On the agenda: Clearlake meeting — Automated License Plate (Jan 21)

CITY COUNCIL REGULAR MEETING
Clearlake City Hall Council Chambers
14050 Olympic Dr, Clearlake, CA
Thursday, January 21, 2021
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. Please be advised that some, or all, of the
Clearlake City Council Members may attend this meeting telephonically.
Furthermore, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which waives
the mandate of public, in-person accessibility to Council meetings provided there are other means for
the public to participate. Effective immediately and continuing only during the period in which state
or local public health officials have imposed or recommended social distancing measures, the
Clearlake City Council meetings will be viewable via livestreaming on the City of Clearlake’s YouTube
Channel https://www.youtube.com/channel/UCTyifT_nKS-3woxEu1ilBXA and the public may
participate through Zoom at the link listed below.
Balancing the health risks associated with COVID-19, while appreciating the public’s right to conduct
the people’s business in a transparent and open manner, the City wants you to know that you can
submit your comments and questions in writing for City Council consideration by sending them to the
Administrative Services Director/City Clerk at [email protected]. You can also visit our Town
Hall
site
and
submit
written
comments
through
our
portal
at
https://www.opentownhall.com/portals/327/forum_home. 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.
This meeting, and any future meetings while under a declared emergency, will not be viewable in
person. You may view the meeting live on YouTube at the City of Clearlake’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.

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

January 21, 2021

Page. 2

Drive, Clearlake, California 95422, phone (707) 994-8201, ext 106, or via email at [email protected] 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/98235411709
ROLL CALL
PLEDGE OF ALLEGIANCE
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, not 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 [email protected].
ADOPTION OF THE AGENDA (This is the time for agenda modifications.)
PRESENTATIONS
1.

Presentation of January's Adoptable Dogs

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.
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.

January 21, 2021

Page. 3

2.

Warrants
Recommended Action: Receive and file

3.

Second Reading and Adoption of Ordinance No. 249-2021, An Ordinance of the City Council of
the City of Clearlake Amending Section 18-43.050 of the Clearlake Municipal Code Relating to
Commercial Cannabis Businesses
Recommended Action: Hold second reading, read by title only, waive further reading and
adopt ordinance

4.

Minutes of the December Meetings
Receive and file

5.

Approval of the Fair Political Practices Form 806 Reporting Public Official Appointments
Recommended Action: Adopt Form 806 as presented

6.

Adopt Resolution No. 2021-04 Approving the Application for Statewide Park Development and
Community Revitalization Funds
Recommended Action: Adopt Resolution No. 2021-04

7.

Measure V Oversight Committee Resolution No. OC-2020-01
Recommended Action: Receive and file

8.

Consideration of Acceptance of the Property Located at 16564 4th Ave.
Recommended Action: Accept the property located at 16564 4th Ave. and authorize the City
Manager to sign the Certificate of Acceptance

BUSINESS
9.

Consideration of an Ad Hoc Committee to Review the Creation of a Youth Sports Complex
Recommended Action: By motion, confirm creation of and Mayor's appointments to the ad
hoc committee

10. Approve the Submittal of the ROPS FY 21-22 for Both Periods A (July to December) and B
(January to June) to the Oversight Board
Recommended Action: Adopt Resolution SA-2021-01 Authorizing Submission of ROPS FY 2122 for July 1, 2021 to June 30, 2022 to the Oversight Board
11. Update on Automated License Plate Recognition Program and Consideration of Authorizing
the City Manager to Add Additional ALPR Cameras from Flock Safety; Resolution No. 2021-05
Recommended Action: Adopt resolution
12. Discussion and Direction Regarding the Issuance of Concealed Weapon Permits
Recommended Action: Provide direction to staff
CITY MANAGER AND COUNCILMEMBER REPORTS
FUTURE AGENDA ITEMS

January 21, 2021

ADJOURNMENT
POSTED: January 8, 2021
BY:

