City Council Regular Meeting

MINUTES CITY OF CLEARLAKE CITY COUNCIL & REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING MAY 25, 2017 CALL TO ORDER BUDGET WORKSHOP: 4:30 P.M. Roll Call. Present: Russell Perdock, Mayor Bruno Sabatier, Vice Mayor Nick Bennett, Councilmember Phil Harris, Councilmember Joyce Overton, Councilmember Staff: Greg Folsom, City Manager Ryan Jones, City Attorney Chris Becnel, Director of Finance Tim Celli, Acting Chief of Police Melissa Swanson, City Clerk Doug Herren, Public Works Director 1. Study Session on the Draft City of Clearlake Budget for Fiscal Year 2017-2018 Finance Director Becnel gave the staff report. ACTION: It was the consensus of the Council to add $23,000 to account code 100.100290.750.61 for payment to the Lake County/City Local Agency Formation Commission (LAFCO). 2. Update on the Strategic Plan Progress Each department gave an update on the progress of the Strategic Plan. No action was taken by Council on this item. The Workshop adjourned at 5:53 p.m. CALL TO ORDER REGULAR CITY COUNCIL MEETING: 6:00 P.M. Roll Call. Present: Russell Perdock, Mayor Bruno Sabatier, Vice Mayor Nick Bennett, Councilmember Joyce Overton, Councilmember Phil Harris, Councilmember CCM 05-25-17 Page 1 of 7  Staff: Greg Folsom, City Manager Ryan Jones, City Attorney Tim Celli, Acting Chief of Police Melissa Swanson, City Clerk Chris Becnel, Director of Finance Doug Herren, Director of Public Works Lee Lambert, Chief Building Inspector Steve Felder, Code Enforcement Officer INVOCATION Todd from Calvary Chapel gave the invocation. AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS There were no changes to the agenda. ACTION: It was moved by Council Member Harris and seconded by Vice Mayor Sabatier to approve the agenda as amended. The motion passed with a unanimous voice vote. PRESENTATION 1. Presentation of a Proclamation Declaring May 2017 as US Military Recognition Month 2. Presentation by the Tobacco Education Youth Coalition PUBLIC COMMENT Bill Shields thanked the Council for supporting veterans, and stated he would contact the presenter from the Tobacco Education Youth Coalition for information on quitting smoking. Joyce Adams thanked the Council for supporting homelessness issues. Rita and Jean Janich with the Animal Coalition asked for support for the Animal Control fundraiser they are holding. Consent Items Recommended Action 5. Warrant Registers Receive and file 6. Minutes of the April 27, May 3, and May 11, Receive and file 2017 Meetings 7. Consideration of an In-Kind Occupancy Approve MOU and authorize City Manager Agreement with the PEG Station to execute MOU 8. Contract for Planning Services with Price Approve contract and authorize City Consultant Services Manager to sign CCM 05-25-17 Page 2 of 7 ACTION: It was moved by Vice Mayor Sabatier and seconded by Council Member Harris to approve the Consent Calendar as presented. The motion passed with a unanimous voice vote. PUBLIC HEARING 7. Public Hearing to hear and act upon an Abatement Order Appeal Hearing referencing real property located at 15628 37th Avenue Clearlake, CA 95422 in accordance with C.M.C. section(s) 18-9.110, 18-9.120, 18-9.130 and 18-10 in its entirety Chief Building Inspector Lambert and Code Enforcement Officer Felder gave the staff report. Mayor Perdock opened the Public Hearing at 6:25 p.m. The appellant, Raymundo Moredo, and his interpreter spoke against the abatement order. ACTION: It was moved by Councilmember Overton and seconded by Vice Mayor Sabatier to close the Public Hearing at 6:32 p.m. The motion passed with a unanimous voice vote. ACTION: It was moved by Vice Mayor Sabatier and seconded by Council Member Harris to adopt Resolution No. 2017-26, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE DENYING THE APPEAL OF AN ABATEMENT ORDER AT REAL PROPERTY LOCATED AT 15628 37th AVENUE IN ACCORDANCE WITH SECTIONS 18-9.110, 18-9.120, 18-9.130, AND 18-10 IN IT’S ENTIRETY, OF THE CLEARLAKE MUNICIPAL CODE. The motion passed with a unanimous roll call vote. 8. Public Hearing to hear