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City Council Regular Meeting

Regular Meeting

Clearlake, CA · December 1, 2022

AgendaPacketMinutes

Minutes

CITY COUNCIL REGULAR MEETING Clearlake City Hall Council Chambers 14050 Olympic Dr, Clearlake, CA Thursday, December 01, 2022 Closed Session 5:00 PM Regular Meeting 6:00 PM MINUTES A. ROLL CALL PRESENT Mayor Dirk Slooten Vice Mayor Russ Perdock Council Member David Claffey Council Member Russ Cremer Council Member Joyce Overton B. CLOSED SESSION (1) Public Employee Appointment Pursuant to Government Code Section 54957 Title: Police Chief C. PLEDGE OF ALLEGIANCE D. INVOCATION/MOMENT OF SILENCE E. ADOPTION OF THE AGENDA City Manager Flora removed the Proclamation for Judge Freeborn and Item #25 from the agenda. 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 F. PRESENTATIONS 2. Presentation of a Proclamation in Remembrance of Retired Judge Richard Freeborn This item was removed from the agenda. 3. Presentation to City Employees and Volunteers in Recognition of Their Service 4. Presentation of Recognition to Public Works Employees December 01, 2022 Page. 2 G. PUBLIC COMMENT There was no public comment. H. CONSENT 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 5. Adoption of the 2022 California Building Standard Codes (CBSC), the 2021 Uniform Swimming Pool, Spa/Hot Tub Codes, the 2021 Uniform Solar, Hydronics & Geothermal Codes, the 2021 International Building Codes (IBC); the 2021 International Residential Codes (IRC) and the 2021 International Fire Codes (IFC); Resolution No. 2022-69; Ordinance No. 267-2023 Recommended Action: Adopt Resolution 2022-69; hold first reading of Ordinance No. 267-2023 and set second reading and adoption for the January 5, 2023 meeting. 6. Authorization of Maintenance Worker III Position Recommended Action: Move to approve the reorganization of a Maintenance Worker II position to a Maintenance Worker III. 7. Consider renaming Communications Officer job to Communications and Records Supervisor and adopting changes to the job description Recommended Action: Adopt Resolution No 2022-67 8. Authorization for Purchase of K-Rails for the Public Works Yard Recommended Action: Move to approve the purchase with Eiffel Trading in the amount of $33,930. 9. Award of Contract for Electrical Services related to the Public Works Yard Project Recommended Action: Move to approve the contract with DC Electric in the amount of $59,715.00 and authorize the City Manager to approve up to 10% for additional unforeseen contract amendments. 10. Consider Adoption of 2nd Amendment to the FY 2022-23 Budget (Resolution 2022-43) Adjusting Appropriations and Transfers Recommended Action: Adopt Resolution No. 2022-69 11. Consideration of Acceptance of the Property Located at 3332 6th Street Clearlake CA 95422 Recommended Action: Authorize City Manager to sign the Certificate of Acceptance. 