024 60578 MELISSA HUFF Accounts Payable Outstanding Check -231.26 12/13/2024 60579 SANTANA'S COTTAGE Accounts Payable Outstanding Check -1,636.34 12/13/2024 60580 SANTANA'S COTTAGE Accounts Payable Outstanding Check -500.00 12/13/2024 APA006870 ADAMS ASHBY GROUP, LLC. Accounts Payable Outstanding AP Automation -2,727.95 12/13/2024 APA006871 AMAZON CAPITAL SERVICES, INC. Accounts Payable Outstanding AP Automation -18.36 12/13/2024 APA006872 AT&T Accounts Payable Outstanding AP Automation -3,354.75 12/13/2024 APA006873 AT&T CALNET3 Accounts Payable Outstanding AP Automation -288.95 12/13/2024 APA006874 AT&T CALNET3 Accounts Payable Outstanding AP Automation -139.46 12/13/2024 APA006875 AT&T CALNET3 Accounts Payable Outstanding AP Automation -243.65 12/13/2024 APA006876 AT&T CALNET3 Accounts Payable Outstanding AP Automation -524.72 12/13/2024 APA006877 AT&T CALNET3 Accounts Payable Outstanding AP Automation -90.72 12/13/2024 APA006878 AT&T CALNET3 Accounts Payable Outstanding AP Automation -378.22 12/13/2024 APA006879 CLEARLAKE LAVA, INC. Accounts Payable Outstanding AP Automation -1,081.08 12/13/2024 APA006880 COLANTUONO, HIGHSMITH & WHATLEY, PC Accounts Payable Outstanding AP Automation -8,812.92 12/13/2024 APA006881 COMMUNITY DEVELOPMENT SERVICES Accounts Payable Outstanding AP Automation -2,700.00 12/13/2024 APA006882 COUNTY OF LAKE - INFO TECH Accounts Payable Outstanding AP Automation -3,525.25 12/13/2024 APA006883 CRITICAL REACH, INC. Accounts Payable Outstanding AP Automation -275.00 12/13/2024 APA006884 DEEP VALLEY SECURITY Accounts Payable Outstanding AP Automation -594.35 12/13/2024 APA006885 DOKKEN ENGINEERING Accounts Payable Outstanding AP Automation -175.23 12/13/2024 APA006886 ENTERPRISE - EAN SERVICES, LLC Accounts Payable Outstanding AP Automation -192.08 12/13/2024 APA006887 EUREKA OXYGEN COMPANY Accounts Payable Outstanding AP Automation -326.36 12/13/2024 APA006888 GOLDEN GATE K9, LLC Accounts Payable Outstanding AP Automation -1,200.00 12/13/2024 APA006889 HIGH COUNTRY SECURITY Accounts Payable Outstanding AP Automation -165.00 12/13/2024 APA006890 IRONEDGE GROUP Accounts Payable Outstanding AP Automation -114.00 12/13/2024 APA006891 IT'S ABOUT TIME, INC Accounts Payable Outstanding AP Automation -43.50 12/13/2024 APA006892 JAMES DAY CONSTRUCTION, INC. Accounts Payable Outstanding AP Automation -494.00 12/13/2024 APA006893 JJACPA, INC. Accounts Payable Outstanding AP Automation -12,449.09 12/13/2024 APA006894 KELSEYVILLE LUMBER Accounts Payable Outstanding AP Automation -244.48 12/13/2024 APA006895 L. N. CURTIS & SONS Accounts Payable Outstanding AP Automation -1,436.98 12/13/2024 APA006896 LAKE COUNTY BROADBAND SOLUTIONS Accounts Payable Outstanding AP Automation -99.00 12/13/2024 APA006897 LAKE COUNTY ELECTRIC SUPPLY Accounts Payable Outstanding AP Automation -65.90 12/13/2024 APA006898 MEDIACOM Accounts Payable Outstanding AP Automation -229.95 12/13/2024 APA006899 NOR BAY CONSULTING Accounts Payable Outstanding AP Automation -1,500.00 12/13/2024 APA006900 NUSO Accounts Payable Outstanding AP Automation -279.98 12/13/2024 APA006901 ONLINE INFORMATION SERVICES Accounts Payable Outstanding AP Automation -14.52 12/13/2024 APA006902 PACE SUPPLY #03391-00 Accounts Payable Outstanding AP Automation -253.39 12/13/2024 APA006903 PINNACLE PUBLIC FINANCE, INC. Accounts Payable Outstanding AP Automation -21,928.75 12/13/2024 APA006904 PITNEY BOWES BANK INC PURCHASE POWER Accounts Payable Outstanding AP Automation -502.25 12/13/2024 APA006905 R3 CONSULTING GROUP, INC. Accounts Payable Outstanding AP Automation -2,830.00 12/13/2024 APA006906 RAIN FOR RENT Accounts Payable Outstanding AP Automation -2,154.33 12/13/2024 APA006907 RICOH - WELLS FARGO VENDOR FIN SVCS, LLC Accounts Payable Outstanding AP Automation -315.91 12/13/2024 APA006908 RICOH USA, INC. Accounts Payable Outstanding AP Automation -102.37 Bank Transaction Report Issued Date Range: -
1/7/2025 4:21:25 PM Page 16 of 19
Cleared
Date Number Description Module Status Type Amount
Issued
Date
12/13/2024 APA006909 SANTA ROSA JUNIOR COLLEGE Accounts Payable Outstanding AP Automation -72.50 12/13/2024 APA006910 SEBIS DIRECT, INC. Accounts Payable Outstanding AP Automation -1,262.83 12/13/2024 APA006911 SHRED-IT USA LLC Accounts Payable Outstanding AP Automation -103.08 12/13/2024 APA006912 STAPLES BUSINESS ADVANTAGE Accounts Payable Outstanding AP Automation -689.54 12/13/2024 APA006913 T&T PAVING, INC. Accounts Payable Outstanding AP Automation -17,513.33 12/13/2024 APA006914 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY Accounts Payable Outstanding AP Automation -1,430.31 12/13/2024 APA006915 THE UPS STORE #5161 Accounts Payable Outstanding AP Automation -112.12 12/13/2024 APA006916 TIRE HUB Accounts Payable Outstanding AP Automation -930.53 12/13/2024 APA006917 UPS Accounts Payable Outstanding AP Automation -6.33 12/13/2024 APA006918 VERIZON WIRELESS Accounts Payable Outstanding AP Automation -619.99 12/13/2024 APA006919 VESTIS Accounts Payable Outstanding AP Automation -36.69 12/13/2024 APA006920 VISIT LAKE COUNTY CALIFORNIA Accounts Payable Outstanding AP Automation -17,992.89 12/13/2024 APA006921 WILDA SHOCK Accounts Payable Outstanding AP Automation -1,500.00 12/13/2024 DFT0003703 CALPERS Accounts Payable Outstanding Bank Draft -4,467.98 12/13/2024 DFT0003704 CALPERS Accounts Payable Outstanding Bank Draft -4,471.26 12/13/2024 DFT0003705 CALPERS Accounts Payable Outstanding Bank Draft -6,606.22 12/13/2024 DFT0003706 CALPERS Accounts Payable Outstanding Bank Draft -6,708.52 12/13/2024 DFT0003707 CALPERS Accounts Payable Outstanding Bank Draft -4,202.30 12/13/2024 DFT0003708 CALPERS Accounts Payable Outstanding Bank Draft -7,422.30 12/13/2024 DFT0003709 CALPERS Accounts Payable Outstanding Bank Draft -706.70 12/13/2024 DFT0003710 CALPERS Accounts Payable Outstanding Bank Draft -1,910.45 12/13/2024 DFT0003711 CALPERS Accounts Payable Outstanding Bank Draft -48.36 12/13/2024 DFT0003712 CALPERS Accounts Payable Outstanding Bank Draft -6.91 12/13/2024 DFT0003713 IRS Accounts Payable Outstanding Bank Draft -6,625.46 12/13/2024 DFT0003714 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -11,383.87 12/13/2024 DFT0003715 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -2,501.04 12/13/2024 DFT0003716 IRS Accounts Payable Outstanding Bank Draft -27,352.67 12/13/2024 DFT0003717 IRS Accounts Payable Outstanding Bank Draft -62.00 12/16/2024 60581 JIMMY'S DELI Accounts Payable Outstanding Check -550.00 12/16/2024 60582 LAKEPORT DISPOSAL, INC. Accounts Payable Outstanding Check -105,214.99 12/18/2024 60583 MC ENGINEERING, INC Accounts Payable Outstanding Check -45,922.96 12/23/2024 APA006922 ALPHA ANALYTICAL LABORATORIES Accounts Payable Outstanding AP Automation -1,255.00 12/23/2024 APA006923 AMAZON CAPITAL SERVICES, INC. Accounts Payable Outstanding AP Automation -408.19 12/23/2024 APA006924 APEX TECHNOLOGY MGMT, INC. Accounts Payable Outstanding AP Automation -1,804.24 12/23/2024 APA006925 COUNTY OF LAKE SOLID WASTE Accounts Payable Outstanding AP Automation -20.48 12/23/2024 APA006926 DEPT OF JUSTICE Accounts Payable Outstanding AP Automation -198.00 12/23/2024 APA006927 DUDEK Accounts Payable Outstanding AP Automation -29,980.62 12/23/2024 APA006928 EUREKA OXYGEN COMPANY Accounts Payable Outstanding AP Automation -219.27 12/23/2024 APA006929 FERRELLGAS Accounts Payable Outstanding AP Automation -518.74 12/23/2024 APA006930 GHILOTTI CONSTRUCTION COMPANY Accounts Payable Outstanding AP Automation -452,475.16 12/23/2024 APA006931 GLADWELL GOVERNMENTAL SERVICES Accounts Payable Outstanding AP Automation -600.00 12/23/2024 APA006932 GRANITE CONSTRUCTION COMPANY Accounts Payable Outstanding AP Automation -4,820.98 12/23/2024 APA006933 HIGH COUNTRY SECURITY Accounts Payable Outstanding AP Automation -90.00 Bank Transaction Report Issued Date Range: -
1/7/2025 4:21:25 PM Page 17 of 19
Cleared
Date Number Description Module Status Type Amount
Issued
Date
12/23/2024 APA006934 IT'S ABOUT TIME, INC Accounts Payable Outstanding AP Automation -975.32 12/23/2024 APA006935 LAKE COUNTY ELECTRIC SUPPLY Accounts Payable Outstanding AP Automation -511.98 12/23/2024 APA006936 LAKE COUNTY RECORD BEE Accounts Payable Outstanding AP Automation -815.77 12/23/2024 APA006937 LEE'S SPORTING GOODS Accounts Payable Outstanding AP Automation -19.58 12/23/2024 APA006938 MANAGEMENT CONNECTIONS Accounts Payable Outstanding AP Automation -2,266.29 12/23/2024 APA006939 MENDO MILL & LUMBER CO. Accounts Payable Outstanding AP Automation -2,059.20 12/23/2024 APA006940 NAPA AUTO - LAKE PARTS Accounts Payable Outstanding AP Automation -1,105.70 12/23/2024 APA006941 NICK BARBIERI TRUCKING, LLC Accounts Payable Outstanding AP Automation -2,467.33 12/23/2024 APA006942 OFFICE DEPOT Accounts Payable Outstanding AP Automation -17.31 12/23/2024 APA006943 PACE ENGINEERING, INC. Accounts Payable Outstanding AP Automation -3,028.76 12/23/2024 APA006944 PACE SUPPLY #03391-00 Accounts Payable Outstanding AP Automation -621.77 12/23/2024 APA006945 PAUL R. CURREN Accounts Payable Outstanding AP Automation -2,915.00 12/23/2024 APA006946 PETERSON Accounts Payable Outstanding AP Automation -4,910.42 12/23/2024 APA006947 PG&E Accounts Payable Outstanding AP Automation -31,270.46 12/23/2024 APA006948 POLESTAR COMPUTERS Accounts Payable Outstanding AP Automation -38,451.43 12/23/2024 APA006949 RAINBOW AGRICULTURAL SERVICES Accounts Payable Outstanding AP Automation -164.82 12/23/2024 APA006950 RICH-TED TRUCKING, INC. Accounts Payable Outstanding AP Automation -680.00 12/23/2024 APA006951 RICOH USA, INC. Accounts Payable Outstanding AP Automation -122.88 12/23/2024 APA006952 SONOMA RSA, INC Accounts Payable Outstanding AP Automation -1,052.50 12/23/2024 APA006953 SUMMIT SIGNAL, INC Accounts Payable Outstanding AP Automation -11,848.60 12/23/2024 APA006954 SUTTER LAKESIDE HOSPITAL Accounts Payable Outstanding AP Automation -25.00 12/23/2024 APA006955 SWRCB ACCOUNTING OFFICE Accounts Payable Outstanding AP Automation -36,450.00 12/23/2024 APA006956 THE UPS STORE #5161 Accounts Payable Outstanding AP Automation -302.26 12/23/2024 APA006957 TRI-CITIES ANSWERING SERVICE Accounts Payable Outstanding AP Automation -167.65 12/23/2024 APA006958 UKIAH PAPER SUPPLY, INC. Accounts Payable Outstanding AP Automation -622.60 12/23/2024 APA006959 VALLEY TOXICOLOGY SERVICES INC Accounts Payable Outstanding AP Automation -100.00 12/23/2024 APA006960 VANIR CONSTRUCTION MGMT, INC. Accounts Payable Outstanding AP Automation -5,019.45 12/23/2024 APA006961 VESTIS Accounts Payable Outstanding AP Automation -36.69 12/27/2024 60584 AFLAC Accounts Payable Outstanding Check -639.47 12/27/2024 60585 CA STATE DISBURSEMENT UNIT Accounts Payable Outstanding Check -398.07 12/27/2024 60586 LAKEPORT EMPLOYEE'S ASSOC Accounts Payable Outstanding Check -360.00 12/27/2024 60587 LEGALSHIELD Accounts Payable Outstanding Check -353.25 12/27/2024 60588 LPOA Accounts Payable Outstanding Check -605.00 12/27/2024 60589 NATIONWIDE RETIREMENT SOLUTION Accounts Payable Outstanding Check -1,075.00 12/27/2024 60590 VALIC - C/O JP MORGAN CHASE Accounts Payable Outstanding Check -2,060.96 12/27/2024 DFT0003718 CALPERS Accounts Payable Outstanding Bank Draft -3,853.16 12/27/2024 DFT0003719 CALPERS Accounts Payable Outstanding Bank Draft -3,855.95 12/27/2024 DFT0003720 CALPERS Accounts Payable Outstanding Bank Draft -5,870.90 12/27/2024 DFT0003721 CALPERS Accounts Payable Outstanding Bank Draft -5,961.81 12/27/2024 DFT0003722 CALPERS Accounts Payable Outstanding Bank Draft -3,586.49 12/27/2024 DFT0003723 CALPERS Accounts Payable Outstanding Bank Draft -6,334.63 12/27/2024 DFT0003724 CALPERS Accounts Payable Outstanding Bank Draft -497.18 12/27/2024 DFT0003725 CALPERS Accounts Payable Outstanding Bank Draft -1,344.04 Bank Transaction Report Issued Date Range: -
1/7/2025 4:21:25 PM Page 18 of 19
Cleared
Date Number Description Module Status Type Amount
Issued
Date
12/27/2024 DFT0003726 CALPERS Accounts Payable Outstanding Bank Draft -48.36 12/27/2024 DFT0003727 CALPERS Accounts Payable Outstanding Bank Draft -6.91 12/27/2024 DFT0003728 IRS Accounts Payable Outstanding Bank Draft -4,533.10 12/27/2024 DFT0003729 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -5,363.43 12/27/2024 DFT0003730 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -1,641.25 12/27/2024 DFT0003731 IRS Accounts Payable Outstanding Bank Draft -13,772.21 12/27/2024 DFT0003732 IRS Accounts Payable Outstanding Bank Draft -234.60 Bank Account 15-0352000798 Total: (731) -6,595,030.71
Report Total: (731) -6,595,030.71
Bank Transaction Report Issued Date Range: -
1/7/2025 4:21:25 PM Page 19 of 19
Summary
Bank Account Count Amount
15-0352000798 POOLED CASH BANK 731 -6,595,030.71
Report Total: 731 -6,595,030.71
Cash Account Count Amount
998 998-0000-101000 POOLED CASH - WEST AMERICA 731 -6,595,030.71 Report Total: 731 -6,595,030.71
Transaction Type Count Amount
AP Automation 504 -5,324,534.82
Bank Draft 113 -438,490.48
Bank Draft Reversal 3 489.46
Check 105 -1,044,207.17
Check Reversal 6 211,712.30
Report Total: 731 -6,595,030.71
Meeting Date: 01/21/2025 Page 1 Agenda Item #IV.D.

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: Local Emergency Proclamation MEETING DATE: 01/21/2025 SUBMITTED BY: Kevin Ingram, City Manager
PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to review the need to continue the proclamation declaring a Local State of Emergency due to flooding and extreme weather and provide direction.

BACKGROUND/DISCUSSION:

On February 7, 2024, the Director of Emergency Services for the City of Lakeport declared a local State of Emergency because of severe weather conditions including heavy rain, and extreme wind. In accordance with the Emergency Services Act Section 8630(b), the City Council ratified the declared emergency on February 13, 2024, under Resolution 2940 (2024). Under Lakeport Municipal Code section

2.28.150, the City Council shall review the declaration at least every sixty days or as prescribed by law until the need for continuing the local emergency has ended and shall proclaim the termination of such local emergency at the earliest practicable date that conditions warrant. The City Council subsequently continued the emergency declaration on April 2, 2024, May 21, 2024, July 2, 2024, September 3, 2024, October 15, 2024, and December 3, 2024.

Since a need still exists for the declaration, Council is asked to review and continue the declaration.

Should the need continue, staff will return this item within the next 60 days for City Council review.

OPTIONS:

Approve the need for the continuation of the proclamation declaring a Local State of Emergency due to severe weather conditions including heavy rain, and extreme wind; or proclaim the termination of the Local State of Emergency
FISCAL IMPACT:

None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $ Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Comments:

Meeting Date: 01/21/2025 Page 2 Agenda Item #IV.D.

COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☒ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS: Move to approve the continuation of the proclamation declaring a Local State of Emergency due to severe weather conditions including heavy rain, and extreme wind.

Attachments: 1. Resolution No. 2940 (2024)

2025-003

Outlook
RE: For Review - Application 2025-003 - Clear Lake Bass Tournament From Lori Price <[email protected]>
Date Tue 1/7/2025 2:07 PM
To Hilary Britton <[email protected]>
Hi Hilary,
Lake County Public Works has no comments or conditions to add to this permit.

Thank you,
Lori Price
Staff Services Analyst
Lake County Department of Public Works
255 N. Forbes Street, Rm 309
Lakeport, CA 95453
(707) 263-2341
[email protected]
From: Hilary Britton <[email protected]>
Sent: Tuesday, January 7, 2025 1:58 PM
To: Dean Eichelmann <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Lake County Sheriff - Records <[email protected]>; Bethany Moss <[email protected]>; Dale Stoebe <[email protected]>; Jim Kennedy <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; Ky Ramsey <[email protected]>; [email protected]; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Patrick Reitz <[email protected]>; Ryan Cooley <[email protected]>; Victor Fernandez <[email protected]>
Subject: [EXTERNAL] For Review - Application 2025-003 - Clear Lake Bass Tournament Hi all,
Please find attached application 2025-003 for the Chamber of Commerce Bass Tournament for you review and comments.

We would like to submit this for City Council approval at the 01/21/2024 Council meeting, so please have your comments back to me by 01/18/2025.

Thank you, Hilary!
Bethany Moss Childers, CBO
Chief Building Official, City of Lakeport
225 Park Street Lakeport, Ca 95453
P: 707-263-5615 x202 F: 707-263-8584
Online: Building / Land Use / Encroachment Permits, Business Licensing and Code Enforcement Complaint Portal: lakeportca.portal.opengov.com From: Hilary Britton <[email protected]>
Sent: Tuesday, January 7, 2025 1:58 PM
To: Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Bethany Moss <[email protected]>; Dale Stoebe <[email protected]>; Jim Kennedy <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; Ky Ramsey <[email protected]>; [email protected]; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Patrick Reitz <[email protected]>; Ryan Cooley <[email protected]>; Victor Fernandez <[email protected]>
Subject: For Review - Application 2025-003 - Clear Lake Bass Tournament Hi all,
Please find attached application 2025-003 for the Chamber of Commerce Bass Tournament for you review and comments.

We would like to submit this for City Council approval at the 01/21/2024 Council meeting, so please have your comments back to me by 01/18/2025.

Ron
From: Hilary Britton <[email protected]>
Sent: Tuesday, January 7, 2025 1:58 PM
To: Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Bethany Moss <[email protected]>; Dale Stoebe <[email protected]>; Jim Kennedy <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; Ky Ramsey <[email protected]>; [email protected]; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Patrick Reitz <[email protected]>; Ryan Cooley <[email protected]>; Victor Fernandez <[email protected]>
Subject: For Review - Application 2025-003 - Clear Lake Bass Tournament Hi all,
Please find attached application 2025-003 for the Chamber of Commerce Bass Tournament for you review and comments.

We would like to submit this for City Council approval at the 01/21/2024 Council meeting, so please have your comments back to me by 01/18/2025.

Thank you for your input!
Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x102
[email protected]
E-mail correspondence and attachments with the City of Lakeport may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act. *For Public Records Act requests, please visit our online public records request system Book time to meet with me
Outlook
RE: For Review - Application 2025-003 - Clear Lake Bass Tournament From Dale Stoebe <[email protected]>
Date Wed 1/8/2025 8:30 AM
To Hilary Britton <[email protected]>; Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa Davey-Bates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Bethany Moss <[email protected]>; Jim Kennedy <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; Ky Ramsey <[email protected]>; [email protected] <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Patrick Reitz <[email protected]>; Ryan Cooley <[email protected]>; Victor Fernandez <[email protected]>
Police have no issues with this event.

Thank you,
Dale D Stoebe
Chief of Police
Lakeport Police Department
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).

Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Hilary Britton <[email protected]>
Sent: Tuesday, January 7, 2025 1:58 PM
To: Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Bethany Moss <[email protected]>; Dale Stoebe <[email protected]>; Jim Kennedy <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; Ky Ramsey <[email protected]>; [email protected]; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Patrick Reitz <[email protected]>; Ryan Cooley <[email protected]>; Victor Fernandez <[email protected]>
Subject: For Review - Application 2025-003 - Clear Lake Bass Tournament Hi all,
Please find attached application 2025-003 for the Chamber of Commerce Bass Tournament for you review and comments.

We would like to submit this for City Council approval at the 01/21/2024 Council meeting, so please have your comments back to me by 01/18/2025.

Lieutenant Rich Ward
Lake County Sheriff’s Office
1220 Martin St.

P.O. Box 489
Lakeport, Ca. 95453
(707) 262-4081 Desk
(707) 262-4220 Fax
(707) 262-4200 Administration
[email protected]
www.lakesheriff.com
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Lake County Sheriff - Records <[email protected]> Sent: Tuesday, January 7, 2025 2:10 PM
To: Richard Ward <[email protected]>
Subject: FW: For Review - Application 2025-003 - Clear Lake Bass Tournament Sierra Baker
Records Technician
www.lakesheriff.com P: 707-262-4200
1220 Martin St F:707-262-4204
Lakeport, CA 95453 Dispatch: 707-263-2690
From: Hilary Britton <[email protected]>
Sent: Tuesday, January 7, 2025 1:58 PM
To: Dean Eichelmann <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Lake County Sheriff - Records <[email protected]>; Bethany Moss <[email protected]>; Dale Stoebe <[email protected]>; Jim Kennedy <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; Ky Ramsey <[email protected]>; [email protected]; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Patrick Reitz <[email protected]>; Ryan Cooley <[email protected]>; Victor Fernandez <[email protected]>
Subject: [EXTERNAL] For Review - Application 2025-003 - Clear Lake Bass Tournament Hi all,
Please find attached application 2025-003 for the Chamber of Commerce Bass Tournament for you review and comments.

We would like to submit this for City Council approval at the 01/21/2024 Council meeting, so please have your comments back to me by 01/18/2025.

Outlook
RE: For Review - Application 2025-004 - Splash-In
From Lori Price <[email protected]>
Date Tue 1/7/2025 2:08 PM
To Hilary Britton <[email protected]>
Hi Hilary,
Lake County Public Works has no comments or conditions to add to this permit. I have forwarded your email on to Water Resources. They may require a lakebed usage permit for this event.

Sincerely,
Lori Price
Staff Services Analyst
Lake County Department of Public Works
255 N. Forbes Street, Rm 309
Lakeport, CA 95453
(707) 263-2341
[email protected]
From: Hilary Britton <[email protected]>
Sent: Tuesday, January 7, 2025 1:48 PM
To: Dean Eichelmann <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Lake County Sheriff - Records <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: [EXTERNAL] For Review - Application 2025-004 - Splash-In Hi all,
Please find attached application 2025-004 for the 2025 Splash-In event for your review and comments.

We would like to submit this for City Council approval at the 01/21/2025 Council meeting, so please have your comments back to me by 01/18/2025.

Thank you for you input!
Hilary Britton
Outlook
RE: For Review - Application 2025-004 - Splash-In
From Scott Webb <[email protected]>
Date Wed 1/8/2025 7:58 AM
To '[email protected]' <[email protected]> Cc Lori Price <[email protected]>; Linda Rosas-Bill <[email protected]>; Pawan Upadhyay <[email protected]>; Hilary Britton <[email protected]>; Angela DePalma-Dow <[email protected]>
2 attachments (1 MB)
2025 Splash-In Spec. Conditions & Instructions.doc; Seaplane Map.jpg; A special event lakebed encroachment permit will be required for this event. Lake County Code of Ordinances Section 23-11.3 allows for closure of a portion of Clear Lake with BOS approval.

The application for the splash-in indicates a seaplane skill competition. Please provide a map showing the proposed area for that competition. As an example, the map from the 2018 Splash-In event is attached.

Special Conditions and Instructions (SCI) will be required for this event. Attached is a SCI from the 2018 Splash-In, with some modification. Please review and edit the document as necessary. County Risk Management will need to review the document. Please make the appropriate edits as soon as possible so this can be forwarded to Risk Management.

Item #5 regarding mussel inspection and/or decontamination will likely be modified to updated.

Hillary, please forward this e-mail to other parties of interest.

Thanks,
Scott Webb
From: Lori Price <[email protected]>
Sent: Tuesday, January 7, 2025 1:57 PM
To: Linda Rosas-Bill <[email protected]>; Scott Webb <[email protected]> Subject: FW: For Review - Application 2025-004 - Splash-In I believe you may need a permit on this one.

Lori Price
Staff Services Analyst
Lake County Department of Public Works
255 N. Forbes Street, Rm 309
Lakeport, CA 95453
(707) 263-2341
[email protected]
From: Hilary Britton <[email protected]>
Sent: Tuesday, January 7, 2025 1:48 PM
To: Dean Eichelmann <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Lake County Sheriff - Records <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: [EXTERNAL] For Review - Application 2025-004 - Splash-In Hi all,
Please find attached application 2025-004 for the 2025 Splash-In event for your review and comments.

We would like to submit this for City Council approval at the 01/21/2025 Council meeting, so please have your comments back to me by 01/18/2025.

Thank you for you input!
Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x102
[email protected]
E-mail correspondence and attachments with the City of Lakeport may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act. *For Public Records Act requests, please visit our online public records request system Book time to meet with me
Outlook
RE: For Review - Application 2025-004 - Splash-In
From Dale Stoebe <[email protected]>
Date Wed 1/8/2025 9:37 AM
To Hilary Britton <[email protected]>; Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa Davey-Bates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected] <[email protected]>; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]>
Police will provide written authorization to operate planes on the roadway as the event draws closer.

Police have no other issues with this event.

Dale D Stoebe
Chief of Police
Lakeport Police Department
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).

From: Hilary Britton <[email protected]>
Sent: Tuesday, January 7, 2025 1:48 PM
To: Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: For Review - Application 2025-004 - Splash-In
Hi all,
Please find attached application 2025-004 for the 2025 Splash-In event for your review and comments.

We would like to submit this for City Council approval at the 01/21/2025 Council meeting, so please have your comments back to me by 01/18/2025.

Thank you for you input!
Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x102
[email protected]
E-mail correspondence and attachments with the City of Lakeport may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act. *For Public Records Act requests, please visit our online public records request system Book time to meet with me
Outlook
RE: For Review - Application 2025-004 - Splash-In
From Jim Kennedy <[email protected]>
Date Wed 1/8/2025 11:16 AM
To Dale Stoebe <[email protected]>; Hilary Britton <[email protected]>; Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa Davey-Bates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected] <[email protected]>; Patrick Reitz <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> PW has no problem closing Clearlake Ave. @ N. Main we will have to leave access for local residents.

Jim Kennedy
City of Lakeport
Public Works Superintendent
(707) 263-3578 Ext. 601
[email protected]
From: Dale Stoebe <[email protected]>
Sent: Wednesday, January 8, 2025 9:38 AM
To: Hilary Britton <[email protected]>; Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa Davey-Bates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: RE: For Review - Application 2025-004 - Splash-In Police will provide written authorization to operate planes on the roadway as the event draws closer.

Police have no other issues with this event.

We would like to submit this for City Council approval at the 01/21/2025 Council meeting, so please have your comments back to me by 01/18/2025.

Outlook
RE: For Review - Application 2025-004 - Splash-In
From Jim Kennedy <[email protected]>
Date Wed 1/8/2025 1:14 PM
To Kelly Buendia <[email protected]>; Hilary Britton <[email protected]>; Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa Davey-Bates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; [email protected] <[email protected]>; Patrick Reitz <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> From: Kelly Buendia <[email protected]>
Sent: Wednesday, January 8, 2025 11:44 AM
To: Hilary Britton <[email protected]>; Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa Davey-Bates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: RE: For Review - Application 2025-004 - Splash-In Below is a recap of the staff recommendations originally communicated at a meeting with applicant on 10/15/24. Staff makes the following recommendations:

The event will primarily take place on private property at the Skylark with seaplanes entering from the Clearlake Ave boat ramp.

Seaplanes are allowed to enter from the boat ramp, travel about 125 ft before entering the parking lot of the Skylark Motel.

The street will be barricaded at Main Street and monitored with traffic control, Closed by City staff monitored by event staff.

Local resident traffic will be allowed only when there are not planes on the street..

Plane arrival times: Evening of 4/24/25, all day 4/25/25, early morning 4/26/25.

Plane departure times: All day 4/27/25
Insurance is required as follows: The certificate should include all endorsements and name the City of Lakeport: Comprehensive General Liability Insurance. Comprehensive General Liability Insurance no less broad than ISO form CG 00 01 with coverage limits of not less than Three Million Dollars ($3,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate, including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.

Thank you,
Kelly Buendia
Administrative Services Director/City Clerk
City of Lakeport
Phone: (707) 263-5615 x101
Mobile: (707) 264-9739
Email: [email protected]
225 Park Street
Lakeport, CA 95453
From: Hilary Britton <[email protected]>
Sent: Tuesday, January 7, 2025 1:48 PM
To: Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: For Review - Application 2025-004 - Splash-In
Hi all,
Please find attached application 2025-004 for the 2025 Splash-In event for your review and comments.

We would like to submit this for City Council approval at the 01/21/2025 Council meeting, so please have your comments back to me by 01/18/2025.

Thank you for you input!
Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Lakeport, CA 95453
Outlook
FW: For Review - Application 2025-004 - Splash-In
From Lake County Sheriff - Records <[email protected]> Date Wed 1/8/2025 1:51 PM
To Hilary Britton <[email protected]>
From: Richard Ward <[email protected]>
Sent: Wednesday, January 8, 2025 1:37 PM
To: Lake County Sheriff - Records <[email protected]> Subject: RE: For Review - Application 2025-004 - Splash-In No concerns from the Sheriff’s Office.

Lieutenant Rich Ward
Lake County Sheriff’s Office
1220 Martin St.

