City Council Regular Meeting

MINUTES CITY OF CLEARLAKE CITY COUNCIL & REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING AUGUST 13, 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: Greg Folsom, City Manager Paul Coble, City Attorney (1) CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Government Code Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Anthony Spittler, Jeri Spittler, and Robin Farnham v. City of Clearlake Civil Action No.: CV 414715 (2) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (One Potential Case) (3) CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property: Twenty-Six Acres of Property Owned by the City; Location: West of State Highway 53, Between State Highway 53, Old Highway 53, and the Extension of 18th Avenue; Agency negotiator: City Manager Greg Folsom; Negotiating parties: Katz Kirkpatrick Properties; Under negotiation: Price and Terms of Payment. Closed Session was adjourned at 6:01 P.M. with direction given to staff on Item #3 and no further Council action. CALL TO ORDER REGULAR CITY COUNCIL MEETING: 6:02 P.M. Roll Call. Present: Denise Loustalot, Mayor Gina Fortino Dickson, Vice Mayor Russell Perdock, Councilmember Joyce Overton, Councilmember Bruno Sabatier, Councilmember Staff: Greg Folsom, City Manager Craig Clausen, Chief of Police Melissa Swanson, City Clerk Chris Becnel, Director of Finance Paul Coble, City Attorney Lee Lambert, Building Inspector/Code Enforcement Doug Herren, Public Works Director Rebecca Sanders, Code Enforcement Officer Tina Viramontes, Code Enforcement Officer CCM 08-13-15 Page 1 of 4  Chelsea Banks, Code Enforcement Technician INVOCATION/MOMENT OF SILENCE Vice Mayor Fortino Dickson led the pledge of allegiance and a moment of silence. AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS City Manager Folsom requested removal of Item #2, Presentation of New Police Department Employees by Chief Clausen. ACTION: It was moved by Councilmember Perdock and seconded by Councilmember Overton to approve the agenda as amended. The motion passed with a unanimous roll call vote. PRESENTATIONS 1. Presentation to Retiring Sgt. Nick Bennett and his family in Recognition of His Years of Service by Mayor Loustalot and Chief Clausen Mayor Loustalot then called for a fifteen minute break. PUBLIC COMMENT – Gigi and Roy Stahl spoke regarding making a presentation to the Council on Community Choice Aggregation. Bill Shields gave thanks to the firefighters and stated how the fire has affected local wildlife. Lori (no last name given) stated her concerns about Burns Valley Creek and how it needs to be cleaned. Aqeela Markowski thanked Councilmember Sabatier and staff for their work on the Rocky Fire incident. Consent Items Recommended Action 3. Warrant Registers Receive and file 4. Minutes of the July 23, 2015 Meeting Receive and file ACTION: It was moved by Councilmember Perdock and seconded by Vice Mayor Fortino Dickson to accept the remaining Consent Calendar items as presented. The motion passed with a unanimous roll call vote. PUBLIC HEARING 5. Public Hearing to Consider Zoning Ordinance Amendment ZOA 2015-04, Adding New Article to the City of Clearlake Zoning Ordinance and Provisions to Regulate Telecommunications Towers, Antennae, and Related Systems City Manager Folsom gave the staff report. Mayor Loustalot opened the Public Hearing at 6:20 Lori (no last name given) stated neighbors should be notified of a new tower. Mayor Loustalot continued the Public Hearing to the August 27th. 6. Public Hearing to Confirm Assessment(s) in the Total Amount of $87,500.00 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. 2015-19 Recommended Action: Open Public Hearing, hear public testimony; by motion, close the Public Hearing; by motion adopt Resolution No. 2015-19, reading by title only City Manager Folsom and Building Inspector/Code Enforcement Supervisor Lambert gave the staff report. Mayor Loustalot opened the Public Hearing at 6:32 p.m. Sylvia Hilton spoke against the assessment on her property located at 15564 36th Avenue. Stillman Bowden spoke against the assessment on the property located at 3344 9th Street. Jason Benevidez asked for a 120 day extension on his property located at 16316 34th Avenue. Estelle Creel spoke against the code enforcement assessment process. Chuck Leonard spoke in favor of the code enforcement assessment process. ACTION: It was moved by Vice Mayor Fortino Dickson and seconded by Councilmember Sabatier to close the Public Hearing at 6:54 p.m. The motion passed with a unanimous roll call vote. ACTION: It was moved by Councilmember Perdock and seconded by Vice Mayor Fortino Dickson to adopt Resolution No. 2015-19, 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. BUSINESS 7. Consideration of Creating an Ad hoc Committee to Explore Possible Sources of Revenue for Road Improvements City Manager Folsom gave the staff report. ACTION: It was the consensus of the Council to create an ad hoc committee to explore possible sources of revenue for road improvements and for each Councilmember to appoint up to three members. CITY MANAGER AND COUNCILMEMBER REPORTS Councilmember Sabatier asked for and received consensus to bring a presentation about Community Choice Aggregation to a future Council meeting. Vice Mayor Fortino Dickson asked for and received Council consensus to direct staff to bring to a future agenda consideration of appointing an ad hoc committee to discuss changes to the current medical marijuana ordinance. ADJOURNMENT There being no further business of the Council, the meeting was adjourned at 7:42 p.m. Melissa Swanson, City Clerk