Clearlake City Council Agenda Packet

CITY OF CLEARLAKE
www.clearlake.ca.us
REGULAR MEETING OF
CLEARLAKE CITY COUNCIL
& REDEVELOPMENT SUCCESSOR AGENCY
CLEARLAKE CITY HALL COUNCIL CHAMBERS
14050 OLYMPIC DRIVE
CLEARLAKE, CA 95422
THURSDAY JULY 11, 2019 6:00 P.M.

Written material introduced into the record: 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 City Clerk
prior to the meeting date so that the material may be distributed to the City Council prior to the meeting.
ROLL CALL:
_____ Mayor Russ Cremer
_____ Vice Mayor Dirk Slooten
_____ Councilmember Phil Harris
_____ Councilmember Joyce Overton
_____ Councilmember Russell Perdock
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, 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 faiths 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 City Clerk at (707) 994-8201x106 or via email at mswanson@clearlake.ca.us.
MEETING PROCEDURES:
All items on the agenda will be open for public comment 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 City Clerk prior
Page 1 of 4
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-minute time limit. The Mayor has the discretion of limiting the
total discussion time for an item. As a courtesy to others, please turn off cell phones and
any other distracting devices.
ADOPTION OF THE AGENDA (This is the time for agenda modifications.)

PRESENTATIONS:
1. Presentation of a Certificate of Appreciation to the Lakeshore Lions Club
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. Please complete a
“Speaker Information Card” and present it to the City Clerk prior to the start of the meeting. 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 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 or audience 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.
Consent Items Recommended Action

2. Warrant Registers Receive and file
3. Adoption of a Resolution Accepting LiabilityAdopt Resolution No. 2019-33, A
for Worker’s Compensation for Peace Resolution of the City of Clearlake
Officers Injured In the Line of Duty While Out
Authorizing Worker’s Compensation
of State; Resolution No. 2019-33 Coverage for Off-Duty Peace Officers
Injured Out of State
4. Minutes of the May and June Meetings Receive and file
5. Continuation of Declaration of Local By motion keep declaration of emergency
Emergency Issued on October 9, 2017 and active and set next review for the next
Ratified by Council Action October 12, 2017 Council meeting
PUBLIC HEARING:
Notice to the Public
The City Council, when considering the matter scheduled for hearing, will take the following actions:
1. Open the Public Hearing
2. Presentations by Staff
3. Presentation by Applicant or Appellant (if applicable)
4. Accept Public Testimony
5. Applicant or Appellant Rebuttal Period (if applicable)
6. Close the Public Hearing
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7. Council Comments and Questions
8. Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court
any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to
raising only those issues, which you, or someone else, raised orally at the public hearing or in written
correspondence received by the city at or before the public hearing.
Public hearings listed for continuance will be continued as noted and posting of this agenda serves as
notice of continuance. Any matter not noted for continuance will be posted separately.
BUSINESS:
6. Purchase of Taser 7 Devices and Training for the Police Department
Recommended Action: Authorize the Chief of Police to enter into a 5-year contract with Axon
Enterprises Inc. for the purchase of Taser devices and adopt Resolution No. 2019-32 waiving the
competitive formal bidding process
7. Gravel Roads Chip Seal Project

Recommended Action: Discuss and provide direction to staff
8. Highlands Harbor Drive and Harbor Lane Update

Recommended Action: Report for information only
9. Amendment of Award of Construction Contract for the Meadowbrook Area Pavement

Rehabilitation Project
Recommended Action: Discuss and provide direction to staff on whether to amend the contract
with Darren Taylor Construction for construction of the Meadowbrook Area Pavement
Rehabilitation Project in the amount of $1,175,131.00 for the Base bid, Bid Alternate #1 and also
include Bid Alternate #2 and authorize the City Manager to approve up to 10% for additional
unforeseen contract amendments
CITY MANAGER AND COUNCILMEMBER REPORTS

FUTURE AGENDA ITEMS
CLOSED SESSION:
(1) CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to Government Code Section 54957.6: Agency
Designated Representative: City Manager Alan Flora; Employee Organizations: Clearlake
Management/Confidential Employees, Clearlake Police Officer Association, Clearlake Municipal
Employees Association and Clearlake Middle Management Association.
(2) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION: (Government Code 54956.9) – City of
Clearlake v. PG&E Corporation, et al., Case No. CV 1:17-CV-419398, Lake County Superior Court
(3) PUBLIC EMPLOYEE PERFORMANCE EVALUATION –: (Government Code 54957) – Title: City Attorney
ANNOUNCEMENT OF ACTION(S) FROM CLOSED SESSION