and act upon an Abatement Order Appeal Hearing referencing real property located at 16288 21st Avenue Clearlake, CA 95422 in accordance with C.M.C. section(s) 18- 9.110, 18-9.120, 18-9.130 and 18-10 in its entirety Chief Building Inspector Lambert and Code Enforcement Officer Felder gave the staff report. Mayor Perdock opened the Public Hearing at 6:38 p.m. The appellant was not present. A citizen named Adrian stated the appellant would like to rescind the appeal, as the plants have been removed. ACTION: It was moved by Councilmember Overton and seconded by Councilmember Bennett to close the Public Hearing at 6:39 p.m. The motion passed with a unanimous voice vote. ACTION: It was moved by Vice Mayor Sabatier and seconded by Council Member Harris to adopt Resolution No. 2017-27, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE DENYING THE APPEAL OF AN ABATEMENT ORDER AT REAL PROPERTY LOCATED AT 16288 21st CCM 05-25-17 Page 3 of 7 AVENUE IN ACCORDANCE WITH SECTIONS 18-9.110, 18-9.120, 18-9.130, AND 18-10 IN IT’S ENTIRETY, OF THE CLEARLAKE MUNICIPAL CODE. The motion passed with a unanimous roll call vote. 9. Public Hearing to hear and act upon an Abatement Order Appeal Hearing referencing real property located at 16298 21st Avenue Clearlake, CA 95422 in accordance with C.M.C. section(s) 18- 9.110, 18-9.120, 18-9.130 and 18-10 in its entirety Chief Building Inspector Lambert and Code Enforcement Officer Felder gave the staff report. Mayor Perdock opened the Public Hearing at 6:45 p.m. Adrian (no last name given) spoke on behalf of the appellant and stated the hoop house and marijuana have been removed from this property. ACTION: It was moved by Councilmember Overton and seconded by Councilmember Bennett to close the Public Hearing at 6:46 p.m. The motion passed with a unanimous voice vote. ACTION: It was moved by Councilmember Bennett and seconded by Councilmember Overton to adopt Resolution No. 2017-28, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE DENYING THE APPEAL OF AN ABATEMENT ORDER AT REAL PROPERTY LOCATED AT 16298 21st AVENUE IN ACCORDANCE WITH SECTIONS 18-9.110, 18-9.120, 18-9.130, AND 18-10 IN IT’S ENTIRETY, OF THE CLEARLAKE MUNICIPAL CODE. The motion passed with a unanimous roll call vote. 10. Public Hearing to hear and act upon an Abatement Order Appeal Hearing referencing real property located at 16036 14th Avenue Clearlake, CA 95422 in accordance with C.M.C. section(s) 18-9.110, 18-9.120, 18-9.130 and 18-10 in its entirety Chief Building Inspector Lambert and Code Enforcement Officer Felder gave the staff report. Mayor Perdock opened the Public Hearing at 6:52 p.m. There was no public comment on this item. ACTION: It was moved by Councilmember Harris and seconded by Vice Mayor Sabatier to close the Public Hearing at 6:52 p.m. The motion passed with a unanimous voice vote. ACTION: It was moved by Councilmember Harris and seconded by Councilmember Overton to adopt Resolution No. 2017-29, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE DENYING THE APPEAL OF AN ABATEMENT ORDER AT REAL PROPERTY LOCATED AT 16036 14th AVENUE IN ACCORDANCE WITH SECTIONS 18-9.110, 18-9.120, 18-9.130, AND 18-10 IN IT’S ENTIRETY, OF THE CLEARLAKE MUNICIPAL CODE. The motion passed with a unanimous roll call vote. CCM 05-25-17 Page 4 of 7 11. Public Hearing to hear and act upon an Abatement Order Appeal Hearing referencing real property located at 16389 21st Avenue Clearlake, CA 95422 in accordance with C.M.C. section(s) 18- 9.110, 18-9.120, 18-9.130 and 18-10 in its entirety Chief Building Inspector Lambert and Code Enforcement Officer Felder gave the staff report. Mayor Perdock opened the Public Hearing at 6: 56 p.m. The appellant’s son, Dana Perez, spoke against the abatement order. ACTION: It was moved by Vice Mayor Sabatier and seconded by Councilmember Overton to close the Public Hearing at 7:03 p.m. The motion passed with a unanimous voice vote. ACTION: It was moved by Vice Mayor Sabatier and seconded by Council Member Harris to adopt Resolution No. 2017-31, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE DENYING THE APPEAL OF AN ABATEMENT ORDER AT REAL PROPERTY LOCATED AT 16389 21st AVENUE IN ACCORDANCE WITH SECTIONS 18-9.110, 18-9.120, 18-9.130, AND 18-10 IN IT’S ENTIRETY, OF THE CLEARLAKE MUNICIPAL CODE. The motion passed with a unanimous roll call vote. 12. Public Hearing to hear and act upon an Abatement Order Appeal Hearing referencing real property located at 16046 14th Avenue Clearlake, CA 95422 in accordance with C.M.C. section(s) 18-9.110, 18-9.120, 18-9.130 and 18-10 in its entirety Chief Building Inspector Lambert and Code Enforcement Officer Felder gave the staff report. Mayor Perdock opened the Public Hearing at 7:06 p.m. There was no public comment. ACTION: It was moved by Councilmember Harris and seconded by Councilmember Bennett to close the Public Hearing at 7:06 p.m. The motion passed with a unanimous voice vote. ACTION: It was moved by Vice Mayor Sabatier and seconded by Council Member Harris to adopt Resolution No. 2017-30, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE DENYING THE APPEAL OF AN ABATEMENT ORDER AT REAL PROPERTY LOCATED AT 16046 14th AVENUE IN ACCORDANCE WITH SECTIONS 18-9.110, 18-9.120, 18-9.130, AND 18-10 IN IT’S ENTIRETY, OF THE CLEARLAKE MUNICIPAL CODE. The motion passed with a unanimous roll call vote. 13. Continuation of Public Hearing to 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 and 10-5.6 Chief Building Inspector Lambert and Code Enforcement Officer Felder gave the staff report. CCM 05-25-17 Page 5 of 7 Mayor Perdock opened the Public Hearing at 7:14 p.m. The appellant for 3923 Oak Avenue, Tom Gallacher, spoke against the abatement order. ACTION: It was moved by Councilmember Harris and seconded by Councilmember Bennett to close the Public Hearing at 7:33 p.m. The motion passed with a unanimous voice vote. ACTION: It was moved by Vice Mayor Sabatier and seconded by Council Member Harris to adopt Resolution No. 2017-32, 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, 10-5.6 OF THE CLEARLAKE MUNICIPAL CODE. The motion passed with a unanimous roll call vote. Staff stated the second Public Hearing property, 3925 Eureka Avenue, has cooperated with the cleanup of the property and wished to withdraw the assessment. There was no public comment on this item. The Council took no action on this item. BUSINESS 14. Review and Approval of the City of Clearlake Code Enforcement Division Policy and Procedures Manual Director of Finance Becnel and Chief Building Inspector Lambert gave the staff report. ACTION: It was moved by Vice Mayor Sabatier and seconded by Councilmember Overton to adopt Resolution No. 2017-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE ADOPTING THE CITY OF CLEARLAKE CODE ENFORCEMENT DIVISION POLICY AND PROCEDURE MANUAL, and read it by title only, with the addition of the City Contact Information to the front page and business licenses enforcement to the job duties of the Code Enforcement Officer. The motion passed with a unanimous voice vote. 15. Consideration of Approval of a Photo Contest for the City Website and City-Owned Buildings City Clerk Swanson gave the staff report. ACTION: It was the consensus of the Council to approve a photo contest for the City website and City-owned buildings. CITY MANAGER AND COUNCILMEMBER REPORTS CCM 05-25-17 Page 6 of 7 FUTURE AGENDA ITEMS CLOSED SESSION: (1) CONFERENCE WITH LABOR NEGOTIATORS: Agency designated representatives: City Manager Greg Folsom; Employee organization: Clearlake Municipal Employees Association, Clearlake Police Officers Association, Clearlake Middle Management Association and Clearlake Management Employees (2) CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property: Represented by David Hughes; Location: 14060 Olympic Drive; City negotiator: City Manager, Greg Folsom; Negotiating party: David Hughes; under negotiation: Price and Terms of Payment. ADJOURNMENT There being no further business of the Council, the meeting was adjourned at 9:45 p.m., with no action taken in closed session. Melissa Swanson, City Clerk CCM 05-25-17 Page 7 of 7