City Council Regular Meeting

CITY COUNCIL REGULAR MEETING Clearlake City Hall Council Chambers 14050 Olympic Dr, Clearlake, CA Thursday, January 20, 2022 Closed Session Meeting 5:00 PM Regular Meeting 6:00 PM 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. AMENDED 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. 5:00 PM Closed Session Meeting A. ROLL CALL B. CLOSED SESSION (1) Conference with Real Property Negotiators: Pursuant to Government Code Section 54956.8. Property Address: 6820, 6828 & 6885 Old Highway 53, Clearlake; Agency Negotiation: City January 20, 2022 Page. 2 Manager Alan Flora; Negotiating Parties: Sutter Equities & Margetich Development, Inc.; Under Negotiation: Price and terms of payment. Open Session Zoom Link: https://clearlakeca.zoom.us/j/81719695533 6:00 PM Regular Meeting 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. ANNOUNCEMENT OF ACTION FROM CLOSED SESSION G. PRESENTATIONS 2. Presentation of January's Adoptable Dogs H. 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. I. 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. 3. Authorization of an Amendment of Agreement with ECORP Consulting Inc. for extended Environmental/Archaeological services for the Dam Road Roundabout Project January 20, 2022 Page. 3 Recommended Action: Approve amendment of contract with ECORP Consulting in the amount of $17,000. 4. Continuation of Authorization to Implement and Utilize Teleconference Accessibility to Conduct Public Meetings Pursuant to Assembly Bill 361 Recommended Action: Adopt Resolution 5. Continuation of Declaration of Local Emergency Issued on August 23, 2021 and Ratified by Council Action on September 16, 2021 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 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 7. 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 8. Warrants Recommended Action: Receive and file 9. Award of Contract for Design Services for the ATP Dam Road/South Center Improvement Project Recommended Action: Authorize City Manager to enter into a contract with California Engineering Company for Design Services for the ATP Dam Road/South Center Improvement Project. 10. Amendment of Construction Contract for additional work for the 2021 Measure V Improvement Project Recommended action: Move to approve the amendment of contract for up to $180,000. 11. Amendment to Price Consulting Services Consulting Contract Recommended Action: Approve the continuation of planning services agreement with Price Consulting Services (Gary Price) to extend the contract through December 31, 2023 and increase the contract by an amount not to exceed $70,000.00 J. PUBLIC HEARING (CONTINUED FROM JANUARY 6, 2022) 12. Consideration of Appeal (AP 2021-04) of the Planning Commission's approval of Conditional Use Perm Applications (CUP 2021-05 through 08) and approval of the corresponding Mitigated Negative Declaration (IS 2021-02) for commercial cannabis operations located at 2185 Ogulin Canyon Road (Ogulin Hills, LLC). Recommended Action: Adopt Resolution CC 2022-03 Denying Appeal Application AP 2021-04. January 20, 2022 Page. 4 13. Consideration of Ordinance No. 258-2022, Approving a Development Agreement, DA 2021-04 for Ogulin Canyon Holdings, LLC to allow a cannabis operation located at 2185 Ogulin Canyon Road, Clearlake, CA 95422 Recommended Action: Approve a development agreement with Ogulin Canyon Holdings, LLC and hold the first reading of Ordinance No. 258-2022 K. BUSINESS 14. Review and Approve the Submittal of the FY 22-23 ROPS for the period of July 1, 2022, through June 30, 2023; Resolution No. OB 2022-01 Recommended Action: Approve ROPS 22-23 for the period of July 1, 2022, through June 30, 2023 and authorize the Chair to sign Resolution stating the same L. CITY MANAGER AND COUNCILMEMBER REPORTS M. FUTURE AGENDA ITEMS N. ADJOURNMENT POSTED: January 17, 2022 BY: Melissa Swanson, Administrative Services Director/City Clerk