ADJOURNMENT
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AMERICANS WITH DISABILITY ACT (ADA) REQUESTS
If you need disability-related modification or accommodation, including auxiliary aids or services, to
participate in this meeting, please contact Melissa Swanson, 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 City Hall located at 14050 Olympic Drive
during normal business hours and on the City’s website at www.clearlake.ca.us. Members of the public
are invited to come and comment on any item under discussion.
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 at the front counter
at City Hall located at 14050 Olympic Drive during normal business hours.
POSTED: July 8, 2019

BY:
_____________________________
Melissa Swanson, Administrative Services Director/City Clerk
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DocuSign Envelope ID: E70E9788-E73C-44B0-9290-653336EE4F91
Item 1
Certificate of Recognition
Lakeshore Lions Club
In Recognition of the
62nd Annual Redbud Parade &
Fourth of July Celebration
Presented in Gratitude of Your Generosity and
Dedicated Service in Support of Our Community
The City Council of the City of Clearlake extends a

Thank You in Honor of Your Commitment to
Our City and its Citizens.
Dated this 11th Day of July, 2019
Russell Cremer
Mayor
Item 2
CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT

MEETING OF: July 11, 2019
Agenda Item No. 3
Subject: Adoption of a Resolution Accepting Liability for Date: July 2, 2019

Worker’s Compensation for Peace Officers
Injured In the Line of Duty While Out of State;
Resolution No. 2019-33 Reviewed & Approved:
From: Melissa Swanson, Administrative Services

Director/City Clerk
Recommended Action: Adopt Resolution No. 2019-33, A Resolution of the City of Clearlake
Authorizing Worker’s Compensation Coverage for Off-Duty Peace
Officers Injured Out of State
ISSUE STATEMENT AND DISCUSSION:
In September 2018, Governor Brown signed into law AB 1749, effective January 1, 2019. The law
specifically amends the Labor Code to permit public agencies to accept liability for workers’
compensation of a peace officer, if the peace officer “is injured, dies, or is disabled from
performing his or her duties as a peace officer by reason of engaging in the apprehension or
attempted apprehension of law violators or suspected law violators, or protection or
preservation of life or property, or the preservation of the peace, outside the state of California,
but was not at the time acting under the immediate direction of his or her employer…”.
The law does not create a mandate that a public employer accept workers’ compensation liability
under the circumstances described above. Rather, the law expressly states that an employer may
accept liability and provide benefits at its discretion or in accordance with an adopted resolution,
as long as the employer decides that providing benefits serves the public purpose of the
employer. Attached is a sample resolution. The sample resolution applies broadly to any out-of-
state injury or illness sustained by a peace officer “by reason of engaging in the apprehension or
attempted apprehension of law violators or suspected law violators, or protection or
preservation of life or property, or the preservation of the peace” (which is the language used in
the statute).
The City’s Joint Power Authority for worker’s compensation coverage, Public Agency Risk Sharing
Authority of California (PARSAC) and its excess providers, LAWCX and CSAC, have all amended
1
their Memoranda of Coverage to provide worker’s compensation coverage in accordance with

the new law.
FINANCIAL AND/OR POLICY IMPLICATIONS:
Adoption of Resolution No. 2019-33 establishes policy to cover police officers while out of state
who respond to emergency situations and are injured. In the event this type of injury occurs, the
City would be responsible for worker’s compensation payments. Further, adoption of this
resolution would support the Council’s Strategic Plan Goal #6, Update Policies to Current
Government Standards.
ATTACHMENTS:
1. Resolution No. 2019-33
2
RESOLUTION NUMBER 2019-33
RESOLUTION OF THE CITY OF CLEARLAKE AUTHORIZING WORKERS’ COMPENSATION COVERAGE