From: Lake County Sheriff - Records <[email protected]> Sent: Tuesday, January 7, 2025 2:10 PM
To: Richard Ward <[email protected]>
Subject: FW: For Review - Application 2025-004 - Splash-In Sierra Baker
Records Technician
www.lakesheriff.com P: 707-262-4200
1220 Martin St F:707-262-4204
Lakeport, CA 95453 Dispatch: 707-263-2690
From: Hilary Britton <[email protected]>
Sent: Tuesday, January 7, 2025 1:48 PM
To: Dean Eichelmann <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Lake County Sheriff - Records <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: [EXTERNAL] For Review - Application 2025-004 - Splash-In Hi all,
Please find attached application 2025-004 for the 2025 Splash-In event for your review and comments.

We would like to submit this for City Council approval at the 01/21/2025 Council meeting, so please have your comments back to me by 01/18/2025.

Thank you for you input!
Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x102
Proclamation DESIGNATING THE MONTH OF JANUARY 2025 AS

HUMAN TRAFFICKING AWARENESS MONTH IN THE CITY OF LAKEPORT WHEREAS, human trafficking is a serious crime that affects people of all races, age, and gender; and WHEREAS, human trafficking is a borderless crime against individuals that violates the most basic human rights and deprives victims of human dignity and denies freedom to 32 million people around the world; and WHEREAS, human trafficking is the fastest growing criminal industry globally; and WHEREAS, California ranks first among the states in the number of potential reports of human trafficking; and WHEREAS, a serious form of human trafficking involves the exploitation of children and youth for commercial sex acts. It is imperative that our young people and their families learn how to recognize risks and resist predators who use coercion and threats to manipulate children and young adults into sex and labor trafficking; and WHEREAS, Lake Family Resource Center is instrumental in leading the way in the County of Lake in addressing human trafficking by providing 24-hour hotline services, and continuing support, advocacy and accompaniment to survivors; and
WHEREAS, preventing human trafficking in Lake County includes active public and private efforts to help recognize and acknowledge its existence; it is time for all of us to start conversations, take appropriate action and support one another to create a safer environment for all residents; and WHEREAS, many organizations such as the District Attorney’s Office, Sheriff’s Office, Lakeport Police Department, Clearlake Police Department and Lake Family Resource Center are committed to ending Human Trafficking in Lake County and provide essential crisis intervention and prevention services to all members of our community.

NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Lakeport does hereby designate January 2025 as
Human Trafficking Awareness Month
in the City of Lakeport, and our community is urged to support the efforts of the agencies assisting victims of human trafficking and urges all local governments, schools, businesses, and community members to be aware and report any suspicious activity to local police departments and help shine the light on trafficking.

I have hereunto set my hand and caused the Seal of the City of Lakeport to be affixed this 21st day of January 2025.
_________________________________
KIM COSTA, Mayor
Meeting Date: 01/21/2025 Page 1 Agenda Item # VI.A.1.
386679.1

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: Police Statistics, Training Report, and Use of Force Analysis Report for Calendar Year 2024
MEETING DATE: January 21,
2025
SUBMITTED BY: Chief Dale Stoebe
PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to receive and file reports on the Police Statistics, Training, and Use of Force Analysis for 2024.

BACKGROUND/DISCUSSION:

The Police Chief will present reports regarding police statistics and training for 2024 to include response times, number of incidents, types of crimes, number of arrests, use of force analysis report, and hours and staff training information for 2024.

OPTIONS:

1. Receive and file the report.

2. Do not receive and file the report and provide direction to staff.

FISCAL IMPACT:

None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $ Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Comments:

COUNCIL PRIORITIES:
☒ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☐ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☒ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
Meeting Date: 01/21/2025 Page 2 Agenda Item # VI.A.1.
386679.1
SUGGESTED MOTIONS:

Move to receive and file the Police Statistics, Police Training Report, and Use of Force Reports for year 2024.

Attachments: 1. Crime Stats and Graphs – 2024

2. Training Report – 2024

3. Use of Force Analysis Report - 2024
Stat Type 2021 2022 2023 2024
Priority 1 (Emergency) Response Times 3min 21 sec 3min 09sec 2min 53sec 3min14sec Priority 2 ( Non- Emergency) Response Times 4min 57 sec 5min 46sec 5min 48sec 5min3sec Priority 3 (Cold Calls) Response Times 6min 22 sec 8min 18sec 5min 06sec 4miin33sec # of Calls for Service 6369 6452 5963 6100
# of Traffic Stops 552 514 916 1027
# of Officer Initiated Incidents 1864 1556 2051 2129
Total # of incidents 8785 8522 8930 9256
Concentrated Extra Patrol 198
Foot Patrol Events 230
Crimes:

Homicide 1 0 0 0
Rape 4 3 3 4
Robbery 0 5 2 4
Assault 90 10 10 39
Burglary 22 27 38 20
Larceny 74 96 82 40
Stolen Vehicles 37 22 35 17
Arson 2 2 2 2
Domestic Violence 27 29 51 33
Arrests:

Misdemeanor 230 308 393 176
Felony 68 74 116 92
Traffic Related:

DUI Arrests 34 55 76 25
DUI Offenses 68 56 81 48
Traffic Collisions 31 35 66 28
Property Damage Only 14 24 38 0
Parking Citations 26 29 86 21
Moving Citations 31 18 16 10
Infraction Citations 13 20 82 42
Cases Taken:
# of Cases 866 994 1156 945
# of Suspended Cases 158 189 168 88
Invesitgations:

Cases Worked 185
Search Warrant Affidavits 73.00
Canine Activities: 0
LPD Deployments: 5
Apprehensions: 0
Canine Use of Force: 0
LPD Narcotics Searches: 17
Alerts: 2
No Alerts: 16
Mutual Aid Deployments: 3
Apprehensions: 0
Canine Use of Force: 0
Mutual Aid Narcotics Searches: 21
Alerts: 6
No Alterts: 15
Training Hours: 202.125
Seizures/Notations: $4k Asset Forfeiture/11.49oz Fentanyl Seizure/Notation: Continued Sales Evidence
| 1| 6100
| 2| 1027
| 3| 2129
Enforcement Activity
1 2
3 0
20 40
60 80
100
120
1 2 3 4 5 6 7 8 9
Hom Rape Rob Aslt Burg Lar 10851 Arson DV
2021 2022 2023 2024
0 50
100
150
200
250
300
350
400
450
1 2
Misd ARRESTS Felony
2021 2022 2023 2024
0 10
20 30
40 50
60 70
80 90
100
1 2 3 4 5 6 7
DUI Arrst DUI Off Collision PDO Prkng Mover Inf
2021 2022 2023 2024
0 200
400
600
800
1000
1200
1400
1 2
# of REPORTS vs SUSPENDED CRIME REPORTS
2021 2022 2023 2024
Calls For Service
Traffic Stops
Officer Initiated

Dale D Stoebe
Chief of Police

MEMORANDUM
Lakeport Police Department
2025 South Main Street
Lakeport, CA 95453
(707) 263-5491
To:

From: Police Chief Dale Stoebe
Date: January 8, 2025
Subject: Use of Force Analysis Report - 2024
Pursuant to Lakeport Police Department Policy 300.9, this memo shall serve as the official Annual Use of Force Analysis Report for the calendar year 2024. The 2024 year showed 0 Uses of Force reportable to the California Department of Justice required by California Government Code 12525.2, which is consistent with 2023.

Pursuant to Lakeport Police Department Policy 300.7.1, Shift Supervisors conducted 26 separate Use of Force reviews (not reportable to DOJ) as required by California Penal Code Section 7286 (b)(14), resulting from 26 separate calls for service. These thorough reviews found that all Uses of Force were reasonable, justified and fully compliant with Policy, State and Federal law. As a result of these reviews, the need for additional training to augment and enhance service performance was identified in 3 incidents.

Pursuant to the recommendations made in previous Use of Force Analysis Report, the following implementations continued during this reporting period:
a). In-house Firearms Training, at least once annually, included force transition training and simulation between firearms and other available force options, consistent with the employees’ duty assignments. Additional training contained elements of multiple Dale D Stoebe
Chief of Police
officers with force transitions, including both use of force and noforce options based on successful de-escalation tactics. b.) In-house Less Lethal Force training, at least once annually, contained similar elements as described above.
c.) The Department attempted to provide In-House Defensive Tactics training that contained similar elements. However, unforeseen illness prevented and postponed such training.

I do not believe that the department has any equipment needs as the Lakeport Police department has available, issues, and maintains several force options, spanning a broad array of force levels, for use by police staff including chemical spray, chemical deployables, batons, new-technology electronic less-lethal devices, less-lethal deployables, handguns, shotguns, and patrol rifles. Although there is other equipment on the market, our array is more than appropriate relative to the instances and levels of force historically required. The Department maintains a Sworn Officer assigned to a Multi-County, Multi-Jurisdictional Special Weapons and Tactics Team, leveraging our participation and support to better prepare a needed response to matters demanding a more robust and emergent tactical need.

Additionally, the Department continues to use a suite of information gathering applications designed to increase efficiency of in-house Supervisory reviews of force, vehicle pursuits, employee conduct and police vehicle damage, with the goal of incorporating that and other information in a Performance History Audit and Early Intervention Program, still in development.

Lastly, I conducted quarterly reviews of department policy, including any suggested policy changes, deletions and/or additions received from our third-party policy consultant, Lexipol, that have been provided during the previous year, giving primary attention to critical policy updates, and then any use of force policy suggestions. Relative to policy training, policy Daily Training Bulletins (DTBs), which regularly include Use of Force specific topics, are pushed out to all department employees, monthly. Supervisory oversight of policy review and training is conducted on an on-going basis to ensure that policy changes are reviewed and acknowledged, and DTBs are completed in a timely manner.

Meeting Date: 01/21/2025 Page 1 Agenda Item # VI.A.2.
384603.1

CITY OF LAKEPORT
City Council ☒
City of Lakeport Municipal Sewer District ☐
Lakeport Industrial Development Authority ☐
Municipal Financing Agency of Lakeport ☐

STAFF REPORT
RE: Introduction of an Ordinance amending Section 9.04.030 of the Lakeport Municipal Code – Restrictions on Use of Public Restrooms
MEETING DATE: 01/21/2025
SUBMITTED BY: Police Chief Dale Stoebe
PURPOSE OF REPORT: ☐Information only ☐ Discussion ☒Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to introduce and waive the first reading of an Ordinance amending a certain section of City of Lakeport Municipal Code Chapter 9.04 and adding certain subsection text to the same to address loitering, lingering, being idle at, in or within a prescribed distance of any public restroom within the incorporated city limits of Lakeport without a lawful purpose, or blocking ingress or egress to any public restroom within the incorporated city limits of Lakeport.

BACKGROUND/DISCUSSION: Within the past eighteen months, the City of Lakeport (the City) has experienced an increase in subjects loitering, lingering, and being idle at, in, or close to public restrooms. Additionally, during that time, the City has also experienced an increase in the number of people encountered while sitting or lying on the floors inside public restrooms. Not only has this resulted in calls for service to the Lakeport Police Department for public safety concerns for self and others, Lakeport Police Department Officers, in their regular patrol activities, have also observed and encountered people being idle near and within public restrooms, and blocking entrances and exits to the same. At times, the police department has been summoned to contact those individuals due to aggressive behavior or loitering behaviors at entrances and exits of public restrooms, including individuals that are perceived to be of opposite gender to the restroom that they are blocking.

The current City of Lakeport Municipal Code lacks an enforceable section to regulate this described conduct, which significantly limits the police department’s ability to properly provide for public safety. Additionally, current state laws related to similar conduct are only enforceable when a sexual gratification component can be established, which further prevents the provision of effective public safety services. This ordinance will provide officers with the ability to request loitering individuals to leave the area, while making it unlawful to return in less than 72-hours, and exempts this conduct when it is the result of a bona fide medical emergency. This Meeting Date: 01/21/2025 Page 2 Agenda Item # VI.A.2.
384603.1
ordinance will allow sworn police staff to return public restroom space to its intended and safe use by the community.

Changes to the specific code section would be as follows:

9.04.030 Restrictions on use of public restrooms.

A. It is unlawful for any person to fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition.

B. Male persons shall not resort to any restroom or washroom facilities set apart for women, and female persons shall not resort to restrooms and washroom facilities set apart for men; provided, that this shall not apply to children accompanied by an adult person.; further, no person shall loiter in or about such facilities nor shall any person use such facilities for purposes other than those intended. (Ord. 456 §6, 1970)
Additions of subsections C and D would be as follows:

C. It shall be unlawful for any person to loiter at, in, or within fifteen (15) feet of any public restroom, or intentionally block, hinder, or otherwise interfere with the ingress or egress of anyone attempting to use any public restroom. It shall further be unlawful to return to a public restroom within seventy-two (72) hours after having been ordered to leave by a peace officer for loitering at, in, or within fifteen (15) feet of that restroom. As used in this subsection, “loiter” means to delay, to linger, to sit, to lay, or to idle about in any City park, on City property or property otherwise designated for public use, without a lawful purpose for being present. This subsection is not intended to prohibit any person from engaging in any lawful purpose that may be conducted within fifteen (15) feet of a public restroom, such as (1) using the public restroom; (2) waiting in line to use the public restroom; or (3) accompanying or assisting another person who is using a public restroom.

D. The prohibitions set forth in subsections (C) of this section shall not apply to any person whose conduct arises out of a medical emergency.

OPTIONS:

1. Introduce and waive first reading of the proposed Ordinance amending Lakeport Municipal Code Section 9.04.030 as presented;

2. Provide input and refer this Ordinance back to staff for modification;

3. Do not introduce and waive first reading of the proposed Ordinance.

FISCAL IMPACT:
☒ None ☐ $ Budgeted Item? ☐Yes ☐ No
Budget Adjustment Needed? ☐Yes ☐ No If yes, amount of appropriation increase: $ Affected fund(s): ☐ General Fund ☐ Water OM Fund ☐ Sewer OM Fund ☐ Other:

Comments:

COUNCIL PRIORITIES:
☒ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☐ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☒ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☒ Priority #6: Economic Development
Meeting Date: 01/21/2025 Page 3 Agenda Item # VI.A.2.
384603.1
SUGGESTED MOTIONS:

Move to introduce and waive first reading of the proposed Ordinance amending Lakeport Municipal Code Section 9.04.030 regulating use of public restrooms.
☒ Attachments: 1. Draft Ordinance – Clean

2. Draft Ordinance – Redline
384638.1
ORDINANCE NO. XX (2025)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AMENDING SECTION

9.04.030 OF THE LAKEPORT MUNICIPAL CODE REGARDING RESTRICTIONS ON THE USE OF

PUBLIC RESTROOMS
WHEREAS, the City of Lakeport and City Council last revised this ordinance in 1970; WHEREAS, it is the City’s interest to protect health and safety; WHEREAS, it is the City’s interest to maintain a safe and easily accessible public restroom facility free from fear and intimidation;
WHEREAS, complaints have been received from residents and park visitors stating they are not free to enter the public restrooms due to the large volume of people gathering and/or loitering adjacent to or within the entrances/exits of the park restrooms;
WHEREAS, there have been reports of park restroom users being harassed or their passage blocked at the entrances/exits to the public restrooms; and
WHEREAS, there have been reports of individuals sitting or blocking the area inside the public restroom hampering their intended use.

NOW, THEREFORE, be it ordained by the City Council of the City of Lakeport:

SECTION 1. Recitals. The above set forth recitals and findings are true and correct and incorporated by this reference, as if set forth herein in full.

SECTION 2. Code Amendment. Section 9.04.030 (Restrictions on use of public restrooms) of Chapter

9.04 (Offenses Against Public Peace and Decency) s hereby amended to read as follows:

A. It is unlawful for any person to fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition.

B. Male persons shall not resort to any restroom or washroom facilities set apart for women, and female persons shall not resort to restrooms and washroom facilities set apart for men; provided, that this shall not apply to children accompanied by an adult person; further, no person shall loiter in or about such facilities nor shall any person use such facilities for purposes other than those intended.

C. It shall be unlawful for any person to loiter at, in, or within fifteen (15) feet of any public restroom, or intentionally block, hinder, or otherwise interfere with the ingress or egress of anyone attempting to use any public restroom. It shall further be unlawful to return to a public restroom within seventy-two (72) hours after having been ordered to leave by a peace officer for 384638.1
loitering at, in, or within fifteen (15) feet of that restroom. As used in this subsection, “loiter” means to delay, to linger, to sit, to lay, or to idle about in any City park, on City property or property otherwise designated for public use, without a lawful purpose for being present. This subsection is not intended to prohibit any person from engaging in any lawful purpose that may be conducted within fifteen (15) feet of a public restroom, such as (1) using the public restroom; (2) waiting in line to use the public restroom; or (3) accompanying or assisting another person who is using a public restroom.

D. The prohibitions set forth in subsection (C) of this section shall not apply to any person whose conduct arises out of a medical emergency.

SECTION 3. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

SECTION 4. Inconsistent Provisions. Any provision of the Lakeport Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Ordinance.

SECTION 5. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA). This Ordinance is not a "project", as defined in Section 15378 of the State CEQA Guidelines, as it will not cause a direct or reasonably foreseeable indirect effect or change to the physical environment. This Ordinance is therefore exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after adoption as provided by Government Code section 36937.

SECTION 7. Certification. The City Clerk shall certify the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting the entire text.

INTRODUCED and first read at a regular meeting of the City Council on the 21st day of January, 2025; and
PASSED AND ADOPTED at a regular meeting of the City Council held on the 4th day of February, 2025 by the following vote:

AYES:

NOES:
384638.1
ABSENT:

ABSTAIN:
____________________________
Kim Costa, Mayor
ATTEST:
_____________________________
Kelly Buendia, City Clerk
384608.1
ORDINANCE NO. XX (2025)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AMENDING SECTION

9.04.030 OF THE LAKEPORT MUNICIPAL CODE REGARDING RESTRICTIONS ON THE USE OF

NOW, THEREFORE, be it ordained by the City Council of the City of Lakeport:

SECTION 1. Recitals. The above set forth recitals and findings are true and correct and incorporated by this reference, as if set forth herein in full.

SECTION 2. Code Amendment. Section 9.04.030 (Restrictions on use of public restrooms) of Chapter

9.04 (Offenses Against Public Peace and Decency) s hereby amended to read as follows, with additions denoted by underlined text, and deletions denoted by struck through text:

A. It is unlawful for any person to fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition.

B. Male persons shall not resort to any restroom or washroom facilities set apart for women, and female persons shall not resort to restrooms and washroom facilities set apart for men; provided, that this shall not apply to children accompanied by an adult person; further, no person shall loiter in or about such facilities, nor shall any person use such facilities for purposes other than those intended.

C. It shall be unlawful for any person to loiter at, in, or within fifteen (15) feet of any public restroom, or intentionally block, hinder, or otherwise interfere with the ingress or egress of anyone attempting to use any public restroom. It shall further be unlawful to return to a public 384608.1
restroom within seventy-two (72) hours after having been ordered to leave by a peace officer for loitering at, in, or within fifteen (15) feet of that restroom. As used in this subsection, “loiter” means to delay, to linger, to sit, to lay, or to idle about in any City park, on City property or property otherwise designated for public use, without a lawful purpose for being present. This subsection is not intended to prohibit any person from engaging in any lawful purpose that may be conducted within fifteen (15) feet of a public restroom, such as (1) using the public restroom; (2) waiting in line to use the public restroom; or (3) accompanying or assisting another person who is using a public restroom.

D. The prohibitions set forth in subsection (C) of this section shall not apply to any person whose conduct arises out of a medical emergency.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after adoption as provided by Government Code section 36937.

AYES:

NOES:
384608.1
ABSENT:

ABSTAIN:
____________________________
Kim Costa, Mayor
ATTEST:
_____________________________
Kelly Buendia, City Clerk
Meeting Date: 01/21/2025 Page 1 Agenda Item # VI.B.1

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: Silveira Community Center Update and Interim Plan MEETING DATE: 01/21/2025 SUBMITTED BY: Kelly Buendia, Administrative Services Director PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to receive an update on the status of the Silveira Community Center, including an interim use plan, and adopt a fee waiver policy for City Council.

BACKGROUND:

In early 2019, the City Council formally accepted the generous donation of the Bank of America building, marking the beginning of its transformation into a vital community resource. Following a celebratory ribboncutting event later that summer, improvements were undertaken, including general maintenance, drywall repairs, painting, Wi-Fi installation, and new carpeting. A solar array was installed in the parking lot, further enhancing the facility’s sustainability. By early 2020, the Council adopted a comprehensive rental policy, setting usage and fee structures for the newly named Silveira Community Center, honoring the former City Manager’s contributions. However, early use of the center was limited by the COVID-19 pandemic, primarily supporting emergency services during that period.

As the center evolved, a Community Visioning Workshop was held to gather input on potential uses, and a commercial kitchen was completed to broaden functionality. Challenges arose when the HVAC system failed, prompting the city to secure grant funding for HVAC and electrical upgrades. With the work completed, the center is one step closer to serving as a hub for events and activities, aligning with the community’s vision.

The Silveira Community Center has served in a limited capacity as a valuable resource for local community activities, events, training, and meetings, as well as for emergency response purposes. However, the center's full potential has been hindered by infrastructure limitations, particularly with respect to plumbing and ADA compliance. In 2024, the City secured a Community Development Block Grant (CDBG) in the amount of $1,274,020 to address ADA compliance and plumbing upgrades, with a target completion date of January 2026.

DISCUSSION:

Despite increased interest from the public and progress to the facility, the Community Center faces significant hurdles in supporting full-scale operations. Current usage policies are shaped by these limitations and staff is requesting consideration of some procedural changes:

1. Staffing Constraints: The center lacks dedicated personnel for event facilitation. Tasks like booking, setup, on-call support, and cleanup detract from other essential city services. Events typically require 1- 2 full-time staff days and often involve premium pay for off-hours on-call services.

Meeting Date: 01/21/2025 Page 2 Agenda Item # VI.B.1
Recommendation: Interim use is recommended to be limited to business hours and events with fewer than 50 attendees. While this will not add to staffing, it will limit the strain and expense of future callouts in the evenings and on weekends. Staff would like to explore collaboration with external operators, through an RFP process which may result in sustainable management solutions.

2. Restroom Limitations: Existing restrooms are not ADA-compliant and experience operational failures during events with more than minimal attendance. Large events frequently necessitate emergency callouts, incurring additional costs and rental disruption.

Recommendation: A proposal to secure ADA-compliant portable restroom facilities (porta-potties) and a maintenance contract is being evaluated as a temporary measure until the completion of ADA and plumbing upgrades. This would be meant to supplement the existing facilities or substitute existing facilities should plumbing failures occur.

3. Use Fees: Current pricing is based on regional market comparisons with both private and public facilities. In the governmental market of rental and use of facilities, a profit is not generally expected.

However, both staff and council members have received numerous requests for free use. In practice, unrestricted free usage would not be sustainable. The current fees are designed to provide a large reduction in cost for non-profits.

Recommendation: Staff is recommending a discretionary fee waiver program for City Council members that will support eligible non-profits and community groups while maintaining financial oversight. A half-day rate for small, non-food meetings can also be applied.

Limiting operations to business hours, limiting the size of events, renting portable restrooms and providing some discretionary fee waiver opportunity ensures the Community Center remains accessible to the community while minimizing disruptions to city operations. Staff will continue to refine interim policies and provide updates as the center progresses toward full functionality.

OPTIONS:

1. Review and discuss interim use plans for the Silveira Community Center and adopt a fee waiver policy.

2. Do not approve the fee Waiver policy.

3. Provide other direction.

FISCAL IMPACT:

None Total Impact Unknown at the time Budgeted Item? Yes No Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $ Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Comments:

COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☐ Priority #3: Good Governance & Fiscal Stability
☒ Priority #4: Capital Infrastructure Improvement
☒ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
Meeting Date: 01/21/2025 Page 3 Agenda Item # VI.B.1
SUGGESTED MOTIONS:

Move to authorize approval of the Administrative Policy City Council Member Discretionary Fee Waivers for Community Center Use
Attachments: 1. Administrative Policy City Council Member Discretionary Fee Waivers for Community Center Use

2. Silveira Center Use Policy

3. Facility Use Application
386166.2 Page 1

CITY OF LAKEPORT

ADMINISTRATIVE POLICY

CITY COUNCIL MEMBER DISCRETIONARY FEE WAIVERS

FOR COMMUNITY CENTER USE
Adopted ________, 2025
I. Purpose
The purpose of this policy is to provide a framework for City Council members to grant fee waivers to community groups for the use of the Silveira Community Center. This policy ensures that City Council members have the flexibility to support community organizations while maintaining transparency and fiscal responsibility. The discretionary fee waiver program is designed to maximize the community center’s utility, support local non-profits, and enhance community engagement without overburdening the city’s budget.

II. Policy Overview
This policy allows City Council members to allocate fee waivers to qualified community groups for the rental of the Community Center. The goal is to support activities that benefit the local community, foster public engagement, and promote the use of the Community Center by nonprofit or community-serving organizations.

1. Eligibility Criteria for Fee Waivers. To be eligible for a fee waiver, organizations must meet the following criteria:

A. Non-Profit Status: The applicant must be a non-profit organization, local community group, or a government agency providing services to residents of the City of Lakeport.

B. Community Benefit: The event or activity must provide a clear benefit to the community, such as:
• Educational workshops or programs
• Cultural or recreational events
• Public service or charitable initiatives
• Community meetings
C. Event Eligibility: The event or activity must be aligned with the Community Center’s mission to foster public engagement and community building, while not being for private or commercial purposes.

2. Fee Waiver Allocation and Limits
A. Annual Budget for Fee Waivers: Each City Council member will have an annual budget of $1,500 to allocate toward fee waivers for Community Center rental fees.

B. Restrictions:
i. No City Council member may provide a fee waiver for any organization or event in which they are affiliated or have a financial interest. “Affiliated” for 386166.2 Page 2
purposes of this policy means a board member, officer, or employee of the organization.
ii. Fee waivers shall not include security deposits or cleaning fees. These costs are the responsibility of the organization or individual using the center and must be paid in full, even if a fee waiver is granted for the rental cost.

C. Procedure: Prior to granting a fee waiver for any organization or event, the City Council member must submit written documentation to the City Manager stating (i) that the Council member is not affiliated with or financially interested in the organization or event; (ii) how the eligibility criteria set forth above are met; and (iii) the total monetary amount of the fee waiver. These records will be maintained by the City Clerk’s Office and shall be public records subject to disclosure.

D. Unused Funds: Any portion of a Council member’s annual fee waiver budget not used by the end of the fiscal year will not carry over to the next year.

This reservation/contract is issued in accordance with the policies as established by the City of Lakeport. Failure to comply by any group/individual may cause reason to revoke this agreement. Reservations are on a first-come, first-served basis, up to one year in advance of the rental date.

Your reservation date is not confirmed until reviewed and approved by the City of Lakeport.

1. The Lakeport Community Center has a one-day minimum charge.

2. NO EVENTS CAN EXTEND BEYOND 12 a.m., including time spent for cleanup.

3. All individuals associated with your event will not be allowed to enter or remain in the facility before or after times reserved.

4. All permittees must accept the facilities and areas in the condition found. The City makes no warranty as to safety and usability of any facility beyond that afforded to the general public.

1. A deposit is required and is due at the time of booking. Deposits are processed immediately upon receipt and will be returned if no damages or violations occur. Deposits will not be returned if your event results in the need for any of the following:
• Cleaning beyond the normal, daily Center maintenance. • Repairs or replacement due to structural or equipment damage. • Fire Department response due to false alarm or exceeding room capacity per the Fire Code. • Police Department response due to failure to follow all laws and ordinances, including, but not limited to, the City’s sound ordinance and laws related to disturbing the peace.

The deposit will be used to pay for the additional fees. If fees exceed amount of the deposit, the renter will be required to pay the additional amount.

2. Facility inspections are conducted by city staff immediately following events to determine the condition of the facility (including common areas, restrooms and kitchen). Deposits will be refunded if all the clean-up criteria are met, the rental time was not exceeded, and no damage has occurred.

3. The City reserves the right to retain the entire security deposit if the applicant has knowingly made a false statement of material fact or has knowingly omitted a material fact in the rental application.

1. All fees are due and payable 30 days prior to scheduled use. Payments may be in the form of a check, cash, or credit card (MC, Visa, or AmEx).

2. Failure to meet this deadline may result in cancellation of the permit and forfeiture of deposit and/or fees paid.

3. Renters who arrive earlier or stay later than the reserved time will be charged for the additional time.

4. Additional fees will be charged for any time necessary for cleanup, caterers, bands, DJ’s, and permittee to depart facility. The hourly rate for any occupancy of the building past the contracted ending time will be charged to the permittee. Rental times must include your set-up and take-down/clean-up time. Tear-down/clean-up is defined as removing any garbage, decorating, and food remains.

5. Fees are not refunded for reserved time not used.

6. The City reserves the right to adjust fees at any time.

7. If renter wishes to change the event date(s), a $30 service fee will be assessed for each date change.

City of Lakeport
225 Park Street, Lakeport, CA 95453  707-263-5615  Fax 707-263-8584 www.cityoflakeport.com

SILVEIRA COMMUNITY CENTER

FACILITY USE POLICY

8. Only the person(s) listed as ‘responsible’ on the application is authorized to submit rental changes. Changes must be made in writing and be approved by staff; additional fees may apply.

1. Each permittee shall take out, at their expense, and keep in force during the period covered by the agreement, broad form comprehensive general liability insurance, naming the City of Lakeport, its officials, officers, employees, agents and volunteers as additional insured, at least 14 days prior to the event. The minimum required insurance liability coverage amount is $1,000,000 (1 million per occurrence /$2,000,000 aggregate).

2. The certificate holder should be City of Lakeport, Office of the City Clerk, c/o 225 Park Street, Lakeport, CA 95453 and permittee agrees to hold harmless from any liability of damages and claim for damages for personal injury including death as well as for claims of property damage which might arise from the use of the rental facilities or furnishings.

1. A $30 service fee will be charged for any cancellation, refund, and/or re-scheduling of an event.

2. If the nature of the event, or the number of participants changes, the City of Lakeport staff must be notified at least 10 days in advance, and if necessary, fees will be charged in accordance with applicable rates. The department reserves the right to disapprove of any such changes.

3. Cancellation Policy
• Cancellations made 20 or more days prior to the event will result in forfeiture of 100% of the deposit. All rental fees will be refunded.
• Cancellations made less than (20) days prior to the event will result in forfeiture of 100% of all rental fees (your deposit will be returned to you as if the event occurred), regardless of when the event was reserved and the permit was issued, including regular renters who have ongoing files. • All cancellations are required to be in writing by the person who signed the contract.

1. In addition to the right to terminate this rental agreement upon permittee’s default, the City shall have the right to terminate part or all of this agreement at any time in the following circumstances:
• Upon 30 days written notice.
• Immediately without notice if the City Council, City Manager, or City Director of Emergency Services determines that the facility is required for public necessity or emergency use. • Immediately without notice if the facility is destroyed or damaged. • Neither City nor any of its officers, agents, or employees shall be liable to permittee for any damages that may be sustained by permittee through exercise by City of any of its rights to cancellation pursuant to this section. Upon such cancellation, any deposit and fees paid by permittee shall be refunded.

1. Intent to serve and/or sell alcoholic beverages must be noted on the application and must receive police department approval and is limited to hours set by the police department per event. Alcohol must be consumed only in the room(s) rented.

2. Serving alcohol to minors is strictly prohibited and it is the responsibility of the permittee to ensure that minors are not permitted to consume alcoholic beverages at the park or facility. Groups where majority (51%) of participants are under 21 years of age will not be permitted to serve, consume, or have alcohol.

3. No alcohol shall be served or sold prior to the arrival of security/event staff and/or one hour or one half hour prior to departure or as specified in the alcohol permit.

4. Permittees who charge an admission fee or accept donations and serve alcohol must obtain a temporary alcohol sales permit

from the State of California Alcoholic Beverage Control Board. A copy of the license must be on file at the Department’s office 30 days prior to the event. The original ABC license must be posted on site during the entire event.

5. Beverages must be served in plastic cups. Alcoholic drinks must be served in a different colored cup than non-alcoholic drinks.

6. Only one keg of beer per 100 adults is permitted.

7. Per City Ordinance, SMOKING IS NOT PERMITTED inside or within 20 feet of the facility. A $100 fine will be assessed for each infringement. Absolutely no cannabis smoking is allowed on the premises.

1. Based on the size and type of the event, additional event staff/private security may be required. Arrangements and costs are the responsibility of permittee. Private security may be obtained from any security agency licensed and bonded by the State of California. Each guard from the security agency must have and show a copy of his/her guard card. A copy of the security contract must be provided at least 30 days prior to the event.

