City Council Regular Meeting

MINUTES CITY OF CLEARLAKE CITY COUNCIL & REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING JANUARY 14, 2016 CALL TO ORDER CLOSED SESSION CITY COUNCIL MEETING: 5: 15 P.M. Roll Call. Present: Russell Perdock, Mayor Gina Fortino Dickson, Vice Mayor Denise Loustalot, Councilmember Joyce Overton, Councilmember Bruno Sabatier, Councilmember Staff: Greg Folsom, City Manager Ryan R. Jones, City Attorney (1) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION: (Government Code Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: John Leroy Clemons v. Don Anderson et al; Civil Action No.: C-15-2966 NJV (2) 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 (3) CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property: Owned by Tim Yarbrough; Location: 2185 Ogulin Canyon Road; City negotiator: City Manager Greg Folsom; Negotiating party: Richard Derum; Under negotiation: Price and Terms of Payment. (4) CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property: Owned by David Wildhagen; Location: 2560 State Highway 53; City negotiator: City Manager Greg Folsom; Negotiating party: David Wildhagen; Under negotiation: Price and Terms of Payment. (5) CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property: Owned by Michael Voorhees and Richard Holm; Location: 14060 Olympic Drive; City negotiator: City Manager Greg Folsom; Negotiating party: Michael Vorhees and Richard Holm; Under negotiation: Price and Terms of Payment. CCM 01-14-16 Page 1 of 6 (6) CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property: Represented by Chatoff Properties; Location: 14111 Lakeshore Drive; City negotiator: City Manager, Greg Folsom; Negotiating party: Colleen Chatoff; Under negotiation: Price and Terms of Payment. (7) CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property: Represented by Chatoff Properties; Location: 14113 and 14115 Lakeshore Drive; City negotiator: City Manager, Greg Folsom; Negotiating party: Colleen Chatoff; Under negotiation: Price and Terms of Payment. (8) CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property: Represented by Monica Weltz; Location: 14150 Olympic Drive; City negotiator: City Manager, Greg Folsom; Negotiating party: Monica Weltz; Under negotiation: Price and Terms of Payment. (9) CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property: Owner represented by Attorney, Maxwell B. Glasson, Esq. Location: 14440 and 14448 Olympic Dr.; Agency negotiator: City Manager Greg Folsom; Negotiating party: Maxwell B. Glasson, Esq.; Under negotiation: Price and Terms of Payment. Closed Session was adjourned at 5:55 P.M. with no reportable action. CALL TO ORDER REGULAR CITY COUNCIL MEETING: 6:00 P.M. Roll Call. Present: Russell Perdock, Mayor Gina Fortino Dickson, Vice Mayor Denise Loustalot, Councilmember Joyce Overton, Councilmember Bruno Sabatier, Councilmember Staff: Greg Folsom, City Manager Tim Celli, Police Lieutenant Chris Becnel, Director of Finance Ryan R. Jones, City Attorney Gary Price, Contract Planner Doug Herren, Director of Public Works ACTION: It was moved by Vice Mayor Fortino Dickson and seconded by Councilmember Sabatier to appoint City Manager Folsom to act as City Clerk for the duration of the meeting due to the illness and absence of the City Clerk and Deputy City Clerk. The motion passed with a unanimous voice vote. INVOCATION/MOMENT OF SILENCE Mayor Perdock led a moment of silence. CCM 01-14-16 Page 2 of 6 AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS City Manager Folsom asked that Item #7 be deleted from the agenda. ACTION: It was moved by Vice Mayor Fortino Dickson and seconded by Councilmember Loustalot to approve the agenda as amended. The motion passed with a unanimous roll call vote. PRESENTATION Presentation by Lt. Celli of a Commendation, Introduction of New Police Officers, and Retirement of Police K9 Officers PUBLIC COMMENT – There was no public comment Consent Items Recommended Action 1. Warrant Registers Receive and file 2. Minutes of the November 12, November 17, Receive and file December 10, and December 15, 2015 meetings 3. Receipt of the League of California Cities Final Receive and file Report on Resolutions of September 2015 4. Approval of the Fair Political Practices Form 806 Approve Form 806 as presented Reporting Public Official Appointments 5. Offer of Donation of Land to the City of Clearlake Adopt resolution to accept the offer of for the Lot Located at 14150 Olympic Drive donation for the property located at 14150 Olympic Drive and authorize the City Manager to take whatever actions are necessary