FOR OFF-DUTY PEACE OFFICERS INJURED OUT OF STATE
WHEREAS, Labor Code Section 3600.2 was amended by Assembly Bill 1749 in 2018, to allow a peace
officer employer to accept liability for workers’ compensation liability and provide benefits for an
injury or illness sustained by a peace officer by reason of engaging in the apprehension or attempted
apprehension of law violators or suspected law violators, or protection or preservation of life or
property, or the preservation of the peace, outside the state of California, but who was not at the
time acting under the immediate direction of his or her employer, if the employer determines that
providing compensation serves the public purposes of the employer;
WHEREAS, the City’s workers’ compensation provider, Public Agency Risk Sharing Authority of
California (PARSAC), has amended its Memorandum of Coverage to provide coverage for peace
officers who sustain a bodily injury or occupational illness while out of state under the circumstances
described in Section 3600.2, but only if, prior to the occurrence, the governing board of the covered
member has adopted a resolution under Section 3600.2, subsection (b)(4), accepting liability for such
injury and or illness under the California workers’ compensation law; and,
WHEREAS, the City desires to accept workers’ compensation liability for peace officers who sustain
an injury or illness while out of state in accordance with Labor Code Section 3600.2 and the PARSAC
Memorandum of Coverage;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Clearlake as follows:
1. The City authorizes and agrees to accept liability for workers’ compensation benefits under
California Labor Code, Division 4 for an injury or illness sustained by a peace officer by reason of
engaging in the apprehension or attempted apprehension of law violators or suspected law
violators, or protection or preservation of life or property, or the preservation of the peace,
outside the state of California, but who was not at the time acting under the immediate direction
of the City. This resolution is adopted pursuant to Labor Code Section 3600.2, subsection (b)(4).
2. The City finds and determines that providing workers’ compensation benefits in the
circumstances described in paragraph 1 serves the public purposes of the City.
3. This coverage shall not apply if, at the time of the occurrence, the peace officer was suspended
from peace officer duty or otherwise not in good standing as a peace officer.
4. This coverage applies only to a peace officer as defined at Government Code Section 50920.
5. This coverage applies to occurrences that happen on or after July 1, 2019.
PASSED AND ADOPTED by the City Council of the City of Clearlake at its regular meeting on July 11,
2019, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
Mayor
ATTEST:
City Clerk
DRAFT
Item 4
MINUTES
CITY OF CLEARLAKE CITY COUNCIL &
REDEVELOPMENT SUCCESSOR AGENCY
SPECIAL MEETING
MAY 13, 2019
CALL TO ORDER SPECIAL CITY COUNCIL MEETING:
3:30 P.M.
Roll Call. Council Present: Russ Cremer, Mayor
Dirk Slooten, Vice Mayor
Phil Harris, Councilmember
Joyce Overton, Councilmember
Staff: Alan Flora, City Manager

Melissa Swanson, Administrative Services
Director/City Clerk
Jill Martin, Interim Director of Finance
BUSINESS:
1. Filling Council Vacancy as a Result of Mayor Nick Bennett’s Resignation
City Manager Flora gave the staff report.
ACTION: It was moved by Councilmember Harris and seconded by Mayor Cremer to adopt
Resolution No. 2019-23, A Resolution of the City Council of the City of Clearlake Directing the
City Clerk to Prepare Applications to Fill the Vacancy in the Office of City Council. The motion
passed with a unanimous roll call vote.
2. Consideration of Appointment of Mayor and/or Vice Mayor for the Remainder of the
Calendar Year 2019
ACTION: It was moved by Councilmember Harris and seconded by Councilmember Overton to

appoint Vice Mayor Cremer as Mayor and Councilmember Slooten as Vice Mayor for the
remainder of the calendar year. The motion passed with a unanimous voice vote.
CLOSED SESSION:
(1) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION: (Government Code 54956.9) –
City of Clearlake v. PG&E Corporation, et al., Case No. CV 1:17-CV-419398, Lake County
Superior Court
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There was no reportable action taken on this item.
ADJOURNMENT
There was no further business of the Council and the meeting was adjourned at 4:09 p.m.
Melissa Swanson, City Clerk
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DRAFT
MINUTES
SPECIAL MEETING
JUNE 9, 2019
3:03 P.M.

Director/City Clerk

1. Amendment of Contract with Coastland Civil Authorize the City Manager to amend the
Engineering contract with Coastland Civil Engineering
for an additional $7,690.00 and authorize
the City Manager to approve up to 10%
for additional unforeseen contract
amendments
3. Memorandum of Understanding (MOU) with Authorize the City Manager to execute the
the Konocti Unified School District (KUSD) for MOU with KUSD
a School Resource Officer
ACTION: It was moved by Councilmember Overton and seconded by Vice Mayor Slooten to
adopt the Consent Calendar as presented. The motion passed with a unanimous voice vote.
BUSINESS:
4. Consideration of Radio Infrastructure Upgrades for the Police Department
Chief White gave the staff report.
ACTION: It was moved by Councilmember Harris and seconded by Vice Mayor Slooten to
authorize the City Manager to purchase radio equipment and contract for installation services
CCMin 06-09-19 Spl
Page 1 of 2
from Precision Wireless Service and adopt Resolution No. 2019-29 waiving the competitive
formal bidding process. The motion passed with a unanimous voice vote.
5. Consideration of Appointment of a New Council Member to Fill the Vacant Term Ending
November 2020
Administrative Director/City Clerk Swanson gave the staff report. The Council held interviews for
the vacant Councilmember seat.

adopt Resolution No. 2019-28, A Resolution of the City Council of the City of Clearlake
Appointing a Member to Fill the Office of City Council Member S. Nick Bennett as a Result of
Resignation and appoint Russell Perdock to serve said term. The motion passed with a
unanimous roll call vote.
ADJOURNMENT
There was no further business of the Council and the meeting was adjourned at 5:01 p.m.
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DRAFT
MINUTES
SPECIAL MEETING
JUNE 11, 2019
11:03 A.M.