2. When applicable, the City of Lakeport may require adult chaperones for youth activities. A list of chaperones must be submitted to the Department at least 30 days prior to the event, including addresses and phone numbers.

3. City shall have the absolute right to enter premises herein specified, or any portion thereof, at all times.

1. Use of confetti, rice, glitter, candles, and fog machines are prohibited. Use of screws or nails are prohibited. Use of any of these items will result in a forfeiture of the deposit and may result in additional fees.

2. Permittee is responsible for leaving the facility & kitchen in a clean condition in accordance with policy item J (see “J. KITCHEN CLEANING PROCEDURES”), in addition to those listed in this section (I “CLEAN-UP/DECORATING RESPONSIBILITIES). If additional cleaning of the facility is warranted via City staff or contracted janitorial services, the permittee will be responsible for additional charges and/or forfeiture of deposit.

3. All items brought into the building by permittee must be removed upon departure.

4. Dispose of all loose trash (cans, paper products, decorations) in receptacles provided.

5. Renters must place all garbage in the dumpster located outside the building.

6. All cardboard is to be broken down and placed in the cardboard recycling container outside.

7. Wipe off all table surfaces and counter areas.

8. Mop all liquid spills (including kitchen, stage and dressing room areas if applicable).

9. Remove all decorations, tape and equipment belonging to your group. Use of nails or screws are prohibited.

10. Return all property belonging to the City of Lakeport. This includes microphones, extension cords, projectors, etc.

11. Report all damages or injuries to the building attendant.

12. Advise building attendant of final departure time. It is your responsibility to leave promptly at the time indicated on your permit. If you do not leave on time, you will be charged overtime at 1 ½ times the rental rate.

13. Do not leave the sinks full. If there is any stoppage, please report it to the building attendant.

14. Do not dump ice or grease on landscaping or grass.

15. If Community Center dishware and utensils are used, it is your responsibility to run them wash and dry them and have the building attendant check them.

16. Remove all food items from refrigerators and freezer. Any items remaining will be removed by City staff. *It is strongly suggested that renter also notify caterer of these kitchen-cleaning requirements. *

1. Renter is responsible for kitchen cleaning requirements and failure to follow the guidelines listed below, may result in forfeit of rental deposit.

2. Place new liners in all trash receptacles. Each piece of equipment used must be cleaned and shut down according to directions provided.

3. Surface clean all appliances used. All surfaces (prep tables and work counters) must be washed with dish soap and hot water.

4. Remove all food particles from sinks and stove-tops; wash with dish soap and hot water.

5. Please do not put large amounts of food down the garbage disposal. Repairs and maintenance as a result of this will be renter’s responsibility.

6. Empty, rinse, and make sure all food particles are removed from inside the dishwasher.

7. Empty refrigerator and freezers of all food and beverage. Clean inside of refrigerator, mop any spills, and wipe off all racks in the refrigerators with a damp cloth.

8. Sweep all debris from floor; mop all floor surfaces used with detergent and hot water.

9. Clean all stainless steel surfaces behind and above cooking areas.

1. Any damage or loss to facility or equipment is the responsibility of the permittee. The permittee shall be liable for costs associated with call outs of public safety officials and restoring and/or replacing any damages or losses.

2. The permittee’s additional liability insurance shall not be limited to the amount of the deposit. If the permittee refuses to pay, legal action may be taken. In any case, the permittee will not be allowed to use any City facilities until full payment has been made.

1. A permit may be revoked for failure to observe any rules, regulations, and ordinances of the City of Lakeport, for improper conduct or cancellation by City (see “F. CANCELLATION BY CITY” section).

2. If incomplete or incorrect information regarding the nature of the event or expected attendance on application is given to department staff, immediate cancellation of permit may result with no refund of fees and/or deposit.

3. Any publication of the proposed activity that occurs prior to the permit being approved shall cause the permit to be denied.

4. Not being in possession of their ABC license/permit, if applicable, will result in the immediate cancellation of the permit/and or event with no refund of fees and/or deposit.

5. Events that exceed expected attendance capacity may be immediately cancelled with no refund of fees and/or deposit.

6. Fights, vandalism, or unacceptable behavior occurring during an event shall cause immediate cancellation of the permit and no refund of fees and/or deposit.

1. In compliance with the Americans with Disabilities Act of 1990, renters are prohibited from discriminating against individuals with disabilities in any events, programs, or activities. RECREATIONAL OPPORTUNITIES FOR PERSONS WITH DISABILITIES: We welcome persons with disabilities to participate in any class or activity offered by the City of Lakeport. We will make reasonable effort to accommodate the participants’ special needs so that they may enjoy program opportunities offered by the City.

2. The City of Lakeport prohibits discrimination in all its programs, facilities, activities, on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual’s income is derived from any public assistance program.

3. No animals, except seeing-eye dogs, canine companions, and certified service animals are permitted in the building.

4. Modification of electrical systems or hook up is prohibited unless prior approved is given by City personnel and or Maintenance Department.

5. Dining, food service, and/or congregating is/are prohibited within 10 feet of any exit. Congregating within 20 feet of the ATM is prohibited. Parking in designated ATM stalls is prohibited. Parking lot shall allow for the free flow of traffic.

6. The following is strictly prohibited:
• Open flame candles (prior approval required).
• Pyrotechnics or fireworks.
• Blocking of exits or exit lights with curtain or booths, tables, chairs, or other objects. • Propane or flammable gas cylinders of any type.

1. Customers are responsible for their own set-up and break-down. The City reserves the right to change the set-up if it is not in accordance with Fire Marshall Regulations and/or is not in compliance with maximum occupancy, which is 300 people.

2. If multiple set-ups are required during an event, they must be specified on the application and the patron will be charged the Building Attendant rate for the building attendants needed.

3. Guidelines for Set-Ups
• Doorways may not be blocked.
• Aisles must be a minimum 4 feet wide.
• Exit pathways must be the same width as the doors.

O. INITIALS AND SIGNATURE
Initials
Failure to comply with all the City of Lakeport’s rental policies and procedures may result in loss of your depositand/or your event being cancelled early or entirely.

My signature below signifies that I have read and understand ALL the rental policies and rules outlined in the application.

I agree to abide by all conditions outlined in this application and any permit(s) issued associated with this application.

I also agree to pay the City of Lakeport all costs the City may incur as a result of any failure to fully comply with all these conditions
To the extent a release and/or waiver of any type is obtained from any participant in the event/activity, said release and or waiver shall expressly include the City, its employees, agents and representatives as released parties. Said provision(s) shall confirm that the City, its employees, agents and/or representatives are released from all claims or damages of any type which may arise or are in any way related to participation in said event/activity.

My signature below signifies that: I am 21 years old or older; I agree to abide by all the conditions of this Facility Use Policy; and I also agree to pay to the City of Lakeport all costs the City may incur as a result of any failure to fully comply with all of these conditions.

Signature Today’s Date
Printed Name
----------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------- Signature City Manager Today’s Date
ALCOHOLIC BEVERAGES:

Alcoholic beverages may only be served at City facilities upon City approval in accordance with this policy.

Alcohol is strictly prohibited at events with more than 50% of participantsbeing under the age of 21. Approval to sell liquor at City facilities must be obtained from the Lakeport Police Chief or authorized representative. An ABC license is also required to sell alcohol at City facilities. A copy of the ABC License must be on file with the City of Lakeport (10) ten days prior to scheduled event. Security or event staff may be required for any event serving or selling alcohol.

THE USE OF ALCOHOL AT CITY PARKS AND RECREATION FACILITIES IS ALSO SUBJECT TO THE FOLLOWING:
• Giving, serving, or selling alcoholic beverages to any person under age 21 is illegal. In addition to any sanctions under this policy, providing alcohol to minors is subject to criminal enforcement. Possession of alcohol by minors may result in the event being canceled and closed immediately. • Upon such cancellation or closure, all fees and deposits paid for the event will be forfeited and may be retained by the City.
• The use of alcohol is restricted to hours set by the police department. • All alcoholic beverage services must terminate one hour or one half hour before the scheduled end of the event, as specified in the permit.
• Beverage servers/sellers must refuse service/sale to anyone who appears to be intoxicated or under age 21. Minors who are in the possession of alcohol may result in the event being canceled and closed immediately. A security guard or event staff must stand next to the bar and monitor all sales and distribution of beverages and alcohol. The license holder/person(s) serving alcohol to minors during events held at the City Facilities are solely responsible for any criminal or civil penalties imposed. • Proof of age must be required for anyone appearing to be 30 years of age or younger. Acceptable forms of identification are Military I.D., Passport, or Driver’s License and must include date of birth, physical description, and photograph. Servers must confirm that the I.D. is that of thepresenter. • All beverages must be served in plastic cups. Alcoholic and non-alcoholic beverages must be served in distinctly different containers. Glassware may be used only with permission of the facilitymanager. • Beer- Only one keg per 100 adults is permitted. (200 adults= 2 kegs, 300 adults = 3 kegs). • Alcoholic beverage sales/services are not to exceed 2 standard drinks per person per visit to the point of service. For purposes of this policy, a standard drink is a 12-ounce beer, a 4-ounce glass of wine or a 1¼-ounce glass of distilled spirits. Serving practices will reflect this equivalency. • Non-alcoholic beers and wines may not be sold or served to minors. • No alcoholic beverages may be brought into or taken out of the event by guests or participants. 20 City of Lakeport
225 Park Street, Lakeport, CA 95453  707-263-5615  Fax 707-263-8584 www.cityoflakeport.com

ALCOHOL POLICY
NON-ALCOHOLIC BEVERAGES:

1. Non-alcoholic beverages (sodas, juices, waters, etc.) will be promoted and made available for the duration of any event where alcoholic beverages are sold or served.

FACILITY:
• All alcohol must be presented to and inventoried by City staff and private security prior to the event.

Once alcohol is inventoried no further alcohol will be permitted at the facility. • No alcohol may be served or sold prior to the arrival of security. • No alcohol may be allowed outside the area where alcohol is permitted as designated in the contract between the City of Lakeport and permittee, including outside the building. • Alcohol is prohibited in the parking lot.

STAFFING/SERVERS:

All events with 100 or more guests distributing alcohol, must either utilize the services of a catererwho is licensed and insured to serve alcohol at their client’s event or at least one person trained in Licensee Education on Alcohol and Drugs (LEAD) must be present for the duration of the event to assist serversand monitor the event. Depending on the type and size of event, all servers may be required to participate in LEAD training. The LEAD trained personnel will assume responsibility for insuring that alcohol related policies are enforced. The name(s) of the designated LEAD person(s) will be submitted to facility management before the event. You can find an online training course athttps://www.abc.ca.gov/education/register-for-licensee-training/ • Volunteers, event staff or those serving alcohol are not allowed to drink alcohol while working at the event.

TRANSPORTATION:
• At least one person present for the duration of the event will be designated to assist with arrangements for alternative transportation for alcohol impaired individuals, if requested by City staff or event participants. The name of this person will be submitted to City facility management before the event.

ENFORCEMENT:
• City facility management reserves the right to close any event that violates this policy or that poses a health or safety risk.
• Event staff or security (if required) must monitor the bar and/or alcohol serving area and monitor all sales and distribution of alcoholic beverages.
• Alcoholic beverage servers must be identified as such through the use of badges, buttons, pins, vests, etc.
• Conditions of sale, including the Police Department permit or ABC Permit if required, must be posted in a conspicuous place visible to the public and available upon request by any peace officer.

Signature Date Date of Event
Arrangements and costs are the responsibility of the renter with all security arrangements confirmed in writing at least thirty (30) days prior to your event. Your signed security contract for paid services may be faxed to 707.656.4057.

Based on the nature, size and type of event, private security may be required and may be obtained from any security agency licensed and bonded by the State of California. It is up to each user group or renter to decide for themselves which security company they prefer touse.

1. Private Security Companies are not permitted to carry guns on the premises of the Lakeport Community Center, 510 North Main Street, Lakeport, CA, while hired to provide security services for private or public events.

2. All security guards are to be insured and bonded by the State of California and must provide a valid driver’s license and guard card to the Building Attendants upon arrival at each event.

3. All guards must be identifiable by a guard uniform.

4. A supervising guard must be present at event.

5. Security guards must be willing to assist other events in the facility if needed although they may not be contracted for services by other facility events.

6. The number of security guards required for an event with alcohol is determined by the size and type of event.

7. We ask that the security guards monitor the number of people in a room not to exceed room capacity by limiting and controlling the number of people entering an event.

8. The security company will furnish the City of Lakeport incident reports and make them available upon our request. Each security person will be required to complete the Incident Report Form, provide a guard card number prior to the event, and sign form prior to leaving thepremises.

9. Alcohol will not be permitted unless security services have been acquired.

A security company’s purpose within the facility is to provide a safe environment for all individuals and to assist with the enforcement of the City of Lakeport’s facility use policies and procedures, including use of alcohol.

I understand that I will be furnishing private security for my event and must provide a copy of the signed contract to the City of Lakeport.

Permittee Signature Date Date of Event
22 City of Lakeport
225 Park Street, Lakeport, CA 95453  707-263-5615  Fax 707-263-8584 www.cityoflakeport.com

SECURITY POLICY
City of Lakeport Community Center
500 North Main Street  Lakeport  CA  95453  707.263.5615  Fax 707.263.8584 [email protected]

FACILITY USE APPLICATION
This reservation/contract is issued in accordance with the policies as established by the City Council, City of Lakeport. Failure to comply by any group/individual may cause reason to revoke this agreement. Reservations are on a first-come, first-served basis. Your reservation date is not confirmed until reviewed and approved by the Facility Supervisor.

Customer Information
Contact Person: ___________________________________
Street Address: ___________________________________
City, State, Zip:____________________________________
Phone: __________________________________________
Alt Phone: _______________________________________
Email: ___________________________________________
Company Information
Company Name: __________________________________
Street Address: ___________________________________
City, State, Zip:____________________________________
Phone: __________________________________________
Email: ___________________________________________
 Government/School
 Non-Profit #____________
Please include a brief description of your event. If your event is a fundraiser or community event please include a complete agenda/description of your event.

Event Information
Name of Event: ___________________________________
Date of Event: _________________________
Attendance: _________ Guests over 21 years old
_________ Guests under 21 years old
_________ Total number of guests
Reservation Date(s): _______________________
Arrival Time to Set Up: _______________ am/pm
Departure Time After Clean Up: _______________ am/pm
Arrival Time for Guests: ______________ am/pm
Departure Time for Guests: ______________ am/pm
YES NO
Is this open to the public?  
Is this a fund-raiser?  
Vendor/Booth Fee?  
Entertainment Activities?  
Admission charged / Tickets sold?  
Donations requested?  

Describe Donations
Will alcohol be served?* 
Type of alcohol: Beer / Wine / Hard Alcohol
Will alcohol be sold?*  
*Alcohol sales or consumption will require the appropriate permit from the Lakeport Police Department.

Other
Select Rental Type:

Week Day____________
Weekend____________
Friday Add-On to Weekend Rental__________
Please answer the following:

Kitchen Only ____________

USE OF THE COMMUNITY CENTER AND RENTAL INFORMATION
Rental rates:
*Events of 75 or more guests
may be subject to additional
cleaning fee
$300.00 per day
$500.00 per day
$700.00 per weekend
$1200.00 per weekend
$100.00 per weekend
$150.00 per day
$250.00 per rental
$350.00 per rental
$150.00 per rental
$30.00 Hourly
Daily Rate (Government/Non-profit):

Daily Rate (Other):

Weekend Rate (Government/Non-profit):

Weekend Rate (Other):

Friday Add-on for Weekend Rental:

Kitchen Only
Deposit:

Deposit w/ Alcohol:
*Cleaning Fee
Cancellation/ Reschedule Service Fee:

Additional Time Charge: $50.00 per hour
Insurance Requirement: Renters must provide the City of Lakeport with a Certificate of Insurance and Additional Insured Endorsement (Form CG 20 26 11 85) naming the City of Lakeport as additionally insured in the amount of $1,000,000 (one million dollars).

Renter’s Responsibilities:  The renter acknowledges that he/she will contact the Administrative Services Department representative 3 days prior to the renter’s event to review the facility and all available equipment to the renter.
 All equipment used must be returned to the proper location.  Applicants and users of the facility assume full responsibility for any damage to the facility and equipment.
 Any additional “City” responsibilities or requested services related to the use of the facility must be received in writing and approved in advance of the scheduled dates by the City of Lakeport Administrative Services Department.

Americans with Disabilities
Act:

If you have a special need regarding accessibility to this facility, please call the City Clerk’s Office at 263-5615. Every effort will be made to assist in accommodating you.                                             For Department Use Only
Date Application Received: Application No.

City Manager Approval: Date:

Facility Use Fee: $ Date Paid: Receipt Number:

Cleaning Fee: $ Date Paid: Receipt Number:

Deposit: $
(no alcohol)
Deposit:
(alcohol)
Check Number:

Total Fees Due: $ Walk Through Inspection Before Walk Through Inspection After Less Costs: $ (See attached itemized list)
Less Damages: $ (See attached itemized list)
Refund Due: $ Check Number: Date:

Insurance Provided: Yes No Date Received:

Meeting Date: 01/21/2025 Page 1 Agenda Item # VI.C.1.
384908.1

CITY OF LAKEPORT
City Council ☒
City of Lakeport Municipal Sewer District ☐
Lakeport Industrial Development Authority ☐
Municipal Financing Agency of Lakeport ☐

STAFF REPORT
RE: California Housing Legislation Update MEETING DATE: 01/21/2025 SUBMITTED BY: Joey Hejnowicz, Community Development Director PURPOSE OF REPORT: ☒Information only ☐ Discussion ☐Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to receive an informational only report on significant housing legislation passed within California in recent years.

BACKGROUND
According to the California Department of Housing and Community Development (HCD), housing production in California averaged fewer than 80,000 homes per year in the last decade — less than half of the projected 180,000 homes required. To address this issue, since 2017, the California Legislature has enacted nearly one hundred new housing laws, addressing a wide range of critical issues including the streamlining of housing approvals, reforms to single-family zoning, and the expansion of funding programs aimed at reducing homelessness. These legislative actions reflect the state's ongoing commitment to alleviating the housing crisis and addressing homelessness.

Providing periodic updates on recently passed housing legislation is essential for keeping elected officials informed. Local governments are responsible for implementing and enforcing state housing laws, making it crucial for officials to understand how new policies impact local operations. Staying informed allows local leaders to make well-founded decisions on development approvals, land use management, and long-term planning.

Furthermore, these laws directly affect constituents by influencing local economic growth, housing affordability, and community development. As housing continues to be a top priority for the state, keeping abreast of legislative changes ensures that local policies remain aligned with state requirements and community needs.

DISCUSSION
In recent years, California has enacted a substantial body of housing-related legislation aimed at addressing the state's persistent housing crisis and redefining local government roles in land use and development. Among these measures, several laws stand out as particularly impactful, not only in advancing statewide housing goals but also in imposing new requirements and constraints on local municipalities. These laws are critical for understanding the evolving policy landscape and the strategies needed to comply with state mandates while balancing local priorities.

Meeting Date: 01/21/2025 Page 2 Agenda Item # VI.C.1.
384908.1
California State Density Bonus Law
Originally enacted in 1979, California’s Density Bonus Law (Gov. Code §§65915 - 65918) allows a developer to increase density on a property above the maximum set under a jurisdiction’s General Plan land use plan. In exchange for the increased density, a certain number of the new affordable dwelling units must be reserved at below market rate (BMR) rents or sale prices. Qualifying applicants can also receive reductions in or waivers of required development standards. Greater benefits are available for projects that reach higher percentages of affordability (with unlimited density available for certain transit-adjacent, 100-percent BMR projects).

The density bonus amount is set on a sliding scale based upon two factors: 1. The percentage of units in the project that would be set aside as affordable and 2. The household income category of those affordable units (very low, low, moderate household income). Other bonuses and concessions are available based on the provision of affordable housing for senior citizens, students, transitional foster youth, veterans, or homeless persons.

California Regional Housing Needs Assessment (RHNA) and Its Impact on Local Governments Housing in California is recognized by state law as a matter of vital statewide importance. Since 1969, the State has required all local governments—cities, towns, and counties (collectively referred to as "local jurisdictions")— to adequately plan for the housing needs of their communities. This is accomplished through the development of a Housing Element, which is a required component of each jurisdiction's General Plan—the long-term blueprint for managing growth and development.

HCD is responsible for determining the overall number of housing units that regions across the state must plan for, known as the Regional Housing Needs Assessment (RHNA). HCD allocates these housing needs across four income categories:

1. Very low-income (30% - 50% AMI)

2. Low-income (50% - 80% AMI)

3. Moderate-income (80% to 120% AMI)

4. Above moderate-income (market rate)
HCD is currently developing a methodology to allocate housing needs for the categories of “acutely low income” (0% - 15% AMI) and “extremely low income” (15% - 30% AMI). Local jurisdictions will be required to analyze these income categories in subsequent Housing Element updates.

Once the total housing allocation is provided, regional planning agencies distribute the housing requirements to local jurisdictions, which are then responsible for integrating these figures into their Housing Element. Local governments must outline specific plans, zoning, and programs to facilitate the development of these housing units across all income levels and must periodically report progress to HCD.

RHNA has a significant impact on local governments, as it compels jurisdictions to proactively address housing shortages, especially for low- and moderate-income families. Failure to comply with RHNA requirements may result in penalties, legal action, or loss of state funding, making it essential for local governments to develop actionable strategies that meet their housing targets.

City of Lakeport 2023 RHNA Progress
Meeting Date: 01/21/2025 Page 3 Agenda Item # VI.C.1.
384908.1
Income Level RHNA
Allocation
by
Income
Level
2019 2020 2021 2022 2023 Total
Units
to
Date
(all
years)
Total
Remaining
RHNA by
Income
Level
Very Low Deed
Restricted 31 - 34 - - - 34 -
Non-Deed
Restricted - - - - -
Low Deed
Restricted 21 - 13 - - - 17 4
Non-Deed
Restricted - - 3 1 -
Moderate Deed
Restricted 21 - - - - - 2 19
Non-Deed
Restricted - - 2 - -
Above
Moderate 59 - 1 - 3 1 5 54
Total RHNA
132
Total Units
- 48 5 4 1 58 77
SB 35 – Affordable Housing Streamlined Approval Process (Wiener, 2017) SB 35 (Wiener), passed in 2017, aimed to accelerate housing development by streamlining the approval process for certain housing projects. It applies to cities and counties that have failed to meet their state-mandated housing goals, as determined by the Regional Housing Needs Assessment (RHNA), or failed to adopt a Housing Element that is substantially compliant with Housing Element law.

Under SB 35:
• Streamlined approval is granted for projects that include a specified percentage of affordable housing units (10-50%, depending on the jurisdiction's RHNA shortfall). • Eligible projects must comply with local objective zoning and design standards but bypass discretionary review, including environmental reviews under the California Environmental Quality Act (CEQA). • Projects must be multi-family developments located in urban areas, on infill sites, and comply with labor standards, such as prevailing wages for construction workers.

SB 35 is seen by the state as an important tool for increasing the production of housing, particularly affordable housing, by simplifying the approval process in underperforming jurisdictions.

Housing Accountability Act
The Housing Accountability Act (HAA), Government Code section 65589.5, establishes limitations to a local government’s ability to deny, reduce the density of, or make infeasible housing development projects, emergency shelters, or farmworker housing that are consistent with objective local development standards and contribute to meeting housing needs. The California Legislature first enacted the HAA in 1982 and recently amended the HAA to expand and strengthen its provisions as part of the overall recognition of the critically low Meeting Date: 01/21/2025 Page 4 Agenda Item # VI.C.1.
384908.1
volumes of housing in California. The HAA is one of the oldest and most important pro-housing laws in California.

A local government must approve a housing development project that complies with all objective rules in the general plan, zoning ordinance, subdivision ordinance, and design standards. The government may not disapprove the project or impose a condition that the project be developed at a lower density, unless the local government makes written findings that (1) the project will have a specific, adverse impact on public health or safety, and (2) there is no way to mitigate the adverse impact other than by disapproving the project or conditionally approving it at a lower density. These written findings must be based on a preponderance of the evidence in the record. The health or safety impact identified must be significant, quantifiable, and direct, and it must be based on identified written public health or safety standards.

SIGNIFICANT HOUSING LEGISLATON IN RECENT YEARS
2020
AB 831- Housing Development Application Modifications (Grayson) This measure makes changes to the process for development projects approved by the streamlined, ministerial process created by SB 35 (Wiener, Chapter 366, Statutes of 2017). The change provides a path to modify approved development projects prior to the issuance of the final building permit required for construction, including provisions on how local governments must treat such an application for a modification. This measure also specifies how local governments must approve and construct public improvements provided in conjunction with the streamlined, ministerial development project in a manner that does not inhibit the development.

AB 2345 – Affordable Housing Density Bonuses (Gonzalez) This measure revises the Density Bonus Law to increase the maximum allowable density and the number of concessions and incentives a developer can seek. This measure also requires that the annual report include information regarding density bonuses granted in accordance with specified law.

Density Bonus Law previously only allowed for developers to receive up to a maximum of 35% density bonus. AB 2345 expanded this bonus to up to 50%.
2021
SB 9- Housing Development Approvals (Atkins, 2021)
This measure requires ministerial approval of a housing development with no more than two primary units in a single-family zone, the subdivision of a parcel in a single-family zone into two parcels, or both. SB 9 facilitates the creation of up to four housing units in the lot area typically used for one single-family home. Applies to single-family residential zones only.

AB 345 – Separate Conveyance of Accessory Dwelling Units (Quirk-Silva) This measure requires each local agency to allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if certain conditions are met, including that the property was built or developed by a qualified nonprofit corporation and that the property is held pursuant to a recorded tenancy in common agreement. Existing law requires that tenancy in common agreement to, among other things, allocate to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies.

AB 571 – Density Bonuses Affordable Housing (Mayes)
Meeting Date: 01/21/2025 Page 5 Agenda Item # VI.C.1.
384908.1
This measure prohibits a city or county from imposing affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, on a housing development’s affordable units under Density Bonus Law.

AB 634 – Density Bonus Law Affordability Restrictions (Carrilo) This measure provides that, if permitted by local ordinance, the Density Bonus Law is not to be construed to prohibit a city, county, or city and county from requiring an affordability period that is longer than 55 years for any units that qualified the applicant for the award for the density bonus developed in compliance with a local ordinance that requires, as a condition of development of residential units, that a development include a certain percentage of units that are affordable to, and occupied by low-income, lower income, very low-income, or extremely low-income households and that will be financed without low-income housing tax credits.

AB 721 – Affordable Housing Covenants and Restrictions (Bloom) This measure makes any recorded covenants, conditions, restrictions, or limits on the use of private or publicly owned land contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale that restricts the number, size, or location of the residences that may be built on the property, or that restricts the number of persons or families who may reside on the property, unenforceable against the owner of an affordable housing development, as defined, if an approved restrictive covenant affordable housing modification document has been recorded in the public record, as provided, unless a specified exception applies.

SB 10 – Housing Development Density (Wiener)
This measure gives local governments the power to upzone parcels in urban areas and transit-rich zones, permitting the development of up to 10 residential units per parcel without needing CEQA (California Environmental Quality Act) review. It supports denser housing construction in areas that can accommodate growth.

SB 478 – Housing Development Projects (Wiener)
This measure prohibits a local agency from imposing a floor area ratio standard that is less than 1.0 on a housing development project that consists of three to seven units, or less than 1.25 on a housing development project that consists of eight to ten units.
2022
SB 897 – Accessory Dwelling Units (Wieckowski)
This measure significantly amended the statewide standards that apply to locally adopted ordinances governing the construction of ADU’s. Most notably, this measure increases the height maximum of ADU’s from 16 to 18 feet for parcels with an existing or planned multifamily building; or 20 feet for a multifamily or single-family parcel located within one half mile of transit. This measure would also require local jurisdictions to allow an ADU, that is attached to a primary single-family residence, to be constructed with a height of 25 feet or the maximum height allowance of the primary dwelling, whichever is lower.

AB 2668 – Planning and Zoning (Grayson)
This measure clarifies that a development subject to SB 35 (Wiener), Chapter 366, Statutes of 2017, is subject to a streamlined, ministerial approval process, and not subject to a conditional use permit or any other nonlegislative discretionary approval. The measure further specifies that a local government is required to approve a development if it determines that the development is consistent with objective planning standards.

SB 6 – Housing Commercial Zones (Caballero)
Meeting Date: 01/21/2025 Page 6 Agenda Item # VI.C.1.
384908.1
This measure, the Middle Class Housing Act of 2022, deems a housing development project an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use, if specified conditions are met, including requirements relating to density, public notice, comment, hearing, or other procedures, site location and size, consistency with sustainable community strategy or alternative plans, prevailing wage, and a skilled and trained workforce.
2023
AB 976 – Accessory Dwelling Units Owner Occupancy Requirements (Ting) This measure eliminates the ability of local agencies to impose owner-occupancy requirements on any ADUs, regardless of when they were permitted, as opposed to allowing such requirements after January 1, 2025.

AB 1332 – Accessory Dwelling Units: Preapproved Plans (Carrillo) This measure requires every local agency to establish a program for the preapproval of ADU plans by January 1, 2025. The program mandates that local agencies accept plan submissions for preapproval, and they must base their approval or denial on established standards. They are allowed to charge fees for preapproval and are required to post preapproved plans on their website along with the contact information of the plan applicant.

Additionally, local agencies must expedite the approval process (30 days) for detached ADUs using preapproved plans or plans identical to those previously approved within a specific building standards code cycle. This measure applies to all cities, including charter cities, and aims to address housing concerns at a statewide level, with no reimbursement required from the state to local agencies.

AB 821 – General Plan Zoning Ordinance (Grayson)
This measure requires that if a zoning ordinance in a county or city becomes inconsistent with the general plan due to an amendment to the general plan, the local agency must either amend the zoning ordinance to align with the general plan within 180 days of receiving the application or process the development application according to applicable laws. If the local agency fails to amend the zoning ordinance within the specified time, it must process the development application. This measure also allows residents or property owners to take legal action to enforce compliance with these provisions within 90 days of a local agency's failure to comply.

AB 1287 – Density Bonus Law Maximum Allowable Residential Density (Alvarez) This measure redefines "maximum allowable residential density" as the greatest number of units allowed under local zoning ordinances, specific plans, or general plan land use elements for a housing development project. It mandates the granting of an additional density bonus (resulting in a total density bonus of up to 100%) and increased incentives or concessions (up to 5) by local governments when developers adhere to specific requirements, construct affordable units for very low income and moderate-income households, and meet specified criteria.

AB 1449 – Affordable Housing California Environmental Quality Act Exemption (Alvarez) This measure establishes exemptions from the CEQA for specific actions related to affordable housing projects until January 1, 2033. The exemptions include entitlement issuance, land leasing, rezoning, and financial assistance, as long as the affordable housing projects meet specific conditions, such as regulatory agreements and environmental assessments. It mandates the lead agency to file a notice of exemption with the Office of Planning and Research and county clerk if they approve or carry out an exempted activity.

SB 423 – Streamlined Housing Approvals Multifamily Housing Developments (Wiener) Meeting Date: 01/21/2025 Page 7 Agenda Item # VI.C.1.
384908.1
This measure modifies and expands SB 35 provisions that allow certain multifamily housing developments to take advantage of a streamlined, ministerial approval process. Specifically, this measure: 1) Extends the Jan. 1, 2026 sunset to Jan. 1, 2036. 2) Applies SB 35 provisions to the Coastal Zone. 3) Allows the State to approve housing developments on property it owns or leases. 4) Prohibits a city from enforcing its inclusionary housing ordinance if the income limits are higher than those in SB 35.

SB 684 – Streamlined Approval Processes Development Projects of 10 or Fewer Residential Units on Urban Lots Under 5 Acres (Caballero)
This measure streamlines the approval processes for housing development projects of 10 or fewer residential units on urban lots under five acres. It mandates local agencies to consider these projects through a ministerial approval process, eliminating discretionary reviews or hearings. This measure sets specific criteria for projects — including parcel size, density, and zoning — and imposes time limits for local agencies. to approve or deny applications. Additionally, it allows local agencies to impose certain zoning and design standards while prohibiting others. This measure excludes single family residential horse keeping zones and grants local agencies the discretion to permit urban lot splits and ADUs in such zones.

