City Council Regular Meeting

MINUTES CITY OF CLEARLAKE CITY COUNCIL & REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING April 12, 2018 CALL TO ORDER CLOSED SESSION: 5:17 P.M. Roll Call. Present: Bruno Sabatier, Mayor Phil Harris, Vice Mayor Nick Bennett, Councilmember Joyce Overton, Councilmember Russ Cremer, Councilmember Staff: Greg Folsom, City Manager Ryan Jones, City Attorney Melissa Swanson, City Clerk (1) CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property: Owned by the City of Clearlake; Location: 14360 Olympic Drive, Clearlake; City negotiator: City Manager Greg Folsom; Negotiating party: Jim Lujan; under negotiation: Price and Terms of Payment. (2) CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property: Owned by Victor Hunt; Location: 14130 Tuli Lane, Clearlake; City negotiator: City Manager Greg Folsom; Negotiating party: Victor Hunt; under negotiation: Price and Terms of Payment. (3) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION pursuant to Government Code §54956.9 – Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: 1 potential case. There being no further business of the Council, Closed Session adjourned at 6:00 p.m. CALL TO ORDER REGULAR CITY COUNCIL MEETING: 6:09 P.M. Roll Call. Present: Bruno Sabatier, Mayor Phil Harris, Vice Mayor Nick Bennett, Councilmember Joyce Overton, Councilmember Staff: Greg Folsom, City Manager Ryan Jones, City Attorney Tim Celli, Interim Chief of Police Melissa Swanson – City Clerk CCM 04-12-18 Page 1 of 8  Tina Viramontes – Deputy City Clerk Alan Flora – Finance Director Lee Lambert – Code Enforcement Supervisor Steve Felder – Code Enforcement Officer INVOCATION Bob Meyer gave the invocation. AGENDA APPROVAL, ADDITIONS AND/OR DELETIONS City Manager Greg Folsom requested to delete item #7 and move item #10 to Business. ACTION: It was moved by Councilmember Overton and seconded by Vice Mayor Harris to approve the agenda as amended. The motion passed with a unanimous voice vote. PRESENTATION 1. Presentation of a Retirement Plaque to Javier Macias 2. Presentation of a Proclamation Declaring Public Safety Telecommunications Week 3. Presentation of a Proclamation Declaring Sexual Assault Awareness Month 4. Presentation of a Proclamation Declaring Child Abuse Prevention Month 5. Presentation of a Proclamation Declaring Human Trafficking Awareness Month PUBLIC COMMENT Debbie Hann spoke regarding safety in Clearlake. Michael Hann spoke regarding dogs and the noise they create. Pattie Duke spoke regarding the lack of notice in the free publications for the Council meeting and regarding native oak trees. Consent Items Recommended Action 6.Warrant Registers Receive and file 7.Minutes of the February 8, February 22, and Receive and file February 26 Meetings 8.Consideration of Continuation of Declaration of By motion keep declaration of emergency Local Emergency Issued on October 9, 2017 and active and set next review for May 10, Ratified by Council Action October 12, 2017 2018 9.Consideration to Pay Out Half of Eligible Employee’s Authorize City Manager to approve a one- Accrued Compensation/Vacation Due to Special time cash-out of an employee’s accrual CCM 04-12-18 Page 2 of 8  Circumstances bank outside of the memorandum of understanding due to special circumstances 10.Consideration of Second Reading and Adoption of Hold second reading of Ordinance No. Ordinance No. 205-2018, An Uncodified 205-2018 by title only, waive further Ordinance of the City Council of the City of reading, and adopt ordinance Clearlake Approving a Development Agreement with Clearlake Growth Fund I, II, and III, LLC for the Property Located at 2395 Ogulin Canyon Road BUSINESS: 11.Consideration of Support for the Rotary Club of Clear Lake to Mount a New Welcome Sign on SR 53 and Lakeshore Drive City Manager Greg Folsom gave the Staff Report. ACTION: There was a consensus to proceed and bring back a final design. PUBLIC HEARING: Public Hearing to Confirm Assessments in the Amount of $33,500 for Administrative Penalties for Failure to Obtain an Outdoor Marijuana Cultivation Permit; Resolution No. 2018-12, A Resolution of the City Council of the City of Clearlake Confirming Special Assessments Consisting of Administrative Penalties for Failure to Obtain an Outdoor Marijuana Cultivation Permit prior to the Outdoor Cultivation of Marijuana and Approve Lien Against Real Properties in Accordance with Sections 1-5, 1-9, 10-1.9, 18-9.070(a), 18-9.090(a), 18-9.130 and 18-11.080 of the Clearlake Municipal Code Code Enforcement Supervisor Lambert gave the staff report and recommended to remove the following items due to compliance: 1. Location: 13765 Arrowhead Road. Clearlake, CA 95422 A.P.N. 039-101-170 Owner: Beltran Vega, Trinidad & Quiroz Acosta, Monserrath Action(s): Failure to abate Public Nuisance Administrative Penalty Assessment: $500.00 4. Location: 14179 Pearl Street. Clearlake, CA 95422 A.P.N.