Melissa Swanson, Administrative Services Director/City Clerk

Page. 4

Check Register
Packet: APPKT00395 - 1/6/21 AP CHECKS AA

Clearlake, CA

By Check Number
Vendor Number
Payment Date
Vendor Name
Bank Code: AP-Accounts Payable
001138
01/07/2021
ADVENTIST HEALTH
002331
01/07/2021
AFLAC
001397
01/07/2021
AT&T CALNET 3
001397
01/07/2021
AT&T CALNET 3
002114
01/07/2021
AXON ENTERPRISE INC
001418
01/07/2021
B & G TIRES OF CLEARLAKE
000068
01/07/2021
BOB'S JANITORIAL
002162
01/07/2021
CALIFORNIA ENGINEERING
001424
01/07/2021
CLEARLAKE WASTE SOLUTIONS.
000548
01/07/2021
COMPUTER LOGISTICS
000028
COUNTY OF LAKE ANIMAL CONTROL 01/07/2021
002028
01/07/2021
DAVID R. HUGHES
002392
01/07/2021
DE LAGE LANDEN PUBLIC FINANCE
000774
01/07/2021
DEEP VALLEY SECURITY
000194
DEPARTMENT OF TRANSPORTATION 01/07/2021
000160
01/07/2021
DEPT OF JUSTICE
000851
01/07/2021
ENTERPRISE TOWING
001199
01/07/2021
EUREKA OXYGEN CO
002402
01/07/2021
FRONTLINE PUBLIC SAFETY
000241
01/07/2021
GALL'S LLC
001729
01/07/2021
HD EXCAVATING
002065
01/07/2021
HERC RENTALS INC
000121
01/07/2021
HIGHLANDS WATER COMPANY
001176
01/07/2021
KEVIN NESS JEWELERS
001954
01/07/2021
KOEFRAN
001251
01/07/2021
MARK A CLEMENTI PHD
000793
01/07/2021
MEDIACOM
000144
01/07/2021
MENDO MILL
000026
NATIONWIDE RETIREMENT SOLUTION 01/07/2021
001392
01/07/2021
OFFICE DEPOT
001492
01/07/2021
O'REILLY AUTO PARTS
002242
01/07/2021
PARODI INVESTIGATIVE SOLUTIONS
000016
01/07/2021
PARSAC
001298
01/07/2021
QUACKENBUSH MRRCF
002355
01/07/2021
RAINBOW AG
002376
01/07/2021
ROBERT DEWALT
000506
01/07/2021
SIGNS OF RANDY HARE
002375
01/07/2021
THOMAS DEWALT
000708
01/07/2021
VALIC LOCKBOX
002264
01/07/2021
WEX BANK

Payment Type

Discount Amount

Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular
Regular

0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00

Payment Amount Number
108.00 10072
128.16 10073
1,083.71 10074
195.55 10075
18,846.30 10076
248.00 10077
81.46 10078
40,058.12 10079
11,317.54 10080
450.00 10081
100.00 10082
800.00 10083
829.68 10084
82.90 10085
2,063.79 10086
400.00 10087
3,815.00 10088
107.82 10089
1,000.00 10090
969.34 10091
9,860.00 10092
4,123.09 10093
1,230.35 10094
106.30 10095
250.00 10096
774.00 10097
805.25 10098
246.90 10099
755.00 10100
308.03 10101
33.69 10102
754.48 10103
18,691.00 10104
69.43 10105
349.63 10106
200.00 10107
125.00 10108
800.00 10109
695.00 10110
7,253.28 10111

Bank Code AP Summary
Payment Type
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's

1/7/2021 10:15:49 AM

Payable
Count
81
0
0
0
0

Payment
Count
40
0
0
0
0

Discount
0.00
0.00
0.00
0.00
0.00

Payment
130,115.80
0.00
0.00
0.00
0.00

81

40

0.00

130,115.80

Page 1 of 2

Check Register

Packet: APPKT00395-1/6/21 AP CHECKS AA

Fund Summary

1/7/2021 10:15:49 AM

Fund

Name

Period

Amount

999

Pooled Cash

1/2021

130,115.80
130,115.80

Page 2 of 2

CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: January 21, 2021
Agenda Item No.
Subject:

From:

Second Reading and Adoption of Ordinance No.
249-2021, An Ordinance of the City Council of
the City of Clearlake Amending Section 1843.050 of the Clearlake Municipal Code Relating
to Commercial Cannabis Businesses

Date: January 14, 2021
Reviewed & Approved:

Melissa Swanson, Administrative Services
Director/City Clerk

Recommended Action:

Hold second reading, read by title only, waive further reading and
adopt ordinance

ISSUE STATEMENT AND DISCUSSION:
On January 7, 2021, Council held the first reading of Ordinance No. 249-2021. Staff is
recommending the Council hold the second reading of the ordinance by title only and adopt of
the ordinance.
From the staff report of January 7th:
BACKGROUND:
Last year the Council held various meetings to discuss updates to the Zoning Ordinance, including
several meetings that focused on commercial cannabis activities in the City. In October the
Council adopted amendments to Chapters 5 and 18 to remove the numerical cap for delivery
only dispensaries and other cannabis businesses, with the exception of retail storefront
dispensaries. At the same time the complete Zoning Ordinance update was before the Planning
Commission and further ultimately adopted by the City Council in December, which completely
replaced the previous Chapter 18.
Unfortunately, the revisions to the cannabis regulations were not included in the final Zoning
Ordinance updates. This inadvertent oversight requires the Council to amend the new Chapter
18 to include the language previously adopted by the Council related to cannabis businesses. No
changes are required to Chapter 5. The changes previously adopted are summarized below.
The previously adopted changes, include:
 Retail Dispensaries – limit of three (3) – NO CHANGE
1




Delivery-only Dispensaries – limited to locations on the Commercial Cannabis Combining
District Map
Other Cannabis Businesses – limited to locations on the Commercial Cannabis Combining
District Map