AB 1485 – Housing Element Enforcement Attorney General (Haney) This measure grants both HCD and the office of the Attorney General the unconditional right to intervene in legal actions addressing violations of specified housing laws, including the Housing Accountability Act, the Density Bonus Law, and the Housing Crisis Act of 2019.
2024
Governor Newsom recently signed into law a comprehensive housing package aimed at advancing California’s long-term strategy to address homelessness and housing shortages. City staff are actively reviewing and assessing the implications of these new laws to determine their impact on local housing policies and development efforts.

AB 1886 – Housing Element Law Housing Accountability Act (Alvarez) This measure provides more teeth to the Housing Accountability Act and what will happen if cities fail to get their Housing Elements certified. This measure also specifies that a Housing Element is only “certified” when HCD or a court determines it complies with Housing Element law, eliminating the ability of local governments to “self-certify” their Housing Elements.

AB 1893 – Housing Accountability Act Builders Remedy (Wicks) The builder’s remedy allows a developer to ignore local zoning codes and community needs and to build wherever they please so long as the project has a set number of affordable housing units if a city did not have a certified Housing Element at the time the project application was submitted.

AB 2023 – Housing Element Inventory of Land (Quirk-Silva) This measure will require cities in the 7th RHNA cycle to undergo a 120-day review process for any amendments to the Housing Element in response to HCD’s findings, including a 90-day review by the department and a 30-day public comment period for any additional amendments to draft Housing Elements.

SB 1037 – Housing Element Enforcement (Wiener)
This measure would fine jurisdictions up to $50K a month for not having a certified Housing Element or for not ministerially approving affordable housing projects. It additionally rules that $50K a month fines will begin as Meeting Date: 01/21/2025 Page 8 Agenda Item # VI.C.1.
384908.1
soon as a court has ruled a city is out of compliance with Housing Element law and has not gotten a certified Housing Element within 120 days of the ruling.

SB 1211 – Accessory Dwelling Units Ministerial Approval (Skinner) This measure requires local jurisdictions to ministerially approve up to eight (8) detached ADUs on an existing multifamily lot, provided that the number of ADUs does not exceed the number of existing units on the lot, and up to two (2) detached ADUs on a lot with a proposed multifamily dwelling.

SB 1123 – Subdivisions Ministerial Review (Caballero)
This measure requires ministerial approval of a parcel map or a tentative and final map, for housing developments containing 10 or fewer residential units, if the lot is substantially surrounded by qualified urban uses and is either zoned for multifamily residential development or vacant and zoned for single family residential development. A lot zoned for multifamily residential development may be no larger than 5 acres, while a vacant lot zoned for single family residential development may be no larger than 1.5 acres. If the parcels are zoned for multifamily residential development, the newly created parcels are no smaller than 600 square feet. If the parcels are zoned for single family residential development, the newly created parcels are no smaller than 1,200 square feet. The proposed housing development project must further meet certain criteria to qualify.

AB 2243 – Objective Standards Affordability and Site Criteria (Wicks) AB 2243 will extend AB 2011 projects to commercial corridors, vacant malls, and projects within 500 feet of a highway. This act provides that a housing development project is an allowable use on a parcel that is within a zone where office, retail, or parking is a principally permitted use, if the proposed development complies with specified requirements. Under that act, one of those requirements is that the project site is 20 acres or less. This bill, if the site is a regional mall, as defined, will instead require that the project site not be greater than 100 acres.

SB 937 – Development Projects Fees and Charges (Wiener) This measure requires local agencies to defer impact fee collection until the certificate of occupancy or final inspection for some affordable housing projects, unless the fees are collected to reimburse for previous expenditures already made, or the fees are for public improvements for which funds have been appropriated and the local agency has already adopted a proposed construction schedule or plan.

AB 1820 – Housing Development Projects Applications Fees and Exactions (Schiavo) This measure requires local agencies to provide a preliminary fee and exaction estimate to any development proponent requesting an estimate of project fees within 30 business days of a request during the preliminary application process. This measure specifies that the estimate is for informational purposes only and is not legally binding. Additionally, this measure requires local agencies to post current fee schedules and an archive of relevant fee studies on their internet websites. Finally, this measure requires local agencies 30 days after final approval of a project to provide a total sum of fees and exactions to the developer.

CONCLUSION
California's recent housing laws have significantly impacted local jurisdictions by reducing their control over housing development and land use decisions. These laws, aimed at addressing the state’s housing crisis, streamline housing production by limiting local authority to deny or modify projects that meet certain criteria, such as affordable housing requirements or density bonuses. These measures force local governments to approve qualifying developments more quickly, often bypassing traditional discretionary review processes.

Meeting Date: 01/21/2025 Page 9 Agenda Item # VI.C.1.
384908.1
While these laws seek to increase housing supply, many local jurisdictions feel they undermine local planning efforts, erode community character, and strain infrastructure without providing sufficient local funding or resources. Nevertheless, local jurisdictions must adapt to and plan for significant changes in state housing law as California’s Governor and Legislature view housing creation as a critical priority to address the state’s severe housing shortage and affordability crisis.

FISCAL IMPACT:
☒ None ☐ $ Budgeted Item? ☐Yes ☐ No
Budget Adjustment Needed? ☐Yes ☒ No If yes, amount of appropriation increase: $ Affected fund(s): ☐ General Fund ☐ Water OM Fund ☐ Sewer OM Fund ☐ Other:

Comments:

No motion needed, receive and file
☐ Attachments:

Meeting Date: 01/21/2025 Page 1 Agenda Item # VI.D.1.

CITY OF LAKEPORT
City Council ☒
City of Lakeport Municipal Sewer District ☒
Lakeport Redevelopment Successor Agency ☒
Lakeport Industrial Development Authority ☐
Municipal Financing Agency of Lakeport ☐

STAFF REPORT
RE: Annual Comprehensive Financial Report (ACFR), Fiscal Year 2023-24
MEETING DATE: 1/21/2025
SUBMITTED BY: Nicholas Walker, ACM /Finance Director
PURPOSE OF REPORT: ☒Information only ☐ Discussion ☐Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council, City of Lakeport Municipal Sewer District and the Lakeport Redevelopment Successor Agency is being asked to receive and file the City’s ACFR for the fiscal year ended June 30, 2024.

BACKGROUND/DISCUSSION:

Management is pleased to present the City’s ACFR for the fiscal year ended June 30, 2024. This document is the official, audited financial report of the City and includes the audit report from the City’s external, independent auditor, JJACPA. It was issued on December 23, 2024 and has been posted to the City’s website.

The information presented throughout the year has not been materially revised in the ACFR, and the auditor recommended no significant changes to the City’s financial report. A letter in this regard from the City’s auditor to the City Council is attached.

The ACFR communicates the City’s financial condition and activity in a transparent and organized manner and in compliance with accounting and financial reporting standards established by the Governmental Accounting Standards Board (GASB). The report presents historical and comparative information that can be useful to City staff, elected officials, and external users such as debt rating agencies, businesses, other public agencies, and the City’s residents. The most recent ACFR and 12 years of prior year reports are available on the City’s Finance website at:
https://www.cityoflakeport.com/Lakeport%20ACFR%202024.pdf Financial statements are prepared by the City and audited by independent auditors. The City selects its independent auditor through a competitive procurement process. The City’s current independent auditor is Joe Arch CPA, Inc. (JJACPA).

Auditors follow audit industry standards established by the American Institute of Certified Public Accountants (AICPA). These standards require auditors to provide an opinion on specific areas of the City’s financial statements based on observations, inquiries, testing of transactions, and analysis.

The City’s ACFR includes the following major sections and information:

Meeting Date: 01/21/2025 Page 2 Agenda Item # VI.D.1.

Introductory Section
• Letter of Transmittal – prepared by management and used to communicate information on areas that may have an impact on the City’s finances now and in the future. This includes economic factors as well as budget and management factors.

Financial Section (the main body of the ACFR for current year information) • Independent Auditors’ Report – the City’s report card on the content of the ACFR • Management’s Discussion and Analysis (MD&A) – provides an analytical overview of the City’s financial status and results for the year
• Basic Financial Statements – reports finances at a point in time (assets - liabilities) and throughout the year (revenues - expenditures), and cash flows
• City-Wide Statements – overview of financial information including all of the City’s operations by financial activity
• Fund Financial Statements – a detailed look at funds, reporting the Balance Sheet and Statement of Revenues, Expenditures and Changes in Fund Balance
• Notes to the Financial Statements (Notes) – a narrative explanation that accompanies the Basic Financial Statements
Required Supplementary and Supplementary Information Sections • Budget to Actual Comparisons – for all governmental funds with a legally adopted budget • Notes to Required Supplementary Information
• Pension Information – schedule of changes in the net pension liability and related ratios; schedule of contributions by plan
• OPEB Information – schedule of changes in the net Other Post-Employment Benefits (OPEB) liability and related ratios; schedule of contributions
• A breakout of individual non-major funds – for funds that were presented in a cumulative manner in the Financial Section
Statistical Section (current and historical information – up to 10 years) • Financial Trends
• Revenue Capacity Information
• Debt Capacity Information
• Demographic and Economic Information
• Operating Information
The attached ACFR for fiscal year 2023-24 has received an unmodified opinion by JJACPA. An unmodified opinion communicates that the financial statements are fairly presented and that the information used in the report is reliable. In their written communications to Council (Attachment B), the auditors note that they encountered no significant difficulties with management in performing or completing the audit. Statement on Auditing Standards (SAS) 114 establishes standards for the auditors’ communication with those charged with governance.

The Single Audit, also known as the OMB Uniform Guidance, is an organization-wide audit of an entity that expends $750,000 or more in federal financial assistance annually. Local governments are required to obtain an audit pursuant to the Federal Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507). These audits are performed in accordance with Generally Accepted Governmental Auditing Standards and are an assessment of internal controls over federal programs, a test of how those controls are working, and tests for compliance with Meeting Date: 01/21/2025 Page 3 Agenda Item # VI.D.1.
federal requirements. A Single Audit completed for the fiscal year 2023-24 was not required as the City did not expend $750,000 or more in federal awards.

SAS 115 provides guidance on communicating matters related to the City’s internal controls over financial reporting that have been identified in an audit of the financial statements. These statements require the auditors to consider and report on internal controls, significant audit findings, and other matters as prescribed in the standards as they relate to the audit of the financial statements. The letters that satisfy the SAS requirements are also included in the back of the ACFR document.

In accordance with the City of Lakeport and City of Lakeport Municipal Sewer District Reserve and Pension Policy, the Finance Department shall provide a comprehensive reserve fund status report, including five-year reserve fund balance projections, annually to the City Council along with the Comprehensive Annual Financial Report. The schedule below includes the audited General Fund reserve balances and five years of projected balances:

OPTIONS:

Receive and file the communication letter and ACFR for the fiscal year 2023-24 FISCAL IMPACT:
☒ None ☐ $ Budgeted Item? ☐Yes ☐ No
Budget Adjustment Needed? ☐Yes ☐ No If yes, amount of appropriation increase: $ Affected fund(s): ☐ General Fund ☐ Water OM Fund ☐ Sewer OM Fund ☐ Other:

Comments: None
Audited
June 30, 2024 2025 2026 2027 2028 2029
Nonspendable:

Long-term interfund advances $ 289,481 $ 289,481 $ 289,481 $ 289,481 $ 289,481 $ 289,481 Total nonspendable 289,481 289,481 289,481 289,481 289,481 289,481 Restricted:

Law enforcement 1,874 1,874 1,874 1,874 1,874 1,874
Debt service 22,588 22,588 22,588 22,588 22,588 22,588
Total restricted 24,462 24,462 24,462 24,462 24,462 24,462 Committed:

Operating reserve 990,465 1,050,389 1,037,558 1,080,457 1,123,675 1,168,622 Reserve for economic uncertainties 1,320,619 1,400,518 1,383,411 1,440,609 1,498,233 1,558,163 Vehicles and equipment 177,735 207,735 237,735 267,735 297,735 327,735 Road improvements 284,509 302,643 321,437 340,983 361,311 382,452 Pension and OPEB 1,068,337 1,111,070 1,155,513 1,201,734 1,249,803 1,299,795 Compensated absences 427,848 444,962 462,760 481,270 500,521 520,542 Total committed 4,269,513 4,517,317 4,598,414 4,812,788 5,031,278 5,257,309 Assigned:

Capital projects 2,000,000 1,500,000 1,500,000 1,000,000 500,000 - Total assigned 2,000,000 1,500,000 1,500,000 1,000,000 500,000 - Unassigned:

General fund 208,057 173,385 13,485 59,190 91,182 105,652 Total unassigned 208,057 173,385 13,485 59,190 91,182 105,652 Total fund balance $ 6,791,513 $ 6,504,645 $ 6,425,842 $ 6,185,921 $ 5,936,403 $ 5,676,904 Projected General Fund Balances for the Years Ended June 30, Meeting Date: 01/21/2025 Page 4 Agenda Item # VI.D.1.

Move to accept the ACFR for the fiscal year ended June 30, 2024. ☒ Attachments: 1. Lakeport ACFR, 2023-24:
https://www.cityoflakeport.com/Lakeport%20ACFR%202024.pdf

2. Auditor Communications Letter to Those Charged with Governance

CITY OF LAKEPORT

COMMUNICATION WITH THOSE CHARGED WITH GOVERNANCE AND

COMMUNICATION OF INTERNAL CONTROL RELATED MATTERS
JUNE 30, 2024
7080 Donlon Way, Suite 204, Dublin, CA 94568 ● phone (925) 556-6200 ● fax: (707) 232-6226 1102 South Main Street, #1, Fort Bragg, CA 95437 ● phone (707) 964-6325 www.jjacpa.com
December 23, 2024
City Council
City of Lakeport
Lakeport, California
We have audited the basic financial statements of the City of Lakeport (City) as of and for the year, ended June 30, 2024, and have issued our report thereon dated December 23, 2024. Professional standards require that we advise you of the following matters relating to our audit.

Our Responsibility in Relation to the Financial Statement Audit As communicated in our engagement letter dated August 15, 2024, our responsibility, as described by professional standards, is to form and express an opinion(s) about whether the financial statements that have been prepared by management with your oversight are presented fairly, in all material respects, in conformity with accounting principles generally accepted in the United States of America. Our audit of the financial statements does not relieve you or management of your respective responsibilities.

Our responsibility, as prescribed by professional standards, is to plan and perform our audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free of material misstatement. An audit of financial statements includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control over financial reporting. Accordingly, as part of our audit, we considered the internal control of the City solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control.

We are also responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in overseeing the financial reporting process.

However, we are no required to design procedures for the purpose of identifying other matters to communicate to you.

Planned Scope and Timing of the Audit
We conducted our audit consistent with the planned scope and timing we previously communicated to you.

Compliance with All Ethics Requirements Regarding Independence The engagement team, others in our firm, as appropriate, and our firm has complied with all relevant ethical requirements regarding independence.

Qualitative Aspects of the Entity’s Significant Accounting Practices Significant Accounting Policies
Management has the responsibility to select and use appropriate accounting policies. A summary of the significant accounting policies adopted by the City is included in Note 1 to the financial statements.

There have been no initial selection of accounting policies and no changes in significant accounting policies or their application during the year ended June 30, 2024. No matters have come to our attention that would require us, under professional standards, to inform you about (1) the methods used to account for significant unusual transactions and (2) the effect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus.

Significant Accounting Estimates
Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s current judgments. Those judgments are normally based on knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ markedly from management’s current judgments.

The most sensitive accounting estimates affecting the financial statements are useful lives of capital assets (“useful lives”) and pension plan liabilities.

Management’s estimate of the useful lives is based on experience with and observation of capital assets, by category (e.g. infrastructure) as well as industry standards, when applicable (i.e. buildings). Pension plan liabilities are valued based upon actuarial assumptions as developed by the City’s Plan provider.

These assumptions and estimates can result in material changes to liabilities and corresponding deferred inflows and outflows on a year to year basis. We evaluated the key factors and assumptions used to develop the useful lives and pension plan liabilities and determined that they are reasonable in relation to the basic financial statements taken as a whole according to industry standards.

Financial Statement Disclosures
Certain financial statement disclosures involve significant judgment and are particularly sensitive because of their significance to financial statement users. The most sensitive disclosures affecting the City’s financial statements relate to commitments and contingencies.

Significant Difficulties Encountered during the Audit
We encountered no significant difficulties in dealing with management relating to the performance of the audit.

Uncorrected and Corrected Misstatements
For purposes of this communication, professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that we believe are trivial, and communicate them to the appropriate level of management. Further, professional standards require us to also communicate the effect of uncorrected misstatements related to prior periods on the relevant classes of transactions, account balances or disclosures, and the financial statements as a whole and each applicable opinion unit. Management has corrected all identified misstatements.

In addition, professional standards require us to communicate to you all material, corrected misstatements that were brought to the attention of management as a result of our audit procedures. None of the misstatements identified by us as a result of our audit procedures and corrected by management were material, either individually or in the aggregate, to the financial statements taken as a whole or applicable opinion units.

Disagreements with Management
For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter, which could be significant to the City’s financial statements or the auditor’s report. No such disagreements arose during the course of the audit.

Representations Requested from Management
We have requested certain written representations from management, which are included in the attached letter dated December 23, 2024.

Management’s Consultations with Other Accountants
In some cases, management may decide to consult with other accountants about auditing and accounting matters. Management informed us that, and to our knowledge, there were no consultations with other accountants regarding auditing and accounting matters.

Other Significant Findings or Issues
In the normal course of our professional association with the City, we generally discuss a variety of matters, including the application of accounting principles and auditing standards, operating and regulatory conditions affecting the City, and operational plans and strategies that may affect the risks of material misstatement. None of the matters discussed resulted in a condition to our retention as the entity’s auditors.

Communication of Internal Control Related Matters
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.

This report is intended solely for the information and use of the City Council and management of the City and is not intended to be and should not be used by anyone other than these specified parties.

Very truly yours,
]ÉáxÑ{ ] TÜv{?VcT

JOSEPH J ARCH, CPA
President/CEO

JJACPA, INC

Meeting Date: 01/21/2025 Page 1 Agenda Item # VI.E.1.

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: City Council Meetings 101 MEETING DATE: 01/21/2025
SUBMITTED BY: Kevin M. Ingram, City Manager
PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

City Council is being asked to review City Council meeting proceedings to identify opportunities to:

1. Review elements and practices for the conducting of productive City Council meetings

2. Foster shared expectations and collaboration among Council Members.

3. Promote understanding and trust with the community.

4. Enhance public engagement and participation in City decision-making.

BACKGROUND/DISCUSSION:

The structure and proceedings of City Council meetings are fundamental to fostering trust, encouraging public participation, and promoting transparency. By examining each element of the meeting format, we can identify specific ways to:

1. Foster Shared Expectations and Collaboration: Encourage positive and professional Council Member interactions with shared expectations for communication, conduct and council culture, in order to promote a collaborative and productive working environment.

2. Encourage Public Participation: Make meetings accessible and engaging to foster greater involvement in the City’s decision-making process.

Below is an overview of key elements of City Council meetings, followed by opportunities for improvement in trust-building, engagement, and transparency.

1. Establishing and Posting the Agenda
Overview:

The agenda serves as a framework for conducting Council meetings and advancing Council Goals, the Financial Plan, Budget, work programs, and City objectives. It includes recommendations from advisory bodies, land use and zoning actions, procurement procedures, and mandates from other governments. Staff will adhere to Council policies and will only add items outside existing work programs with approval from the Mayor or City Manager, who ensures the Council is informed of essential City matters. The Brown Act requires that agendas be posted a minimum of 72 hours in advance for regular meetings. In practice, City of Lakeport City Council agendas are posted the Thursday prior to a regular meeting.

Opportunities:
• For Council Members:

Meeting Date: 01/21/2025 Page 2 Agenda Item # VI.E.1.
o City Council Members are encouraged to review agenda items thoroughly before meetings. o City Council members are encouraged to reach out to staff prior to the meeting for clarification, fostering a productive dialogue during meetings.
• For the Public:
o Members of the public are encouraged to sign up to receive agenda notifications through the City’s website or sign-up with the City Clerk to receive email notification of agenda availability. o Members of the public are encouraged to submit written comments early to ensure Council Members have time to review public input.

2. Meeting Opening
Overview:

The opening of a meeting, including the call to order, roll call, and pledge, sets the tone. While procedural, it establishes the official record and transitions the meeting to Council business. The City Council should keep in mind that the formality used in City Council proceedings can be unfamiliar and intimidating to the general public.

Opportunities:
• Consider the development of a welcoming message to set a positive and inclusive tone. • Communicate instructions for Zoom participants to encourage virtual engagement. • Highlight how the public can participate throughout the meeting, reinforcing that their presence is valued.

3. Consent Agenda
Overview:

The Consent Agenda is generally one of the first items on the Council agenda and is provided to expedite the meeting; therefore, only items that are considered to be of a routine and non-controversial 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 minor, clarifying 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 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 immediately following the vote on 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 during the public comment period for the Consent Agenda. d) Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time.

Opportunities:
• Clearly explain the purpose and process of the Consent Agenda to the public. • Allow public questions or clarifications on Consent Agenda items without requiring a formal pull, promoting transparency.

4. Public Comment
Meeting Date: 01/21/2025 Page 3 Agenda Item # VI.E.1.

Overview:

Public Comment provides individuals an opportunity to address the Council on items not on the agenda.

Members of the public may address the City Council in writing or in person. While no formal action or prolonged discussion can be taken on these items, it allows the public to share concerns or suggestions.

Individuals desiring to speak:
a) Are encouraged to 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. b) Shall address the Council from the podium. Speakers shall direct their comments to the Council, not the audience.
c) Should 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.

Opportunities:
• Provide a brief explanation of the purpose and limitations of Public Comment to educate attendees. • Encourage civility by modeling respectful listening and avoiding debate during emotionally charged comments.
• Clarify the difference between general Public Comment and comments on agenda items, ensuring attendees understand they will have an opportunity to speak on listed agenda items later in the meeting.
• If a large number of individuals wish to speak, the Mayor should strictly enforce a uniform time limit for individual speakers to ensure fairness and consistency for all participants.

5. Presentations and Proclamations
Overview:

Presentations and proclamations are opportunities for the Council to receive information, recognize achievements, and share updates. These are generally one-way communications without action.

Opportunities:
• Use presentations as a tool for public education, ensuring the information benefits both the Council and attendees.
• Consider posting presentation materials online before or after the meeting to extend their reach. • If additional action is identified following a presentation, the City Council should instruct City staff to include the item on a future agenda.

6. Council Business
Overview:

A "City Council Business Item" is a specific topic or issue listed on the agenda for discussion and potential action by the City Council including noticed public hearings. These items may include proposed ordinances, zoning changes, budget decisions, contract approvals, or other matters requiring formal decisions from the governing body.

The typical order of business begins with City staff presenting the agenda item, followed by clarifying questions from the City Council. The Mayor then opens the floor for public comment. The taking of public comment during a Council Business Item follows the same process of that of public comment on non-agendized items, excepting that comments should be limited to the agendized matter before the Council. Comments from the public shall Meeting Date: 01/21/2025 Page 4 Agenda Item # VI.E.1.
be addressed to the Presiding Officer or Council and not the audience or staff. Upon closure of public comment, 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.

After public comment concludes, the matter is brought back to the Council for deliberation and action. City Council discussion norms to consider:
• A member of the City Council or staff shall first address the Presiding Officer and gain recognition. • Cross-exchange between Council Members and public should be avoided. • Once recognized, a Council Member shall not be interrupted while speaking, except to make a point of order or personal privilege.
• 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.

Opportunities:
• Council members are reminded to limit initial questions following staff presentation to clarifications, avoiding discussion until after public input.
• Maintain a professional tone among Council Members to set an example for respectful public discourse. • Invite applicants or stakeholders to present their perspectives early in the discussion. • Use transparent decision-making to build trust and community engagement by explaining the rationale behind votes.
• Refer to specific strategies outlined in Attachment 2, “Tips for Promoting Civility in Public Meetings” in dealing with emotionally charged and controversial proceedings. • Importance of Council Discussion and Deliberation
o The City Council should place significant value on their discussion and deliberation period. Due to the limitations imposed by the Brown Act, this is the only time the entire Council can engage in a full discussion involving all members. It is a critical opportunity to thoroughly evaluate all public policy options related to a matter.
o Additionally, it is essential for the public to see that the City Council carefully reviews all materials and considers public comments before reaching a final decision. This transparency fosters trust and demonstrates a commitment to thoughtful decision-making. o The City Council always has the option to continue a matter in order to consider newly presented information more carefully, or to obtain additional information from City staff.

7. Council Communications
Overview:

This time is designated for staff and Council to provide updates or share information on matters of general interest that fall under the City Council's purview. Examples of appropriate communications include updates from outside agencies, feedback or inquiries from individuals or the public, and requests to place items on future agendas. This period is not intended for discussing or deciding action items.

Opportunities:
• Be Concise and Relevant: Focus on sharing updates or information that is pertinent to City Council’s purview and aligns with the meeting’s purpose.
• Prepare in Advance: Take time to organize your thoughts and gather any necessary information before the meeting to ensure clarity and effectiveness.
• Highlight Community Feedback: Use this time to share concerns, comments, or ideas received from residents to demonstrate responsiveness and engagement. • Promote Future Engagement: Encourage public involvement by highlighting upcoming events, public hearings, or other opportunities for participation.

Meeting Date: 01/21/2025 Page 5 Agenda Item # VI.E.1.

Potential Pitfalls to Avoid:
• Drifting Off-Topic: Avoid discussing matters unrelated to the City’s business or outside the Council’s jurisdiction, as this can lead to confusion or inefficiency. • Overloading with Details: Sharing excessive information can be counter-productive to effective communication. Focus on key points.
• Turning Communications into Debates: Keep communications informational rather than argumentative, reserving debates for agenda items.
• Neglecting Public Perception: Avoid statements that could be viewed as dismissing public comments or feedback, as this can undermine community trust and engagement. • Using the Time for Decision-Making: Remember, the communication period is not intended for action items, prolonged discussion, or making formal decisions.

8. Adjournment
Overview:

Adjournment formally concludes the meeting, providing an opportunity to thank attendees for their participation.

Opportunities:
• Consider ending meetings with a brief message of appreciation for the public’s input and attendance. • Reinforce the City’s commitment to transparency and collaboration.

9. Adding Items to the Agenda
Overview
The process for adding items to the City Council agenda ensures that topics are properly vetted and align with the Council’s policies and work programs. This approach supports organized decision-making and compliance with the Brown Act’s requirements. Below is a summary of the ways items can be added to the agenda.

Methods for Adding Agenda Items

1. By the Mayor: The Mayor has the authority to directly place items on the agenda, either through their own discretion or in response to requests made by Council Members or the public.

2. By the City Manager: The City Manager, as the chief administrative officer, may propose agenda items that align with the City’s work programs, operational needs, or legal requirements. Items outside existing work programs must be approved by the Mayor or City Council.

3. By a Majority of the Council:
o Public Comment or Council Communications: If a topic is raised during public comment or Council communications, a majority of the Council may agree to place the issue on a future agenda.
o During Discussion of Other Agenda Items: If a related matter arises during the discussion of a current agenda item, the Council may decide by majority vote to include the topic on a subsequent agenda.

Further Action Options to Consider:

Based on the opportunities discussed in each element of the Council meeting outlined above, several further actions can be considered to achieve the stated objectives of fostering shared expectations and collaboration among Council Members, promoting understanding and trust within the community, and increasing public participation. These actions aim to enhance the overall structure, and transparency of City Council meetings while creating a more welcoming and engaging environment for all stakeholders. Some potential options to consider include, but are not limited to:

Meeting Date: 01/21/2025 Page 6 Agenda Item # VI.E.1.

1. Adopt a Written Guide of Council Culture and Norms. Establishes guidelines for professionalism and highlights to Council’s values and objectives regarding community involvement.

2. Create a Public Guide: Develop a “Citizen’s Guide to Council Meetings” to explain procedures and encourage participation.

3. Incorporate Sample Scripts: Use consistent language at key points to clarify processes for attendees.

OPTIONS:

1. Provide additional guidance to City staff.

2. Provide alternative direction to staff.

FISCAL IMPACT:

None $0 Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $ Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Comments: Not applicable.

None
Attachments: 1. City of Lakeport Council Policies and Procedures Manual (May 2011)

2. Institute for Local Government “Tips for Promoting Civility in Public Meetings” (December 2011)

3. League of California Cities “Open & Public VI: A Guide to the Ralph M. Brown Act” (January 2024)

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 INTENT .......................................................................................................................................2

2.4.2 GUIDELINES FOR COUNCIL MEMBERS.......................................................................................2

2.4.3 DIRECTION TO STAFF .................................................................................................................2

2.4.4 GUIDELINES FOR STAFF..............................................................................................................3

2.4.5 ACCESS TO INFORMATION.........................................................................................................4

2.4.6 STAFF ROLES ..............................................................................................................................4 3 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 INCOMPATIBLE OFFICES ............................................................................................................7

3.7.3 APPOINTMENT OR SPECIAL ELECTION.......................................................................................7

3.7.4 DISCLOSURE OF APPOINTMENT ................................................................................................7

3.7.5 ADVERTISE FOR APPLICANTS .....................................................................................................7

3.7.6 QUALIFICATIONS........................................................................................................................7

3.7.7 PUBLIC MEETING........................................................................................................................8 4 MEETING GUIDELINES AND PROCEDURES .........................................................................................................8

4.1 MEETING SCHEDULE ..................................................................................................................................8

4.1.1 MEETINGS OF COUNCIL .............................................................................................................8

4.1.2 QUORUM ...................................................................................................................................8

4.1.3 REGULAR MEETINGS..................................................................................................................8

4.1.4 COUNCIL WORKSHOPS (Open to the Public).............................................................................9

4.1.5 SPECIAL MEETINGS ....................................................................................................................9

4.1.6 EMERGENCY MEETINGS.............................................................................................................9

4.1.7 TIPS ON THE DAIS.......................................................................................................................9

4.1.8 USE OF COUNCIL CHAMBERS.....................................................................................................9

4.2 AGENDA................................................................................................................................................... 10

4.2.1 ESTABLISHING THE COUNCIL AGENDA ................................................................................... 10

4.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)..................................................... 10

4.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)...................................................... 10

4.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)................................................................. 10

4.2.5 EMERGENCY ITEMS................................................................................................................. 11

4.2.6 RECONSIDERATION................................................................................................................. 11

4.2.7 ORDER OF BUSINESS:.............................................................................................................. 11

4.2.8 AGENDA PACKET..................................................................................................................... 11

4.2.9 NOTIFICATION AND ADVERTISING.......................................................................................... 11

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

4.3.1 PRESIDING OFFICER ................................................................................................................ 12

4.3.2 SIGNING OF CITY DOCUMENTS............................................................................................... 12

4.3.3 DISCUSSION RULES ................................................................................................................. 12

4.3.4 MINUTES OF COUNCIL MEETINGS .......................................................................................... 13

4.3.5 PARLIAMENTARY PROCEDURE................................................................................................ 13

4.3.6 VOTING PROCEDURES............................................................................................................. 14

4.3.7 PUBLIC COMMENT (Written and Oral) ................................................................................... 14

4.3.8 CONSENT AGENDA.................................................................................................................. 15

4.3.9 COUNCIL COMMUNICATIONS................................................................................................. 16

4.3.10 CLOSED SESSION ITEMS (Closed to the Public)....................................................................... 16 5 THE BROWN ACT ............................................................................................................................................. 16

5.1 APPLICABILITY AND PENALTIES............................................................................................................... 16 6 ADVISORY BODY PROCEDURES ....................................................................................................................... 17

6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS ...................................................................................... 17

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 PAGE 1

CITY OF LAKEPORT

CITY COUNCIL POLICIES AND PROCEDURES
1 INTRODUCTION AND OVERVIEW

1.1 INTRODUCTION
The Mayor and City Council members are to work together for the common good of the citizens.

Representing the public interest while maintaining integrity, professionalism, and ethical conduct 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)
2 INTERACTION AND COMMUNICATION WITH CITY STAFF/OFFICIALS

2.1 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.