to complete the transaction 6. Consideration of Second Reading and Adoption Hold the second reading of the ordinance, of Ordinance No. 179-2015, an Ordinance of the read it by title only, waive further reading City Council of the City of Clearlake Adding and adopt Ordinance No. 179-2015 Section 5-10.1(a) of Chapter V, Police Regulations, to the Clearlake Municipal Code, Relating to Conduct in the Public Parks and Beaches 7. Consideration of Second Reading and Adoption Hold the second reading of the ordinance, CCM 01-14-16 Page 3 of 6  of Ordinance No. 180-2015, An Ordinance of the read it by title only, waive further reading City of Clearlake Requiring Dogs to be Leashed and adopt Ordinance No. 180-2015 and Owners to Pick Up Dog Waste 8. Amend Contract for General Plan Update for Air 1. Adopt Resolution 2016-02 to fund this Quality Technical Review and Supplemental Air Quality Technical Review and Planning Work to Complete the General Plan supplemental planning work using Fund Update 243 Bond Series B for Low and Moderate Income Housing 2. Authorize the City Manager to execute an amendment to the agreement with Price Consulting Services, the City’s Contract Planner, to expand scope of work to include air quality technical review and supplemental planning work to complete the 2040 General Plan Update 9. Award of Contract for Grant Writing and Authorize the City Manager to execute a Administration Services for the City of Clearlake’s contract with Adams Ashby Group for Community Development Block Grant (CDBG) grant writing and administration services for City housing and Community Development Block Grant Programs for a not to exceed amount of $90,680 on the City’s CDBG Grant Item #7 was deleted from the agenda. ACTION: It was moved by Councilmember Loustalot and seconded by Councilmember Overton to accept the Consent Calendar as presented. The motion passed with a unanimous roll call vote. PUBLIC HEARING: 10. Introduction and First reading of Ordinance No. 181-2016, An Ordinance of the City Council of the City of Clearlake Adding Chapter 18-8 to the Clearlake Municipal Code (Marijuana Cultivation) and Repealing Section 10-7 (Commercial Medical Marijuana Cultivation and Cultivation on Vacant Properties, and Limiting Cultivation Amounts) City Manager Folsom gave the staff report. Public Hearing: Michael Green spoke against the ordinance. Earl Richardson spoke against the ordinance. Vince Metzger spoke in favor of the ordinance. CCM 01-14-16 Page 4 of 6 ACTION: It was the consensus of the Council to make the following changes to the proposed ordinance: 18-8.130: A second violation of the ordinance was proposed to result in a permanent growing ban (individual and property). That has been changed to a five year ban. 18-8.80(f): The setbacks have been changed to 5 feet from the property line to adhere to the City’s zoning code. 18-11.02(b): The administrative penalties procedures established will not include criminal remedies. ACTION: It was moved by Vice Mayor Fortino Dickson and seconded by Councilmember Loustalot to introduce Ordinance No. 181-2016 by title only as amended above, and waive further reading. The motion passed with a unanimous roll call vote. BUSINESS 11. Consideration of Appointing Councilmembers as Representatives to the League of California Cities Redwood Empire Division, Resolution No. 2016-01: A Resolution of the City Council of the City of Clearlake Appointing Representatives to Represent and Vote on Behalf of the City at the League of California Cities, Redwood Empire Division Business Meetings and Represent the City and Vote at the Division Legislative Committee Meetings City Manager Folsom gave the staff report. ACTION: It was moved by Councilmember Sabatier and seconded by Councilmember Loustalot to approve Mayor Perdock’s appointment as the primary and Vice Mayor Fortino Dickson’s appointment as alternate representatives to the Redwood Empire Division and adopt Resolution No. 2016-01. 12. Mayor’s Appointments for 2016 Mayor Perdock announced one change to the Mayoral appointments, and that was to appoint himself to the Clearlake Redevelopment Oversight Board in the place of Councilmember Sabatier. ACTION: It was moved by Councilmember Sabatier and seconded by Councilmember Overton to accept the Mayor’s appointments for 2016. The motion passed with a unanimous roll call vote. CITY MANAGER AND COUNCILMEMBER REPORTS FUTURE AGENDA ITEMS ADJOURNMENT CCM 01-14-16 Page 5 of 6 There being no further business of the Council, the meeting was adjourned at 7:30 p.m. Melissa Swanson, City Clerk CCM 01-14-16 Page 6 of 6