# 039-251-180 Owner: Evans, James Michael Trustee Action(s): Failure to obtain an outdoor cultivation permit Penalty Assessment: $500.00 6. Location: 14112 Woodland Drive. Clearlake, CA 95422 A.P.N.# 039-063-090 Owner: Zeidan, Frank A Action(s): Failure to obtain an outdoor cultivation permit CCM 04-12-18 Page 3 of 8  Administrative Penalty Assessment: $350.00 7. Location: 3051 6th Street. Clearlake, CA 95422 A.P.N.# 038-181-500 Owner: Dingess, Joseph John Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 13. Location: 3337 13th Street. Clearlake, CA 95422 A.P.N.# 038-221-110 Owner: Lopez-Ceja, Miguel Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 14. Location: 3377 13th Street. Clearlake, CA 95422 A.P.N.# 038-221-150 Owner: Moeller, Fred J Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 15. Location: 5933 Cottage Avenue. Clearlake, CA 95422 A.P.N.# 041-312-230 Owner: Rangel-Alvarado, Javier & Ayala, Maribel Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 16. Location: 15386 Hudson Street. Clearlake, CA 95422 A.P.N.# 041-352-380 Owner: Mills, Edward Richard & Bussear, Deborah S Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 18. Location: 15265 Konocti View Road. Clearlake, CA 95422 A.P.N.# 040-392-190 Owner: Sandy, Cheryl Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 19. Location: 3316 Lilac Avenue. Clearlake, CA 95422 A.P.N.# 039-466-060 Owner: Revheim, Julia C Trustee Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $300.00 20. Location: 6416 Old Highway 53. Clearlake, CA 95422 A.P.N.# 042-053-320 Owner: Efestione, Toni Lynn Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 22. Location: 14185 Uhl Avenue. Clearlake, CA 95422 A.P.N.# 040-035-090 Owner: Pimentel, Antonio & Teresa Action(s): Failure to obtain an outdoor cultivation permit CCM 04-12-18 Page 4 of 8  Administrative Penalty Assessment: $500.00 32. Location: 16034 18th Avenue. Clearlake, CA 95422 A.P.N.# 042-203-430 Owner: Creel, Estella M Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 35. Location: 15961 21st Avenue. Clearlake, CA 95422 A.P.N.# 042-176-300 Owner: Mayer, Hatti & Marie Lucile Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 36. Location: 16258 21st Avenue. Clearlake, CA 95422 A.P.N.# 042-274-280 Owner: Perez, Ceila Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $300.00 37. Location: 16288 21st Avenue. Clearlake, CA 95422 A.P.N.# 042-274-350 Owner: Penarubio, Maria Elena Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $300.00 38. Location: 16298 21st Avenue. Clearlake, CA 95422 A.P.N.# 042-274-280 Owner: Pedraza, Paula Lopez Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $300.00 39. Location: 16338 21st Avenue. Clearlake, CA 95422 A.P.N.# 042-274-340 Owner: Mendez, Carlos Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 43. Location: 16326 22nd Avenue. Clearlake, CA 95422 A.P.N.# 042-273-310 Owner: Orozco, Cesar Gomez Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 48. Location: 16225 29th Avenue. Clearlake, CA 95422 A.P.N.# 041-198-100 Owner: Galvez, Fernando Ceja & Meza, Gustavo Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 52. Location: 16383 31st Avenue. Clearlake, CA 95422 A.P.N.# 042-255-360 Owner: Andrade, Miguel Angel Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 CCM 04-12-18 Page 5 of 8  53. Location: 15839 32nd Avenue. Clearlake, CA 95422 A.P.N.# 041-161-290 Owner: Alvarez, Rosalva Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 56. Location: 15616 33rd Avenue. Clearlake, CA 95422 A.P.N.# 041-401-200 Owner: Green, Charles Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 57. Location: 16153 33rd Avenue. Clearlake, CA 95422 A.P.N.# 041-214-030 Owner: Trussler, Donald Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 60. Location: 16234 33rd Avenue. Clearlake, CA 95422 A.P.N.