CITY OF LAKEPORT CITY COUNCIL POLICIES AND PROCEDURES PAGE 2

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 CITY OF LAKEPORT CITY COUNCIL POLICIES AND PROCEDURES PAGE 3 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.

CITY OF LAKEPORT CITY COUNCIL POLICIES AND PROCEDURES PAGE 4

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.
3 COUNCIL POWERS AND APPOINTMENTS

3.1 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 CITY OF LAKEPORT CITY COUNCIL POLICIES AND PROCEDURES PAGE 5 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.

CITY OF LAKEPORT CITY COUNCIL POLICIES AND PROCEDURES PAGE 6

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
CITY OF LAKEPORT CITY COUNCIL POLICIES AND PROCEDURES PAGE 7 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) Commitment to a hospital or sanitarium as a “drug addict, dipsomaniac, inebriate, or stimulant addict”
j) Resignation

3.7.2 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 CITY OF LAKEPORT CITY COUNCIL POLICIES AND PROCEDURES PAGE 8

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 MEETING GUIDELINES AND PROCEDURES

4.1 MEETING SCHEDULE

4.1.1 MEETINGS OF COUNCIL
The Council shall provide by ordinance the time and place of holding meetings and the 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.

CITY OF LAKEPORT CITY COUNCIL POLICIES AND PROCEDURES PAGE 9 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:

CITY OF LAKEPORT CITY COUNCIL POLICIES AND PROCEDURES PAGE 10 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.

CITY OF LAKEPORT CITY COUNCIL POLICIES AND PROCEDURES PAGE 11

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) CLMSD Items
j) Business Items
k) Council Communications
l) Closed Session

4.2.8 AGENDA PACKET
All written communications to be submitted to the City Council for inclusion in the 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 CITY OF LAKEPORT CITY COUNCIL POLICIES AND PROCEDURES PAGE 12 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.

CITY OF LAKEPORT CITY COUNCIL POLICIES AND PROCEDURES PAGE 13 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
CITY OF LAKEPORT CITY COUNCIL POLICIES AND PROCEDURES PAGE 14 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) The ayes and noes shall be taken upon the passage of all ordinances and resolutions. j) Following the vote, the Mayor shall announce whether the questions have been 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) 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.

4.3.7 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 CITY OF LAKEPORT CITY COUNCIL POLICIES AND PROCEDURES PAGE 15 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 CITY OF LAKEPORT CITY COUNCIL POLICIES AND PROCEDURES PAGE 16 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 THE BROWN ACT

5.1 APPLICABILITY AND PENALTIES
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.

CITY OF LAKEPORT CITY COUNCIL POLICIES AND PROCEDURES PAGE 17 6 ADVISORY BODY PROCEDURES

6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS
City Council Members shall not be appointed to advisory bodies to the Council.

6.2 COUNTY OR REGIONAL REPRESENTATION
Annually, the Mayor shall make appointments to a variety of County and/or regional committees 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.

LOCAL GOVERNMENT 101
1400 K Street, Suite 205 • Sacramento, CA 95814 • 916.658.8208 • www.ca-ilg.org Tips for Promoting Civility in Public Meetings
www.ca-ilg.org/OrientationMaterials
December 2011
What is Civility?
In the context of democratic debate, civility is about
how people treat each other. Civility involves the
display of respect for those who have positions with
which one disagrees.

Even though disagreement plays a necessary role in
governance and politics, the issue is how one expresses that disagreement. The key is to focus on the strengths and weakness of proposed solutions to community
problems—not to engage in personal attacks against
those who favor different solutions.1
An even more
powerful leadership strategy is to listen for the
concerns and values that underlie people’s diverse
perspectives to try to identify points of agreement and common ground.

Specific Strategies
• Embrace Diverse Points of View. Local
officials are grappling with difficult policy
challenges. Bringing as many perspectives on what might be the best solution to a given problem increases the likelihood that the solution will indeed be successful and enduring.

A goal is to create a culture of tolerance for differing points of view that credits everyone with having the best interests of the community in mind. • Everyone Gets a Chance to Share Their Views. Voltaire said "I may not agree with what you say, but I will fight to the death for your right to say it." Everyone’s right to have their view heard is a central democratic value. Conversely, a strategy that relies on drowning other perspectives out usually results in a turning up of the volume and corresponding decreases in civility in discussions.

Related Resources
This tip sheet is a distillation and
update of the Institute for Local
Government’s 2003 whitepaper called
Promoting Civility at Public Meetings:

Concepts and Practice, available at
www.ca-ilg.org/civility.

Additional resources from the Institute
include
• Dealing with Emotions at
Public Hearings, available at
www.cailg.org/respondingtoconflict
and
• A Leader’s Role When Tragedy
Strikes, available at www.cailg.org/tragedy
Tips for Promoting Civility in Public Meetings December 2011 Institute for Local Government www.ca-ilg.org 2
• With Rights Come Responsibilities. For there to be time for everyone to weigh in on an issue, there may need to be reasonable time limits on how long individuals speak. The goal is to create a culture in which as many people as possible (including decisionmakers) are respectful of other people’s time in attending and participating in the meeting.
• Avoid Debates and Interruptions. Interruptions should be discouraged so that individuals have the opportunity to
complete their thoughts. A good practice
for everyone participating in the
conversation is to make a note of a question
or different point of view that occurs to you
when someone is speaking and then
address that issue when it is one’s turn to
speak. This is an especially important
approach for decision-makers to model.
• Reduce Uncertainty. Assuring people
they will be allowed to share their views
and how can reduce concerns that they will
not be allowed to be heard. Explaining the
process to be used to allow all views to be
heard at the outset of a meeting or
discussion item can reduce tension levels.
• The Importance of Listening. Listening
is an important sign of respect, as is giving
others the opportunity to listen. Decisionmakers’ active interest in what people are saying is vital. Repeating back core points
that a speaker makes reassures the speaker
that their message has indeed been heard—
even if one does not necessarily agree with
it. The mood turns ugly if the public thinks
the matter has already been decided,
decision-makers don’t care about public
input, or decision-makers are being impolite or disrespectful of the public they serve.

Everyone attending a meeting should respect other attendees’ right to both listen and be heard. One person should talk at a time, any private conversations should be taken outside or deferred, and smart phones should be turned off (texting and emailing should not occur during the meeting).
• Be Compassionate About the Fear Factor/ Heckling and Applause Not Allowed.

Polls suggest many people fear public speaking.2 This fear can come from concerns about Agenda Guidance
Some local agencies include language to
the following effect on their agendas:

Free expression of all points of view is
an important democratic value in this
community.

To allow all persons to speak who may
wish to do so, each speaker is allowed
a maximum of __ minutes. An
effective approach is to lead with your
key point or concern and then explain
the reasons underlying it.

If others have already expressed your
views, you may simply indicate that
you agree with the previous speaker.

If appropriate, a spokesperson may
present the views of a group.

To encourage and respect expression
of all views, meeting rules prohibit
clapping, booing or shouts of approval
or disagreement from the audience.

Tips for Promoting Civility in Public Meetings December 2011 Institute for Local Government www.ca-ilg.org 3
being judged negatively or having ideas that people will ridicule or reject. Allowing cheering and booing or other forms of heckling discourages people from sharing their views (even silence or no applause can be perceived as rejection). It also runs the risk that those that do speak will focus more on getting applause than moving the conversation towards addressing difficult
issues. (Eye-rolling and grimacing can be
non-verbal forms of heckling and also have
no place in communities that value mutual
respect.)
• Separate People from The Problem.

Personal attacks or questioning people’s
motives or character rarely moves the
conversation forward to a solution of a
problem. In the book about effective
negotiating called Getting to Yes,
3 the
authors encourage negotiators to attack the
problem, not the people involved in the
problem. Anything that approaches namecalling should be off limits. • Consider Using Titles. Referring to each
other by title and last name (Supervisor
Hassan, Council Member Lee, Board
Member Aviña) can serve as a way of
showing respect that an individual has been
elected and is participating in the
conversation in that capacity. Using
similar forms of respect for members of the
public (Mr., Ms, Sir, Madam) when
speaking can also reinforce the notion that
everyone is engaged in a special kind of
discussion. Community norms vary,
however, and in some communities this
may be perceived as an affectation.
• Take a Break. If conversations get heated,
consider taking a break. As one veteran
observer of public meetings noted “time
can be an anti-inflammatory agent” that can
give people a chance to calm down and
restore order.4
A Note on Civility and Staff
Staff plays a critical role in providing
service to the agency and the public the
agency serves. An agency’s ability to
attract and retain capable and motivated
staff is an important determinant of how
satisfied the public is likely to be with
the agency’s performance and that of its
elected officials.

An old management saw counsels those
with oversight responsibilities to praise
in public and criticize in private. That
advice is sound for those in public
service.

If an elected official has concerns about
a staff member’s performance or
actions, a good practice is to make the
top administrative official of the agency
aware of those concerns.

Similarly, if a member of the public
raises concerns about the performance
of a public agency employee, refer it to
management with a request for follow
up.

If the communication is more in the
nature of a personal attack, try to
identify the underlying concern and
respond to that. Encouraging the person
to focus on the issue and avoid personal
attacks. Separating people from the
problem can be just as valuable a
strategy when it comes to staff.

Tips for Promoting Civility in Public Meetings December 2011 Institute for Local Government www.ca-ilg.org 4
Parliamentary Procedure and Civility
Rules of parliamentary procedure are another tool to encourage civility and decorum at meetings.

The most famous source of parliamentary procedure is Robert’s Rules of Order. A good starting point is www.robertsrules.com/ (the “survival tips” page is especially helpful).

A former mayor and county supervisor (and now judge) has created a simplified version for use at the local level. Called “Rosenberg’s Rules,” the text and an explanatory video are accessible from the Institute’s website at www.ca-ilg.org/rosenbergsrules.

The following is an excerpt from Rosenberg’s Rules on about courtesy and decorum:

The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the Chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the Chair before proceeding to speak.

The Chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body.

Debate on policy is healthy, debate on personalities is not. The Chair has the right to cut off discussion that is too personal, is too loud, or is too crude.

Debate and discussion should be focused, but free and open. In the interest of time, the Chair may, however, limit the time allotted to speakers, including members of the body.

Can a member of the body interrupt the speaker? The general rule is “no.” There are, however, exceptions. . . .

Note that the chair may have greater latitude in enforcing decorum among decision-makers than between the public and decision-makers.
• Ejection a Last Resort. If a recess does not work to restore order and other techniques are not successful, calling in the sergeant of arms is a last resort. A good practice is to create a record that disruptor was given ample warnings and opportunity to leave or reform their behavior voluntarily. If selective removal of one or more disruptors does not restore order, state law does allow clearing the room with the media allowed to remain5 (as an even more last resort).

Tips for Promoting Civility in Public Meetings December 2011 Institute for Local Government www.ca-ilg.org 5
• Walk the Talk. For civility to be a regular part of community discourse, community leaders must set the standard. Scholars are concerned—and the data seems to demonstrate—that public officials’ incivility to one another contributes to voter alienation and antipathy toward public officials and public agencies.6 A good approach is to treat people how you would like to be treated. This includes a) limiting one’s statements in discussions to those that move the conversation forward, b) keeping one’s remarks brief, to the point and non-repetitive of comments others have made (other than to note one’s agreement), c) avoiding personal attacks (in public and private) and d) otherwise adhering to the strategies described above.

Conclusion
How a community conducts its public meetings is a reflection of the community and its values.

As Dr. Martin Luther King’s observed:

In a neighborhood dispute there may be stunts, rough words, and even hot insults; but when a whole people speaks to its government, the dialogue and the action must be on a level reflecting the worth of that people and the responsibility of that government.7 Dr. King’s admonition to his listeners to set their standards of discourse high--irrespective of how others behave--is consistent with the quote from Gandhi to his followers that “you must be the change you wish to see in the world.”
G:\INSTITUTE\Gov 101\Civility Tipsheet\Tips for Promoting Civility in Public Meetings.docx About This Resource
This resource is a service of the Institute for Local Government (ILG) whose mission is to promote good government at the local level with practical, impartial, and easy-to-use resources for California communities. ILG is the nonprofit 501(c)(3) research and education affiliate of the League of California Cities and the California State Association of Counties. For more information and to access the Institute’s resources on Local Government 101, go to www.ca-ilg.org/localgovt101. *The Institute welcomes feedback and suggestions on enhancing this resource:
• Email: [email protected] Subject: Tips for Promoting Civility in Public Meetings • Mail: 1400 K Street, Suite 205 ▪ Sacramento, CA ▪ 95814 Tips for Promoting Civility in Public Meetings December 2011 Institute for Local Government www.ca-ilg.org 6
Sample Codes of Civility
Drafting Note: A threshold issue is whether an agency’s code will be positive or negative. In other words, will the code describe conduct that is prohibited or describe the kind of conduct it desires to be the norm. Describing the kind of conduct that is preferred has the advantage of being more instructive in setting the goal and encouraging people to meet that goal.

Commitment to Civil Behavior
To maintain a cohesive, productive working environment, the members of the San Diego County Water Authority Board of Directors commit to:

1. Support the Authority’s mission.

2. Bring Authority related concerns, issues, and conflicts to the Authority Board for discussion.

3. Offer alternative solution(s) when addressing a problem or issue.

4. Show respect to each other as appointed representatives of their member agencies.

5. Promote civility during Board meetings and tolerate nothing less.

6. Maintain the confidentiality of material discussed during closed Board meeting sessions.

Similarly, not to disclose the content or substance of confidential or privileged communications relating to Authority business.

7. Limit the length of comments during Board meetings to three minutes per Director per item and not repeat points that already have been stated by other Directors.

Pledge of Civility

1. The manner in which we govern ourselves is often as important as the positions we take.

2. The organization’s collective decisions will be better—and truer to our mission— when differing views have had the opportunity to be fully vetted and considered.

3. All those who appear before the organization’s board and committees have the right to be treated with respect, courtesy, and openness. We value all input.

Accordingly, we commit to conduct ourselves at all times with civility and courtesy, to both those with whom the Board interacts and to each other. We also pledge to endeavor to correct ourselves, should our conduct fall below this standard.8 Tips for Promoting Civility in Public Meetings December 2011 Institute for Local Government www.ca-ilg.org 7
Resources and References
1 Burgess, Guy and Heidi, The Meaning of Civility , Conflict Research Consortium at www.colorado.edu/conflict/civility.htm. 2 http://www.gallup.com/poll/1891/Snakes-Top-List-Americans-Fears.aspx (fear of public speaking ranks second to fear of snakes).
3 Fisher, Roger and Ury, William L., Getting to Yes: Negotiating Agreement Without Giving In (1991). 4 See Vermont Institute for Government, Born to Chair: An Introduction to the Science and Art of Chairing a Board Meeting (1998), available at http://www.sec.state.vt.us/municipal/pubs/chair.pdf and http://crs.uvm.edu/citizens/chair.pdf., page 3.
5 See Cal. Gov’t Code § 54957.9, which provides:

In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. 6 Carter, Stephen L., Civility: Manners, Morals and the Etiquette of Democracy (1998) at 9. 7 From the March on Washington for Jobs, Peace and Freedom, 1963. 8 Adapted from the Pledge of Civility adopted by the California Public Employee Retirement System Board.

Open & Public VI
A GUIDE TO THE RALPH M. BROWN ACT
REVISED JANUARY 2024
Photo credit: Courtesy of the City of West
Hollywood. Photo by Jon Viscott.
ii OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT

ACKNOWLEDGEMENTS

ACKNOWLEDGMENTS
Cal Cities thanks the following individuals for their work on this publication:

Brown Act Committee
Tracy M. Noonan, Committee Chair
City Attorney, Thousand Oaks
Amy Ackerman
Town Attorney, Corte Madera; Renne Public Law Group
Sheri Damon
City Attorney, Seaside
Christopher Diaz
City Attorney, Colma and Hillsborough
Best Best & Krieger LLP
Megan J. Marevich
Assistant City Attorney, Mountain View
Javan N. Rad
Chief Assistant City Attorney, Pasadena
Prasanna W. Rasiah
City Attorney, San Mateo
Sujata Reuter
Chief Assistant City Attorney, Santa Clara
Robert Schultz
Attorney
Frank A. Splendorio
City Attorney, Atwater and Plymouth
Best Best & Krieger LLP
Osa Wolff
City Attorney, Orinda
Shute, Mihaly & Weinberger LLP
Cal Cities Staff
Sheri Chapman, General Counsel
Alison Leary, Senior Deputy General Counsel
Janet Leonard, Executive Assistant, Legal Services
OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 1
REVISED JANUARY 2024
Open & Public VI
A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS.................................................5 CHAPTER 2: LEGISLATIVE BODIES............................................................11 CHAPTER 3: MEETINGS............................................................................17 CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION ..............29 CHAPTER 5: CLOSED SESSIONS ...............................................................41 CHAPTER 6: REMEDIES ............................................................................55 2 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT

TABLE OF CONTENTS

TABLE OF CONTENTS
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS............................................... 5 The right of access ...................................................................................................................6 Broad coverage ........................................................................................................................6 Narrow exemptions .................................................................................................................7 Public participation in meetings ..............................................................................................7 Controversy..............................................................................................................................8 Beyond the law — good business practices............................................................................8 Achieving balance ....................................................................................................................9 Historical note ..........................................................................................................................9 CHAPTER 2: LEGISLATIVE BODIES ........................................................... 11 What is a “legislative body” of a local agency? .....................................................................12 What is not a “legislative body” for purposes of the Brown Act? .........................................14 CHAPTER 3: MEETINGS ...........................................................................17 Brown Act meetings...............................................................................................................18 Six exceptions to the meeting definition...............................................................................18 Collective briefings.................................................................................................................21 Retreats, trainings, and workshops of legislative bodies.......................................................21 Serial meetings.......................................................................................................................22 Informal gatherings ................................................................................................................24 Technological conferencing ...................................................................................................25 Location of meetings..............................................................................................................26 CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION.............. 29 Agendas for regular meetings................................................................................................30 Mailed agenda upon written request.....................................................................................31 Notice requirements for special meetings ............................................................................32 Notices and agendas for adjourned and continued meetings and hearings ........................32 Notice requirements for emergency meetings .....................................................................33 Notice of compensation for simultaneous or serial meetings ..............................................33 Educational agency meetings ................................................................................................33 Notice requirements for tax or assessment meetings and hearings....................................33 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 3
Non-agenda items..................................................................................................................34 Responding to the public .......................................................................................................35 The right to attend and observe meetings ............................................................................36 Records and recordings .........................................................................................................37 The public’s right to speak during a meeting ........................................................................38 CHAPTER 5: CLOSED SESSIONS ..............................................................41 Agendas and reports..............................................................................................................42 Litigation.................................................................................................................................43 Real estate negotiations ........................................................................................................45 Public employment ................................................................................................................46 Labor negotiations .................................................................................................................47 Labor negotiations — school and community college districts ............................................48 Other Education Code exceptions .........................................................................................48 Joint powers authorities.........................................................................................................48 License applicants with criminal records ..............................................................................49 Public security........................................................................................................................49 Multijurisdictional law enforcement agency .........................................................................49 Hospital peer review and trade secrets.................................................................................49 Other legislative bases for closed session.............................................................................50 Who may attend closed sessions ..........................................................................................50 The confidentiality of closed session discussions .................................................................51 CHAPTER 6: REMEDIES .......................................................................... 55 Invalidation of action taken....................................................................................................56 Declaratory relief to determine whether past action violated the act..................................57 Civil action to prevent future violations.................................................................................57 Costs and attorney’s fees ......................................................................................................58 Misdemeanor penalties..........................................................................................................58 Voluntary resolution...............................................................................................................59 4 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 5 5 Chapter 1
IT IS THE PEOPLE’S BUSINESS
The right of access.............................................................................................................. 6 Broad coverage ................................................................................................................... 6 Narrow exemptions ............................................................................................................ 7 Public participation in meetings ......................................................................................... 7 Controversy......................................................................................................................... 8 Beyond the law — good business practices ...................................................................... 8 Achieving balance............................................................................................................... 9 Historical note..................................................................................................................... 9 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
6 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS
The right of access
Two key parts of the Brown Act have not changed since its adoption in 1953. One is the act’s initial section, declaring the Legislature’s intent:
“In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.
“The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.”1
The people reconfirmed that intent 50 years later in the November 2004 election by adopting Proposition 59, amending the California Constitution to include a public right of access to government information:
“The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.”2 The Brown Act’s other unchanged provision is a single sentence:
“All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.”3 That one sentence is by far the most important of the entire Brown Act. If the opening is the soul, that sentence is the heart of the Brown Act.

Broad coverage
The Brown Act covers members of virtually every type of local government body, elected or appointed, decision-making or advisory. Some types of private organizations are covered, as are newly elected members of a legislative body, even before they take office.

Similarly, meetings subject to the Brown Act are not limited to face-to-face gatherings. They also include any communication medium or device through which a majority of a legislative body discusses, deliberates, or takes action on an item of business outside of a noticed meeting. They include meetings held from remote locations by teleconference or videoconference.

Chapter 1
IT IS THE PEOPLE’S BUSINESS
PRACTICE TIP: The key to the
Brown Act is a single sentence.

In summary, all meetings shall
be open and public except
when the Brown Act authorizes
otherwise.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 7
New communication technologies present new Brown Act challenges. For example, common email practices of forwarding or replying to messages can easily lead to a serial meeting prohibited by the Brown Act, as can participation by members of a legislative body in an internet chatroom or blog dialogue. Social Media posts, comments, and “likes” can result in a Brown Act violation.

Communicating during meetings using electronic technology (such as laptop computers, tablets, or smart phones) may create the perception that private communications are influencing the outcome of decisions, and some state legislatures have banned the practice. On the other hand, widespread video streaming and videoconferencing of meetings has greatly expanded public access to the decision-making process.

Narrow exemptions
The express purpose of the Brown Act is to ensure that local government agencies conduct the public’s business openly and publicly. Courts and the California Attorney General usually broadly construe the Brown Act in favor of greater public access and narrowly construe exemptions to its general rules.4
Generally, public officials should think of themselves as living in glass houses, and that they may only draw the curtains when it is in the public interest to preserve confidentiality. Closed sessions may be held only as specifically authorized by the provisions of the Brown Act itself.

The Brown Act, however, is limited to meetings among a majority of the members of multimember government bodies when the subject relates to local agency business. It does not apply to independent conduct of individual decision-makers. It does not apply to social, ceremonial, educational, and other gatherings as long as a majority of the members of a body do not discuss issues related to their local agency’s business. Meetings of temporary advisory committees — as distinguished from standing committees — made up solely of less than a quorum of a legislative body are not subject to the Brown Act.

The law does not apply to local agency staff or employees, but they may facilitate a violation by acting as a conduit for discussion, deliberation, or action by the legislative body. 5 The law, on the one hand, recognizes the need of individual local officials to meet and discuss matters with their constituents and staff. On the other hand, it requires — with certain specific exceptions to protect the community and preserve individual rights — that the decision-making process be public. Sometimes the boundary between the two is not easy to draw.

Public participation in meetings
In addition to requiring the public’s business to be conducted in open, noticed meetings, the Brown Act also extends to the public the right to participate in meetings. Individuals, lobbyists, and members of the news media possess the right to attend, record, broadcast, and participate in public meetings. The public’s participation is further enhanced by the Brown Act’s requirement that a meaningful agenda be posted in advance of meetings, by limiting discussion and action to matters listed on the agenda, and by requiring that meeting materials be made available.

Legislative bodies may, however, adopt reasonable regulations on public testimony and the conduct of public meetings, including measures to address disruptive conduct and limits on the time allotted to each speaker. For more information, see chapter 4.

PRACTICE TIP: Think of the
government’s house as being
made of glass. The curtains may
be drawn only to further the
public’s interest. A local policy
on the use of laptop computers,
tablets, and smart phones during
Brown Act meetings may help
avoid problems.
8 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS
Controversy
Not surprisingly, the Brown Act has been a source of confusion and controversy since its inception.

News media and government watchdogs often argue the law is toothless, pointing out that there has never been a single criminal conviction for a violation. They often suspect that closed sessions are being misused.

Some public officials complain that the Brown Act makes it difficult to respond to constituents and requires public discussions of items better discussed privately, such as why a particular person should not be appointed to a board or commission. Many elected officials find the Brown Act inconsistent with their private business experiences. Closed meetings can be more efficient; they eliminate grandstanding and promote candor. The techniques that serve well in business — the working lunch, the sharing of information through a series of phone calls or emails, the backroom conversations and compromises — are often not possible under the Brown Act.

As a matter of public policy, California (along with many other states) has concluded that there is more to be gained than lost by conducting public business in the open. Government behind closed doors may well be efficient and businesslike, but it may be perceived as unresponsive and untrustworthy.

Beyond the law — good business practices
Violations of the Brown Act can lead to invalidation of an agency’s action, payment of a challenger’s attorney fees, public embarrassment, even criminal prosecution. But the Brown Act is a floor, not a ceiling, for conduct of public officials. This guide is focused not only on the Brown Act as a minimum standard, but also on meeting practices or activities that, legal or not, are likely to create controversy. Problems may crop up, for example, when agenda descriptions are too brief or vague, when an informal gettogether takes on the appearance of a meeting, when an agency conducts too much of its business in closed session or discusses matters in closed session that are beyond the authorized scope, or when controversial issues arise that are not on the agenda.

The Brown Act allows a legislative body to adopt practices and requirements for greater access to meetings for itself and its subordinate committees and bodies that are more stringent than the law itself requires.6 Rather than simply restate the basic requirements of the Brown Act, local open meeting policies should strive to anticipate and prevent problems in areas where the Brown Act does not provide full guidance. As with the adoption of any other significant policy, public comment should be solicited.

A local policy could build on these basic Brown Act goals:
A legislative body’s need to get its business done smoothly. The public’s right to participate meaningfully in meetings, and to review documents used in decision-making at a relevant point in time.

PRACTICE TIP: Transparency
is a foundational value for
ethical government practices.

The Brown Act is a floor, not a
ceiling, for conduct.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 9
A local agency’s right to confidentially address certain negotiations, personnel matters, claims, and litigation.
The right of the press to fully understand and communicate public agency decision-making.

A detailed and comprehensive public meeting and information policy, especially if reviewed periodically, can be an important element in maintaining or improving public relations. Such a policy exceeds the absolute requirements of the law — but if the law were enough, this guide would be unnecessary. A narrow legalistic approach will not avoid or resolve potential controversies. An agency should consider going beyond the law and look at its unique circumstances to determine if there is a better way to prevent potential problems and promote public trust. At the very least, local agencies need to think about how their agendas are structured in order to make Brown Act compliance easier. They need to plan carefully to make sure public participation fits smoothly into the process.

Achieving balance
The Brown Act should be neither an excuse for hiding the ball nor a mechanism for hindering efficient and orderly meetings. The Brown Act represents a balance among the interests of constituencies whose interests do not always coincide. It calls for openness in local government, yet should allow government to function responsively and productively.

There must be both adequate notice of what discussion and action are to occur during a meeting as well as a normal degree of spontaneity in the dialogue between elected officials and their constituents.

The ability of an elected official to confer with constituents or colleagues must be balanced against the important public policy prohibiting decision-making outside of public meetings.

In the end, implementation of the Brown Act must ensure full participation of the public and preserve the integrity of the decision-making process, yet not stifle government officials and impede the effective and natural operation of government.

Historical note
In late 1951, San Francisco Chronicle reporter Mike Harris spent six weeks looking into the way local agencies conducted meetings. State law had long required that business be done in public, but Harris discovered secret meetings or caucuses were common. He wrote a 10-part series titled “Your Secret Government” that ran in May and June 1952.

Out of the series came a decision to push for a new state open-meeting law. Harris and Richard (Bud) Carpenter, legal counsel for the League of California Cities, drafted such a bill and Assembly Member Ralph M. Brown agreed to carry it. The Legislature passed the bill, and Governor Earl Warren signed it into law in 1953.

The Ralph M. Brown Act, known as the Brown Act, has evolved under a series of amendments and court decisions, and has been the model for other open-meeting laws, such as the Bagley-Keene Act, enacted in 1967 to cover state agencies.

Assembly Member Brown is best known for the open-meeting law that carries his name. He was elected to the Assembly in 1942 and served 19 years, including the last three years as Speaker. He then became an appellate court justice.

PRACTICE TIP: The Brown Act
should be viewed as a tool
to facilitate the business of
local government agencies.

Local policies that go beyond
the minimum requirements
of law may help instill public
confidence and avoid problems.
10 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 1: IT IS THE PEOPLE’S BUSINESS
Updates to this publication responding to changes in the Brown Act or new court interpretations are available at https://www.calcities.org/home/resources/open-government2. A current version of the Brown Act may be found at https://leginfor.legislature.ca.gov.

ENDNOTES
1 Cal. Gov. Code, § 54950.
2 Cal. Const., Art. 1, § 3, subd. (b)(1).
3 Cal. Gov. Code, § 54953, subd. (a).
4 This principle of broad construction when it furthers public access and narrow construction if a provision limits public access is also stated in the amendment to the State’s Constitution adopted by Proposition 59 in 2004. California Const., Art. 1, § 3, subd. (b)(2). 5 Cal. Gov. Code, § 54952.2, subds. (b)(2) and (c)(1); Wolfe v. City of Fremont (2006) 144 Cal.App.4th 533.
6 Cal. Gov. Code, § 54953.7.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT11 11 Chapter 2

LEGISLATIVE BODIES
What is a “legislative body” of a local agency? ................................................................ 12 What is not a “legislative body” for purposes of the Brown Act? .................................... 14 12 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 2: LEGISLATIVE BODIES
The Brown Act applies to the legislative bodies of local agencies. It defines “legislative body” broadly to include just about every type of decision-making body of a local agency.1 What is a “legislative body” of a local agency?
A “legislative body” includes the following:
The “governing body of a local agency” and certain of its subsidiary bodies; “or any other local body created by state or federal statute.”2 This includes city councils, boards of supervisors, school boards, and boards of trustees of special districts. A “local agency” is any city, county, city and county, school district, municipal corporation, successor agency to a redevelopment agency, district, political subdivision, or other local public agency.3 A housing authority is a local agency under the Brown Act even though it is created by and is an agent of the state.4 The California Attorney General has opined that air pollution control districts and regional open space districts are also covered.5 Entities created pursuant to joint powers agreements are also local agencies within the meaning of the Brown Act.6
Newly elected members of a legislative body who have not yet assumed office must conform to the requirements of the Brown Act as if already in office.7 Thus, meetings between incumbents and newly elected members of a legislative body, such as a meeting between two outgoing members and a member-elect of a five-member body, could violate the Brown Act.

Q. On the morning following the election to a five-member legislative body of a local agency, two successful candidates, neither an incumbent, meet with an incumbent member of the legislative body for a celebratory breakfast. Does this violate the Brown Act?
A. It might, and absolutely would if the conversation turns to agency business. Even though the candidates-elect have not officially been sworn in, the Brown Act applies.

If purely a social event, there is no violation, but it would be preferable if others were invited to attend to avoid the appearance of impropriety.

Chapter 2

LEGISLATIVE BODIES
PRACTICE TIP: The prudent
presumption is that an advisory
committee or task force is
subject to the Brown Act. Even
if one clearly is not, it may want
to comply with the Brown Act.

Public meetings may reduce the
possibility of misunderstandings
and controversy.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 13
Appointed bodies — whether permanent or temporary, decision-making or advisory — including planning commissions, civil service commissions, and other subsidiary committees, boards, and bodies. Volunteer groups, executive search committees, task forces, and blue ribbon committees created by formal action of the governing body are legislative bodies. When the members of two or more legislative bodies are appointed to serve on an entirely separate advisory group, the resulting body may be subject to the Brown Act. In one reported case, a city council created a committee of two members of the city council and two members of the city planning commission to review qualifications of prospective planning commissioners and make recommendations to the council. The court held that their joint mission made them a legislative body subject to the Brown Act.

Had the two committees remained separate and met only to exchange information and report back to their respective boards, they would have been exempt from the Brown Act.8 Standing committees of a legislative body, irrespective of their composition, which have either (1) a continuing subject matter jurisdiction or (2) a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body.9 Even if it comprises less than a quorum of the governing body, a standing committee is subject to the Brown Act.