Robert Wakefield, Deputy City Attorney
CLOSED SESSION:
City of Clearlake v. PG&E Corporation, et al., Case No. CV 1:17-CV-419398, Lake County Superior
Court
ADJOURNMENT
There was no reportable action taken in closed session. There was no further business of the
Council and the meeting was adjourned at 11:25 a.m.
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DRAFT
MINUTES
CITY OF CLEARLAKE CITY COUNCIL
REGULAR MEETING
JUNE 13, 2019
CALL TO ORDER WORKSHOP/CLOSED SESSION: 4:00 P.M.
Roll Call. Present: Russ Cremer, Mayor


Christian Bettenhausen, Deputy City Attorney
Andrew White, Police Chief
Tim Celli, Police Captain
Mike Baker, Public Works Superintendent
Director/City Clerk
1. Swearing In of Appointed Councilmember Russell Perdock
2. Review of the FY 2019/20 Proposed Budget
ACTION: It was the consensus of the Council to give the Northern California Indian Development
Council worker program a Certificate of Appreciation.
CLOSED SESSION:
(1) CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to Government Code Section 54957.6:
Agency Designated Representative: City Manager Alan Flora; Employee Organizations: Clearlake
Court
(3) CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION

(Government Code Paragraph (3)(e) of Section 54956.9) Name of case: Matamoros v City of
Clearlake
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Page 1 of 6
Closed Session adjourned at 5:59 p.m. with no reportable action.
CALL TO ORDER REGULAR CITY COUNCIL MEETING: 6:01 P.M.

Russ Perdock, Councilmember

Christian Bettenhausen, Deputy City Attorney
Melissa Swanson, Admin Services Director/City Clerk
Dave Swartz, Contract City Engineer
INVOCATION
Dale Rogers gave the invocation.
ADOPTION OF THE AGENDA

City Manager Flora asked for Item #1, Swearing-In of Police Police Officer Jesus Loera, be removed
from the agenda. Additionally, he announced an emergency item to be added to the agenda.
ACTION: It was moved by Vice Mayor Slooten and seconded by Councilmember Harris to
determine that there is a need to take action on the Pacific Gas and Electric Company Non-
Disclosure and Mutual Assistance Agreement before the next regular meeting, that the need
arose after the agenda was posted, and the Council hereby adds the Agreement as Item #1 to the
agenda. The motion passed with a unanimous roll call vote.
1. Consideration of a Non-Disclosure and Mutual Assistance Agreement with Pacific Gas and
Electric Company
ACTION: It was moved by Vice Mayor Slooten and seconded by Councilmember Perdock to
approve the Non-Disclosure and Mutual Assistance Agreement with Pacific Gas and Electric
Company and authorize the City Manager to sign. The motion passed with a unanimous voice
vote. Further, it was the consensus of the Council to direct staff to bring forward a discussion on
the Public Safety Power Shutoffs to a future agenda.
PRESENTATIONS:
2. Swearing-In of Police Police Officer Jesus Loera (Removed from the agenda)
3. Presentation by Lake County Health Services on Tobacco Prevention and Education
4. Proclamation Declaring June as LGBT Pride Month
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PUBLIC COMMENT:
There was no public comment.

7. Second Reading of Ordinance No. 229-2019 Hold second reading, read by title only,
Amending Section 5 and 18 of the Clearlake waiver further reading and adopt
Municipal Code Related to Cannabis ordinance
Businesses
8. Resolution No.2019-24, A Resolution of the Adopt resolution
City of Clearlake, Approving a Temporary
Street Closure for the 62nd Annual, 4th of July
Parade on July 6th, 2019
9. Minutes of the April 10, 2019 Lake County Receive and file
Vector Control District Board meeting
ACTION: It was moved by Councilmember Harris and seconded by Councilmember Perdock to

accept the Consent Calendar as presented. The motion passed with a unanimous voice vote.
10. Public Hearing for Adoption of the Appropriations Limit (Gann Limit) for FY 2019-20 and
designating the formula to be used for Calculation of Same
Mayor Cremer opened the Public Hearing at 6:40 p.m.
ACTION: It was moved by Vice Mayor Slooten and seconded by Councilmember Harris to adopt
Resolution No. 2019-25 of the City Council of The City of Clearlake Adopting the Appropriations
Limit for FY 2019-20 and designating the formula to be used for Calculation of Same. The motion
passed with a unanimous voice vote.
11. Public Hearing to Consider Adoption of the City of Clearlake’s Budget for FY 2019-20