RECOMMENDED ACTION:
Hold first reading, read by title only, waive further reading and set second reading and
adoption for the January 21st meeting
ATTACHMENTS:
Ordinance 249-2021
Commercial Cannabis Combining District Map

2

ORDINANCE NO. 249-2020
AN ORDINANCE AMENDING SECTION 18-43.050 (A) OF CHAPTER 18 OF THE CLEARLAKE
MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS BUSINESSES
WHEREAS, Section 18-43 of the Clearlake Municipal Code (CMC), provides for limitations and
permitting guidelines for commercial cannabis permits; and
WHEREAS, on October 1, 2020 the City Council adopted changes to this section of the
ordinance in order to remove the numerical cap and limit location of cannabis businesses on
the Commercial Cannabis Combining District Map; and
WHERAS, the City Council further repealed Chapter 18 and replaced it with an updated version
of the zoning ordinance in December and the changes related to commercial cannabis
regulations were inadvertently not included; and
WHEREAS, the City Council desires to allow cannabis businesses to open and operate within
those designated areas, as driven by market demand rather than a simple number limitation
within the CMC, consistent with actions previously taken; and
The City Council of the City of Clearlake, State of California does hereby ordain as follows:
SECTION 1.

FINDINGS.

A. The above recitals are declared to be true and correct findings of the City Council of the City
of Clearlake; and
SECTION 2.
Chapter 18, Section 18-43, Subsection 18-43.050(A) of the Clearlake Municipal Code is hereby
amended read as follows:
A.

“A. Permit Required; Application. The owner of a proposed commercial cannabis facility
shall file an application for a use permit with the Community Development Department on
a form provided by the City. The City does not limit the number of permits for commercial
cannabis facilities as long as the location of the facility is within an area allowed for in the
Commercial Cannabis Combining District Map. Every completed application shall be filed
with a filing fee established by resolution of the City Council. The application shall include
the name and address of the owner and lessor of the prospective cannabis
business premises and a copy of the lease or other such proof of the legal right to occupy
and use the premises and a statement from the owner or agent of the owner of the real
property where the facility will be located demonstrating the landowner has
acknowledged and consented to permit the cannabis business to operate on the property,
and all other information required by the Community Development Department
use permit application checklist.”

All other sections of 18-43 remain the same.

SECTION 3. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held
invalid, the remainder of the ordinance and the application of such provision to other persons or
circumstances shall not be affected thereby.
SECTION 4. EXECUTION.
The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City
Clerk shall cause the same to be published once in the official newspaper within 15 days after its
adoption. This Ordinance shall become effective 30 days from its adoption.
PASSED, APPROVED AND ADOPTED this 21st day of January, 2021 by the following vote:
AYES:
NOES
ABSENT:
ABSTAINING:

Dirk Slooten, Mayor
ATTEST:

Melissa Swanson, City Clerk

Commercial Cannabis Business Combining Zoning District
Cultivation, Distribution, Manufacturing, Nurseries, Processing, Test Labs
CB Retail and Delivery Only

NORTH DR

LA
OR
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DR

CL
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LA
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53

DR

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SH

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OLD HWY 53

SH
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SU
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ARROWHEAD RD

BURNS VALLEY RD

OLD HWY 53

OLYMPIC DR

OLD HWY 53

LAKESHORE DR

Detail

OLD HWY 53

OLYMPIC DR

LAKESHORE DR

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·
53

L
A
K
E
C
O
U
N
T
Y

City of Clearlake

L
E
G
E
N
D

City Boundary (Sphere of Influence)
Downtown Boundary
Water Bodies

Parcels
Expressway SR 53
Major Collectors - (Main Roads)

Commercial CB Zoning District
(Cultivation, Distribution, Manufacturing,
Nurseries, Processing, Test Labs)

CB Retail Zoning District
(Microbusiness may be located here)
CB Delivery Only

0

0.25

0.5

4
1 Mile

Map Created: 10/5/2020

MINUTES
CITY OF CLEARLAKE CITY COUNCIL
& REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING
DECEMBER 3, 2020
The virtual meeting was held via Zoom in accordance with Governor Newsom’s Executive Order N25-20 and Executive Order N-29-20.
CALL TO ORDER REGULAR CITY COUNCIL MEETING: 6:00 P.M.
Roll Call.

Present:

Russ Cremer, Mayor
Dirk Slooten, Vice Mayor
Phil Harris, Councilmember
Joyce Overton, Councilmember
Russ Perdock, Councilmember

Staff:

Alan Flora, City Manager
Andrew White, Police Chief
Ryan Jones, City Attorney
Melissa
Swanson,
Administrative
Director/City Clerk
Dale Goodman, Public Works Director
Mark Roberts, Senior Planner

Services

INVOCATION
City Attorney Jones gave the invocation.

