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City Council Regular Meeting

Regular Meeting

Clearlake, CA · July 7, 2022

AgendaPacketMinutes

Minutes

CITY COUNCIL REGULAR MEETING Clearlake City Hall Council Chambers 14050 Olympic Dr, Clearlake, CA Thursday, July 07, 2022 Regular Meeting 6:00 PM MINUTES A. CLOSED SESSION (1) Conference with Legal Counsel: Existing Litigation Pursuant to Government Code Section 54956.9: Name of Case: City of Clearlake v. Sunshine Properties LLC (14630 Olympic Drive, Clearlake CA 95422), Case Number CV422746, Lake County Superior Court (2) 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 (3) Conference with Labor Negotiators: Pursuant to Government Code Section 54957.6: Agency designated representatives: City Manager Flora; Employee Organization: Unrepresented Management Employees (4) Conference with Legal Counsel: Anticipated Litigation Pursuant to Government Code Section 54956.9(b): Two (2) Potential Cases B. ANNOUNCEMENT OF ACTION FROM CLOSED SESSION City Attorney Jones stated there was no action taken in closed session. Zoom Link: https://clearlakeca.zoom.us/j/84997130847 C. ROLL CALL D. PLEDGE OF ALLEGIANCE E. INVOCATION/MOMENT OF SILENCE F. ADOPTION OF THE AGENDA Motion made by Vice Mayor Perdock, Seconded by Council Member Cremer. Voting Yea: Mayor Slooten, Vice Mayor Perdock, Council Member Claffey, Council Member Cremer, Council Member Overton July 07, 2022 Page. 2 G. PRESENTATIONS H. PUBLIC COMMENT Councilmember Cremer asked for the Council to recognize Firefighters Appreciation Week. I. CONSENT 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 5. Warrants Recommended Action: Receive and file 6. 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 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. Continuation of Authorization to Implement and Utilize Teleconference Accessibility to Conduct Public Meetings Pursuant to Assembly Bill 361 Recommended Action: Adopt Resolution 9. Minutes of the April and May Meetings Recommended Action: Receive and file 10. Notification of Expiring Committee Appointments Recommended Action: Receive and file Mayor Slooten noted a correction to the Mayor's Appointments to add that Councilmember Perdock is a member to the APC. J. PUBLIC HEARING 11. Consideration of the partial abandonment of Spruce Avenue and Armijo Avenue North of 18th Avenue. Recommended Action: Adopt Resolution # 2022-45 City Manager Flora gave the staff report. Mayor Slooten opened the public hearing at 6:17 p.m.There were no public comments. July 07, 2022 Page. 3 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 12. Public Hearing to Consider Development Agreement, DA 2022-01 for a Commercial Cannabis Operation located at 2250 Ogulin Canyon Road, further described as Assessor Parcel Number 010-044-19. Recommended Action: Hold first reading of Ordinance # 264-2022, read by title only, waive further reading and set second reading for July 21, 2022 City Manager Flora gave the staff report. Mayor Slooten opened the public hearing at 6:19 p.m. There were no public comments. Motion made 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 K. BUSINESS 13. Discussion Regarding Mandatory Water Allocations and other Drought Mitigation Measures Recommended Action: Direction to Staff. City Manager Flora gave the staff report. Keith Ahart with Golden State Water Company was present to discuss drought mitigation measures. Frank Costner with Konocti County Water District was also present to discuss drought mitigation measures. There were no actions taken by Council on this item. 14. Re-introduction for first reading Ordinance No. 263-2022 Amending Chapter 8, Section 8-6 of the Clearlake Municipal Code Relating to Traffic and Parking Regulations Recommended Action: Hold first reading of Ordinance No. 263-2022, read by title only, waive further reading and set second reading and adoption for July 21, 2022 City Attorney Jones gave the staff report. 15. Consideration of Approval of Lakeshore Drive Design with BKF Engineering Recommended Action: Authorize the City Manager to execute a contract with BKF Engineering for Phase One and Two of Lakeshore Drive Design not-to-exceed $450,000 Finance Director Young gave the staff report. Motion made by Council Member Cremer, Seconded by Vice Mayor Perdock. Voting Yea: Mayor Slooten, Vice Mayor Perdock, Council Member Claffey, Council Member July 07, 2022 Page. 4 Cremer, Council Member Overton 16. Consideration and Approval of On Call Consultant Contracts Recommended Action: Authorize City Manager to execute nine (9) on-call consulting contracts for a not-to-exceed amount of $200,000 per contract Finance Director Young gave the staff report. 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 17. Award of Contract for the 2022 Chip Seal Project Recommended Action: Move to approve the contract and authorize the City Manager to approve up to 10% for additional unforeseen contract amendments. Contract City Engineer Swartz gave the staff report. 