adopt Resolution 2019-26 Adopting the FY 2019-20 City of Clearlake Budget. The motion passed
with a unanimous voice vote.
12. Public Hearing to Consider Adoption of the City of Clearlake’s Fee Schedule for FY 2019-20
City Manager Flora gave the staff report. Chief White asked for changes to the resolution to
include the information that the Police Department and Code Enforcement had asked for changes
to the fee schedule.
Joan Mingori spoke regarding the parking citation fees for people parking in bike lanes.
Mayor Cremer closed the Public Hearing at 6:51 p.m.
ACTION: It was moved by Councilmember Overton and seconded by Councilmember Perdock to

adopt Resolution 2019-27 Approving the FY 2019-20 City of Clearlake Fee Schedule, with the
changes suggested by Chief White. The motion passed with a unanimous voice vote.
13. Public Hearing to Consider Adoption of Ordinance No. 230-2019 Requiring Registration of
Vacant, Abandoned or Foreclosed Commercial Buildings
City Manager Flora and Chief White gave the staff report. Deputy City Attorney Bettenhausen
suggested clarification language in Section 9-5.3(f) to read “The fee for the first annual renewal
[and for each year thereafter] shall be two-hundred and fifty dollars ($250).”
Mayor Cremer opened the Public Hearing at 7:09 p.m.
Joan Mingori spoke against the fee structure of the ordinance.
Denise Loustalot spoke in favor of the ordinance.
Sheryl Almon spoke in favor of the ordinance.
Erin McCarrick had questions on the ordinance and was in favor of the ordinance.
Mayor Cremer closed the Public Hearing at 7:25 p.m.
ACTION: It was moved by Councilmember Harris and seconded by Vice Mayor Slooten to hold
first reading of Ordinance No. 230-2019, including the language modifications as suggested by
the Deputy City Attorney, read it by title only, waive further reading and set second reading and
adoption for the June 27th meeting. The motion passed with a unanimous roll call vote.

BUSINESS:
14. Approve a Two-year Agreement between the County of Lake, City of Lakeport and City of
Clearlake for Support of Lake County PEG TV
ACTION: It was the consensus of the Council to table this item until the PEG Board has reviewed
the agreement.
15. Approve an Agreement between the County of Lake and City of Clearlake Regarding a Road
Maintenance Program for 40th Avenue, Davis Avenue and Moss Avenue for Fiscal Year
2018-19 through FY 2023-24
ACTION: It was moved by Vice Mayor Slooten and seconded by Councilmember Overton to
adopt Resolution 2019-30 Approving and Agreement between the County of Lake and City of
Clearlake Regarding a Road Maintenance Program and Authorize the Mayor to Sign. The motion
passed with a unanimous voice vote.
Mayor Cremer called for a ten-minute break.
16. Discussion on Traffic Calming Measures
Contract City Engineer Swartz gave the staff report.
ACTION: It was the consensus of the Council to give the authority to staff to identify locations
for a test of the suggested traffic calming measures and speed table and bring the results back to
a future Council meeting.
17. Consideration of Mayor’s Appointments for 2019
Mayor Bennett appointed Councilmember Perdock to all vacant committee seats except the Lake
County Clean Water Program.
confirm the Mayor’s appointments and to advertise for the vacant seat on the Zoning
Committee. The motion passed with a unanimous voice vote.

FUTURE AGENDA ITEMS
ACTION: It was the consensus of the Council to direct staff to bring forward a Tobacco Retail
Licensing ordinance for consideration.

ADJOURNMENT
There being no further business of the Council, the meeting was adjourned at 8:44 p.m.

DRAFT
MINUTES
CITY OF CLEARLAKE CITY COUNCIL
REGULAR MEETING
JUNE 27, 2019
CALL TO ORDER REGULAR CITY COUNCIL MEETING: 6:00 P.M.

Russ Perdock, Councilmember

Keith Collins, Deputy City Attorney
Melissa Swanson, Admin Services Director/City Clerk
Dave Swartz, Contract City Engineer
Mike Baker, Public Works Superintendent
INVOCATION
Mayor Cremer led a moment of silence.
ADOPTION OF THE AGENDA

ACTION: It was moved by Councilmember Harris and seconded by Councilmember Perdock to
adopt the agenda as presented. The motion passed with a unanimous roll call vote.
PRESENTATIONS:
1. Presentation by Clearlake Animal Control of June’s Adoptable Dogs
2. Swearing-In of Police Officer Jesus Loera
PUBLIC COMMENT:
Jeff Smart spoke regarding a homeless encampment, illegal dumping and code enforcement issues
in his neighborhood by Pomo School.
Jessica Taliaferro spoke regarding homeless encampments, illegal dumping and code enforcement
issues in the same neighborhood.
Chris Taliaferro also spoke of the same issues.

CCMin 06-27-19
Page 1 of 3
Del Fellers spoke regarding the same issues.