For example, if a governing body creates committees on budget and finance or on public safety that are not limited in duration or scope, those are standing committees subject to the Brown Act. Further, according to the California Attorney General, function over form controls. For example, a statement by the legislative body that the advisory committee “shall not exercise continuing subject matter jurisdiction” or the fact that the committee does not have a fixed meeting schedule is not determinative.10 “Formal action” by a legislative body includes authorization given to the agency’s executive officer to appoint an advisory committee pursuant to agency-adopted policy.11 A majority of the members of a legislative body may attend an open and public meeting of a standing committee of that body, provided the members who are not part of the standing committee only observe.12 For more information, see chapter 3.
The governing body of any private organization either (1) created by the legislative body in order to exercise authority that may lawfully be delegated by such body to a private corporation, limited liability company, or other entity or (2) that receives agency funding and whose governing board includes a member of the legislative body of the local agency appointed by the legislative body as a full voting member of the private entity’s governing board.13 These include some nonprofit corporations created by local agencies.14 If a local agency contracts with a private firm for a service (for example, payroll, janitorial, or food services), the private firm is not covered by the Brown Act.15 When a member of a legislative body sits on a board of a private organization as a private person and is not appointed by the legislative body, the board will not be subject to the Brown Act. Similarly, when the legislative body appoints someone other than one of its own members to such boards, the Brown Act does not apply. Nor does it apply when a private organization merely receives agency funding.16
PRACTICE TIP: It can be difficult
to determine whether a
subcommittee of a body falls
into the category of a standing
committee or an exempt
temporary committee. Suppose a
committee is created to explore
the renewal of a franchise or a
topic of similarly limited scope
and duration. Is it an exempt
temporary committee or a
nonexempt standing committee?
The answer may depend on
factors such as how meeting
schedules are determined, the
scope of the committee’s charge,
or whether the committee exists
long enough to have “continuing
jurisdiction.”
14 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 2: LEGISLATIVE BODIES
Q. The local chamber of commerce is funded in part by the city. The mayor sits on the chamber’s board of directors. Is the chamber board a legislative body subject to the Brown Act?
A. Maybe. If the chamber’s governing documents require the mayor to be on the board and the city council appoints the mayor to that position, the board is a legislative body. If, however, the chamber board independently appoints the mayor to its board, or the mayor attends chamber board meetings in a purely advisory capacity, it is not.

Q. If a community college district board creates an auxiliary organization to operate a campus bookstore or cafeteria, is the board of the organization a legislative body? A. Yes. But if the district instead contracts with a private firm to operate the bookstore or cafeteria, the Brown Act would not apply to the private firm. Certain types of hospital operators. A lessee of a hospital (or portion of a hospital) first leased under Health and Safety Code subsection 32121(p) after Jan. 1, 1994, which exercises “material authority” delegated to it by a local agency, whether or not such lessee is organized and operated by the agency or by a delegated authority.17 What is not a “legislative body” for purposes of the Brown Act? A temporary advisory committee composed solely of less than a quorum of the legislative body that serves a limited or single purpose, that is not perpetual, and that will be dissolved once its specific task is completed is not subject to the Brown Act.18 Temporary committees are sometimes called ad hoc committees, a term not used in the Brown Act. Examples include an advisory committee composed of less than a quorum created to interview candidates for a vacant position or to meet with representatives of other entities to exchange information on a matter of concern to the agency, such as traffic congestion.19
Groups advisory to a single decision-maker or appointed by staff are not covered. The Brown Act applies only to committees created by formal action of the legislative body and not to committees created by others. A committee advising a superintendent of schools would not be covered by the Brown Act. However, the same committee, if created by formal action of the school board, would be covered.20
Q. A member of the legislative body of a local agency informally establishes an advisory committee of five residents to advise her on issues as they arise. Does the Brown Act apply to this committee?
A. No, because the committee has not been established by formal action of the legislative body.

Q. During a meeting of the city council, the council directs the city manager to form an advisory committee of residents to develop recommendations for a new ordinance. The city manager forms the committee and appoints its members; the committee is instructed to direct its recommendations to the city manager. Does the Brown Act apply to this committee?
A. Possibly, because the direction from the city council might be regarded as a formal action of the body, notwithstanding that the city manager controls the committee.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 15
Individual decision-makers who are not elected or appointed members of a legislative body are not covered by the Brown Act. For example, a disciplinary hearing presided over by a department head or a meeting of agency department heads is not subject to the Brown Act since such assemblies are not those of a legislative body.21 Public employees, each acting individually and not engaging in collective deliberation on a specific issue, such as the drafting and review of an agreement, do not constitute a legislative body under the Brown Act, even if the drafting and review process was established by a legislative body.22
County central committees of political parties are also not Brown Act bodies.23 Legal counsel for a governing body is not a member of the governing body, therefore, the Brown Act does not apply to them. But counsel should take care not to facilitate Brown Act violations by members of the governing body.24

ENDNOTES
1 Taxpayers for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123, 1127. 2 Cal. Gov. Code, § 54952, subds. (a) and (b).
3 Cal. Gov. Code, § 54951; Cal. Health & Saf. Code, § 34173, subd. (g) (successor agencies to former redevelopment agencies subject to the Brown Act). But see Cal. Ed. Code § 35147, which exempts certain school councils and school site advisory committees from the Brown Act and imposes upon them a separate set of rules.
4 Torres v. Board of Commissioners of Housing Authority of Tulare County (1979) 89 Cal.App.3d 545, 549- 550.
5 71 Ops.Cal.Atty.Gen. 96 (1988); 73 Ops.Cal.Atty.Gen. 1 (1990). 6 McKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (2005) 134 Cal.

App.4th 354, 362.
7 Cal. Gov. Code, § 54952.1.
8 Joiner v. City of Sebastopol (1981) 125 Cal.App.3d 799, 804-805. 9 Cal. Gov. Code, § 54952, subd. (b)
10 79 Ops.Cal.Atty.Gen. 69 (1996).
11 Frazer v. Dixon Unified School District (1993) 18 Cal.App.4th 781, 793. 12 Cal. Gov. Code § 54952, subd. (c)(6).
13 Cal. Gov. Code, § 54952, subd. (c)(1). Regarding private organizations that receive local agency funding, the same rule applies to a full voting member appointed prior to February 9, 1996, who, after that date, is made a nonvoting board member by the legislative body. Cal. Gov. Code § 54952, subd. (c)(2).
14 Cal. Gov. Code, § 54952(c)(1)(A); International Longshoremen’s and Warehousemen’s Union v. Los Angeles Export Terminal, Inc. (1999) 69 Cal.App.4th 287, 300; Epstein v. Hollywood Entertainment Dist. II Business Improvement District (2001) 87 Cal.App.4th 862, 876; see also 85 Ops.Cal.Atty.Gen. 55 (2002).
15 International Longshoremen’s and Warehousemen’s Union v. Los Angeles Export Terminal, Inc. (1999) 69 Cal.App.4th 287, 300 fn. 5.
16 “The Brown Act, Open Meetings for Local Legislative Bodies,” California Attorney General’s Office (2003), p. 7.
16 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 2: LEGISLATIVE BODIES
17 Cal. Gov. Code, § 54952, subd. (d).
18 Cal. Gov. Code, § 54952, subd. (b); see also Freedom Newspapers, Inc. v. Orange County Employees Retirement System Board of Directors (1993) 6 Cal.4th 821, 832. 19 Taxpayers for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123, 1129. 20 56 Ops.Cal.Atty.Gen. 14, 16-17 (1973).
21 Wilson v. San Francisco Municipal Railway (1973) 29 Cal.App.3d 870, 878-879. 22 Golightly v. Molina (2014) 229 Cal.App.4th 1501, 1513. 23 59 Ops.Cal.Atty.Gen. 162, 164 (1976).
24 GFRCO, Inc. v. Superior Court of Riverside County (2023) 89 Cal.App.5th 1295, 1323; Stockton Newspapers, Inc. v. Redevelopment Agency of the City of Stockton (1985) 171 Cal.App.3d 95, 105 (a series of individual telephone calls between the agency attorney and the members of the body constituted a meeting).

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT17 17 Chapter 3

MEETINGS
Brown Act meetings ......................................................................................................... 18 Six exceptions to the meeting definition.......................................................................... 18 Collective briefings............................................................................................................ 21 Retreats, trainings, and workshops of legislative bodies ................................................. 21 Serial meetings ................................................................................................................. 22 Informal gatherings........................................................................................................... 24 Technological conferencing .............................................................................................. 25 Location of meetings ........................................................................................................ 26 18 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 3: MEETINGS
The Brown Act only applies to meetings of local legislative bodies. It defines a meeting as “any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate, or take any action on any item that is within the subject matter jurisdiction of the legislative body.”1 The term meeting is not limited to gatherings at which action is taken but includes deliberative gatherings as well. A hearing before an individual hearing officer is not a meeting under the Brown Act because it is not a hearing before a legislative body.2
Brown Act meetings
Brown Act meetings include a legislative body’s regular meetings, special meetings, emergency meetings, and adjourned meetings.
“Regular meetings” are meetings occurring at the dates, times, and location set by resolution, ordinance, or other formal action by the legislative body and are subject to 72- hour posting requirements.3
“Special meetings” are meetings called by the presiding officer or majority of the legislative body to discuss only discrete items on the agenda under the Brown Act’s notice requirements for special meetings and are subject to 24-hour posting requirements.4 “Emergency meetings” are a limited class of meetings held when prompt action is needed due to actual or threatened disruption of public facilities and are held on little notice.5 “Adjourned meetings” are regular or special meetings that have been adjourned or re-adjourned to a time and place specified in the order of adjournment, with no agenda required for regular meetings adjourned for less than five calendar days as long as no additional business is transacted.6
Six exceptions to the meeting definition
The Brown Act creates six exceptions to the meeting definition:7 Individual contacts
The first exception involves individual contacts between a member of the legislative body and any other person. The Brown Act does not limit a legislative body member acting on their own. This exception recognizes the right to confer with constituents, advocates, consultants, news reporters, local agency staff, or a colleague.

Individual contacts, however, cannot be used to do in stages what would be prohibited in one step. For example, a series of individual contacts that leads to discussion, deliberation, or action among a majority of the members of a legislative body is prohibited. Such serial meetings are discussed below.

Chapter 3

MEETINGS
OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 19
Conferences
The second exception allows a legislative body majority to attend a conference or similar gathering open to the public that addresses issues of general interest to the public or to public agencies of the type represented by the legislative body.

Among other things, this exception permits legislative body members to attend annual association conferences of city, county, school, community college, and other local agency officials, as long as those meetings are open to the public. However, a majority of members cannot discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within their local agency’s subject matter jurisdiction.

Community meetings
The third exception allows a legislative body majority to attend an open and publicized meeting held by another organization to address a topic of local community concern. A majority cannot discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the legislative body’s subject matter jurisdiction. Under this exception, a legislative body majority may attend a local service club meeting or a local candidates’ night if the meetings are open to the public.
“I see we have four distinguished members of the city council at our meeting tonight,” said the chair of the Environmental Action Coalition. “I wonder if they have anything to say about the controversy over enacting a slow growth ordinance?”
The Brown Act permits a majority of a legislative body to attend and speak at an open and publicized meeting conducted by another organization. The Brown Act may nevertheless be violated if a majority discusses, deliberates, or takes action on an item during the meeting of the other organization. There is a fine line between what is permitted and what is not; hence, members should exercise caution when participating in these types of events.

Q. The local chamber of commerce sponsors an open and public candidate debate during an election campaign. Three of the five agency members are up for reelection and all three participate. All of the candidates are asked their views on a controversial project scheduled for a meeting to occur just after the election. May the three incumbents answer the question?
A. Yes, because the chamber of commerce, not the city, is organizing the debate. The city should not sponsor the event or assign city staff to help organize or run the event. Also, the Brown Act does not constrain the incumbents from expressing their views regarding important matters facing the local agency as part of the political process the same as any other candidates. Finally, incumbents participating in the event should take care to limit their remarks to the program set by the chamber and safeguard due process by indicating they will keep an open mind regarding specific applications that might come before the council.

Q. May the three incumbents accept an invitation from the editorial board of a local paper to all candidates to meet as a group and answer questions about and/or debate city issues?
A. No, unlike the chamber of commerce event, this would not be allowed under the Brown Act because it is not an open and publicized meeting. 20 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 3: MEETINGS
Other legislative bodies
The fourth exception allows a majority of a legislative body to attend an open and publicized meeting of (1) another body of the local agency and (2) a legislative body of another local agency.8 Again, the majority cannot discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within their subject matter jurisdiction. This exception allows, for example, a city council or a majority of a board of supervisors to attend a controversial meeting of the planning commission.

Nothing in the Brown Act prevents the majority of a legislative body from sitting together at such a meeting. They may choose not to, however, to preclude any possibility of improperly discussing local agency business and to avoid the appearance of a Brown Act violation. Further, aside from the Brown Act, there may be other reasons, such as due process considerations, why the members should avoid giving public testimony, trying to influence the outcome of proceedings before a subordinate body, or discussing the merits with interested parties.

Q. The entire legislative body intends to testify against a bill before the Senate Local Government Committee in Sacramento. Must this activity be noticed as a meeting of the body?
A. No, because the members are attending and participating in an open meeting of another governmental body that the public may attend.

Q. The members then proceed upstairs to the office of their local assembly member to discuss issues of local interest. Must this session be noticed as a meeting and be open to the public?
A. Yes, because the entire body may not meet behind closed doors except for proper closed sessions. The same answer applies to a private lunch or dinner with the assembly member.

Standing committees
The fifth exception authorizes the attendance of a majority at an open and noticed meeting of a standing committee of the legislative body, provided that the legislative body members who are not members of the standing committee attend only as observers (meaning that they cannot speak or otherwise participate in the meeting, and they must sit where members of the public sit).9 Q. The legislative body establishes a standing committee of two of its five members that meets monthly. A third member of the legislative body wants to attend these meetings and participate. May she?
A. She may attend, but only as an observer; she may not participate.

Q. Can the legislative body establish multiple standing committees with partially overlapping jurisdiction?
A. Yes. One result of this overlap in jurisdiction may be that three or more of the members of the legislative body ultimately end up discussing an issue as part of a standing committee meeting. This is allowed under the Brown Act provided each standing committee meeting is publicly noticed and no more than two of the five members discuss the issue at any given standing committee meeting.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 21
Social or ceremonial events
The final exception permits a majority of a legislative body to attend a purely social or ceremonial occasion. Once again, a majority cannot discuss business among themselves of a specific nature that is within the subject matter jurisdiction of the legislative body.

Nothing in the Brown Act prevents a majority of members from attending the same football game, party, wedding, funeral, reception, or farewell. The test is not whether a majority of a legislative body attend the function, but whether business of a specific nature within the subject matter jurisdiction of the body is discussed. As long as no such business is discussed, there is no violation of the Brown Act.

Grand Jury Testimony
In addition, members of a legislative body, either individually or collectively, may give testimony in private before a grand jury.10 This is the equivalent of a seventh exception to the Brown Act’s definition of a “meeting.”
Collective briefings
None of these exceptions permits a majority of a legislative body to meet together with staff in advance of a meeting for a collective briefing. Any such briefings that involve a majority of the body in the same place and time must be open to the public and satisfy Brown Act meeting notice and agenda requirements. Staff may provide written briefings (e.g., staff updates, emails from the city manager, confidential memos from the city attorney) to the full legislative body, but apart from privileged memos, the written materials may be subject to disclosure as public records as discussed in chapter 4.

Retreats, trainings, and workshops of legislative bodies Gatherings by a majority of legislative body members at the legislative body’s retreats, study sessions, trainings, or workshops are subject to the requirements of the Brown Act. This is the case whether the gathering focuses on long-range agency planning, discussion of critical local issues, satisfying state-mandated ethics training requirements, or team building and group dynamics.11
22 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 3: MEETINGS
Q. The legislative body wants to hold a team-building session to improve relations among its members. May such a session be conducted behind closed doors? A. No, this is not a proper subject for a closed session, and there is no other basis to exclude the public. Council relations are a matter of public business.

Serial meetings
One of the most frequently asked questions about the Brown Act involves serial meetings. At any one time, such meetings include only a portion of a legislative body, but eventually they comprise a majority. The Brown Act provides that “[a] majority of the members of a legislative body shall not, outside a meeting … use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.”12 The problem with serial meetings is the process, which deprives the public of an opportunity for meaningful observation of and participation in legislative body decision-making.

The serial meeting may occur by either a “daisy chain” or a “hub and spoke” sequence. In the daisy chain scenario, Member A contacts Member B, Member B contacts Member
C, Member C contacts Member D, and so on until a quorum has discussed, deliberated, or taken action on an item within the legislative body’s subject matter jurisdiction. The hub and spoke process involves at least two scenarios. In the first scenario, Member A (the hub) sequentially contacts Members B, C, D, and so on (the spokes) until a quorum has been contacted. In the second scenario, a staff member (the hub), functioning as an intermediary for the legislative body or one of its members, communicates with a majority of members (the spokes) one by one for discussion, deliberation, or a decision on a proposed action.13 Another example of a serial meeting is when a chief executive officer (the hub) briefs a majority of members (the spokes) prior to a formal meeting and, in the process, information about the members’ respective views is revealed.

Each of these scenarios violates the Brown Act.

A legislative body member has the right, if not the duty, to meet with constituents to address their concerns. That member also has the right to confer with a colleague (but not with a majority of the body, counting the member) or appropriate staff about local agency business. An employee or official of a local agency may engage in separate conversations or communications outside of an open and noticed meeting “with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.”14 The Brown Act is violated, however, if several one-on-one meetings or conferences lead to a discussion, deliberation, or action by a majority. In one case, a violation occurred when a quorum Photo credit: Courtesy of the City of West
Hollywood. Photo by Jon Viscott.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 23
of a city council, by a letter that had been circulated among members outside of a formal meeting, directed staff to take action in an eminent domain proceeding.15 A unilateral written communication to the legislative body, such as an informational or advisory memorandum, does not violate the Brown Act.16 Such a memo, however, may be a public record.17 The phone call was from a lobbyist. “Say, I need your vote for that project in the south area. How about it?”
“Well, I don’t know,” replied Board Member Aletto. “That’s kind of a sticky proposition. You sure you need my vote?”
“Well, I’ve got Bradley and Cohen lined up and another vote leaning. With you, I’d be over the top.”
Moments later, the phone rings again. “Hey, I’ve been hearing some rumbles on that south area project,” said the newspaper reporter. “I’m counting noses.

How are you voting on it?”
The lobbyist and the reporter are facilitating a violation of the Brown Act. The board member may have violated the Brown Act by hearing about the positions of other board members and indeed coaxing the lobbyist to reveal the other board members’ positions by asking, “You sure you need my vote?” The prudent course is to avoid such leading conversations and to caution lobbyists, staff, and news media against revealing such positions of others.

The mayor sat down across from the city manager. “From now on,” he declared, “I want you to provide individual briefings on upcoming agenda items. Some of this material is very technical, and the council members don’t want to sound like idiots asking about it in public. Besides that, briefings will speed up the meeting.”
Agency employees or officials may have separate conversations or communications outside of an open and noticed meeting “with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency if that person does not communicate to members of the legislative body the comments or position of any other member or members of the legislative body.”18 Members should always be vigilant when discussing local agency business with anyone to avoid conversations that could lead to a discussion, deliberation, or action taken among the majority of the legislative body. “Thanks for the information,” said Council Member Kim. “These zoning changes can be tricky, and now I think I’m better equipped to make the right decision.” “Glad to be of assistance,” replied the planning director. “I’m sure Council Member Jones is OK with these changes. How are you leaning?” “Well,” said Council Member Kim, “I’m leaning toward approval. I know that two of my colleagues definitely favor approval.”
PRACTICE TIP: When briefing
legislative body members,
staff must exercise care not to
disclose other members’ views
and positions.
24 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 3: MEETINGS
The planning director should not disclose Jones’ prospective vote, and Kim should not disclose the prospective votes of two colleagues. Under these facts, there likely has been a serial meeting in violation of the Brown Act.

Q. Various social media platforms and websites include forums where agency employees and officials can discuss issues of local agency business. Members of the legislative body participate regularly. Does this scenario present a potential for violation of the Brown Act?
A. Yes, because it is a technological device that may serve to allow for a majority of members to discuss, deliberate, or take action on matters of agency business.

Q. A member of a legislative body contacts two other members on a five-member body relative to scheduling a special meeting. Is this an illegal serial meeting? A. No, the Brown Act expressly allows a majority of a body to call a special meeting, though the members should avoid discussing the merits of what is to be taken up at the meeting.

Particular care should be exercised when staff briefings of legislative body members occur by email because of the ease of using the “reply all” option that may inadvertently result in a Brown Act violation. Staff should consider using the “bcc” (blind carbon copy) option when addressing an email to multiple members of the legislative body and remind recipients not to “reply all.” Social media should also be used with care. A member of the legislative body cannot respond directly to any communication on an internet-based social media platform that is made, posted, or shared by any other member of the legislative body. This applies to matters within the subject matter jurisdiction of the legislative body. For example, if one member of a legislative body “likes” a social media post of one other member of the same body, that could violate the Brown Act, depending on the nature of the post.19
Finally, electronic communications (such as text messaging) among members of a legislative body during a public meeting should be discouraged. If such communications are sent to a majority of members of the body, either directly or through an intermediary, on a matter on the meeting agenda, that could violate the Brown Act. Electronic communications sent to less than a majority of members of the body during a quasi-judicial proceeding could potentially raise due process concerns, even if not per se prohibited by the Brown Act. Additionally, some legislative bodies have rules governing electronic communications during meetings of the legislative body and how their members should proceed if they receive a communication on an agenda item that is not part of the record or not part of an agenda packet.

Informal gatherings
Members of legislative bodies are often tempted to mix business with pleasure — for example, by holding a post-meeting gathering. Informal gatherings at which local agency business is discussed or transacted violate the law if they are not conducted in conformance with the Brown Act.20 A gathering at which a quorum of the legislative body discusses matters within their jurisdiction violates the Brown Act even if that gathering occurs in a public place. The Brown Act is not satisfied by public visibility alone. It also requires public notice and an opportunity to attend, hear, and participate.

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Thursday at 11:30 a.m., as they did every week, the board of directors of the Dry Gulch Irrigation District trooped into Pop’s Donut Shoppe for an hour of talk and fellowship. They sat at the corner window, fronting on Main and Broadway, to show they had nothing to hide. Whenever he could, the managing editor of the weekly newspaper down the street hurried over to join the board.

A gathering like this would not violate the Brown Act if board members scrupulously avoided talking about irrigation district issues — which might be difficult. This kind of situation should be avoided. The public is unlikely to believe the board members could meet regularly without discussing public business. A newspaper executive’s presence does not lessen the potential for a violation of the Brown Act.

Technological conferencing
Except for certain non-substantive purposes, such as scheduling a special meeting, a conference call including a majority of the members of a legislative body is an unlawful meeting. But in an effort to keep up with modern technologies, the Brown Act specifically allows a legislative body to use any type of teleconferencing to meet, receive public comment and testimony, deliberate, or conduct a closed session.21 While the Brown Act contains specific requirements for conducting a teleconference, the decision to use teleconferencing is entirely discretionary with the body. No person has a right under the Brown Act to have a meeting by teleconference.

Teleconference is defined as “a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.”22 In addition to the specific requirements relating to teleconferencing, the meeting must comply with all provisions of the Brown Act otherwise applicable.

The Brown Act contains the following teleconferencing requirements:23 Teleconferencing may be used for all purposes during any meeting. At least a quorum of the legislative body must participate from locations within the local agency’s jurisdiction.
Additional teleconference locations may be made available for the public. Each teleconference location must be specifically identified in the notice and agenda of the meeting, including a full address and room number, as may be applicable. Agendas must be posted at each teleconference location, even if a hotel room or a residence. Each teleconference location, including a hotel room or residence, must be accessible to the public and have technology, such as a speakerphone, to enable the public to participate The agenda must provide the opportunity for the public to address the legislative body directly at each teleconference location.
All votes must be by roll call.

Photo credit: Courtesy of the City of West
Hollywood. Photo by Jon Viscott.
26 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 3: MEETINGS
Q. A member on vacation wants to participate in a meeting of the legislative body and vote by cellular phone from her car while driving from Washington, D.C., to New York. May she? A. She may not participate or vote because she is not in an open, noticed, and posted teleconference location.

Until Jan. 1, 2026, teleconferencing may also be used on a limited basis where a member indicates their need to participate remotely for “just cause” (e.g., childcare or a contagious illness) or due to “emergency circumstances” (e.g., a physical or family medical emergency).

This teleconferencing option has extremely detailed requirements, and careful review is needed. If the City experiences a technical issue that prevents members of the public from viewing the meeting and/or offering comments virtually, then no further action can be taken until the technical issue is resolved.24
The use of teleconferencing to conduct a legislative body meeting presents a variety of issues beyond the scope of this guide to discuss in detail.

Therefore, before teleconferencing a meeting, legal counsel for the local agency should be consulted.

Location of meetings
The Brown Act generally requires all regular and special meetings of a legislative body, including retreats and workshops, to be held within the boundaries of the territory over which the local agency exercises jurisdiction.25
An open and publicized meeting of a legislative body may be held outside of agency boundaries if the purpose of the meeting is one of the following:26
Comply with state or federal law or a court order, or attend a judicial conference or administrative proceeding in which the local agency is a party. Inspect real or personal property that cannot be conveniently brought into the local agency’s territory, provided the meeting is limited to items relating to that real or personal property.

Q. The agency is considering approving a major retail mall. The developer has built other similar malls and invites the entire legislative body to visit a mall outside the jurisdiction. May the entire body go?
A. Yes, the Brown Act permits meetings outside the boundaries of the agency for specified reasons and inspection of property is one such reason. The field trip must be treated as a meeting and the public must be allowed to attend. Participate in multiagency meetings or discussions; however, such meetings must be held within the boundaries of one of the participating agencies, and all of those agencies must give proper notice.
Meet in the closest meeting facility if the local agency has no meeting facility within its boundaries, or meet at its principal office if that office is located outside the territory over which the agency has jurisdiction.

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Meet with elected or appointed federal or California officials when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction. Meet in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility.
Visit the office of its legal counsel for a closed session on pending litigation when to do so would reduce legal fees or costs.27
In addition, the governing board of a school or community college district may hold meetings outside of its boundaries to attend a conference on nonadversarial collective bargaining techniques, interview candidates for school district superintendent, or interview a potential employee from another district.28 A school board may also interview members of the public residing in another district if the board is considering employing that district’s superintendent.

Similarly, meetings of a joint powers authority can occur within the territory of at least one of its member agencies, and a joint powers authority with members throughout the state may meet anywhere in the state.29
Finally, if a fire, flood, earthquake, or other emergency makes the usual meeting place unsafe, the presiding officer can designate another meeting place for the duration of the emergency. News media that have requested notice of meetings must be notified of the designation by the most rapid means of communication available.30 State law has also allowed for virtual meetings under certain emergency situations.31

ENDNOTES
1 Cal. Gov. Code, § 54952.2, subd. (a).
2 Wilson v. San Francisco Municipal Railway (1973) 29 Cal.App.3d 870. 3 Cal. Gov. Code, § 54954, subd. (a).
4 Cal. Gov. Code, § 54956.
5 Cal. Gov. Code, § 54956.5.
6 Cal. Gov. Code, § 54955.
7 Cal. Gov. Code, § 54952.2, subd. (c).
8 Cal. Gov. Code, § 54952.2, subd. (c)(4).
9 Cal. Gov. Code, § 54952.2, subd. (c)(6). See 81 Ops.Cal.Atty.Gen. 156 (1998). 10 Cal. Gov. Code, § 54953.1.
11 “The Brown Act,” California Attorney General (2003), p. 10. 12 Cal. Gov. Code, § 54952.2, subd. (b)(1).
13 Stockton Newspapers, Inc. v. Redevelopment Agency of the City of Stockton (1985) 171 Cal.App.3d 95. 14 Cal. Gov. Code, § 54952.2, subd. (b)(2).
15 Common Cause v. Stirling (1983) 147 Cal.App.3d 518.
16 Roberts v. City of Palmdale (1993) 5 Cal.4th 363.
17 Cal. Gov. Code, § 54957.5, subd. (a).
18 Cal. Gov. Code, § 54952.2, subd. (b)(2).
19 Cal. Gov. Code, § 54952.2, subd. (b)(3).
28 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 3: MEETINGS
20 Cal. Gov. Code, § 54952.2; 43 Ops.Cal.Atty.Gen. 36 (1964). 21 Cal. Gov. Code, § 54953, subd. (b)(1).
22 Cal. Gov. Code, § 54953, subd. (b)(4).
23 Cal. Gov. Code, § 54953. Until Jan. 1, 2024, the legislative body could use teleconferencing “during a proclaimed state of emergency” by the Governor in specified circumstances, and teleconference locations were exempt from certain requirements, such as identification in and posting of the agenda. 24 Cal Gov. Code, § 54953, subd. (f) (which will become Govt. §54953(e) as of Jan. 1, 2024). 25 Cal. Gov. Code, § 54954, subd. (b).
26 Cal. Gov. Code, § 54954, subd. (b)(1)-(7).
27 94 Ops.Cal.Atty.Gen. 15 (2011).
28 Cal. Gov. Code, § 54954, subd. (c).
29 Cal. Gov. Code, § 54954, subd. (d).
30 Cal. Gov. Code, § 54954, subd. (e).
31 Cal. Gov. Code, § 54953, subd. (e) (exp. January 1, 2026).

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT29 29 Chapter 4

AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Agendas for regular meetings .......................................................................................... 30 Mailed agenda upon written request ............................................................................... 31 Notice requirements for special meetings ....................................................................... 32 Notices and agendas for adjourned and continued meetings and hearings ................... 32 Notice requirements for emergency meetings ................................................................ 33 Notice of compensation for simultaneous or serial meetings ......................................... 33 Educational agency meetings........................................................................................... 33 Notice requirements for tax or assessment meetings and hearings............................... 33 Non-agenda items............................................................................................................. 34 Responding to the public .................................................................................................. 35 The right to attend and observe meetings ....................................................................... 36 Records and recordings .................................................................................................... 37 The public’s right to speak during a meeting ................................................................... 38 30 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Chapter 4

AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Effective notice is essential for an open and public meeting.

Whether a meeting is open or how the public may participate in that meeting is academic if nobody knows about the meeting.

Agendas for regular meetings
Every regular meeting of a legislative body of a local agency — including advisory committees, commissions, or boards, as well as standing committees of legislative bodies — must be preceded by a posted agenda that advises the public of the meeting and the matters to be transacted or discussed.

The agenda must be posted at least 72 hours before the regular meeting in a location “freely accessible to members of the public.”1 The courts have not definitively interpreted the “freely accessible” requirement. The California Attorney General has interpreted this provision to require posting in a location open and accessible to the public 24 hours a day during the 72-hour period, but any of the 72 hours may fall on a weekend.2 This provision may be satisfied by posting on a touch screen electronic kiosk accessible without charge to the public 24 hours a day during the 72-hour period.3 While posting an agenda on an agency’s internet website will not, by itself, satisfy the “freely accessible” requirement since there is no universal access to the internet, an agency has a supplemental obligation to post the agenda on its website if (1) the local agency has a website and (2) the legislative body whose meeting is the subject of the agenda is either (a) a governing body or (b) has members that are compensated, with one or more members that are also members of a governing body.4
Q. May the meeting of a governing body go forward if its agenda was either inadvertently not posted on the city’s website or if the website was not operational during part or all of the 72-hour period preceding the meeting?
A. At a minimum, the Brown Act calls for “substantial compliance” with all agenda posting requirements, including posting to the agency website.5 Should website technical difficulties arise, seek a legal opinion from your agency attorney. The California Attorney General has opined that technical difficulties that cause the website agenda to become inaccessible for a portion of the 72 hours preceding a meeting do not automatically or inevitably lead to a Brown Act violation, provided the agency can demonstrate substantial compliance.6 This inquiry requires a fact-specific examination of whether the agency or its legislative body made “reasonably effective efforts to notify interested persons of a public meeting” through online posting and other available means.7 The Attorney General’s opinion suggests that this examination would include an evaluation of how long a technical problem persisted, the efforts made to correct the problem or otherwise ensure that the public was informed, and the actual effect the problem had on public OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 31
awareness, among other factors.8 For these reasons, obvious website technical difficulties might not require cancellation of a meeting, provided that the agency meets all other Brown Act posting requirements and the agenda is available on the website once the technical difficulties are resolved.