# 041-213-410 Owner: Barbosa, Arnold & Marie Trustee Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 61. Location: 16305 34th Avenue. Clearlake, CA 95422 A.P.N.# 042-241-060 Owner: Richards, Christine Marie Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 66. Location: 15628 37th Avenue. Clearlake, CA 95422 A.P.N.# 041-383-360 Owner: Pedraza Lopez, Paula Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 67. Location: 15474 38th Avenue. Clearlake, CA 95422 A.P.N.# 041-334-340 Owner: Hernandez, Filepe & Barderas, Aide Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 72. Location: 15654 Sharpe Drive. Clearlake, CA 95422 A.P.N.# 042-102-210 Owner: Cano, Maria H & Glenton Jose Action(s): Failure to obtain an outdoor cultivation permit Administrative Penalty Assessment: $500.00 Mayor Sabatier opened the Public Hearing at 7:12 PM. Christopher White spoke against the assessment regarding property #2 at 3713 Koloko St. CCM 04-12-18 Page 6 of 8 Marcella Dorado spoke against the assessment regarding property #41 at 15597 22nd Ave. James Marmon spoke against the assessment regarding property # 58 located at 16163 33rd Ave. ACTION: It was moved by Vice Mayor Harris with seconded by Councilmember Overton to close Public Hearing at 7:40 PM. The motion was approved with a unanimous roll call vote. ACTION: It was moved by Vice Mayor Harris and seconded by Councilmember Overton to adopt A Resolution of the City Council of the City of Clearlake Confirming Special Assessments Consisting of Administrative Penalties for Failure to Obtain an Outdoor Marijuana Cultivation Permit prior to the Outdoor Cultivation of Marijuana and Approve Lien Against Real Properties in Accordance with Sections 1-5, 1-9, 10-1.9, 18-9.070(a), 18-9.090(a), 18-9.130 and 18-11.080 of the Clearlake Municipal Code. The motion passed with a unanimous roll call vote. BUSINESS (CONTINUED): 12.Consideration of a Letter of Support for SB 897, the Residential Property Insurance: Wildfires City Manager gave the Staff Report. Action: It was moved by Vice Mayor Harris and seconded by Councilmember Overton to close Public Hearing at 7:20 PM. The motion passed with a unanimous roll call vote. Action: It was moved to adopt letter of support to authorize Mayor to sign the letter in support of SB 897. The motion passed with a unanimous voice vote. 13. Consideration of Opposition to State Ballot Measure Restricting Local Taxing Authority; Resolution No. 2018-13, A Resolution of the City Council of the City of Clearlake Opposing the Tax Fairness, Transparency and Accountability Act of 2018 City Manager Greg Folsom gave the Staff Report. Action: It was motioned by Councilmember Overton and seconded by Councilmember Cremer to adopt Resolution No. 2018-13 and authorize the Mayor send a letter of opposition to the businesses listed by the League of California Cities. The motion passed with a unanimous roll call vote. 14. Review of Norms and Procedures and Consideration of a Rescinding a Policy for Appointment of Planning Commission Members. City Clerk Melissa Swanson gave the Staff Report. ACTION: It was the consensus of the Council to rescind the policy for appointment of Planning Commission members and allow the City Council to interview all applicants, unless the City Clerk receives more than ten applications, in which case, the Mayor may appoint an ad hoc committee to review the applications and recommend applicants for further review to the Council. CCM 04-12-18 Page 7 of 8 CITY MANAGER AND COUNCILMEMBER REPORTS 15.Changes to the Mayor’s Appointments for 2018. ACTION: Mayor Sabatier appointed Councilmember Cremer to all vacancies. It was moved by Vice Mayor Harris and seconded by Councilmember Bennett to accept the Mayor’s appointments. The motion passed with a unanimous voice vote. 16.Consideration of Appointing Councilmembers as Representatives to the League of California Cities Redwood Empire Division, Resolution No. 2018-14 ACTION: It was motioned by Vice Mayor Harris and seconded by Councilmember Bennett to appoint Councilmember Overton as the Primary Member and Councilmember Cremer as the Alternate and adopt Resolution No. 2018-14. The Resolution was adopted with a unanimous voice vote. ADJOURNMENT There being no further business of the Council, the meeting was adjourned at 8:23 p.m. Melissa Swanson, City Clerk CCM 04-12-18 Page 8 of 8