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City Council Regular Meeting

Regular Meeting

Clearlake, CA · September 16, 2021

AgendaPacketMinutes

Minutes

CITY COUNCIL REGULAR MEETING Clearlake City Hall Council Chambers 14050 Olympic Dr, Clearlake, CA Thursday, September 16, 2021 Workshop 5:30 PM Regular Meeting 6:00 PM MINUTES Zoom Link: https://clearlakeca.zoom.us/j/84700174234 A. ROLL CALL PRESENT Mayor Dirk Slooten Vice Mayor Russ Perdock Council Member David Claffey Council Member Russ Cremer Council Member Joyce Overton B. PRESENTATIONS 1. 5:30 P.M. Presentation of MuniCode Agenda Management Processes for City Council Members C. PLEDGE OF ALLEGIANCE D. INVOCATION/MOMENT OF SILENCE E. ADOPTION OF THE AGENDA (This is the time for agenda modifications.) CIty Manager Flora asked to delete #3 from the agenda. Motion made by Council Member Overton, Seconded by Vice Mayor Perdock. Voting Yea: Mayor Slooten, Vice Mayor Perdock, Council Member Claffey, Council Member Cremer, Council Member Overton F. PRESENTATIONS 2. Presentation of September's Adoptable Dogs 3. Swearing In of New and Promoted Police Department Employees This item was deleted from the agenda. September 16, 2021 Page. 2 4. Presentation of a Proclamation Declaring September 24, 2021 as Native American Day G. PUBLIC COMMENT Sheryl Almon spoke regarding the Lake County Continuum of Care Community Survey. H. CONSENT AGENDA Motion made by Council Member Cremer, Seconded by Council Member Claffey. Voting Yea: Mayor Slooten, Vice Mayor Perdock, Council Member Claffey, Council Member Cremer, Council Member Overton 5. Continuation of Declaration of Local Emergency Issued on March 14, 2020 and Ratified by Council Action on March 19, 2020 Recommended Action: By motion keep declaration of emergency active and set next review in sixty days 6. Continuation of Declaration of Local Emergency Issued on October 9, 2017 and Ratified by Council Action October 12, 2017 Recommended Action: By motion keep declaration of emergency active and set next review in 30 days 7. Continuation of Declaration of Local Emergency Issued on August 18, 2021 and Ratified by Council Action on August 19, 2021 Recommended Action: By motion keep declaration of emergency active and set next review in sixty days 8. Warrants Recommended Action: Receive and file 9. Minutes of the August 11, 2021 Lake County Vector Control District Board Meeting Recommended Action: Receive and file 10. Solar Powered Lighting Purchase for Austin Park Promenade I. PUBLIC HEARING 11. Consideration of Appeal application AP 2021-03 in regards to the Planning Commission's denial of companion application AP 2021-02 following the Director's determination of Administrative Use Permit application AUP 2021-07, authorizing a drive-through/walk up coffee shop with limited outdoor seating located at 14760 Olympic Drive, further described as APN 039-570-18. Recommended Action: Make a finding either to deny or approve Appeal application AP 2021- 03 via the associated Resolution No. 2021-46 in reconsideration of Administrative Use Permit AUP 2021-07 City Manager Flora gave the staff report. September 16, 2021 Page. 3 Appellant Diana Drake spoke regarding the appeal. The owners of Mudslingers provided a rebuttal to the appeal. Mayor Slooten opened the Public Hearing at 6:28 p.m. Dave Hughes spoke in favor of granting the appeal. Sheryl Almon spoke against granting the appeal. Lori (no last name given) spoke against granting the appeal. The appellant gave final remarks to the Council. Mayor Slooten closed the public hearing at 6:42 p.m. Move to adopt Resolution No. 2021-46, A Resolution of the City Council of the City of Clearlake Denying Appeal Application AP 2021-03, upholding the Director's approval of Administrative Use Permit 2021-07 and Categorical Exemption, CE 2021-06, authorizing the installation of drive-through/walk-up coffee shop with limited outdoor seating located at 14760 Olympic Drive, further described as Assessor Parcel Number (APN) 039-570-18 when located in the Mixed Use (MUX) Zoning District. Motion made by Council Member Cremer, Seconded by Council Member Claffey. Voting Yea: Mayor Slooten, Vice Mayor Perdock, Council Member Claffey, Council Member Cremer, Council Member Overton J. BUSINESS 12. Update and Discussion on the Cache Fire Recommended Action: Provide Direction to Staff City Manager Flora gave an update on the Cache Fire actions. 