4. Second Reading of Ordinance No. 230-2019 Hold second reading, read by title only,
Requiring Registration of Vacant, Abandoned waiver further reading and adopt
or Foreclosed Commercial Buildings ordinance
5. Minutes of the April and May Meetings Receive and file
6. Minutes of the May 8, 2019 Lake County
Vector Control District Board Meeting Receive and file
7. Used Oil Payment Program Application by
County of Lake By motion, authorize the City Manager to
submit a Letter of Authorization for the
Regional Used Oil Payment Program to the
County of Lake
8. Consideration of Updates to Management Adopt Updates to the City Salary Schedule
Classification and Benefits Plan and City Salary
Schedule
9. Consideration of a Resolution Rescinding Adopt resolution to rescind Resolution
Resolution No. 2017-34: Adopting the Code 2017-34
Enforcement Division Policy and Procedure
Manual; Resolution No. 2019-31
10. Consideration of Resolution 2019 - 32 to Adopt Resolution 2019 – 32
authorize the City Manager to execute all
Master Agreements, Program Supplemental
Agreements, Fund Exchange Agreements,
Fund-Transfer Agreements and/or any
amendments for Federal and/or State funded
Transportation Projects
accept the Consent Calendar as presented. The motion passed with a unanimous voice vote.
BUSINESS:
11. Discussion and Direction Regarding the Purchase of a Street Sweeper
Public Works Superintendent Baker gave the staff report.
ACTION: It was the consensus of the Council to utilize the services of Clearlake Waste Solutions
to sweep the streets at no additional cost to the City and direct staff to bring the item back to
the Council for consideration at a future meeting after review of the new street sweeping
schedule.
12. Consideration of Designation of Voting Delegates and Alternate(s) For the League of
California Cities Annual Conference in October
Administrative Services Director/City Clerk Swanson gave the staff report.
ACTION: It was moved by Vice Mayor Slooten and seconded by Councilmember Perdock to
designate Councilmember Overton as voting delegate and Mayor Cremer as alternate. The
motion passed with a unanimous voice vote.
13. Discussion and Possible Direction Regarding City Response Related to PG&E’s Public Safety
Power Shutdowns
ACTION: It was the consensus of the Council to continue talks with PG&E to provide for the
elderly and medically fragile and continue to inform the public on how to be prepared.

FUTURE AGENDA ITEMS
ACTION: It was the consensus of the Council to direct staff to bring forward a discussion on an
ad hoc committee to address the issues brought forward in public comment for consideration to
a future agenda.
CLOSED SESSION:
(1) CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to Government Code Section 54957.6:
Agency Designated Representative: City Manager Alan Flora; Employee Organizations: Clearlake
Court
ACTION: It was moved by Councilmember Harris and seconded by Vice Mayor Slooten to accept
the mediator’s proposal to resolve the collective North Bay Fires claims of nine public entities,
including the City of Clearlake, and direct the City Manager to sign the Plan Support Agreement
with PG&E related to Case Number CV 41938, which was filed in Lake County Superior Court,
entitled City of Clearlake v. PG&E Corporation, et al. The vote was 5-0 with all Councilmembers
voting in favor of the motion.
ADJOURNMENT
There being no further business of the Council, the meeting was adjourned at 8:20 p.m.

CITY OF CLEARLAKE
Agenda Item No. 5

Subject: Consideration of Continuation of Declaration of Date: July 2, 2019
Local Emergency Issued on October 9, 2017 and
Ratified by Council Action October 12, 2017
Reviewed & Approved:
From: Melissa Swanson, City Clerk

Recommended Action: By motion keep declaration of emergency active and set next
review for the next Council meeting
On October 9th, 2017, City Manager Folsom, as the Director of Emergency Services for the City
of Clearlake, declared in a Proclamation by the Director of Emergency Services Declaring a Local
Emergency:
“That conditions of extreme peril to the safety of the persons and property have arisen
within the City of Clearlake caused by the wildfire on October 9th, 2017.”
According to California Government Code Section 8630:
(a) A local emergency may be proclaimed only by the governing body of a city, county,
or city and county, or by an official designated by ordinance adopted by that governing
body.
(b) Whenever a local emergency is proclaimed by an official designated by ordinance,