12. Authorization of an Amendment of Contract with the Koi Nation for Tribal Monitoring Contract on the Austin Park Splash Pad Project Recommended Action: Move to amend the contract with the Koi Nation in the amount of $5,000. December 01, 2022 Page. 3 13. Approve Amendment to Regional Government Services Authority Consultant Contract Recommended Action: Authorize the City Manager to Execute the Amendment 14. Minutes of the November Meeting Recommended Action: Receive and file 15. Minutes of the October 12, 2022 Lake County Vector Control District Board Meeting Recommended Action: Receive and file 16. Warrants Recommended Action: Receive and file 17. Appointment of City Treasurer for the Unexpired Term Ending November 2026 Recommended Action: Appoint City Manager as Acting City Treasurer 18. Adoption of the 2022 Conflict of Interest Code; Resolution No. 2022-71 Recommended Action: Adopt resolution 19. Annual Calendar of Meetings for 2023 Recommended Action: Approve proposed calendar 20. Continuation of Authorization to Implement and Utilize Teleconference Accessibility to Conduct Public Meetings Pursuant to Assembly Bill 361 Recommended Action: Adopt Resolution 21. Memo Regarding Holiday Closure of City Hall Administration Offices I. PUBLIC HEARING 22. Confirm assessment(s) in the total amount of $29,383.90 for City funded abatements, in accordance with Clearlake Municipal Code Chapter 10 Code Enforcement Supervisor Lambert gave the staff report. Mayor Slooten opened the Public Hearing at 7:15 p.m. There was no public comment and the Public Hearing was closed. 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 23. Discussion and Direction Regarding Legal Non-conforming Status of Residences in the Sulphur Fire Area Recommended Action: Provide Direction to Staff Allowing the Community Development Director to review projects within the Sulphur Fire area for legal non-conforming status and December 01, 2022 Page. 4 approve permits consistent with previous development if they do not hinder the general health and welfare of the community. City Manager Flora gave the staff report. It was the consensus of the Council to allow the Community Development Director to review projects within the Sulphur Fire area for legal non-conforming status and approve permits consistent with previous development for a twelve month period. 24. Consider Approving Resolution 2022-68 Which Extends the Term of the Existing Commercial Cannabis Development Agreements and Temporarily Reduces the Production Fee Recommended Action: Adopt Resolution 2022-68 City Manager Flora 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 25. Consideration of Resolution of Intent to Amend the Clearlake Sphere of Influence, Amend the Clearlake General Plan, Adopt Pre-Zoning Designations, Prepare an Environmental Analysis (CEQA Initial Study), and Initiate Lake LAFCO proceedings for the parcels located at 2050 and 2122 Ogulin Canyon Road, Assessor Parcel Numbers (APNs) 010-053-010-000 and 010-053- 020-000; Resolution No. 2022-70 Recommended Action: Adopt Resolution This item was deleted from the agenda. K. CITY MANAGER AND COUNCILMEMBER REPORTS L. FUTURE AGENDA ITEMS M. CLOSED SESSION (26) Conference with Real Property Negotiators: Pursuant to Government Code Section 54956.8. Property Address: 6885 Old Highway 53, Clearlake; Agency Negotiation: City Manager Alan Flora; Under Negotiation: Price and terms of payment. N. ANNOUNCEMENT OF ACTION FROM CLOSED SESSION There was no action taken in closed session. O. ADJOURNMENT The meeting adjourned at 8:33 p.m. December 01, 2022 Page. 5 BY: Melissa Swanson, Administrative Services Director/City Clerk