13. Award of Contract for the Sulphur Fire Disaster Roadway Improvement Project Recommended Action: Authorize City Manager to enter into a contract with Argonaut Constructors for the Sulphur Fire Disaster Roadway Improvement Project in the amount of $6,494,914.00 and authorize the City Manager to approve up to 10% for additional unforeseen contract amendments. City Manager Flora gave the staff report. Motion made by Council Member Overton, Seconded by Vice Mayor Perdock. Voting Yea: Mayor Slooten, Vice Mayor Perdock, Council Member Claffey, Council Member Cremer, Council Member Overton September 16, 2021 Page. 4 14. Award of contract for Inspection and Materials Testing for the Sulphur Fire Roadway Disaster Repair Project Recommended Action: Authorize City Manager to enter into contract with Green Valley Consulting Engineers for the total amount of $227,360.00 and authorize the City Manager to approve up to 10% for additional unforeseen contract amendments. City Manager Flora gave the staff report. He asked for authorization to add additional tasks to the contract for performance that the current contract city engineer is unable to complete at a cost of $59,600. Motion made by Council Member Cremer, Seconded by Vice Mayor Perdock. Voting Yea: Mayor Slooten, Vice Mayor Perdock, Council Member Claffey, Council Member Cremer, Council Member Overton 15. Consideration of Extending Temporary Agreements with North Bay Animal Services for Animal Control Officer and Kennel Technician Services Recommended Action: Approve continuation of agreements and waive competitive bidding. Chief White gave the staff report. Motion made by Council Member Cremer, Seconded by Council Member Overton. Voting Yea: Mayor Slooten, Vice Mayor Perdock, Council Member Claffey, Council Member Cremer, Council Member Overton 16. Consideration of Response to the 2020-21 Lake County Civil Grand Jury Report Recommended Action: Approve Letter in Response and Authorize the Mayor to Sign. City Manager Flora gave the staff report. Motion by Council Member Overton, Seconded by Council Member Cremer. Voting Yea: Mayor Slooten, Vice Mayor Perdock, Council Member Claffey, Council Member Cremer, Council Member Overton 17. Discussion and Possible Action Regarding California's Redistricting Process Recommended Action: Adopt Resolution City Manager Flora gave the staff report. It was the consensus of the Council to direct staff to send a letter to the Lake County Board of Supervisors to consider an additional response to the Redistricting Commission to state the entirety of Lake County should be within one district. Motion to adopt Resolution 2021-47: September 16, 2021 Page. 5 Motion made by Council Member Cremer, Seconded by Council Member Claffey. Voting Yea: Mayor Slooten, Vice Mayor Perdock, Council Member Claffey, Council Member Cremer, Council Member Overton K. CITY MANAGER AND COUNCILMEMBER REPORTS L. FUTURE AGENDA ITEMS Vice Mayor Perdock asked for consensus of the Council to discuss burned structures within the City, other than those affected by the Cache Fire, with a plan to abate. M. CLOSED SESSION (18) Conference with Legal Counsel- Existing Litigation: Pursuant to Government Code Section 54956.9: Case No. CV-421149; Name of Case: City of Clearlake v. County of Lake, a political subdivision of the State of California; Board of Supervisors of the County of Lake, a public body of the County of Lake; Barbara C. Ringen, in her official capacity as the Treasurer-Tax Collector of the County of Lake; and Does 1 through 30, inclusive (19) Conference with Legal Counsel- Liability Claims- Pursuant to Government Code 54961: Claimant: Benjamin Finneston; Agency Claimed Against: City of Clearlake N. ANNOUNCEMENT OF ACTION FROM CLOSED SESSION The Council voted in Closed Session to reject the Claim of Benjamin M. Finneston. Motion made by Council Member Cremer, Seconded by Vice Mayor Perdock. Voting Yea: Mayor Slooten, Vice Mayor Perdock, Council Member Claffey, Council Member Cremer, Council Member Overton There was no further action taken in Closed Session. O. ADJOURNMENT The meeting was adjourned at 7:52 p.m. BY: Melissa Swanson, Administrative Services Director/City Clerk