ADOPTION OF THE AGENDA
City Manager Flora asked that Item #11, Consideration of Resolution No. 2020-54, A Resolution of
the City of Clearlake, Approving a Temporary Street Closure for the Annual Christmas Parade, be
deleted from the agenda.
ACTION: It was moved by Councilmember Harris and seconded by Vice Mayor Slooten to adopt
the agenda as amended. The motion passed with a unanimous roll call vote.

PRESENTATION
1.
2.
3.

Presentation of December’s Adoptable Dogs
Presentation by Retail Strategies
Presentation to Councilmember Phil Harris

CCMin 12-03-20
Page 1 of 4

BUSINESS:
4.

Consideration of Acceptance of the November 2020 Election Results, Resolution No. 202060

Administrative Services Director/City Clerk Swanson gave the staff report.
ACTION: It was moved by Vice Mayor Slooten and seconded by Councilmember Harris to adopt
Resolution No. 2020-60, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE
RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2020,
DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW. The motion passed
with a unanimous roll call vote.
5.

Administration of Oaths of Office to Newly Elected Council Members

Administrative Services Director/City Clerk Swanson gave the oath of office to Councilmembers
Overton, Claffey and Perdock.

PUBLIC COMMENT:
Senior Planner Mark Roberts introduced himself to the Council.
Bruno Sabatier spoke regarding dumping in the Avenues.

Consent Items
6.
7.

Warrant Registers
Lake County Vector Control District Board
Minutes of October 14, 2020
8.
Minutes of the October 15th, November 5th
and November 19th Meetings
9.
Continuation of Declaration of Local
Emergency Issued on October 9, 2017 and Ratified
by Council Action October 12, 2017
10.
Continuation of Declaration of Local
Emergency Issued on March 14, 2020 and Ratified
by Council Action March 19, 2020
11.
Deleted: Consideration of Resolution No.
2020-54, A Resolution of the City of Clearlake,
Approving a Temporary Street Closure for the
Annual Christmas Parade
12.
Second Reading and Adoption of Ordinance
No. 248-2020, An Amendment to Chapter 18 of
the Clearlake Municipal Code Repealing and
Replacing the Zoning Ordinance
13.
Annual Calendar of Meetings for 2021
14.
Consideration of Amendment to Employment
CCMin 12-03-20

Page 2 of 4

Recommended Action
Receive and file
Receive and file
Receive and file
By motion keep declaration of emergency
active and set next review for the next
Council meeting
By motion keep declaration of emergency
active and set next review in sixty days
Adopt resolution

Hold second reading, read it by title only,
waive further reading and adopt
ordinance
Receive and file
Authorize the City Manager to Sign

Agreement with Chief of Police
15.

Amendment
#2
to
Employment
Agreement with Chief of Police
Receive and file

City Hall Holiday Closure

A member of the public pulled Item #12 from the Consent Calendar.
ACTION: It was moved by Councilmember Overton and seconded by Mayor Cremer to accept the
Consent Calendar Items, excepting #11 and #12. The motion passed with a unanimous roll call
vote.
Item #12 was discussed by the Council.
ACTION: It was moved by Vice Mayor Slooten and seconded by Councilmember Perdock to hold
second reading, read it by title only, waive further reading and adopt the ordinance. The motion
passed with a unanimous roll call vote.

BUSINESS:
16.

Consideration of the City Council Co-signing a letter with the City Council of Lakeport and
the Lake County Board of Supervisors Regarding the Recent Changes to the State’s COVID-19
Restrictions

City Manager Flora gave the staff report.
No action was taken by Council on this item.
17.

Consideration of Resolution No. 2020-62; A Resolution of the City Council of the City of
Clearlake Approving a Hiring Bonus and Referral Incentive Program

Administrative Services Director/City Clerk gave the staff report.
ACTION: It was the consensus of the Council to direct staff to change the amount of time
between the first payment and second payment of the employee referral incentive from the end
of probation to six months after hire.
ACTION: It was moved by Vice Mayor Slooten and seconded by Councilmember Overton to
adopt Resolution No. 2020-62, with the changes listed. The motion passed with a unanimous roll
call vote.

APPOINTMENT OF 2021 MAYOR/VICE MAYOR
ACTION: It was moved by Mayor Cremer and seconded by Councilmember Overton to appoint
Vice Mayor Slooten and Councilmember Perdock as Mayor/Vice Mayor for the 2021 year. The
motion passed with a unanimous roll call vote.
CCMin 12-03-20

Page 3 of 4

CITY MANAGER AND COUNCILMEMBER REPORTS
FUTURE AGENDA ITEMS
CLOSED SESSION:
(1) CONFERENCE WITH LEGAL COUNSEL: EXISTING LITIGATION: Pursuant to Government
Code Section 54956.9: Case No. 3:19-ca-05370-EMC Name of Case: Jane Wang v. City of
Clearlake, et al.
(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) LIABILITY CLAIMS: Pursuant to Government Code Section 54956.9: Claimant: Bliss X, LLC.
Robert Glasner
(4) CONFERENCE WITH REAL PROPERTY NEGOTIATORS: Pursuant to Government Code
Section 54956.8: Property: 2890 Old Highway 53; Agency Negotiator: City Manager Alan
Flora; Negotiating Parties: Robert Adelman; Under Negotiation: Price and Terms of Payment
There was no action taken in Closed Session.