Agenda

CITY COUNCIL REGULAR MEETING Clearlake City Hall Council Chambers 14050 Olympic Dr, Clearlake, CA Thursday, December 01, 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. A. ROLL CALL B. 5:00 PM CLOSED SESSION (1) Public Employee Appointment Pursuant to Government Code Section 54957 Title: Police Chief December 01, 2022 Page. 2 Regular Meeting 6:00 PM Zoom Link: https://clearlakeca.zoom.us/j/84740363148 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 a Proclamation in Remembrance of Retired Judge Richard Freeborn 3. Presentation to City Employees and Volunteers in Recognition of Their Service 4. Presentation on Public Works Maintenance Projects 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. Adoption of the 2022 California Building Standard Codes (CBSC), the 2021 Uniform Swimming Pool, Spa/Hot Tub Codes, the 2021 Uniform Solar, Hydronics & Geothermal Codes, the 2021 International Building Codes (IBC); the 2021 International Residential Codes (IRC) and the 2021 December 01, 2022 Page. 3 International Fire Codes (IFC); Resolution No. 2022-69; Ordinance No. 267-2023 Recommended Action: Adopt Resolution 2022-69; hold first reading of Ordinance No. 267-2023 and set second reading and adoption for the January 5, 2023 meeting. 6. Authorization of Maintenance Worker III Position Recommended Action: Move to approve the reorganization of a Maintenance Worker II position to a Maintenance Worker III. 7. Consider renaming Communications Officer job to Communications and Records Supervisor and adopting changes to the job description Recommended Action: Adopt Resolution No 2022-67 8. Authorization for Purchase of K-Rails for the Public Works Yard Recommended Action: Move to approve the purchase with Eiffel Trading in the amount of $33,930. 9. Award of Contract for Electrical Services related to the Public Works Yard Project Recommended Action: Move to approve the contract with DC Electric in the amount of $59,715.00 and authorize the City Manager to approve up to 10% for additional unforeseen contract amendments. 10. Consider Adoption of 2nd Amendment to the FY 2022-23 Budget (Resolution 2022-43) Adjusting Appropriations and Transfers Recommended Action: Adopt Resolution No. 2022-69 11. Consideration of Acceptance of the Property Located at 3332 6th Street Clearlake CA 95422 Recommended Action: Authorize City Manager to sign the Certificate of Acceptance. 12. Authorization of an Amendment of Contract with the Koi Nation for Tribal Monitoring Contract on the Austin Park Splash Pad Project Recommended Action: Move to amend the contract with the Koi Nation in the amount of $5,000. 13. Approve Amendment to Regional Government Services Authority Consultant Contract Recommended Action: Authorize the City Manager to Execute the Amendment 14. Minutes of the November Meeting Recommended Action: Receive and file 15. Minutes of the October 12, 2022 Lake County Vector Control District Board Meeting Recommended Action: Receive and file 16. Warrants Recommended Action: Receive and file 17. Appointment of City Treasurer for the Unexpired Term Ending November 2026 Recommended Action: Appoint City Manager as Acting City Treasurer December 01, 2022 Page. 4 18. Adoption of the 2022 Conflict of Interest Code; Resolution No. 2022-71 Recommended Action: Adopt resolution 19. Annual Calendar of Meetings for 2023 Recommended Action: Approve proposed calendar 20. Continuation of Authorization to Implement and Utilize Teleconference Accessibility to Conduct Public Meetings Pursuant to Assembly Bill 361 Recommended Action: Adopt Resolution 21. Memo Regarding Holiday Closure of City Hall Administration Offices I. PUBLIC HEARING 22. Confirm assessment(s) in the total amount of $29,383.90 for City funded abatements, in accordance with Clearlake Municipal Code Chapter 10 J. BUSINESS 23. Discussion and Direction Regarding Legal Non-conforming Status of Residences in the Sulphur Fire Area Recommended Action: Provide Direction to Staff Allowing the Community Development Director to review projects within the Sulphur Fire area for legal non-conforming status and approve permits consistent with previous development if they do not hinder the general health and welfare of the community. 24. Consider Approving Resolution 2022-68 Which Extends the Term of the Existing Commercial Cannabis Development Agreements and Temporarily Reduces the Production Fee Recommended Action: Adopt Resolution 2022-68 25. Consideration of Resolution of Intent to Amend the Clearlake Sphere of Influence, Amend the Clearlake General Plan, Adopt Pre-Zoning Designations, Prepare an Environmental Analysis (CEQA Initial Study), and Initiate Lake LAFCO proceedings for the parcels located at 2050 and 2122 Ogulin Canyon Road, Assessor Parcel Numbers (APNs) 010-053-010-000 and 010-053- 020-000; Resolution No. 2022-70 Recommended Action: Adopt Resolution K. CITY MANAGER AND COUNCILMEMBER REPORTS L. FUTURE AGENDA ITEMS M. CLOSED SESSION (26) Conference with Real Property Negotiators: Pursuant to Government Code Section 54956.8. Property Address: 6885 Old Highway 53, Clearlake; Agency Negotiation: City Manager Alan Flora; Under Negotiation: Price and terms of payment. N. ANNOUNCEMENT OF ACTION FROM CLOSED SESSION December 01, 2022 Page. 5 O. ADJOURNMENT POSTED: November 23, 2022 BY: Melissa Swanson, Administrative Services Director/City Clerk

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