Agenda

CITY COUNCIL REGULAR MEETING Clearlake City Hall Council Chambers 14050 Olympic Dr, Clearlake, CA Thursday, September 16, 2021 Workshop 5:30 PM Regular Meeting 6:00 PM On March 12, 2020, Governor Newsom issued Executive Order N-25-20, which allows Council Members to attend City Council meetings telephonically. On June 11, 2021, Governor Newsom extended this Order through September 30, 2021. Please be advised that some, or all, of the Clearlake City Council Members may attend this meeting telephonically. The City Council meetings are viewable in person in the Council Chambers, via livestreaming on the City’s YouTube Channel (https://www.youtube.com/channel/UCTyifT_nKS-3woxEu1ilBXA) or “Lake County PEG TV Live Stream” at https://www.youtube.com/user/LakeCountyPegTV/featured and the public may participate through Zoom at the link listed below. The public can submit comments and questions in writing for City Council consideration by sending them to the Administrative Services Director/City Clerk at mswanson@clearlake.ca.us. To give the City Council adequate time to review your questions and comments, please submit your written comments prior to 4:00 p.m. on the day of the meeting. AGENDA MEETING PROCEDURES: All items on agenda will be open for public comments before final action is taken. Citizens wishing to introduce written material into the record at the public meeting on any item are requested to provide a copy of the written material to the Administrative Services Director/City Clerk prior to the meeting date so that the material may be distributed to the City Council prior to the meeting. Speakers must restrict comments to the item as it appears on the agenda and stay within a three minutes time limit. The Mayor has the discretion of limiting the total discussion time for an item. AMERICANS WITH DISABILITY ACT (ADA) REQUESTS If you need disability related modification, including auxiliary aids or services, to participate in this meeting, please contact Melissa Swanson, Administrative Services Director/City Clerk at the Clearlake City Hall, 14050 Olympic Drive, Clearlake, California 95422, phone (707) 994-8201, ext 106, or via email at mswanson@clearlake.ca.us at least 72 hours prior to the meeting, to allow time to provide for special accommodations. AGENDA REPORTS Staff reports for each agenda item are available for review at www.clearlake.ca.us. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection on the City’s website at www.clearlake.ca.us. Zoom Link: https://clearlakeca.zoom.us/j/84700174234 A. ROLL CALL September 16, 2021 Page. 2 B. WORKSHOP 1. 5:30 P.M. Presentation of MuniCode Agenda Management Processes for City Council Members C. PLEDGE OF ALLEGIANCE D. INVOCATION/MOMENT OF SILENCE: The City Council invites members of the clergy, as well as interested members of the public in the City of Clearlake, to voluntarily offer an invocation before the beginning of its meetings for the benefit and blessing of the City Council. This opportunity is voluntary and invocations are to be less than three minutes, offered in a solemn and respectful tone, and directed at the City Council. Invocational speakers who do not abide by these simple rules of respect and brevity shall be given a warning and/or not invited back to provide a subsequent invocation for a reasonable period of time, as determined appropriate by the City. This policy is not intended, and shall not be implemented or construed in any way, to affiliate the City Council with, nor express the City Council's preference for, any faith or religious denomination. Rather, this policy is intended to acknowledge and express the City Council's respect for the diversity of religious denominations and faith represented and practiced among the citizens of Clearlake. If a scheduled invocational speaker does not appear at the scheduled meeting, the Mayor will ask that the City Council observe a moment of silence in lieu of the invocation. More information about the City's invocation policy is available upon request by contacting the Administrative Services Director/City Clerk at (707) 994-8201x106 or via email at mswanson@clearlake.ca.us. E. ADOPTION OF THE AGENDA (This is the time for agenda modifications.) F. PRESENTATIONS 2. Presentation of September's Adoptable Dogs 3. Swearing In of New and Promoted Police Department Employees 4. Presentation of a Proclamation Declaring September 24, 2021 as Native American Day G. PUBLIC COMMENT: This is the time for any member of the public to address the City Council on any matter not on the agenda that is within the subject matter jurisdiction of the City. The Brown Act, with limited exceptions, does not allow the Council or staff to discuss issues brought forth under Public Comment. The Council cannot take action on non-agenda items. Concerns may be referred to staff or placed on the next available agenda. Please note that comments from the public will also be taken on each agenda item. Comments shall be limited to three (3) minutes per person. H. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine in nature and will be approved by one motion. There will be no separate discussion of these items unless a member of the Council requests otherwise, or if staff has requested a change under Adoption of the Agenda, in which case the item will be removed for separate consideration. Any item so removed will be taken up following the motion to approve the Consent Agenda. 5. Continuation of Declaration of Local Emergency Issued on March 14, 2020 and Ratified by Council Action on March 19, 2020 September 16, 2021 Page. 3 Recommended Action: By motion keep declaration of emergency active and set next review in sixty days 6. Continuation of Declaration of Local Emergency Issued on October 9, 2017 and Ratified by Council Action October 12, 2017 Recommended Action: By motion keep declaration of emergency active and set next review in 30 days 7. Continuation of Declaration of Local Emergency Issued on August 18, 2021 and Ratified by Council Action on August 19, 2021 Recommended Action: By motion keep declaration of emergency active and set next review in sixty days 8. Warrants Recommended Action: Receive and file 9. Minutes of the August 11, 2021 Lake County Vector Control District Board Meeting Recommended Action: Receive and file 10. Solar Powered Lighting Purchase for Austin Park Promenade Recommended Action: Authorize purchase I. PUBLIC HEARING 11. Consideration of Appeal application AP 2021-03 in regards to the Planning Commission's denial of companion application AP 2021-02 following the Director's determination of Administrative Use Permit application AUP 2021-07, authorizing a drive-through/walk up coffee shop with limited outdoor seating located at 14760 Olympic Drive, further described as APN 039-570-18. Recommended Action: Make a finding either to deny or approve Appeal application AP 2021- 03 via the associated Resolution No. 2021-46 in reconsideration of Administrative Use Permit AUP 2021-07 J. BUSINESS 12. Update and Discussion on the Cache Fire Recommended Action: Provide Direction to Staff 13. Award of Contract for the Sulphur Fire Disaster Roadway Improvement Project Recommended Action: Authorize City Manager to enter into a contract with Argonaut Constructors for the Sulphur Fire Disaster Roadway Improvement Project in the amount of $6,494,914.00 and authorize the City Manager to approve up to 10% for additional unforeseen contract amendments. 14. Award of contract for Inspection and Materials Testing for the Sulphur Fire Roadway Disaster Repair Project Recommended Action: Authorize City Manager to enter into contract with Green Valley September 16, 2021 Page. 4 Consulting Engineers for the total amount of $227,360.00 and authorize the City Manager to approve up to 10% for additional unforeseen contract amendments. 15. Consideration of Extending Temporary Agreements with North Bay Animal Services for Animal Control Officer and Kennel Technician Services Recommended Action: Approve continuation of agreements and waive competitive bidding. 16. Consideration of Response to the 2020-21 Lake County Civil Grand Jury Report Recommended Action: Approve Letter in Response and Authorize the Mayor to Sign. 17. Discussion and Possible Action Regarding California's Redistricting Process Recommended Action: Adopt Resolution K. CITY MANAGER AND COUNCILMEMBER REPORTS L. FUTURE AGENDA ITEMS M. CLOSED SESSION (18) Conference with Legal Counsel- Existing Litigation: Pursuant to Government Code Section 54956.9: Case No. CV-421149; Name of Case: City of Clearlake v. County of Lake, a political subdivision of the State of California; Board of Supervisors of the County of Lake, a public body of the County of Lake; Barbara C. Ringen, in her official capacity as the Treasurer-Tax Collector of the County of Lake; and Does 1 through 30, inclusive (19) Conference with Legal Counsel- Liability Claims- Pursuant to Government Code 54961: Claimant: Benjamin Finneston; Agency Claimed Against: City of Clearlake N. ANNOUNCEMENT OF ACTION FROM CLOSED SESSION O. ADJOURNMENT POSTED: September 10, 2021 BY: Melissa Swanson, Administrative Services Director/City Clerk

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