City Council Regular Meeting

MINUTES CITY OF CLEARLAKE CITY COUNCIL & REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING MARCH 26, 2015 CALL TO ORDER CLOSED SESSION CITY COUNCIL MEETING: 5:30 P.M. Roll Call. Present: Denise Loustalot, Mayor Gina Fortino Dickson, Vice Mayor Russell Perdock, Councilmember Joyce Overton, Councilmember Bruno Sabatier, Councilmember Staff: Joan Phillipe, City Manager Ryan R. Jones, City Attorney (1) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: One potential case Closed Session was adjourned at 5:35 P.M. with no reportable action. CALL TO ORDER REGULAR CITY COUNCIL MEETING: 6:00 P.M. Roll Call. Present: Denise Loustalot, Mayor Gina Fortino Dickson, Vice Mayor Russell Perdock, Councilmember Joyce Overton, Councilmember Bruno Sabatier, Councilmember Staff: Joan Phillipe, City Manager Craig Clausen, Chief of Police Melissa Swanson, City Clerk Chris Becnel, Director of Finance Ryan R. Jones, City Attorney Lee Lambert, Building Inspector Gary Price, Planning Consultant INVOCATION/MOMENT OF SILENCE Mayor Loustalot led a moment of silence. AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS There were no changes to the agenda. ACTION: It was moved by Councilmember Perdock and seconded by Councilmember Sabatier to approve the agenda as presented. The motion passed with a 5-0 roll call vote. CCM 03-26-15 Page 1 of 5 PRESENTATIONS 1. Presentation of a Proclamation Designating April 2015 as Sexual Assault Awareness Month 2. Presentation of a Proclamation Designating April 2, 2015 as Autism Awareness Day – This item was postponed to the April 9th meeting. 3. Presentation of a Proclamation Designating April 2015 as Child Abuse Prevention Month PUBLIC COMMENT – Rick Mayo spoke in memory of Clarence Wright, Jr., a founding member of the NAACP who recently passed away. Aqeela El Amin Bakheit also spoke of Mr. Wright. Mike Vandiver thanked the Council for his appointment to the Planning Commission and stated he will support the City’s Parks and Recreation Committee. He asked the Council to consider a recreation program. Robert Newsome stated he has a drainage issue near his home. He was referred to staff for follow up. Terri Larsen stated that 1,209 signatures on a referendum against Ordinance No. 173-2015 were turned in to the City Clerk that day. She admonished the Council for adopting the Ordinance and stated signature gatherers were harassed. Peter Shifman spoke regarding communications he had with the Finance Director regarding the presentation on the staff costs to enforce the marijuana ordinance. He stated the Council should have followed up on the issue he presented to the Finance Director. Jim Scholz requested updates on the proposed Clearlake Shopping Center be on future agendas. Preston Dickenson introduced himself as the area representative for AT&T. Dave Hughes spoke in favor of the ban on cultivation and stated there are people who support the ban. Vince Metzger spoke in favor of a committee being formed to draft a favorable marijuana ordinance and stated the Council needs to represent the people who elected them. Bob Mila stated his taxes are paying the fees for the lawsuit against the ordinance. He stated the electorate does not want the ordinance. John Clemons stated he has evidence of a child abuse case not being prosecuted. Chuck Leonard spoke in favor of the marijuana cultivation ban ordinance. Consent Items Recommended Action 4. Warrant Registers Receive and file 5. Minutes of February 26 and March 12, 2015 Receive and file Meetings CCM 03-26-15 Page 2 of 5 6. Consideration of Adoption of Resolution 2015- Adopt resolution 05, Designation of Applicant’s Agent for California Disaster Assistance Act Funding- 2014 Statewide December Winter Storms Councilmember Sabatier pulled item #5 and made a correction to the minutes of February 26th. ACTION: It was moved by Councilmember Sabatier and seconded by Councilmember Perdock to accept the Consent Calendar with the corrections to the minutes as stated above. The motion passed with a 5-0 roll call vote. PUBLIC HEARING 7. Confirm Assessment(s) for Administrative Penalties for Failure to Abate Public Nuisance(s) in Accordance with C.M.C. section(s) 1-5, 1-9, 10-1.6, 10-1.7, 10-1.9, 10-1.12, 10-2.2(b), 10-2.4, 10-2.5, 10-2.6, 10-2.7, 10-2.8, 10-3.1, 10-3.3, 10-5; Resolution No. 2015-04, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE CONFIRMING SPECIAL ASSESSMENTS CONSISTING OF ADMINISTRATIVE PENALTIES FOR FAILURE