The agenda must state the meeting time and place and must contain “a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session.”9 For a discussion of descriptions for open and closed-session agenda items, see chapter 5. Special care should be made to describe on the agenda each distinct action to be taken by the legislative body, while an overbroad description of a “project” must be avoided if the “project” is actually a set of distinct actions, in which case each action must be listed separately on the agenda.10 For example, the listing of an "initiative measure” alone on an agenda was found insufficient where the agency was also deciding whether to accept a gift from the measure proponent to pay for the election.11 Q. The agenda for a regular meeting contains the following items of business:
• Consideration of a report regarding traffic on Eighth Street. • Consideration of a contract with ABC Consulting.

Are these descriptions adequate?
A. If the first is, it is barely adequate. A better description would provide the reader with some idea of what the report is about and what is being recommended. The second is not adequate. A better description might read, “Consideration of a contract with ABC Consulting in the amount of $50,000 for traffic engineering services regarding traffic on Eighth Street.”
Q. The agenda includes an item entitled City Manager’s Report, during which time the city manager provides a brief report on notable topics of interest, none of which is listed on the agenda.

Is this permissible?
A. Yes, as long as it does not result in extended discussion or action by the body.

A brief general description may not be sufficient for closed-session agenda items. The Brown Act provides safe harbor language for the various types of permissible closed sessions.12 Substantial compliance with the safe harbor language is recommended to protect legislative bodies and elected officials from legal challenges.

Mailed agenda upon written request
The legislative body, or its designee, must mail a copy of the agenda or, if requested, the entire agenda packet, to any person who has filed a written request for such materials. These copies shall be mailed at the time the agenda is posted or upon distribution to all, or a majority of all, of the members of the legislative body, whichever occurs first. If the local agency has an internet website, this requirement can be satisfied by emailing a copy of, or website link to, the agenda or agenda packet if the person making the request asks for it to be emailed. Further, if requested, these materials must be made available in appropriate alternative formats to persons with disabilities.

PRACTICE TIP: Putting together a
meeting agenda requires careful
thought.
32 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
A request for notice is valid for one calendar year and renewal requests must be filed following January 1 of each year. The legislative body may establish a fee to recover the cost of providing the service. Failure of the requesting person to receive the agenda does not constitute grounds for invalidation of actions taken at the meeting.13
Notice requirements for special meetings
There is no express agenda requirement for special meetings, but the notice of the special meeting effectively serves as the agenda and limits the business that may be transacted or discussed. Written notice must be sent to each member of the legislative body (unless waived in writing by that member) and to each local newspaper of general circulation and each radio and television station that has requested such notice in writing. This notice must be delivered at least 24 hours before the time of the meeting by personal delivery or any other means that ensures receipt.

The notice must state the time and place of the meeting as well as all business to be transacted or discussed. It is recommended that the business to be transacted or discussed be described in the same manner that an item for a regular meeting would be described on the agenda, that is, with a brief general description. Some items must appear on a regular, not special, meeting agenda (e.g., general law city adoption of an ordinance or consideration of local agency executive compensation).14 As noted above, closed session items should be described in accordance with the Brown Act’s safe harbor provisions to protect legislative bodies and elected officials from challenges of noncompliance with notice requirements.

The special meeting notice must also be posted at least 24 hours prior to the special meeting using the same methods as posting an agenda for a regular meeting: at a site that is freely accessible to the public, and on the agency’s website if (1) the local agency has a website and (2) the legislative body whose meeting is the subject of the agenda is either (a) a governing body or (b) has members that are compensated, with one or more members that are also members of a governing body.15
Notices and agendas for adjourned and continued meetings and hearings A regular or special meeting can be adjourned and re-adjourned to a time and place specified in the order of adjournment.16 If no time is stated, the meeting is continued to the hour for regular meetings. Whoever is present (even if they are less than a quorum) may so adjourn a meeting; if no member of the legislative body is present, the clerk or secretary may adjourn the meeting.

If a meeting is adjourned for less than five calendar days, no new agenda need be posted so long as a new item of business is not introduced.17 A copy of the order of adjournment must be posted within 24 hours after the adjournment, at or near the door of the place where the meeting was held.

A hearing can be continued to a subsequent meeting. The process is the same as for continuing adjourned meetings, except that if the hearing is continued to a time less than 24 hours away, a copy of the order or notice of continuance must be posted immediately following the meeting.18 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 33
Notice requirements for emergency meetings
The special meeting notice provisions apply to emergency meetings, except for the 24-hour notice.19 News media that have requested written notice of special meetings must be notified by telephone at least one hour in advance of an emergency meeting, and all telephone numbers provided in that written request must be tried. If telephones are not working, the notice requirements are deemed waived. However, the news media must be notified as soon as possible of the meeting and any action taken.

News media may make a practice of having written requests on file for notification of special or emergency meetings. Absent such a request, a local agency has no legal obligation to notify news media of special or emergency meetings — although notification may be advisable in any event to avoid controversy.

Notice of compensation for simultaneous or serial meetings A legislative body that has convened a meeting and whose membership constitutes a quorum of another legislative body, may convene a simultaneous or serial meeting of the other legislative body only after a clerk or member of the convened legislative body orally announces (1) the amount of compensation or stipend, if any, that each member will be entitled to receive as a result of convening the meeting of the other legislative body; and (2) that the compensation or stipend is provided as a result of convening the meeting of that body.20 No oral disclosure of the amount of the compensation is required if the entire amount of such compensation is prescribed by statute and no additional compensation has been authorized by the local agency. Further, no disclosure is required with respect to reimbursements for actual and necessary expenses incurred in the performance of the member’s official duties, such as for travel, meals, and lodging.

Educational agency meetings
The Education Code contains some special agenda and special meeting provisions.21 However, they are generally consistent with the Brown Act. An item is probably void if not posted.22 A school district board must also adopt regulations to make sure the public can place matters affecting the district’s business on meeting agendas and can address the board on those items.23
Notice requirements for tax or assessment meetings and hearings The Brown Act prescribes specific procedures for adoption by a city, county, special district, or joint powers authority of any new or increased tax or assessment imposed on businesses.24 Although written broadly, these Brown Act provisions do not apply to new or increased real property taxes or assessments, as those are governed by the California Constitution, Article XIIIC or XIIID, enacted by Proposition 218. At least one public meeting must be held to allow public testimony on the tax or assessment. In addition, there must also be at least 45 days notice of a public hearing at which the legislative body proposes to enact or increase the tax or assessment. Notice of the public meeting and public hearing must be provided at the same time and in the same document. The public notice relating to general taxes must be provided by newspaper publication.

The public notice relating to new or increased business assessments must be provided through a 34 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
mailing to all business owners proposed to be subject to the new or increased assessment. The agency may recover the reasonable costs of the public meetings, hearings, and notice.

The Brown Act exempts certain fees, standby or availability charges, recurring assessments, and new or increased assessments that are subject to the notice and hearing requirements of the Constitution.25 As a practical matter, the Constitution’s notice requirements have preempted this section of the Brown Act.

Non-agenda items
The Brown Act generally prohibits any action or discussion of items not on the posted agenda.

However, there are three specific situations in which a legislative body can act on an item not on the agenda:26
When a majority decides there is an “emergency situation” (as defined for emergency meetings).
When two-thirds of the members present (or all members if less than two-thirds are present) determine there is a need for immediate action, and the need to take action “came to the attention of the local agency subsequent to the agenda being posted.” This exception requires a degree of urgency. Further, an item cannot be considered under this provision if the legislative body or the staff knew about the need to take immediate action before the agenda was posted. A new need does not arise because staff forgot to put an item on the agenda or because an applicant missed a deadline. When an item appeared on the agenda of, and was continued from, a meeting held not more than five days earlier.

The exceptions are narrow, as indicated by this list. The first two require a specific determination by the legislative body. That determination can be challenged in court and, if unsubstantiated, can lead to invalidation of an action.
“I’d like a two-thirds vote of the board so we can go ahead and authorize commencement of phase two of the East Area Project,” said Chair Lopez. “It’s not on the agenda. But we learned two days ago that we finished phase one ahead of schedule — believe it or not — and I’d like to keep it that way. Do I hear a motion?”
The desire to stay ahead of schedule generally would not satisfy “a need for immediate action.” Too casual an action could invite a court challenge by a disgruntled resident.

The prudent course is to place an item on the agenda for the next meeting and not risk invalidation.
“We learned this morning of an opportunity for a state grant,” said the chief engineer at the regular board meeting, “but our application has to be submitted in two days. We’d like the board to give us the go-ahead tonight, even though it’s not on the agenda.”
A legitimate immediate need can be acted upon even though not on the posted agenda by following a two-step process:

PRACTICE TIP: Subject to very
limited exceptions, the Brown
Act prohibits any action or
discussion of an item not on the
posted agenda.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 35
First, make two determinations: (1) that there is an immediate need to take action
and (2) that the need arose after the posting of the agenda. The matter is then
placed on the agenda.
Second, discuss and act on the added agenda item.

Responding to the public
The public can talk about anything within the jurisdiction of the legislative body, but the legislative body generally cannot act on or discuss an item not on the agenda. What happens when a member of the public raises a subject not on the agenda?
While the Brown Act does not allow discussion or action on items not on the agenda, it does allow members of the legislative body, or its staff, to “briefly respond” to comments or questions from members of the public, provide a reference to staff or other resources for factual information, or direct staff to place the issue on a future agenda. In addition, even without a comment from the public, a legislative body member or a staff member may ask for information, request a report back, request to place a matter on the agenda for a subsequent meeting (subject to the body’s rules or procedures), ask a question for clarification, make a brief announcement, or briefly report on their own activities.27 However, caution should be used to avoid any discussion or action on such items.

Council Member Jefferson: I would like staff to respond to Resident Joe’s complaints during public comment about the repaving project on Elm Street.

Are there problems with this project?
City Manager Frank: The public works director has prepared a 45-minute PowerPoint presentation for you on the status of this project and will give it right now.

Council Member Brown: Take all the time you need; we need to get to the bottom of this. Our residents are unhappy.

It is clear from this dialogue that the Elm Street project was not on the council’s agenda but was raised during the public comment period for items not on the agenda. Council Member Jefferson properly asked staff to respond; the city manager should have given at most a brief response. If a lengthy report from the public works director was warranted, the city manager should have stated that it would be placed on the agenda for the next meeting. Otherwise, both the long report and the likely discussion afterward will improperly embroil the council in a matter that is not listed on the agenda. 36 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
The right to attend and observe meetings
A number of Brown Act provisions protect the public’s right to attend, observe, and participate in meetings.

Members of the public cannot be required to register their names, provide other information, complete a questionnaire, or otherwise “fulfill any condition precedent” to attending a meeting.

Any attendance list, questionnaire, or similar document posted at or near the entrance to the meeting room or circulated at a meeting must clearly state that its completion is voluntary and that all persons may attend whether or not they fill it out.28 No meeting can be held in a facility that prohibits attendance based on race, religion, color, national origin, ethnic group identification, age, sex, sexual orientation, or disability, or that is inaccessible to the disabled. Nor can a meeting be held where the public must make a payment or purchase in order to be present.29 This does not mean, however, that the public is entitled to free entry to a conference attended by a majority of the legislative body.30 While a legislative body may use teleconferencing in connection with a meeting, the public must be given notice of and access to the teleconference location. Members of the public must be able to address the legislative body from the teleconference location.31 Action by secret ballot, whether preliminary or final, is flatly prohibited.32 All actions taken by the legislative body in open session, and the vote of each member thereon, must be disclosed to the public at the time the action is taken.33 Q. The agenda calls for election of the legislative body’s officers. Members of the legislative body want to cast unsigned written ballots that would be tallied by the clerk, who would announce the results. Is this voting process permissible? A. No. The possibility that a public vote might cause hurt feelings among members of the legislative body or might be awkward — or even counterproductive — does not justify a secret ballot.

The legislative body may remove persons from a meeting who willfully interrupt or disrupt proceedings.34 Ejection is justified only when audience members actually disrupt the proceedings,35 or, alternatively, if the presiding member of the legislative body warns a person that their behavior is disruptive and that continued disruption may result in their removal (but no prior warning is required if there is a use of force or true threat of force).36 If order cannot be restored after ejecting disruptive persons, the meeting room may be cleared. Members of the news media who have not participated in the disturbance must be allowed to continue to attend the meeting. The legislative body may establish a procedure to readmit an individual or individuals not responsible for the disturbance.37
OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 37
Records and recordings
The public has the right to review agendas and other writings distributed by any person to a majority of the legislative body in connection with a matter subject to discussion or consideration at a meeting. Except for privileged documents, those materials are public records and must be made available upon request without delay.38 A fee or deposit as permitted by the California Public Records Act may be charged for a copy of a public record.39 Q. In connection with an upcoming hearing on a discretionary use permit, counsel for the legislative body transmits a memorandum to all members of the body outlining the litigation risks in granting or denying the permit. Must this memorandum be included in the packet of agenda materials available to the public? A. No. The memorandum is a privileged attorney-client communication.

Q. In connection with an agenda item calling for the legislative body to approve a contract, staff submits to all members of the body a financial analysis explaining why the terms of the contract favor the local agency. Must this memorandum be included in the packet of agenda materials available to the public?
A. Yes. The memorandum has been distributed to the majority of the legislative body, relates to the subject matter of a meeting, and is not a privileged communication.

A legislative body may discuss or act on some matters without considering written materials. But if writings are distributed to a majority of a legislative body in connection with an agenda item, they must also be available to the public. A nonexempt or otherwise non-privileged writing distributed to a majority of the legislative body less than 72 hours before the meeting must be made available for inspection at the time of distribution at a public office or location designated for that purpose, and the agendas for all meetings of the legislative body must include the address of this office or location.40 The location designated for public inspection must be open to the public, not a locked or closed office. Alternatively, the documents can be posted on the city's website for public review if statutory requirements are met.41
A writing distributed during a meeting must be made public:
At the meeting if prepared by the local agency or a member of its legislative body. After the meeting if prepared by some other person.42 This requirement does not prevent assessing a fee or deposit for providing a copy of a public record pursuant to the California Public Records Act except where required to accommodate persons with disabilities.43
Any tape or film record of an open and public meeting made for whatever purpose by or at the direction of the local agency is subject to the California Public Records Act; however, it may be erased or destroyed 30 days after the taping or recording. Any inspection of a video or tape recording is to be provided without charge on a video or tape player made available by the local agency.44 The agency may impose its ordinary charge for copies that is consistent with the California Public Records Act.45
In addition, the public is specifically allowed to use audio or videotape recorders or still or motion picture cameras at a meeting to record meetings of legislative bodies, absent a reasonable finding by the body that noise, illumination, or obstruction of view caused by recorders or cameras would persistently disrupt the proceedings.46
38 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 4: AGENDAS, NOTICES, AND PUBLIC PARTICIPATION
Similarly, a legislative body cannot prohibit or restrict the public broadcast of its open and public meetings without making a reasonable finding that the noise, illumination, or obstruction of view would persistently disrupt the proceedings.47
The public’s right to speak during a meeting
Every agenda for a regular meeting must allow members of the public to speak on any item of interest, as long as the item is within the subject matter jurisdiction of the legislative body. Further, the public must be allowed to speak on a specific item of business before or during the legislative body’s consideration of it.48
Q. Must the legislative body allow members of the public to show videos or make a PowerPoint presentation during the public comment part of the agenda, as long as the subject matter is relevant to the agency and is within the established time limit? A. Probably, although the agency is under no obligation to provide equipment.

Moreover, the Brown Act, as well as case law, prevents legislative bodies from prohibiting public criticism of policies, procedures, programs, or services of the agency or the acts or omissions of the legislative body itself.49 However, this prohibition does not provide immunity for defamatory statements.50
Q. May the presiding officer prohibit a member of the audience from publicly criticizing an agency employee by name during public comments?
A. No, as long as the criticism pertains to job performance.

Q. During the public comment period of a regular meeting of the legislative body, a resident urges the public to support and vote for a candidate vying for election to the body. May the presiding officer gavel the speaker out of order for engaging in political campaign speech?
A. There is no case law on this subject. Some would argue that purely campaign issues are outside the subject matter jurisdiction of the body within the meaning of Section 54954.3(a). Others take the view that the speech must be allowed under paragraph (c) of that section where relevant to the governing of the agency and an implicit criticism of the incumbents’ performance of city business.

The legislative body may adopt reasonable regulations, including a limit on the total time permitted for public comment and a limit on the time permitted per speaker.51 Such regulations should be enforced fairly and without regard to speakers’ viewpoints. The legislative body has discretion to modify its regulations regarding time limits on public comment if necessary. For example, the time limit could be shortened to accommodate a lengthy agenda or lengthened to allow additional time for discussion on a complicated matter.52
The public does not need to be given an opportunity to speak on an item that has already been considered by a committee made up exclusively of members of the legislative body at a regular (but not special) public meeting if all interested members of the public had the opportunity to PRACTICE TIP: Public speakers
cannot be compelled to give
their name or address as a
condition of speaking. The clerk
or presiding officer may request
speakers to complete a speaker
card or identify themselves for
the record but must respect a
speaker’s desire for anonymity.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 39
speak on the item before or during its consideration, and if the item has not been substantially changed.53
Notices and agendas for special meetings must also give members of the public the opportunity to speak before or during consideration of an item on the agenda but need not allow members of the public an opportunity to speak on other matters within the jurisdiction of the legislative body.54

ENDNOTES
1 Cal. Gov. Code, § 54954.2, subd. (a)(1).
2 78 Ops.Cal.Atty.Gen. 327 (1995).
3 88 Ops.Cal.Atty.Gen. 218 (2005).
4 Cal. Gov. Code, §§ 54954.2, subd. (a)(1) and 54954.2, subd. (d). 5 Cal. Gov. Code, § 54960.1, subd. (d)(1).
6 99 Ops.Cal.Atty.Gen. 11 (2016).
7 North Pacifica LLC v. California Coastal Commission (2008) 166 Cal.App.4th 1416, 1432.
8 99 Ops.Cal.Atty.Gen. 11 (2016).
9 Cal. Gov. Code, § 54954.2, subd. (a)(1).
10 San Joaquin Raptor Rescue v. County of Merced (2013) 216 Cal.App.4th 1167 (legislative body’s approval of California Environmental Quality Act [CEQA] action [mitigated negative declaration] without specifically listing it on the agenda violates the Brown Act, even if the agenda generally describes the development project that is the subject of the CEQA analysis). See also GI Industries v. City of Thousand Oaks (2022) 84 Cal.App.5th 814 (depublished) (Brown Act requires CEQA finding of exemption to be listed on agenda items that are projects under CEQA). 11 Hernandez v. Town of Apple Valley (2017) 7 Cal.App.5th 194. 12 Cal. Gov. Code, § 54954.5.
13 Cal. Gov. Code, § 54954.1.
14 Cal. Gov. Code, §§ 36934; 54956, subd. (b).
15 Cal. Gov. Code, § 54956, subds. (a) and (c).
16 Cal. Gov. Code, § 54955.
17 Cal. Gov. Code, § 54954.2, subd. (b)(3).
18 Cal. Gov. Code, § 54955.1.
19 Cal. Gov. Code, § 54956.5.
20 Cal. Gov. Code, § 54952.3.
21 Cal. Edu. Code, §§ 35144, 35145, and 72129.
22 Carlson v. Paradise Unified School District (1971) 18 Cal.App.3d 196. 23 Cal. Edu. Code, § 35145.5
24 Cal. Edu. Code, § 54954.6
25 See Cal. Const. Art. XIIIC, XIIID; Cal. Gov. Code, § 54954.6, subd. (h). 26 Cal. Gov. Code, § 54954.2, subd. (b).
27 Cal. Gov. Code, § 54954.2, subd. (a)(2); Cruz v. City of Culver City (2016) 2 Cal.App.5th 239 (sixminute colloquy on non-agenda item with staff answering questions and advising that matter could be placed on future agenda fell within exceptions to discussing or acting upon non-agenda items). 40 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
28 Cal. Gov. Code, § 54953.3.
29 Cal. Gov. Code, § 54961, subd. (a); Cal. Gov. Code, § 11135, subd. (a). 30 Cal. Gov. Code, § 54952.2, subd. (c)(2).
31 Cal. Gov. Code, § 54953, subd. (b).
32 Cal. Gov. Code, § 54953, subd. (c).
33 Cal. Gov. Code, § 54953, subd. (c)(2).
34 Cal. Gov. Code, §§ 54957.9, 54957.95.
35 Norse v. City of Santa Cruz (9th Cir. 2010) 629 F.3d 966 (silent and momentary Nazi salute directed toward mayor is not a disruption); Acosta v. City of Costa Mesa (9th Cir. 2013) 718 F.3d 800 (city council may not prohibit “insolent” remarks by members of the public absent actual disruption); but see Kirkland v. Luken (S.D. Ohio 2008) 536 F.Supp.2d 857 (finding no First Amendment violation by mayor for turning off microphone and removing speaker who used foul and inflammatory language that was deemed as "likely to incite the members of the audience during the meeting, cause disorder, and disrupt the meeting”).
36 Cal. Gov. Code, § 54957.95.
37 Cal. Gov. Code, § 54957.9.
38 Cal. Gov. Code, § 54957.5.
39 Cal. Gov. Code, § 54957.5, subd. (d).
40 Cal. Gov. Code, § 54957.5(b); see also Sierra Watch v. Placer County (2021) 69 Cal.App.5th 1. 41 Cal. Gov. Code § 54957.5.
42 Cal. Gov. Code, § 54957.5, subd. (c).
43 Cal. Gov. Code, § 54957.5, subd. (d).
44 Cal. Gov. Code, § 54953.5, subd. (b).
45 Cal. Gov. Code, § 54957.5, subd. (d).
46 Cal. Gov. Code, § 54953.5, subd. (a).
47 Cal. Gov. Code, § 54953.6.
48 Cal. Gov. Code, § 54954.3, subd. (a).
49 Cal. Gov. Code, § 54954.3, subd. (c); Acosta v. City of Costa Mesa (9th Cir. 2013) 718 F.3d 800. 50 Cal. Gov. Code, § 54954.3, subd. (c).
51 Ribakoff v. City of Long Beach (2018) 27 Cal.App.5th 150 (public comment time limit of three minutes for each speaker did not violate First Amendment).
52 Cal. Gov. Code, § 54954.3. subd. (b); Chaffee v. San Francisco Public Library Commission (2005) 134 Cal.App.4th 109; 75 Ops.Cal.Atty.Gen. 89 (1992).
53 Cal. Gov. Code, § 54954.3, subd. (a); Preven v. City of Los Angeles (2019) 32 Cal.App.5th 925. 54 Cal. Gov. Code, § 54954.3, subd. (a).

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT41 41 Chapter 5

CLOSED SESSIONS
Agendas and reports......................................................................................................... 42 Litigation............................................................................................................................ 43 Real estate negotiations ................................................................................................... 45 Public employment........................................................................................................... 46 Labor negotiations ............................................................................................................ 47 Labor negotiations — school and community college districts ....................................... 48 Other Education Code exceptions.................................................................................... 48 Joint powers authorities ................................................................................................... 48 License applicants with criminal records ......................................................................... 49 Public security................................................................................................................... 49 Multijurisdictional law enforcement agency .................................................................... 49 Hospital peer review and trade secrets ........................................................................... 49 Other legislative bases for closed session ....................................................................... 50 Who may attend closed sessions ..................................................................................... 50 The confidentiality of closed session discussions............................................................ 51 42 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
A closed session is a meeting of a legislative body conducted in private without the attendance of the public or press. A legislative body is authorized to meet in closed session only to the extent expressly authorized by the Brown Act.1
As summarized in chapter 1 of this guide, it is clear that the Brown Act must be interpreted liberally in favor of open meetings, and exceptions that limit public access (including the exceptions for closed session meetings) must be narrowly construed.2 The most common purposes of the closed
session provisions in the Brown Act are to avoid revealing confidential information (e.g., prejudicing the city’s position in litigation or compromising the privacy interests of employees).

Closed sessions should be conducted keeping those narrow purposes in mind. It is not enough that a subject is sensitive, embarrassing, or controversial. Without specific authority in the Brown Act for a closed session, a matter to be considered by a legislative body must be discussed in public. However, there is no prohibition in putting overlapping exceptions on an agenda in order to provide an opportunity for more robust closed session discussions. As an example, a city council cannot give direction to the city manager about a property negotiation during a performance evaluation exception. However, if both real property negotiation and performance evaluation exceptions are on the agenda, those discussions might be conducted.

Similarly, a board of police commissioners cannot meet in closed session to provide general policy guidance to a police chief, even though some matters are sensitive and the commission considers their disclosure contrary to the public interest.3
In this chapter, the grounds for convening a closed session are called “exceptions” because they are exceptions to the general rule that meetings must be conducted openly. In some circumstances, none of the closed session exceptions applies to an issue or information the legislative body wishes to discuss privately. In these cases, it is not proper to convene a closed session, even to protect confidential information. For example, although the Brown Act does authorize closed sessions related to specified types of contracts (e.g., specified provisions of real property agreements, employee labor agreements, and litigation settlement agreements),4 the Brown Act does not authorize closed sessions for other contract negotiations.

Agendas and reports
Closed session items must be briefly described on the posted agenda, and the description must state the specific statutory exemption.5 An item that appears on the open meeting portion of the agenda may not be taken into closed session until it has been properly put on the agenda as a Chapter 5

CLOSED SESSIONS
PRACTICE TIP: Some problems
over closed sessions arise
because secrecy itself breeds
distrust. The Brown Act does
not require closed sessions and
legislative bodies may do well
to resist the tendency to call a
closed session simply because
it may be permitted. A better
practice is to go into closed
session only when necessary.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 43
closed session item or unless it is properly added as a closed-session item by a two-thirds vote of the body after making the appropriate urgency findings.6 The Brown Act supplies a series of fill-in-the-blank sample agenda descriptions for various types of authorized closed sessions that provide a “safe harbor” from legal attacks. These sample agenda descriptions cover license and permit determinations, real property negotiations, existing or anticipated litigation, liability claims, threats to security, public employee appointments, evaluations and discipline, labor negotiations, multijurisdictional law enforcement cases, hospital boards of directors, medical quality assurance committees, joint powers agencies, and audits by the California State Auditor’s Office.7
If the legislative body intends to convene in closed session, it must include the section of the Brown Act authorizing the closed session in advance on the agenda, and it must make a public announcement prior to the closed session discussion. In most cases, the announcement may simply be a reference to the agenda item.8 The legislative body must take public comment on the closed session item before convening in a closed session.

Following a closed session, the legislative body must provide an oral or written report on certain actions taken and the vote of every elected member present. The timing and content of the report vary according to the reason for the closed session and the action taken.9 The announcements may be made at the site of the closed session, as long as the public is allowed to be present to hear them.

If there is a standing or written request for documentation, any copies of contracts, settlement agreements, or other documents finally approved or adopted in closed session must be provided to the requestor(s) after the closed session if final approval of such documents does not rest with any other party to the contract or settlement. If substantive amendments to a contract or settlement agreement approved by all parties requires retyping, such documents may be held until retyping is completed during normal business hours, but the substance of the changes must be summarized for any person inquiring about them.10
The Brown Act does not require minutes, including minutes of closed sessions. However, a legislative body may adopt an ordinance or resolution to authorize a confidential “minute book” be kept to record actions taken at closed sessions.11 If one is kept, it must be made available to members of the legislative body, provided that the member asking to review minutes of a particular meeting was not disqualified from attending the meeting due to a conflict of interest.12 A court may order the disclosure of minute books for the court’s review if a lawsuit makes sufficient claims of an open meeting violation.

Litigation
The Brown Act expressly authorizes closed sessions to discuss what is considered pending litigation.13 The rules that apply to holding a litigation closed session involve complex, technical definitions and procedures. Essentially, a closed session can be held by the body to confer with, or receive advice from, its legal counsel when open discussion would prejudice the position of the local agency in litigation in which the agency is, or could become, a party.14 The litigation exception under the Brown Act is narrowly construed and does not permit activities beyond a legislative body’s conferring with its own legal counsel and required support staff.15 For example, it is not permissible to hold a closed session in which settlement negotiations take place between a legislative body, a representative of an adverse party, and a mediator.16 PRACTICE TIP: Pay close
attention to closed session
agenda descriptions. Using
the wrong label can lead
to invalidation of an action
taken in closed session if not
substantially compliant.
44 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
The California Attorney General has opined that if the agency’s attorney is not a participant, a litigation closed session cannot be held.17 In any event, local agency officials should always consult the agency’s attorney before placing this type of closed session on the agenda in order to be certain that it is being done properly.

Before holding a closed session under the pending litigation exception, the legislative body must publicly state the basis for the closed session by identifying one of the following three types of matters: existing litigation, anticipated exposure to litigation, or anticipated initiation of litigation.18 Existing litigation
Q. May the legislative body agree to settle a lawsuit in a properly noticed closed session without placing the settlement agreement on an open session agenda for public approval? A. Yes, but the settlement agreement is a public document and must be disclosed on request. Furthermore, a settlement agreement cannot commit the agency to matters that are required to have public hearings.19
Existing litigation includes any adjudicatory proceedings before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. The clearest situation in which a closed session is authorized is when the local agency meets with its legal counsel to discuss a pending matter that has been filed in a court or with an administrative agency and names the local agency as a party. The legislative body may meet under these circumstances to receive updates on the case from attorneys, participate in developing strategy as the case develops, or consider alternatives for resolution of the case. Generally, an agreement to settle litigation may be approved in closed session. However, an agreement to settle litigation cannot be approved in closed session if it commits the city to take an action that is required to have a public hearing.20
Anticipated exposure to litigation against the
local agency
Closed sessions are authorized for legal counsel to inform the legislative body of a significant exposure to litigation against the local agency, but only if based on “existing facts and circumstances” as defined by the Brown Act.21 The legislative body may also meet under this exception to determine whether a closed session is authorized based on information provided by legal counsel or staff. In general, the “existing facts and circumstances” must be publicly disclosed unless they are privileged written communications or not yet known to a potential plaintiff. If an agency receives a documented threat of litigation, and intends to discuss that matter in closed session, the record of a litigation threat must be included in the body’s agenda packet.22
OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 45
Anticipated initiation of litigation by the local agency A closed session may be held under the exception for the anticipated initiation of litigation when the legislative body seeks legal advice on whether to protect the agency’s rights and interests by initiating litigation.

Certain actions must be reported in open session at the same meeting following the closed session.

Other actions, such as when final approval rests with another party or the court, may be announced when they become final and upon inquiry of any person.23 Each agency attorney should be aware of and make the disclosures that are required by the particular circumstances.

Real estate negotiations
A legislative body may meet in closed session with its negotiator to discuss the purchase, sale, exchange, or lease of real property by or for the local agency. A “lease” includes a lease renewal or renegotiation. The purpose is to grant authority to the legislative body’s negotiator on price and terms of payment.24 Caution should be exercised to limit discussion to price and terms of payment without straying to other related issues, such as site design, architecture, or other aspects of the project for which the transaction is contemplated.25
Q. May other terms of a real estate transaction, aside from price and terms of payment, be addressed in closed session?
A. No. However, there are differing opinions over the scope of the phrase “price and terms of payment” in connection with real estate closed sessions. Many agency attorneys argue that any term that directly affects the economic value of the transaction falls within the ambit of “price and terms of payment.” Others take a narrower, more literal view of the phrase.

The agency’s negotiator may be a member of the legislative body itself. Prior to the closed session, or on the agenda, the legislative body must identify its negotiators, the real property that the negotiations may concern,26 and the names of the parties with whom its negotiator may negotiate.27 After real estate negotiations are concluded, the approval and substance of the agreement must be publicly reported. If its own approval makes the agreement final, the body must report in open session at the public meeting during which the closed session is held. If final approval rests with another party, the local agency must report the approval and the substance of the agreement upon inquiry by any person as soon as the agency is informed of it.28 “Our population is exploding, and we have to think about new school sites,” said Board Member Jefferson.
“Not only that,” interjected Board Member Tanaka, “we need to get rid of a couple of our older facilities.”
“Well, obviously the place to do that is in a closed session,” said Board Member O’Reilly. “Otherwise we’re going to set off land speculation. And if we even mention closing a school, parents are going to be in an uproar.” 46 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
A closed session to discuss potential sites is not authorized by the Brown Act. The exception is limited to meeting with its negotiator over specific sites — which must be identified at an open and public meeting.

