City Council Regular Meeting

MINUTES CITY OF CLEARLAKE CITY COUNCIL & REDEVELOPMENT AGENCY SPECIAL/REGULAR MEETING MAY 12, 2011 CALL TO ORDER SPECIAL JOINT CITY COUNCIL & REDEVELOPMENT AGENCY MEETING: 5:00 P.M. Special Meeting noticed May 6, 2011. Roll Call. Present: Joyce Overton, Mayor Joey Luiz, Vice Mayor Curt Giambruno, Councilmember Jeri Spittler, Councilmember Absent: Judy Thein, Councilmember (due to illness) Staff: Stephen Albright, Interim City Administrator SPECIAL CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; Pursuant to Subdivision (a) of Government Code Section 54956.9: Name of Case: Sierra Club vs. Clearlake Redevelopment Agency, KK Raphel Properties, LLC, and Does 1 through 25, inclusive. 2. PUBLIC EMPLOYEE APPOINTMENT – Pursuant to Government Code Section 54957: Title: Interim Redevelopment Executive Director. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Section 54956.8: Property: 14927 Austin Road; Agency negotiator: City Administrator; Negotiating parties: Pacific West Communities; Under negotiation: Price and terms of payment. 4. PUBLIC EMPLOYEE APPOINTMENT – Pursuant to Government Code Section 54957: Title: City Administrator. The meeting was adjourned at 6:20 p.m. with the following reportable action: 1) The Agency has agreed to a settlement agreement with the Sierra Club, which has already formally approved the settlement agreement. The settlement agreement contains the following major points: 1) agreement to rescind the approval of the mitigated negative declaration and the disposition and development agreement between the Clearlake Redevelopment Agency and KK Raphel Properties; 2) the agreement to proceed with a purchase and sale agreement of the properties between the Agency and KK Raphel Properties; 3) agreement to proceed with environmental documents pursuant to CEQA for any projects being proposed for the property; 4) agreement to dismiss the lawsuit within 5 days after the Agency rescinds its approval of the mitigated negative declaration and disposition and development agreement; 5) agreement to undertake any applicants processes for the eventual development of the properties including city land use applications, reviews and approvals and environmental reviews; 6) agreement to pay attorney fees to the Sierra Club in the amount of $15,935.16. CCM 05-12-11 Page 1 of 3 2) The Agency has agreed to retain the services of Steve Albright to act as Interim Executive Director for the period of June 13, 2011 to December 31, 2011. There was no further action to report. The special closed session adjourned at 6:20 p.m. CALL TO ORDER REGULAR JOINT CITY COUNCIL & REDEVELOPMENT AGENCY MEETING: 6:25 P.M. A Moment of Silence and the Pledge of Allegiance were led by Mayor Overton. Roll Call. Present: Joyce Overton, Mayor Joey Luiz, Vice Mayor Curt Giambruno, Councilmember Jeri Spittler, Councilmember Absent: Judy Thein, Councilmember (due to illness) Staff: Stephen Albright, Interim City Administrator Craig Clausen, Interim Chief of Police Melissa Swanson, City Clerk AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS There were no additions or deletions to the Agenda. PUBLIC COMMENT – Doug Codling spoke regarding the Invasive Species Council and volunteers. Bob Kiel spoke regarding the graffiti and the Fourth of July fireworks. CONSENT CALENDAR 1. Warrant Registers – Ratification and Approval of Warrants and Expenditures Certified by the Director of Finance as Conforming with the Adopted Budget Pursuant to Government Code section 37208. 04/28/2011 Warrant Register $29,807.00 04/28/2011 Warrant Register 100,396.20 2. Consideration of Approval of City Council Minutes of April 27, April 28, April 30, May 4, and May 5, 2011. 3. Consideration of the Senior Center Lease Renewal. 4. Consideration of Assignment (Transfer) of the Youth Center Lease. 5. Continuation of the Public Hearing to Consider Adopting Ordinance No. 2011-151 to Approve a One Percent (1%) MediaCom Pass-Through Fee. 6. Consideration of Temporary Street Closure for Lakeshore Drive for the Annual 4th of July Parade; Resolution No. 2011-05. Item 2 was pulled by Council Member Giambruno for discussion and separate action. Page 2 of 3 ACTION: It was moved by Vice Mayor Luiz and seconded by Council Member Spittler to accept items #1, 3, 4, 5, and 6 as presented with a voice vote of 4-0-1 in favor, with Council Member Thein absent. ACTION: It was moved by Vice Mayor Luiz and seconded by Council Member Spittler to approve the minutes for April 27, April 28, and April 30. The motion passed with a roll call vote of 3-0-2, with Council Member Giambruno abstaining due to absence from those meetings, and Council Member Thein absent. ACTION: It was moved by Vice Mayor Luiz and seconded by Council Member Spittler to approve the May 4 and May 5 minutes as presented. The motion passed with a voice vote of 4-0-1, with Council Member Thein absent. BUSINESS 7. Consideration of a Proposal by Bruno Sabatier of the Lake County Pride Foundation to Co-Sponsor the “Power to the Youth” Event on June 11, 2011. Staff report was given by Stephen Albright. Mayor Overton stated the insurance issue has been resolved for the event. The Council directed staff to work with Mr. Sabatier to come up with ideas on road closures for the event. 8. Update Report on the Police Department Programs and Calls For Service. Staff report was given by Chief Clausen. No action by Council was taken on this item. CITY ADMINISTRATOR’S REPORT COUNCIL MEMBERS CALENDAR, TRAVEL AND REPORTS ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 7:30 P.M. Melissa Swanson City Clerk Page 3 of 3