the local emergency shall not remain in effect for a period in excess of seven days unless
it has been ratified by the governing body.
(c) The governing body shall review the need for continuing the local emergency at least
once every 30 days until the governing body terminates the local emergency.
(d) The governing body shall proclaim the termination of the local emergency at the
earliest possible date that conditions warrant.
1
On October 12th the Council ratified the Proclamation of the Local Emergency by adoption of
Resolution No. 2017-78. The Council must continue the Proclamation every 30 days or
terminate the local emergency.
It is recommended that the City Council again continue the Proclamation of Emergency ratified
in Resolution No. 2017-78 and continued on October 26th, November 9th, November 16th,
November 30th, December 14th, December 21st, January 11th, February 8, March 8, March 22nd,
April 12th, May 10th, May 24th, June 14th, July 12, August 9, September 6, October 11, and
November 8, December 6th, December 13th, January 10th, January 28th, February 14th, March
14th, April 11th, May 9th, and June 6th, and June 13th and review the status of the Proclamation
again within 30 days.
There is potential for recovery of costs by the City due to the declared state of emergency.
2
CITY OF CLEARLAKE
Agenda Item No. 6
Subject: Purchase of Taser 7 Devices and Training for the Date: June 28, 2019
Police Department
From: Andrew White, Chief of Police
Recommended Action: Authorize the Chief of Police to enter into a 5-year contract with
Axon Enterprises Inc. for the purchase of Taser devices and adopt
Resolution No. 2019-32 waiving the competitive formal bidding
process.
The Police Department issues Taser devices to officers to control violent or potentially violent
individuals while minimizing the risk of serious injury to officers and suspects. The department’s
devices are beyond their service life and they are no longer able to be repaired when
malfunctions occur. The FY 19-20 budget includes an appropriation to replace the devices.
The department obtained a quote from Axon for a 5-year purchase agreement for the Taser 7
Certification Plan for 24 full-time, sworn officers. The agreement spreads the cost of the purchase
across the term and includes the devices, warranty, unlimited cartridges and training, including
a new virtual reality, scenario-based training system. The existing devices were purchased
outright and the department separately expended funds for cartridges and training.
The virtual reality, scenario-based training is a new technology designed to better prepare the
officers for dealing with mentally ill subjects. According to Axon, 7-10% of all police encounters
involve mentally ill subjects and 25-50% of all fatal police shootings involved subjects with
untreated severe mental illness. The modules in the training program support de-escalation
curricula and were developed with law enforcement, crisis intervention and mental health
experts.
When the FY 19-20 budget was approved, $10,000 was appropriated to cover the estimated cost
of acquiring Tasers. However, that figure was based on a prior model of the Taser. With the
release of the Taser 7, the cost of the program is $17,704.42 per year, for a total purchase cost
of $88,522.10. This includes a trade-in credit of $5,000.40 for old Taser units.
Staff recommends the City Council waive competitive bidding and approve the Chief of Police to
enter into a 5-year agreement with Axon for the purchase of the Taser 7 Certification Plan for 24
users. The agreement is based on a per user count, so staff recommends the City Council further
authorize the Chief of Police, with the approval of the City Manager, to add additional users to
the agreement during the term of the agreement. Finally, staff recommends the City Council
appropriate $7,704.42 of fund balance in Measure P to cover the unforeseen additional expense
in FY 19-20 for this purchase.
The total cost of the 5-year agreement is $88,522.10, with a per year cost of $17,704.42 per year.
The cost will be spread between General Fund ($10,000) and Measure P fund-balance ($7,704.42)
for FY 19-20.
RESOLUTION NO. 2019-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE

AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO AN AGREEMENT WITH
AXON ENTERPRISES, INC. FOR THE PURCHASE OF TASER DEVICES
WHEREAS, the Police Department issues Taser devices to officers to control violent or potentially
violent individuals while minimizing the risk of serious injury to officers and suspects and the
current devices are beyond their service life and unable to be repaired when malfunctions occur;
and
WHEREAS, Axon Enterprises Inc. has provided a quote for a 5-year purchase agreement, with
trade-in credit, for the Taser 7 Certification Plan for 24 officers in the amount of $17,704.42 per
year, for a total cost of $88,522.10, and Axon Enterprises Inc. is the sole provider of the Taser 7
devices and purchase plan; and
NOW, THEREFORE BE IT RESOLVED that the Chief of Police of the City of Clearlake is authorized
to enter into an agreement with Axon Enterprises Inc. for the purchase of the Taser Certification
Plan for 24 officers for a term of 5 years; and
BE IT FURTHER RESOLVED, the Chief of Police, with the approval of the City Manager, is
authorized to add additional users to the agreement during the term of the agreement; and
BE IT FURTHER RESOLVED, the City Council of the City of Clearlake hereby waives the competitive
formal bidding process pursuant to Clearlake Municipal Code Section 3-4.5.
PASSED AND ADOPTED by the City Council of the City of Clearlake, County of Lake, State of
California, on this 11th day of July 2019, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:______________________________ ________________________________
City Clerk Mayor
CITY OF CLEARLAKE
Agenda Item No. 7
Subject: Gravel Roads Chip Seal Project Date: July 11, 2019
From: David Swartz

