City Council Regular Meeting

MINUTES CITY OF CLEARLAKE CITY COUNCIL & REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING OCTOBER 26, 2017 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 Staff: Greg Folsom, City Manager Ryan Jones, City Attorney Tim Celli, Acting Chief of Police Melissa Swanson, City Clerk Chris Becnel, Director of Finance Julie Burrow, Assistant Planner Lee Lambert, Code Enforcement Supervisor Tina Viramontes, Code Enforcement Officer Steve Felder, Code Enforcement Officer INVOCATION Pastor Chris Gravesen gave the invocation. AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS ACTION: It was moved by Vice Mayor Sabatier and seconded by Councilmember Harris to approve the agenda as presented. The motion passed with a unanimous voice vote. PRESENTATION 1. Presentation of Certificates of Recognition to the Sulphur Fire First Responders PUBLIC COMMENT Richard Bean commended Code Enforcement for the removal of an abandoned vehicle in the Village. CCM 10-26-17 Page 1 of 5 Consent Items Recommended Action 5. Warrant Registers Receive and file 6. Minutes of the September 13, 2017 LCVCDB Receive and file Minutes 7. Consideration of Modification to Resolution Adopt resolution No. 2017-80, and Reaffirmation of Appointment of the Lake County Health Officer to Act as the City’s Public Health Officer; Resolution No. 2017- 85 8. Consideration of Continuation of Declaration By motion keep declaration of emergency of Local Emergency Issued on October 9, 2017 and active and set next review for November Ratified by Council Action October 12, 2017 9, 2017 9. Consideration of Continuation of Declaration By motion keep declaration of emergency of a Local Health Emergency Issued on October active and set next review for November 12, 2017 and Ratified by Council Action on 9, 2017 October 18, 2017 10. Consideration of An Agreement with the Adopt resolution County of Lake for Sulphur Fire Site Debris Clean Up of Impacted Properties within City Limits; Resolution No. 2017-86 ACTION: It was moved by Councilmember Harris and seconded by Councilmember Overton to approve the Consent Calendar as presented. The motion passed with a unanimous voice vote. PUBLIC HEARING 8. Public Hearing to consider confirmation of assessment(s) in the total amount of $32,500.00 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 and 10-5.6 Code Enforcement Officer Viramontes gave the staff report. Mayor Perdock opened the Public Hearing at 6:20 p.m. 1. 4317 Old Highway 53 There was no comment on this item. 2. 3130 13th Street Councilmember Harris recused himself from the dais at 6:21 p.m. on this item as the owner is a personal friend. CCM 10-26-17 Page 2 of 5 This item was removed from the assessment list due to compliance. Councilmember Harris returned to the dais at 6:22 p.m. 3. 15170 Lakeview Avenue There was no public comment on this item. 4. 5289 Cass Avenue This item was removed from the assessment list due to compliance. 5. 5835 Mohican Place This item was removed from the assessment list due to compliance. 6. 2875 Old Highway 53 Jeff Smith stated he has received numerous complaints on this property. Dave Hughes stated he is in favor of assessment. 7. 13672 Arrowhead Jeff Smith spoke in favor of assessment. ACTION: It was moved by Vice Mayor Sabatier and seconded by Councilmember Overton to close the Public Hearing. The motion passed with a unanimous voice vote. ACTION: It was moved by Councilmember Harris and seconded by Councilmember Overton to adopt Resolution No 2017-82: 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 Approve Lien Against Real Properties 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 and 10-5.6 of the Clearlake Municipal Code, with the above listed properties removed from the list. 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 15602 30th 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 Code Enforcement Officer Felder gave the staff report. Mayor Perdock opened the Public Hearing at 6:55 p.m. CCM 10-26-17 Page 3 of 5 There was no public comment. ACTION: It was moved by Councilmember Harris and seconded by Councilmember Bennett to close the Public Hearing. The motion passed with a unanimous voice vote. ACTION: It was moved by Vice Mayor Sabatier and seconded by Councilmember Bennett to approve Resolution No 2017-83, denying the appeal and to read it by title only. 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 15902 39th 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 Code Enforcement Officer Felder gave the staff report. Dave Hughes asked questions on the abatement process. Jeff Smith asked questions on the assessment amounts. ACTION: It was moved by Councilmember Harris and seconded by Vice Mayor Sabatier to close the Public Hearing. The motion passed with a unanimous voice vote. ACTION: It was moved by Vice Mayor Sabatier and seconded by Councilmember Overton to approve Resolution No 2017-84, denying the appeal and to read it by title only. The motion passed with a unanimous roll call vote. BUSINESS: 11. Consideration of Second Reading of Commercial Cannabis Ordinance No. 200-2017 and Ordinance No. 201-2017 Amending the Marijuana Dispensary Ordinance City Manager Folsom gave the staff report. ACTION: It was moved by Vice Mayor Sabatier and seconded by Councilmember Harris to hold second reading of Ordinance No. 200-2017, read it by title only, waive further reading and adopt the ordinance. The motion passed with a unanimous roll call vote. ACTION: It was moved by Vice Mayor Sabatier and seconded by Councilmember Harris to hold second reading of Ordinance No. 201-2017, read it by title only, waive further reading and adopt the ordinance. The motion passed with a 4-1 roll call vote, with Councilmember Bennett voting against. 12. Review of the City of Clearlake Code Enforcement Division for the period June 1, 2017 to October 20, 2017 CCM 10-26-17 Page 4 of 5 Finance Director Becnel gave the staff report. No action was taken by Council on this item. 13. Consideration of Resolution No. 2017-81, A Resolution of the City Council of the City of Clearlake Approving a Temporary Street Closure for the 5th Annual Trunk-or-Treat Event at the Lake County Youth Center/Redbud Park Vice Mayor Sabatier recused himself from the dais at 9:06 p.m. because he was part of the organization applying for the street closure. City Manager Folsom gave the staff report. ACTION: It was moved by Councilmember Harris and seconded by Councilmember Overton to approve Resolution No. 2017-81. The motion passed with a 4-0-1 roll call vote, with Vice Mayor Sabatier absent. Vice Mayor Sabatier returned to the dais at 9:09 p.m. CITY MANAGER AND COUNCILMEMBER REPORTS FUTURE AGENDA ITEMS ADJOURNMENT There being no further business of the Council, the meeting was adjourned at 9:35 p.m. Melissa Swanson, City Clerk CCM 10-26-17 Page 5 of 5