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 18. Consideration of Updates to Management Classification and Benefits Plan Recommended Action: Adopt Updates to the Management Classification and Benefits Plan City Manager Flora gave the staff report. It was moved for 6% for COLA to bring it even with the other bargaining units. 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 19. Consideration of Designation of Voting Delegates and Alternate(s) For the League of California Cities Annual Conference in September Recommended Action: Move to appoint one Council Member and up to two alternates as voting delegates Administrative Services Director/City Clerk Swanson gave the staff report. Cremer with Perdock alt and Claffey 2nd alt; Motion made by Vice Mayor Perdock, Seconded by Mayor Slooten. Voting Yea: Mayor Slooten, Vice Mayor Perdock, Council Member Claffey, Council Member Cremer, Council Member Overton July 07, 2022 Page. 5 L. CITY MANAGER AND COUNCILMEMBER REPORTS M. FUTURE AGENDA ITEMS N. ADJOURNMENT The meeting was adjourned at 7:40 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, July 07, 2022 Closed Session 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. 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. Closed Session 5:00 PM A. CLOSED SESSION (1) Conference with Legal Counsel: Existing Litigation Pursuant to Government Code Section 54956.9: Name of Case: City of Clearlake v. Sunshine Properties LLC (14630 Olympic Drive, Clearlake CA 95422), Case Number CV422746, Lake County Superior Court July 07, 2022 Page. 2 (2) 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 (3) Conference with Labor Negotiators: Pursuant to Government Code Section 54957.6: Agency designated representatives: City Manager Flora; Employee Organization: Unrepresented Management Employees (4) Conference with Legal Counsel: Anticipated Litigation Pursuant to Government Code Section 54956.9(b): Two (2) Potential Cases B. ANNOUNCEMENT OF ACTION FROM CLOSED SESSION Zoom Link: https://clearlakeca.zoom.us/j/84997130847 Regular Meeting 6:00 PM C. ROLL CALL D. PLEDGE OF ALLEGIANCE E. 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. F. ADOPTION OF THE AGENDA (This is the time for agenda modifications.) G. PRESENTATIONS 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 July 07, 2022 Page. 3 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. 5. Warrants Recommended Action: Receive and file 6. 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 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. Continuation of Authorization to Implement and Utilize Teleconference Accessibility to Conduct Public Meetings Pursuant to Assembly Bill 361 Recommended Action: Adopt Resolution 9. Minutes of the April and May Meetings Recommended Action: Receive and file 10. Notification of Expiring Committee Appointments Recommended Action: Receive and file J. PUBLIC HEARING 11. Consideration of the partial abandonment of Spruce Avenue and Armijo Avenue North of 18th Avenue. Recommended Action: Adopt Resolution # 2022-45 12. Public Hearing to Consider Development Agreement, DA 2022-01 for a Commercial Cannabis Operation located at 2250 Ogulin Canyon Road, further described as Assessor Parcel Number 010-044-19. Recommended Action: Hold first reading of Ordinance # 264-2022, read by title only, waive further reading and set second reading for July 21, 2022 K. BUSINESS 13. Discussion Regarding Mandatory Water Allocations and other Drought Mitigation Measures Recommended Action: Direction to Staff. July 07, 2022 Page. 4 14. Re-introduction for first reading Ordinance No. 263-2022 Amending Chapter 8, Section 8-6 of the Clearlake Municipal Code Relating to Traffic and Parking Regulations Recommended Action: Hold first reading of Ordinance No. 263-2022, read by title only, waive further reading and set second reading and adoption for July 21, 2022 15. Consideration of Approval of Lakeshore Drive Design with BKF Engineering Recommended Action: Authorize the City Manager to execute a contract with BKF Engineering for Phase One and Two of Lakeshore Drive Design not-to-exceed $450,000 16. Consideration and Approval of On Call Consultant Contracts Recommended Action: Authorize City Manager to execute nine (9) on-call consulting contracts for a not-to-exceed amount of $200,000 per contract 17. Award of Contract for the 2022 Chip Seal Project Recommended Action: Move to approve the contract and authorize the City Manager to approve up to 10% for additional unforeseen contract amendments. 18. Consideration of Updates to Management Classification and Benefits Plan Recommended Action: Adopt Updates to the Management Classification and Benefits Plan 19. Consideration of Designation of Voting Delegates and Alternate(s) For the League of California Cities Annual Conference in September Recommended Action: Move to appoint one Council Member and up to two alternates as voting delegates L. CITY MANAGER AND COUNCILMEMBER REPORTS M. FUTURE AGENDA ITEMS N. ADJOURNMENT POSTED: July 1, 2022 BY: Melissa Swanson, Administrative Services Director/City Clerk

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