ADJOURNMENT
There being no further business of the Council, the meeting was adjourned at 9:00 p.m.
Melissa Swanson, City Clerk

CCMin 12-03-20

Page 4 of 4

DRAFT
MINUTES
CITY OF CLEARLAKE CITY COUNCIL
& REDEVELOPMENT SUCCESSOR AGENCY
SPECIAL MEETING
DECEMBER 17, 2020
The virtual meeting was held via Zoom in accordance with Governor Newsom’s Executive Order N25-20 and Executive Order N-29-20.
CALL TO ORDER SPECIAL CITY COUNCIL MEETING: 2:00 P.M.
Roll Call.

Consent Items
1.
2.

Present:

Russ Cremer, Mayor
Dirk Slooten, Vice Mayor
David Claffey, Councilmember
Joyce Overton, Councilmember
Russ Perdock, Councilmember

Staff:

Alan Flora, City Manager
Melissa
Swanson,
Administrative
Director/City Clerk
Dale Goodman, Public Works Director
Dave Swartz, Contract City Engineer

Warrant Registers
Continuation of Declaration of Local
Emergency Issued on October 9, 2017 and Ratified
by Council Action October 12, 2017
3.
Continuation of Declaration of Local
Emergency Issued on March 14, 2020 and Ratified
by Council Action March 19, 2020
4.
Adoption of the 2020 Conflict of Interest Code;
Resolution No. 2020-61
5.
Disposal of Surplus Vehicles, Resolution No.
2020-63
6.
Approve the Reimbursement Agreement with
County of Lake Watershed Protection District for
TMDL and Storm Water Permit Compliance
7.
Adoption of Design Review Standards,
Resolution 2020-64 - A Resolution of the Clearlake
City Council Rescinding Resolution No. 2020-50
and Adopting the City’s Design Standards
CCMin 12-17-20 Spl
Page 1 of 2

Services

Recommended Action

Receive and file
By motion keep declaration of emergency
active and set next review for the next
Council meeting
By motion keep declaration of emergency
active and set next review in sixty days
Adopt resolution
Adopt resolution
Approve Reimbursement Agreement
Adopt resolution

ACTION: It was moved by Councilmember Perdock and seconded by Vice Mayor Slooten to
adopt the Consent Calendar as presented. The motion passed with a unanimous roll call vote.

BUSINESS:
8.

Discussion Regarding an Exclusive Negotiation Agreement for the Sale of Property at 2890
Old Highway 53, Clearlake

City Manager Flora gave the staff report.
ACTION: It was moved by Member Overton and seconded by Vice Chair Slooten to authorize the
City Manager to Execute an Exclusive Negotiation Agreement with TJG/Summitt Development
Corporation. The motion passed with a unanimous roll call vote.
9.

Pearl, Emory and Mullen Street Improvement Project Update

Contract Engineer Swartz gave the staff report.
No action was taken on this item.
10.

Discussion Regarding a Letter of Intent to Purchase a Portion of the “Airport Property”
Located at 6356 Armijo Avenue and 6393 James Street, Clearlake

City Manager Flora gave the staff report.
ACTION: It was moved by Vice Mayor Slooten and seconded by Mayor Cremer to authorize the
City Manager to Sign an Extension to the Proposed Letter of Intent with King Management, LLC to
Purchase a Portion of the “Airport Property.” The motion passed with a unanimous roll call vote.

ADJOURNMENT
There being no further business of the Council, the meeting was adjourned at 3:16 p.m.

Melissa Swanson, City Clerk

CCMin 12-17-20 Spl

Page 2 of 2

CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: January 21, 2021
Agenda Item No.
Subject:

Approval of the Fair Political Practices Form 806 Date: January 14, 2021
Reporting Public Official Appointments
Reviewed & Approved:

From:

Melissa Swanson,
Director/City Clerk

Recommended Action:

Administrative

Services

Adopt Form 806 as presented

ISSUE STATEMENT AND DISCUSSION:
Fair Political Practices Commission (FPPC) Regulation 18705.5 prohibited a Public Official from
participating in a decision to appoint him or herself to an external board position, if the
appointment would have an economic benefit to the appointee in the amount of $250 or more
within any 12-month period.
In March 2012, the Fair Political Practices Commission amended FPPC Regulation 18705.5 that
under certain conditions would allow a Public Official to participate in a government body
decision that would appoint him or her to such a position. One condition is that the City
Council “adopts and posts on its website, on a form provided by the Fair Political Practices
Commission, a list that sets forth each appointed position for which compensation is paid, the
salary or stipend for each appointed position, the name of the public official who has been
appointed to the position and the name of the public official, if any, who has been appointed as
an alternate, and the term of the position.” (FPPC §18705.5(C)(3))
In May 2012, the FPPC adopted Form 806 to be used by the government body to allow a
Councilmember to participate in a decision to appoint him/herself to a Board, Commission,
Special Agency, Joint Powers Agency or Authority, Joint Powers Insurance Agency or Authority,
or a Metropolitan Planning organization.
Form 806 must first be adopted by the City Council and posted on the City’s website containing
all of the information as required by the FPPC, and updated as needed to reflect current