Public employment
The Brown Act authorizes a closed session “to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee.”29 The purpose of this exception — commonly referred to as the “personnel exception” — is to avoid undue publicity or embarrassment for an employee or applicant for employment and to allow full and candid discussion by the legislative body; thus, it is restricted to discussing individuals, not general personnel policies.30 The body must possess the power to appoint, evaluate, or dismiss the employee to hold a closed session under this exception.31 That authority may be delegated to a subsidiary appointed body.32 An employee must be given at least 24 hours’ notice of any closed session convened to hear specific complaints or charges against them. This occurs when the legislative body is reviewing evidence, which could include live testimony, and adjudicating conflicting testimony offered as evidence. A legislative body may examine (or exclude) witnesses,33 and the California Attorney General has opined that, when an affected employee and advocate have an official or essential role to play, they may be permitted to participate in the closed session.34 The employee has the right to have the specific complaints and charges discussed in a public session rather than closed session.35 If the employee is not given the 24-hour prior notice, any disciplinary action is null and void.36
However, an employee is not entitled to notice and a hearing where the purpose of the closed session is to consider a performance evaluation. The Attorney General and the courts have determined that personnel performance evaluations do not constitute complaints and charges, which are more akin to accusations made against a person.37 Q. Must 24 hours’ notice be given to an employee whose negative performance evaluation is to be considered by the legislative body in closed session? A. No, the notice is reserved for situations where the body is to hear complaints and charges from witnesses.

Correct labeling of the closed session on the agenda is critical. A closed session agenda that identified discussion of an employment contract was not sufficient to allow dismissal of an employee.38 An incorrect agenda description can result in invalidation of an action and much embarrassment.

For purposes of the personnel exception, “employee” specifically includes an officer or an independent contractor who functions as an officer or an employee. Examples of the former include a city manager, district general manager, or superintendent. Examples of the latter include a legal counsel or engineer hired on contract to act as local agency attorney or chief engineer.

PRACTICE TIP: Discussions of
who to appoint to an advisory
body and whether or not to
censure a fellow member of the
legislative body must be held in
the open.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 47
Elected officials, appointees to the governing body or subsidiary bodies, and independent contractors other than those discussed above are not employees for purposes of the personnel exception.39 Action on individuals who are not “employees” must also be public — including discussing and voting on appointees to committees, debating the merits of independent contractors, or considering a complaint against a member of the legislative body itself.

The personnel exception specifically prohibits discussion or action on proposed compensation in closed session except for a disciplinary reduction in pay. That means, among other things, there can be no personnel closed sessions on a salary change (other than a disciplinary reduction) between any unrepresented individual and the legislative body. However, a legislative body may address the compensation of an unrepresented individual, such as a city manager, in a closed session as part of a labor negotiation (discussed later in this chapter), yet another example of the importance of using correct agenda descriptions.

Reclassification of a job must be public, but an employee’s ability to fill that job may be considered in closed session.

Any closed session action to appoint, employ, dismiss, accept the resignation of, or otherwise affect the employment status of a public employee must be reported at the public meeting during which the closed session is held. That report must identify the title of the position, but not the names of all persons considered for an employment position.40 However, a report on a dismissal or non-renewal of an employment contract must be deferred until administrative remedies, if any, are exhausted.41
“I have some important news to announce,” said Mayor Garcia. “We’ve decided to terminate the contract of the city manager effective immediately.

The council has met in closed session, and we’ve negotiated six months’ severance pay.”
“Unfortunately, that has some serious budget consequences, so we’ve had to delay phase two of the East Area Project.”
This may be an improper use of the personnel closed session if the council agenda described the item as the city manager’s evaluation. In addition, other than labor negotiations, any action on individual compensation must be taken in open session.

Caution must be exercised not to discuss in closed session issues, such as budget impacts in this hypothetical, beyond the scope of the posted closed session notice.

Labor negotiations
The Brown Act allows closed sessions for some aspects of labor negotiations. Different provisions (discussed below) apply to school and community college districts.

A legislative body may meet in closed session to instruct its bargaining representatives, which may be one or more of its members,42 on employee salaries and fringe benefits for both represented (“union”) and unrepresented employees. For represented employees, it may also consider working conditions that by law require negotiation. For the purpose of labor negotiation closed sessions, an “employee” includes an officer or an independent contractor who functions as an officer or an employee, but independent contractors who do not serve in the capacity of an officer or employee are not covered by this closed session exception.43
PRACTICE TIP: The personnel
exception specifically prohibits
discussion or action on
proposed compensation in
closed session except for a
disciplinary reduction in pay.
48 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
These closed sessions may take place before or during negotiations with employee representatives. Prior to the closed session, the legislative body must hold an open and public session in which it identifies its designated representatives.

During its discussions with representatives on salaries and fringe benefits, the legislative body may discuss available funds and funding priorities, but only to instruct its representative. The body may also meet in closed session with a conciliator who has intervened in negotiations. 44 The approval of an agreement concluding labor negotiations with represented employees must be reported after the agreement is final and has been accepted or ratified by the other party. The report must identify the item approved and the other party or parties to the negotiation.45 The labor closed sessions specifically cannot include final action on proposed compensation of one or more unrepresented employees.

Labor negotiations — school and community college districts Employee relations for school districts and community college districts are governed by the Rodda Act, where different meeting and special notice provisions apply. The entire board, for example, may negotiate in closed sessions.

Four types of meetings are exempted from compliance with the Rodda Act:

1. A negotiating session with a recognized or certified employee organization.

2. A meeting of a mediator with either side.

3. A hearing or meeting held by a fact finder or arbitrator.

4. A session between the board and its bargaining agent, or the board alone, to discuss its position regarding employee working conditions and instruct its agent.46 Public participation under the Rodda Act also takes another form.47 All initial proposals of both sides must be presented at public meetings and are public records. The public must be given reasonable time to inform itself and to express its views before the district may adopt its initial proposal. In addition, new topics of negotiations must be made public within 24 hours. Any votes on such a topic must be followed within 24 hours by public disclosure of the vote of each member.48 The final vote must be in public.

Other Education Code exceptions
The Education Code governs student disciplinary meetings by boards of school districts and community college districts. District boards may hold a closed session to consider the suspension or discipline of a student if a public hearing would reveal personal, disciplinary, or academic information about the student contrary to state and federal pupil privacy law. The student’s parent or guardian may request an open meeting.49
Community college districts may also hold closed sessions to discuss some student disciplinary matters, awarding of honorary degrees, or gifts from donors who prefer to remain anonymous.50 Kindergarten through 12th grade districts may also meet in closed session to review the contents of the statewide assessment instrument.51
PRACTICE TIP: Prior to the closed
session, the legislative body
must hold an open and public
session in which it identifies its
designated representatives.

PRACTICE TIP: Attendance by the
entire legislative body before a
grand jury would not constitute
a closed session meeting under
the Brown Act.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 49
Joint powers authorities
The legislative body of a joint powers authority may adopt a policy regarding limitations on disclosure of confidential information obtained in closed session, and may meet in closed session to discuss information that is subject to the policy.52 License applicants with criminal records
A closed session is permitted when an applicant who has a criminal record applies for a license or license renewal and the legislative body wishes to discuss whether the applicant is sufficiently rehabilitated to receive the license. The applicant and the applicant’s attorney are authorized to attend the closed session meeting. If the body decides to deny the license, the applicant may withdraw the application. If the applicant does not withdraw it, the body must deny the license in public, either immediately or at its next meeting. No information from the closed session can be revealed without consent of the applicant, unless the applicant takes action to challenge the denial.53
Public security
Legislative bodies may meet in closed session to discuss matters posing a threat to the security of public buildings; essential public services, including water, sewer, gas, or electric service; or to the public’s right of access to public services or facilities over which the legislative body has jurisdiction. Closed session meetings for these purposes must be held with designated security or law enforcement officials, including the Governor, Attorney General, district attorney, agency attorney, sheriff or chief of police, or their deputies or agency security consultant or security operations manager.54 Action taken in closed session with respect to such public security issues is not reportable action.

Multijurisdictional law enforcement agency
A joint powers agency formed to provide law enforcement services (involving drugs; gangs; sex crimes; firearms trafficking; felony possession of a firearm; high technology, computer, or identity theft; human trafficking; or vehicle theft) to multiple jurisdictions may hold closed sessions to discuss case records of an ongoing criminal investigation, to hear testimony from persons involved in the investigation, and to discuss courses of action in particular cases.55 The exception applies to the legislative body of the joint powers agency and to any body advisory to it. The purpose is to prevent impairment of investigations, to protect witnesses and informants, and to permit discussion of effective courses of action.56 Hospital peer review and trade secrets
Two specific kinds of closed sessions are allowed for district hospitals and municipal hospitals under other provisions of law:57

1. A meeting to hear reports of hospital medical audit or quality assurance committees or for related deliberations. However, an applicant or medical staff member whose staff privileges are the direct subject of a hearing may request a public hearing.

2. A meeting to discuss “reports involving trade secrets” — provided no action is taken. 50 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
A “trade secret” is defined as information that is not generally known to the public or competitors and that (1) “derives independent economic value, actual or potential” by virtue of its restricted knowledge; (2) is necessary to initiate a new hospital service or program or facility; and (3) would, if prematurely disclosed, create a substantial probability of depriving the hospital of a substantial economic benefit.

The provision prohibits use of closed sessions to discuss transitions in ownership or management, or the district’s dissolution.58 Other legislative bases for closed session
Since any closed session meeting of a legislative body must be authorized by the Legislature, it is important to review the Brown Act carefully to determine if there is a provision that authorizes a closed session for a particular subject matter. There are some less frequently encountered topics that are authorized to be discussed by a legislative body in closed session under the Brown Act, including a response to a confidential final draft audit report from the Bureau of State Audits,59 consideration of the purchase or sale of particular pension fund investments by a legislative body of a local agency that invests pension funds,60 hearing a charge or complaint from a member enrolled in a health plan by a legislative body of a local agency that provides MediCal services,61 discussions by a county board of supervisors that governs a health plan licensed pursuant to the Knox-Keene Health Care Services Plan Act related to trade secrets or contract negotiations concerning rates of payment,62 and discussions by an insurance pooling joint powers agency related to a claim filed against, or liability of, the agency or a member of the agency.63 Who may attend closed sessions
Meetings of a legislative body are either fully open or fully closed; there is nothing in between.

Therefore, local agency officials and employees must pay particular attention to the authorized attendees for the particular type of closed session. As summarized above, the authorized attendees may differ based on the topic of the closed session. Closed sessions may involve only the members of the legislative body and only agency counsel, management and support staff, and consultants necessary for consideration of the matter that is the subject of closed session, with very limited exceptions for adversaries or witnesses with official roles in particular types of hearings (e.g., personnel disciplinary hearings and license hearings). In any case, individuals who do not have an official or essential role in the closed session subject matters must be excluded from closed sessions.65
Q. May the lawyer for someone suing the agency attend a closed session in order to explain to the legislative body why it should accept a settlement offer? A. No, attendance in closed sessions is reserved exclusively for the agency’s advisors.

PRACTICE TIP: Meetings are
either open or closed. There is
nothing “in between.”64
OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 51
The confidentiality of closed session discussions
The Brown Act explicitly prohibits the unauthorized disclosure of confidential information acquired in a closed session by any person present, and offers various remedies to address breaches of confidentiality.66 It is incumbent upon all those attending lawful closed sessions to protect the confidentiality of those discussions. One court has held that members of a legislative body cannot be compelled to divulge the content of closed session discussions through the discovery process.67 Only the legislative body acting as a body may agree to divulge confidential closed session information. With regard to attorney-client privileged communications, the entire body is the holder of the privilege, and only the entire body can decide to waive the privilege.68 Before adoption of the Brown Act provision specifically prohibiting disclosure of closed session communications, agency attorneys and the Attorney General long opined that officials have a fiduciary duty to protect the confidentiality of closed session discussions. The Attorney General issued an opinion that it is “improper” for officials to disclose information regarding pending litigation that was received during a closed session,69 though the Attorney General has also concluded that a local agency is preempted from adopting an ordinance criminalizing public disclosure of closed session discussions.70 In any event, in 2002, the Brown Act was amended to prescribe particular remedies for breaches of confidentiality. These remedies include injunctive relief and, if the breach is a willful disclosure of confidential information, disciplinary action against an employee and referral of a member of the legislative body to the grand jury.71 The duty of maintaining confidentiality, of course, must give way to the responsibility to disclose improper matters or discussions that may come up in closed sessions. In recognition of this public policy, under the Brown Act, a local agency may not penalize a disclosure of information learned during a closed session if the disclosure (1) is made in confidence to the district attorney or the grand jury due to a perceived violation of law; (2) is an expression of opinion concerning the propriety or legality of actions taken in closed session, including disclosure of the nature and extent of the illegal action; or (3) is information that is not confidential.72 The interplay between these possible sanctions and an official’s First Amendment rights is complex and beyond the scope of this guide. Suffice it to say that this is a matter of great sensitivity and controversy.
“I want the press to know that I voted in closed session against filing the eminent domain action,” said Council Member Chang.
“Don’t settle too soon,” reveals Council Member Watson to the property owner, over coffee. “The city’s offer coming your way is not our bottom line.” The first comment to the press may be appropriate if it is a part of an action taken by the city council in closed session that must be reported publicly.73 The second comment to the property owner is not. Disclosure of confidential information acquired in closed session is expressly prohibited and harmful to the agency.

PRACTICE TIP: There is a strong
interest in protecting the
confidentiality of proper and
lawful closed sessions.
52 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS

ENDNOTES
1 Cal. Gov. Code, § 54962.
2 Cal. Const. , Art. 1, § 3.
3 61 Ops.Cal.Atty.Gen. 220 (1978); but see Cal. Gov. Code, § 54957.8 (multijurisdictional law enforcement agencies are authorized to meet in closed session to discuss the case records of ongoing criminal investigations and other related matters).
4 Cal. Gov. Code, § 54957.1.
5 Cal. Gov. Code, § 54954.5.
6 Cal. Gov. Code, § 54954.2.
7 Cal. Gov. Code, § 54954.5.
8 Cal. Gov. Code, §§ 54956.9, 54957.7.
9 Cal. Gov. Code, § 54957.1, subd. (a).
10 Cal. Gov. Code, § 54957.1, subd. (b).
11 Cal. Gov. Code, § 54957.2.
12 Hamilton v. Town of Los Gatos (1989) 213 Cal.App.3d 1050; 2 Cal. Code Regs. § 18707. 13 But see Roberts v. City of Palmdale (1993) 5 Cal.4th 363 (protection of the attorney-client privilege alone cannot by itself be the reason for a closed session). 14 Cal. Gov. Code, § 54956.9; Shapiro v. Board of Directors of Center City Development Corp. (2005) 134 Cal.App.4th 170 (agency must be a party to the litigation). 15 82 Ops.Cal.Atty.Gen. 29 (1999).
16 Page v. Miracosta Community College District (2009) 180 Cal.App.4th 471. 17 “The Brown Act,” California Attorney General (2003), p. 40. 18 Cal. Gov. Code, § 54956.9, subd. (g).
19 See e.g., Avco Community Developers, Inc. v. South Coast Regional Com. (1976) 17 Cal.3d 785; Trancas Property Owners Assn. v. City of Malibu (2006) 138 Cal.App.4th 172. 20 Trancas Property Owners Assn. v. City of Malibu (2006) 138 Cal.App.4th 172. 21 Cal. Gov. Code, § 54956.9, subd. (e).
22 Fowler v. City of Lafayette (2020) 46 Cal.App.5th 360. 23 Cal. Gov. Code, § 54957.1.
24 Cal. Gov. Code, § 54956.8.
25 Shapiro v. San Diego City Council (2002) 96 Cal.App.4th 904. See also 93 Ops.Cal.Atty.Gen. 51 (2010) (redevelopment agency may not convene a closed session to discuss rehabilitation loan for a property already subleased to a loan recipient, even if the loan incorporates some of the sublease terms and includes an operating covenant governing the property); 94 Ops.Cal.Atty.Gen. 82 (2011) (real estate closed session may address form, manner, and timing of consideration and other items that cannot be disclosed without revealing price and terms).
26 73 Ops.Cal.Atty.Gen. 1 (1990).
27 Cal. Gov. Code, §§ 54956.8, 54954.5, subd. (b).
28 Cal. Gov. Code, § 54957.1, subd. (a)(1).
29 Cal. Gov. Code, § 54957, subd. (b).
30 63 Ops.Cal.Atty.Gen. 153 (1980); but see Duvall v. Board of Trustees (2000) 93 Cal.App.4th 902 (board may discuss personnel evaluation criteria, process and other preliminary matters in closed session but only if related to the evaluation of a particular employee).

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 53
31 Gillespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165; 85 Ops.Cal.Atty.Gen. 77 (2002).
32 Gillespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165; 80 Ops.Cal.Atty.Gen. 308 (1997). Interviews of candidates to fill a vacant staff position conducted by a temporary committee appointed by the governing body may be done in closed session. 33 Cal. Gov. Code, § 54957, subd. (b)(3).
34 88 Ops.Cal.Atty.Gen. 16 (2005).
35 Morrison v. Housing Authority of the City of Los Angeles (2003) 107 Cal.App.4th 860. 36 Cal. Gov. Code, § 54957, subd. (b); but see Bollinger v. San Diego Civil Service Commission (1999) 71 Cal.App.4th 568 (notice not required for closed session deliberations regarding complaints or charges when there was a public evidentiary hearing prior to closed session). 37 78 Ops.Cal.Atty.Gen. 218 (1995); Bell v. Vista Unified School District (2000) 82 Cal.App.4th 672; Furtado v. Sierra Community College (1998) 68 Cal.App.4th 876; Fischer v. Los Angeles Unified School District (1999) 70 Cal.App.4th 87.
38 Moreno v. City of King (2005) 127 Cal.App.4th 17.
39 Cal. Gov. Code, § 54957.
40 Gillespie v. San Francisco Public Library Commission (1998) 67 Cal.App.4th 1165. 41 Cal. Gov. Code, § 54957.1, subd. (a)(5).
42 Cal. Gov. Code, § 54957.6.
43 Cal. Gov. Code, § 54957.6, subd. (b); see also 98 Ops.Cal.Atty.Gen. 41 (2015) (a project labor agreement between a community college district and workers hired by contractors or subcontractors is not a proper subject of closed session for labor negotiations because the workers are not “employees” of the district).
44 Cal. Gov. Code, § 54957.6; 51 Ops.Cal.Atty.Gen. 201 (1968). 45 Cal. Gov. Code, § 54957.1, subd. (a)(6).
46 Cal. Gov. Code, § 3549.1.
47 Cal. Gov. Code, § 3540.
48 Cal. Gov. Code, § 3547.
49 Cal. Edu. Code, § 48918; but see Rim of the World Unified School District v. Superior Court (2003) 104 Cal.App.4th 1393 (Section 48918 preempted by the Federal Family Educational Right and Privacy Act in regard to expulsion proceedings).
50 Cal. Edu. Code, § 72122.
51 Cal. Edu. Code, § 60617.
52 Cal. Gov. Code, § 54956.96.
53 Cal. Gov. Code, § 54956.7.
54 Cal. Gov. Code, § 54957.
55 McKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (2005) 134 Cal.

App.4th 354.
56 Cal. Gov. Code, § 54957.8.
57 Cal. Gov. Code, § 54962.
58 Cal. Health and Saf. Code, § 32106.
59 Cal. Gov. Code, § 54956.75.
60 Cal. Gov. Code, § 54956.81.
54 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 5: CLOSED SESSIONS
61 Cal. Gov. Code, § 54956.86.
62 Cal. Gov. Code, § 54956.87.
63 Cal. Gov. Code, § 54956.95.
64 Ops.Cal.Atty.Gen. 34 (1965)
65 82 Ops.Cal.Atty.Gen. 29 (1999); 2022 WL 1814322, 105 Ops. Cal.Atty.Gen. 89 (2022). 66 Cal. Gov. Code, § 54963.
67 Kleitman v. Superior Court (1999) 74 Cal.App.4th 324, 327. See also Cal. Gov. Code, § 54963. 68 Roberts v. City of Palmdale (1993) 5 Cal.4th 363.
69 80 Ops.Cal.Atty.Gen. 231 (1997).
70 76 Ops.Cal.Atty.Gen. 289 (1993).
71 Cal. Gov. Code, § 54963.
72 Cal. Gov. Code, § 54963.
73 Cal. Gov. Code, § 54957.1.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT55 55 Chapter 6

REMEDIES
Invalidation of action taken .............................................................................................. 56 Declaratory relief to determine whether past action violated the act............................. 57 Civil action to prevent future violations............................................................................ 57 Costs and attorney’s fees ................................................................................................. 58 Misdemeanor penalties .................................................................................................... 58 Voluntary resolution.......................................................................................................... 59 56 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 6: REMEDIES
A violation of the Brown Act can lead to invalidation of the agency’s action, payment of a challenger’s attorney fees, public embarrassment, and even criminal prosecution. As explained below, a legislative body often has an opportunity to correct a violation prior to the filing of a lawsuit. Compliance ultimately results from regular training and a good measure of self-regulation on the part of public officials.

This chapter discusses the remedies available to the public when that self-regulation is ineffective.

Invalidation of action taken
Any interested person, including the district attorney, may seek to invalidate certain actions of a legislative body on the grounds that they violate the Brown Act.1 The following actions cannot be invalidated:
Those taken in substantial compliance with the law. No Brown Act violation is found when the given notice substantially complies with the Brown Act, even when the notice erroneously cites the wrong Brown Act section but adequately advises the public that the legislative body will meet with legal counsel to discuss potential litigation in closed session.2
Those involving the sale or issuance of notes, bonds, or other indebtedness, or any related contracts or agreements.3
Those creating a contractual obligation, including a contract awarded by competitive bid for other than compensation for professional services, upon which a party has in good faith relied to its detriment.4
Those connected with the collection of any tax.5

Those in which the complaining party had actual notice at least 72 hours prior to the regular meeting or 24 hours prior to the special meeting, as the case may be, at which the action is taken.6
Before filing a court action seeking invalidation, a person who believes that a violation has occurred must send a written “cure or correct” demand to the legislative body. This demand must clearly describe the challenged action and the nature of the claimed violation. This demand must be sent within 90 days of the alleged violation, or within 30 days if the action was taken in open session but in violation of Section 54954.2, which requires (subject to specific exceptions) that a legislative body may act only on items posted on the agenda.7 The legislative body then has up to 30 days to cure and correct its action.8 The purpose of this requirement is to offer the body an opportunity to consider whether a violation has occurred and, if so, consider correcting the action to avoid the costs of litigation. If the legislative body does not act, any lawsuit must be filed within the next 15 days.9
Chapter 6

REMEDIES
OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 57
Although just about anyone has standing to bring an action for invalidation,10 the challenger must show prejudice as a result of the alleged violation.11 An action to invalidate fails to state a cause of action against the agency if the body deliberated but did not take an action.12 Declaratory relief to determine whether past action violated the act Any interested person, including the district attorney, may file a civil action to determine whether a past action of a legislative body constitutes a violation of the Brown Act and is subject to a mandamus, injunction, or declaratory relief action.13 Before filing an action, the interested person must, within nine months of the alleged violation of the Brown Act, submit a “cease and desist” letter to the legislative body clearly describing the past action and the nature of the alleged violation.14 The legislative body has 30 days after receipt of the letter to provide an unconditional commitment to cease and desist from the past action.15 If the body fails to take any action within the 30-day period or takes an action other than an unconditional commitment, the interested person has 60 days to file an action.16
The legislative body’s unconditional commitment must be approved at a regular or special meeting as a separate item of business and not on the consent calendar.17 The unconditional commitment must be substantially in the form set forth in the Brown Act.18 No legal action may thereafter be commenced regarding the past action.19 However, an action of the legislative body in violation of its unconditional commitment constitutes an independent violation of the Brown Act, and a legal action consequently may be commenced without following the procedural requirements for challenging past actions.20
The legislative body may rescind its prior unconditional commitment by a majority vote of its membership at a regular meeting as a separate item of business not on the consent calendar. At least 30 days written notice of the intended rescission must be given to each person to whom the unconditional commitment was made and to the district attorney. Upon rescission, any interested person may commence a legal action regarding the past actions without following the procedural requirements for challenging past actions.21
Civil action to prevent future violations
The district attorney or any interested person can file a civil action asking the court to do the following:
Stop or prevent violations or threatened violations of the Brown Act by members of the legislative body.
Determine the applicability of the Brown Act to actions or threatened future action of the legislative body.
Determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid under state or federal law.
Compel the legislative body to audio-record its closed sessions.22 PRACTICE TIP: A lawsuit to
invalidate must be preceded by
a demand to cure and correct
the challenged action in order
to give the legislative body
an opportunity to consider its
options. The Brown Act does not
specify how to cure or correct
a violation; the best method
is to rescind the action being
complained of and start over, or
reaffirm the action if the local
agency relied on the action and
rescinding the action would
prejudice the local agency.
58 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 6: REMEDIES
It is not necessary for a challenger to prove a past pattern or practice of violations by the local agency in order to obtain injunctive relief. A court may presume when issuing an injunction that a single violation will continue in the future when the public agency refuses to admit to the alleged violation or to renounce or curtail the practice.23 A court may not compel elected officials to disclose their recollections of what transpired in a closed session.24 Upon finding a violation of the Brown Act pertaining to closed sessions, a court may compel the legislative body to audio record its future closed sessions.25 In a subsequent lawsuit to enforce the Brown Act alleging a violation occurring in closed session, a court may upon motion of the plaintiff review the audio recording if it finds there is good cause to think the Brown Act has been violated and make public a certified transcript of the relevant portion of the closed session recording.26 Costs and attorney’s fees
A plaintiff who successfully invalidates an action taken in violation of the Brown Act or who successfully enforces one of the Brown Act’s civil remedies may seek court costs and reasonable attorney’s fees. Courts have held that attorney’s fees must be awarded to a successful plaintiff unless special circumstances exist that would make a fee award against the public agency unjust.27 When evaluating how to respond to assertions that the Brown Act has been violated, elected officials and their lawyers should assume that attorney’s fees will be awarded against the agency if a violation of the Brown Act is proven.

An attorney’s fee award may only be directed against the local agency and not the individual members of the legislative body. If the local agency prevails, it may be awarded court costs and attorney’s fees if the court finds the lawsuit was clearly frivolous and lacking in merit.28 Misdemeanor penalties
A violation of the Brown Act is a misdemeanor if (1) a member of the legislative body attends a meeting where action is taken in violation of the Brown Act, and (2) the member intends to deprive the public of information that the member knows or has reason to know the public is entitled to.29 “Action taken” is not only an actual vote but also a collective decision, commitment, or promise by a majority of the legislative body to make a positive or negative decision.30 If the meeting involves mere deliberation without the taking of action, there can be no misdemeanor penalty.

A violation occurs for a tentative as well as final decision.31 In fact, criminal liability is triggered by a member’s participation in a meeting in violation of the Brown Act — not whether that member has voted with the majority or minority, or has voted at all.

As with other misdemeanors, the filing of a complaint is up to the district attorney. Although criminal prosecutions of the Brown Act are uncommon, district attorneys in some counties aggressively monitor public agencies’ adherence to the requirements of the law.

Some attorneys and district attorneys take the position that a Brown Act violation may be pursued criminally under Government Code section 1222.32 There is no case law to support this view.

If anything, the existence of an express criminal remedy within the Brown Act would suggest otherwise.33
PRACTICE TIP: Attorney’s fees
will likely be awarded if a
violation of the Brown Act is
proven.

OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT 59
Voluntary resolution
Successful enforcement actions for violations of the Brown Act can be costly to local agencies. The district attorney or even the grand jury occasionally becomes involved. Publicity surrounding alleged violations of the Brown Act can result in a loss of confidence by constituents in the legislative body and its members. It is in the agency’s interest to consider re-noticing and rehearing, rather than litigating, an item of significant public interest, particularly when there is any doubt about whether the open meeting requirements were
satisfied.

Overall, agencies that regularly train their officials and pay close attention to the requirements of the Brown Act will have little reason to worry about enforcement.

ENDNOTES
1 Cal. Gov. Code, § 54960.1. Invalidation is limited to actions that violate the following sections of the Brown Act: section 54953 (the basic open meeting provision), sections 54954.2 and 54954.5 (notice and agenda requirements for regular meetings and closed sessions), 54954.6 (tax hearings), 54956 (special meetings), and 54596.5 (emergency situations). Violations of sections not listed above cannot give rise to invalidation actions, but they are subject to the other remedies listed in section 54960.1. 2 Castaic Lake Water Agency v. Newhall County Water District (2015) 238 Cal.App.4th 1196, 1198. 3 Cal. Gov. Code, § 54960.1(d)(2).
4 Cal. Gov. Code, § 54960.1(d)(3).
5 Cal. Gov. Code, § 54960.1(d)(4).
6 Cal. Gov. Code, § 54960.1(d)(5).
7 Cal. Gov. Code, § 54960.1, subds. (b), (c)(1).
8 Cal. Gov. Code, § 54960.1, subd. (c)(2).
9 Cal. Gov. Code, § 54960.1, subd. (c)(4).
10 McKee v. Orange Unified School District (2003) 110 Cal.App.4th 1310, 1318-1319. 11 Cohan v. City of Thousand Oaks (1994) 30 Cal.App.4th 547, 556, 561. 12 Boyle v. City of Redondo Beach (1999) 70 Cal.App.4th 1109, 1116-17, 1118. 13 Cal. Gov. Code, § 54960.2, subd. (a); Senate Bill No. 1003, Section 4 (2011-2012 Session). 14 Cal. Gov. Code, § 54960.2, subds. (a)(1), (2).
15 The legislative body may provide an unconditional commitment after the 30-day period. If the commitment is made after the 30-day period, however, the plaintiff is entitled to attorneys’ fees and costs. Cal. Gov. Code, § 54960.2, subd. (b).
16 Cal. Gov. Code, § 54960.2, subd. (a)(4).
17 Cal. Gov. Code, § 54960.2, subd. (c)(2).

Photo credit: Courtesy of the City of West
Hollywood. Photo by Jon Viscott.
60 OPEN & PUBLIC VI: A GUIDE TO THE RALPH M. BROWN ACT
CHAPTER 6: REMEDIES
18 Cal. Gov. Code, § 54960.2, subd. (c)(1).
19 Cal. Gov. Code, § 54960.2, subd. (c)(3).
20 Cal. Gov. Code, § 54960.2, subd. (d).
21 Cal. Gov. Code, § 54960.2, subd. (e).
22 Cal. Gov. Code, § 54960, subd. (a).
23 California Alliance for Utility Safety and Education (CAUSE) v. City of San Diego (1997) 56 Cal.App.4th 1024; Common Cause v. Stirling (1983) 147 Cal.App.3d 518, 524; Accord Shapiro v. San Diego City Council (2002) 96 Cal.App.4th 904, 916 and fn.6.
24 Kleitman v. Superior Court (1999) 74 Cal.App.4th 324, 334-36. 25 Cal. Gov. Code, § 54960, subd. (b).
26 Cal. Gov. Code, § 54960, subd. (c).
27 Los Angeles Times Communications, LLC v. Los Angeles County Board of Supervisors (2003) 112 Cal.

App.4th 1313, 1327-29 and cases cited therein.
28 Cal. Gov. Code, § 54960.5.
29 Cal. Gov. Code, § 54959. A misdemeanor is punishable by a fine of up to $1,000 or up to six months in county jail, or both (California Penal Code section 19). Employees of the agency who participate in violations of the Brown Act cannot be punished criminally under section 54959. However, at least one district attorney instituted criminal action against employees based on the theory that they criminally conspired with the members of the legislative body to commit a crime under section 54949. 30 Cal. Gov. Code, § 54952.6.
31 61 Ops.Cal.Atty.Gen. 283 (1978).
32 California Government Code section 1222 provides that “[e]very wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency, is punishable as a misdemeanor.” 33 The principle of statutory construction known as expressio unius est exclusio alterius supports the view that section 54959 is the exclusive basis for criminal liability under the Brown Act.

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Lakeport City CouncilJanuary 21, 2025

Lakeport City Council
January 21, 2025