TO ABATE PUBLIC NUISANCE AND APPROVING LIEN AGAINST REAL PROPERTY IN ACCORDANCE WITH SECTIONS 1-5, 1-9, 10-1.6, 10-1.7, 10-1.9, 10-1.12, 10-2.2(b), 10-2.4, 10-2.5, 10-2.6, 10-2.7, 10-2.8, 10-3.1, 10-3.3, AND 10-5 OF THE CLEARLAKE MUNICIPAL CODE Finance Director Becnel and Building Inspector Lambert gave the staff report. Mayor Loustalot opened the Public Hearing at 6:44 p.m. Clare Holmes spoke against the assessment of her property located at 13633 Sonoma Avenue. Sami Arod spoke against the assessment of his property located at 16318 28th Avenue. ACTION: It was moved by Vice Mayor Fortino Dickson and seconded by Councilmember Sabatier to close the Public Hearing at 6:50 p.m. The motion passed with a unanimous roll call vote of 5-0. ACTION: It was moved by Vice Mayor Fortino Dickson and seconded by Councilmember Sabatier to adopt Resolution No. 2015-04, A Resolution of the City Council of the City of Clearlake Confirming Special Assessments Consisting of Administrative Penalties for Failure to Abate Public Nuisance and Approving Lien Against Real Property In Accordance with Sections 1-5, 1-9, 10-1.6, 10-1.7, 10-1.9, 10-1.12, 10-2.2(b), 10-2.4, 10-2.5, 10-2.6, 10-2.7, 10-2.8, 10-3.1, 10-3.3, and 10-5 of the Clearlake Municipal Code, and read it by title only. The motion passed with a unanimous roll call vote of 5-0. 8. Public Hearing on Housing Element Update and Consideration of Adoption of Resolution No. 2015- 06: A Resolution of the City Council of the City of Clearlake Adopting General Plan Amendment GPA 2014-01 Adopting the 2014-2019 Housing Element and Adopting a Negative Declaration City Manager Phillipe and Planning Consultant Price gave the staff report. ACTION: It was moved by Councilmember Perdock and seconded by Vice Mayor Fortino Dickson to open the Public Hearing. The motion passed with a unanimous roll call vote. CCM 03-26-15 Page 3 of 5 Rick Mayo spoke in favor of adoption. ACTION: It was moved by Vice Mayor Fortino Dickson and seconded by Councilmember Perdock to close the Public Hearing. The motion passed with a unanimous roll call vote. ACTION: It was the consensus of the Council to add language stating the Council would consider re-implementation of the rental housing inspection program at a later date if fiscally viable. ACTION: It was moved by Councilmember Perdock and seconded by Councilmember Overton to adopt Resolution No. 2015-06, A Resolution of the City Council of the City of Clearlake Adopting General Plan Amendment GPA 2014-01 Adopting the 2014-2019 Housing Element and Adopting a Negative Declaration as amended above, and read it by title only. The motion passed with a unanimous roll call vote. BUSINESS 9. Acceptance of Annual Audit for Fiscal Year 2013-14 Finance Director Becnel gave the staff report. Auditor Terry Krieg made a presentation of the audit. There was no action taken by the Council on this item. 10. Presentation on the Code Enforcement Process Finance Director Becnel and Building Inspector Lambert gave the staff report. There was no action taken by Council on this item. Mayor Loustalot called for a 10 minute break. 11. Consideration of an Adopt-A-Park Policy City Manager Phillipe gave the staff report on this item. ACTION: It was moved by Councilmember Perdock and seconded by Mayor Loustalot to adopt the Adopt-A-Park policy. The motion passed with a unanimous roll call vote. 12. Consideration of Appointment of Two Vacant Planning Commission Terms Ending March 11, 2019 Councilmember Overton recused herself from the discussion and left the dais due to an applicant being on a Board that oversees her employment. City Manager Phillipe gave the staff report. ACTION: It was moved by Councilmember Perdock and seconded by Councilmember Sabatier to appoint Dirk Slooten and Nathalie Antus to the Planning Commission. The motion passed with a 4- 0-1 roll call vote, with Councilmember Overton abstaining. Councilmember Overton returned to the dais at 9:00 p.m. CITY MANAGER AND COUNCILMEMBER REPORTS CCM 03-26-15 Page 4 of 5 ACTION: Councilmember Sabatier asked for and received consensus from the Council to hear a presentation from the organizers of the Way to Wellville committee. Councilmember Perdock asked for and received consensus from the Council to support the League of California Cities effort to support lowering the voter threshold requirements for special taxes. ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 9:06 P.M. Melissa Swanson, City Clerk CCM 03-26-15 Page 5 of 5