appointments. The updated Form 806 is attached based on the appointments made at the last
Council meeting.
Annually, the City posts Form 806, which is necessary because a Public Official may not
participate in a vote that appoints him/herself to a compensated external Board position, even
if the appointments are directly made by the Mayor with the consent of the individual
Councilmember.

FINANCIAL AND/OR POLICY IMPLICATIONS:
There are no financial or policy changes.

Agency Report of:
Public Official Appointments

A Public Document

1. Agency Name
City of Clearlake

California
Form

806

����������

Division, Department, or Region (If Applicable)

Designated Agency Contact (Name,Title)
Melissa Swanson, Administrative Services Director/City Clerk
Area Code/Phone Number

707-994-8201

E-mail

1
1 of _____
Page _____

[email protected]

Date Posted:
(Month, Day, Year)

2. Appointments
Agency Boards and
Commissions
Local Agency Formation
Commission

Name

Slooten, Dirk
(Last, First)

Alternate, if any

Lake County/City Area Planning
Council

Appt Date and
Length of Term

Name of Appointed Person

Name

Perdock, Russ (Appt. 01/07/21)
(Last, First)

Perdock, R., Cremer, R.
(Last, First)

06 13 19
 ____/____/____
Appt Date



Per Meeting/Annual Salary/Stipend

 Per Meeting: $

30

 Estimated Annual:
X $0-$1,000

4 years
Length of Term

$2,001-$3,000

$1,001-$2,000

06 13 19
 ____/____/____

 Per Meeting: $

Other

50

Appt Date

 Estimated Annual:
Alternate, if any

Slooten, D. (Appt. 01/07/21)
(Last, First)



X $0-$1,000

1 year

$1,001-$2,000

Name

(Last, First)

$2,001-$3,000

Length of Term

 ____/____/____

Other

 Per Meeting: $

Appt Date

 Estimated Annual:
Alternate, if any

(Last, First)



$0-$1,000

Length of Term

$1,001-$2,000

Name

(Last, First)

 ____/____/____

$2,001-$3,000

Other

 Per Meeting: $

Appt Date

 Estimated Annual:
Alternate, if any

(Last, First)



$0-$1,000

$2,001-$3,000

Length of Term

$1,001-$2,000

Other

3. Verification

�����������������������������������������������������������������������������������

Signature of Agency Head or Designee

Print Name

Title

(Month, Day, Year)

Comment:
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)

806

California
Form
A Public Document

Agency Report of:
Public Official Appointments

Background
This form is used to report additional compensation that officials
receive when appointing themselves to positions on committees,
boards, or commissions of another public agency or to a
committee or position of the agency of which the public official is
a member.
This form is required pursuant to FPPC Regulation 18702.5.
Each agency must post on its website a single Form 806 which
lists all the paid appointed positions to which an official will vote
to appoint themselves. When there is a change in compensation
or a new appointment, the Form 806 is updated to reflect the
change. The form must be updated promptly as changes occur.
Instructions
This form must be posted prior to a vote (or consent item) to
appoint a governing board member if the appointee will participate
in the decision and the appointment results in additional
compensation to the appointee.
FPPC Regulation 18702.5 provides that as long as the public
is informed prior to a vote, an official may vote to hold another
position even when the vote results in additional compensation.
Part 1. Agency Identification
Identify the agency name and information on who should be
contacted for information.
Part 2. Appointments
Identify the name of the other agency, board or commission. List
the name of the official, and an alternate, if any.
List the appointment date and the length of term the agency
official will serve. Disclose the stipend provided per meeting and
the estimated annual payment. The annual salary is an estimate
as it will likely vary depending upon the number of meetings. It
is not necessary to revise the estimate at the end of the calendar
year.
Part 3. Verification
The agency head or his/her designee must sign the verification.
Frequently Asked Questions (FAQs)
1. When does an agency need to complete the Form 806?


A Form 806 is required when an agency’s board members
vote to appoint a board member to serve on another
governmental agency or position of the agency of which the
official is a member and will receive additional compensation.

3. Are appointments made by a governing board to appoint
one of its members to serve as an officer of that board for
additional pay (e.g., mayor) required to be disclosed on Form
806?
No. FPPC Regulation 18702.5(b)(6) exempts from this
requirement decisions to fill a position on the body of which
the official is a member (such as a councilmember being
appointed as mayor) despite an increase in compensation.
4. In determining the income, must the agency include mileage
reimbursements, travel payments, health benefits, and other
compensation?


No. FPPC Regulation 18702.5 requires only the amount of
the stipend or salary to be reported.


5. Which agency must post the Form 806?




The agency that is voting to appoint a public official must post
the Form 806 on its website. The agency that the official will
serve as a member is not required to post the Form 806. The
form is not sent to the FPPC.

6. When must the Form 806 be updated?


The Form 806 should be amended promptly upon any of
the following circumstances: (1) the number of scheduled
meetings is changed, (2) there is a change in the
compensation paid to the members, (3) there is a change in
membership on the board or commission, or (4) there is a
new appointment to a new agency.


7. If officials choose to recuse themselves from the decision
and leave the room when a vote is taken to make an
appointment, must the Form 806 be completed?


No. The Form 806 is only required to identify those officials
that will vote on an appointment in which the official will also
receive additional compensation.


Privacy Information Notice
Information requested by the FPPC is used to administer and
enforce the Political Reform Act. Failure to provide information
may be a violation subject to penalties. All reports are public
records available for inspection and reproduction. Direct
questions to FPPC’s General Counsel, Fair Political Practices
Commission, 1102 Q Street, Suite 3000, Sacramento, CA 95811.


2. The city council votes to serve as the city’s housing authority,
a separate entity. Will the Form 806 be required?


If the council members receive additional compensation for
serving on the housing authority, the Form 806 is required.

FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)

Agency Report of:
Public Official Appointments
Continuation Sheet

California
Form

806

A Public Document
Page _____ of _____

1. Agency Name

Date Posted:

(Month, Day, Year)

2. Appointments
Agency Boards and
Commissions

Appt Date and
Length of Term

Name of Appointed Person

Name

Alternate, if any

Name

Alternate, if any

Name

Alternate, if any

Name

Alternate, if any

Name

Alternate, if any

Name

Alternate, if any

(Last, First)

(Last, First)

(Last, First)

(Last, First)

(Last, First)

(Last, First)

(Last, First)

(Last, First)

(Last, First)

(Last, First)

(Last, First)

(Last, First)

 ____/____/____
Appt Date



Length of Term

Appt Date

Length of Term

Appt Date

Appt Date

Length of Term

Appt Date

 ____/____/____
Appt Date



$1,001-$2,000

$2,001-$3,000

Other

 Per Meeting: $
 Estimated Annual:

$1,001-$2,000

$2,001-$3,000

Other

 Per Meeting: $
 Estimated Annual:

$1,001-$2,000

$2,001-$3,000

Other

 Per Meeting: $
 Estimated Annual:

$1,001-$2,000

$2,001-$3,000

Other

 Per Meeting: $
 Estimated Annual:
$0-$1,000

Length of Term

Other

 Estimated Annual:

$0-$1,000
Length of Term

$2,001-$3,000

 Per Meeting: $

$0-$1,000

 ____/____/____



$1,001-$2,000

$0-$1,000
Length of Term

 ____/____/____



 Estimated Annual:

$0-$1,000

 ____/____/____



 Per Meeting: $

$0-$1,000

 ____/____/____



Per Meeting/Annual Salary/Stipend

$1,001-$2,000

$2,001-$3,000

Other

FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)

AdCITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: January 21, 2021
Agenda Item No.
Subject:

Adopt Resolution No. 2021-04 Approving the Date: January 13, 2021
Application for Statewide Park Development and
Community Revitalization Program Funds
Reviewed & Approved:

From:

Alan D. Flora, City Manager

Recommended Action:

Adopt Resolution No. 2021-04

ISSUE STATEMENT AND DISCUSSION:
Several years ago, the City completed a Highlands Park master planning effort, which included
upgrades and a redesign for the existing Highlands Park. Design work was started, however the
cost of both the Highlands Park and Austin Park projects exceeded locally available sources. The
City Council decided to allocate all funding to complete the Austin Park project, which was
completed in 2020. The City applied for Community Development Block Grant (CDBG) funds for
Highlands Park in 2019 but was unsuccessful.
The California Department of Parks and Recreation has released availability of $395.3 million of
funds through the Statewide Park Program. This is one of the programs funded through
Proposition 68, the $4 billion bond measure passed by voters in 2018. The requirements of the
program necessitated restarting the public input and design process. The City hired Grant
Management Associates and Melton Design Group to facilitate the process and prepare the
application. Public workshops were held on December 5th, December 8th, December 10th,
December 17th, and January 9th. A survey was also created, which received over 100 responses.
Based on all of this input, Melton Design is finalizing the design and budget and GMA will be
completing the application over the next several weeks.
The attached resolution is a requirement of the grant that the legislative body approve
submitting the application and authorizing the City Manager to sign and submit and documents
required for completion.
FINANCIAL/POLICY IMPLICATIONS

1

The design and budget are not yet complete but we expect the application amount to be between
$2.5 and $3 million. No local match is required for the project.
This project will address several goals of the Clearlake Strategic Plan, including “Improve the
Quality of Life in Clearlake with Improved Public Facilities, Improve the Image of Clearlake, and
Make Clearlake a Visibly Cleaner City”
ATTACHMENT
1. Resolution 2021-04 – A Resolution of the City Council of the City of Clearlake Approving the
Application for Statewide Park Development and Community Revitalization Program Grant Funds

2

RESOLUTION NO. 2021-04
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE
APPROVING THE APPLICATION FOR
STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION
PROGRAM GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been delegated the
responsibility by the Legislature of the State of California for the administration of the
Statewide Park Development and Community Revitalization Grant Program, setting up
necessary procedures governing the application; and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the Applicant to certify by resolution the approval of the application
before submission of said application to the State; and
WHEREAS, successful Applicants will enter into a contract with the State of California
to complete the Grant Scope project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Clearlake
hereby:
APPROVES THE FILING OF AN APPLICATION FOR THE HIGHLANDS PARK
PROJECT; AND

1. Certifies that said Applicant has or will have available, prior to commencement of
any work on the project included in this application, the sufficient funds to complete
the project; and
2. Certifies that if the project is awarded, the Applicant has or will have sufficient funds
to operate and maintain the project, and
3. Certifies that the Applicant has reviewed, understands, and agrees to the General
Provisions contained in the contract shown in the Grant Administration Guide; and
4. Delegates the authority to the City Manager to conduct all negotiations, sign and
submit all documents, including, but not limited to applications, agreements,
amendments, and payment requests, which may be necessary for the completion of
the Grant Scope; and
5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules,
regulations and guidelines.
6. Will consider promoting inclusion per Public Resources Code §80001(b)(8 A-G).
Approved and adopted the 21st day of January, 2021
I, the undersigned, hereby certify that the foregoing Resolution Number 2021-04 was
duly adopted by the City Council of the City of Clearlake following a roll call vote:
Ayes:
Noes:
Absent:

______________________________________ (Clerk)

CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: January 21, 2021
Agenda Item No.
Subject:

Measure V Oversight Committee Resolution No. Date: January 14, 2021
OC-2020-01
Reviewed & Approved:

From:

Melissa Swanson,
Director/City Clerk

Recommended Action:

Administrative

Services

Receive and file

ISSUE STATEMENT AND DISCUSSION:
The Measure V Oversight Committee met on October 22nd, 2020. At that meeting, the
Committee reviewed the expenditures and appropriations of the Measure V tax revenues and
found them to be in compliance with the purposes and uses set forth in the Expenditure Plan.
The Committee adopted Resolution No. OC 2020-01, A Resolution of the Measure V Oversight
Committee of the City of Clearlake Declaring Compliance with Section 3-7.14 of Ordinance No.
189-2016. A copy of the resolution is attached for Council’s information.

FINANCIAL AND/OR POLICY IMPLICATIONS:
There are no financial or policy changes.

CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF:
Agenda Item No.
Subject:

Consideration of Acceptance of the Property Date: January 14, 2021
Located at 16564 4th Ave.
Reviewed & Approved:

From:

Tina Viramontes – Facilities Coordinator/Deputy
City Clerk

Recommended Action:

Accept the property located at 16564 4th Avenue and authorize the
City Manager to sign the Certificate of Acceptance.

ISSUE STATEMENT AND DISCUSSION:

The only surviving owner for the property located at 16564 4th Avenue, has offered to donate the
property to the City of Clearlake. If approved and accepted by the Clearlake City Council, this
parcel would be presented to the Clearlake Planning Commission to verify the donation is
consistent with the General Plan. The City intends to offer the property to a qualifying purchaser
to build a new construction home.
Acceptance of this property will be contingent upon the determination made at the January 26,
2021 Planning Commision Meeting.

CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: January 21, 2021
Agenda Item No.
Subject:

Consideration of an Ad Hoc Committee to Date: January 14, 2021
Review the Creation of a Youth Sports Complex
Reviewed & Approved:

From:

Melissa Swanson,
Director/City Clerk

Recommended Action:

Administrative

Services

By motion, confirm creation of and Mayor’s appointments to the
ad hoc committee

ISSUE STATEMENT AND DISCUSSION:
As Council is aware, the City recently purchased an approximately 31-acre property behind
Safeway which would house the Public Works yard, and which is large enough site for
consideration of a youth sports complex area.
At the January 7th meeting, Council directed staff to bring forward consideration of an ad hoc
committee consisting of two Council Members, a Planning Commissioner and representatives
from the Youth Center, South Shore Little League and the Youth Soccer League.
Staff is recommending Council approve the creation of an ad hoc committee and Mayor Slooten
appoint two Council Members to this ad hoc committee. If approved, staff will reach out to the
organizations and set a first meeting for early February.

FINANCIAL AND/OR POLICY IMPLICATIONS:
There are no financial or policy changes.