Consulting City Engineer
Recommended Action: Discuss and provide direction to staff
In April staff began discussing the strategies and goals to be implemented by the gravel road
grading project. We researched historical methods and means, along with the amount of
roadway grading that had been accomplished in past years. Gravel roadway grading commenced
in full operation by June of this year and will continue throughout this summer. The Public Works
superintendent and I visited the grading operations weekly to monitor quality and quantity of
grading that has been done. The grading project is progressing nicely, however, the first roads
that were graded in early June are already showing signs of “wash-boarding” and returning
potholes. We believe by the end of summer, the earlier graded roads will be degraded to 50% of
their condition, and by next year, the process with start all over again and many of the roads will
be in the same condition as when we began this year.
We asked ourselves a question: What can be done economically to address the gravel roads for
more than a few months, where city staff can begin minimizing the time they spend “re-grading”
roads from the prior year? What do other rural communities do? How much per mile is the city
spending yearly to grade the roads now?
Here is what we arrived at: 1.) Regarding a surface that is economical that will last in the 5+ year
range, we came up with a “double chip seal” solution. 2.) Other rural communities are
implementing this same solution (chip sealing over gravel roads). 3.) Currently, because we are
grading in residential areas, the manpower requirements are increased. A single City grading
crew has the following personnel, 2-flaggers, 1-grading operator, 1-water truck operator, 1-
ground person, 1-supervisor part time to oversee and schedule. This city operates 2 grading
crews when possible. City Crews can, if uninterrupted, grade approximately 2 miles of roadway
per week. Given equipment costs, fuel, additional gravel deliveries, and personnel, the city
spends, on average, approximately $10,000 per mile to grade the existing gravel roads, which last
for 1 year. However, due to the ongoing interruptions of staff, they will not address all 40+ miles
of gravel roads in one summer. In all reality, the graded roads last approximately 6 months. This
means that the City spends approximately $10,000 per mile for 6 months of roadway grading
benefit, and the other 6 months residents receive little to no benefit. If the roads could be re-
graded every 6 months, the city would spend approximately $20,000 per mile, per year to grade
roads.
How does this compare to a double chip seal project? We estimate (only can be confirmed
through actual bidding) that a chip seal project will cost the City approximately $70,000 per mile.
We estimate the useful life span of a double chip seal to be 6 years.
Chip Seal vs. Roadway Grading – We estimate that normalizing the cost of roadway grading so
that you have an “equivalent benefit” between both operations would yield the following long-
term costs:
6 Years of Chip Sealing = $70,000

6 Years of Roadway Grading (normalized for equal benefit) = $120,000.
Keep in mind the actual financial and practical impacts of one vs. the other is going to be $60,000
for the roadway grading cost.
RECOMMENDED ACTION:
We are recommending the City conduct a test project to surface approximately 1 mile of gravel
roadway with a double chip seal surfacing project. We are recommending this be completed this
year. Through the competitive bid process and construction, we will be able to determine the
budget cost and over the next year evaluate the stability of one of these types of projects. We
assess there are areas in the City where flooding and lack of drainage would substantially shorten
the useful life of a chip seal project, however there are numerous areas where this may be
applied. We have consulted with public works staff, and Police Chief, for recommendations of
areas which may benefit from surfacing, with the criteria that the trial area needs to be one
where the “best” chance of success occurs. Based on this research we are recommending the
south-west area of the “Avenues” (see attached map). We are also seeking City Council input for
this test area.
CITY OF CLEARLAKE
Agenda Item No. 8
Subject: Highlands Harbor Drive and Harbor Lane Date: July 11, 2019
Update
From: David Swartz

Consulting City Engineer
Recommended Action: Report for information only. No action necessary.
UPDATE ON COMPLETED CONSTRUCTION AND DISCUSSION:
In 2018 the city embarked upon a design project to rehabilitate the “Highlands Harbor Area”.
The project design elements included recommendations and design plans and specifications to
rehabilitate the following streets: Highlands Harbor Drive, Harbor Lane, Anchor Drive, Marina
Court, and Lakeland Drive.
Key elements we considered when conducting this rehabilitation project were: useful life of
rehabilitated street, budget and amount of road that can be addressed, local construction
techniques available and previous history/success on similar streets that have been rehabilitated.
Considering these elements and the basis goal in mind is to cover as many square feet of street
as possible within the project budget, and maintain the projects integrity, we selected three
rehabilitation techniques. 1.) Pavement grinding and overlay, 2.) Double Micro-surfacing, and
3) Pavement dig-outs overtopped by Double Micro-surfacing.
By combining these techniques, we were able to rehabilitate more than 6000 lineal feet (1.2
miles) of roadway, with a useful life of 10 years+. We considered the project to be a huge success
and have received some very positive feedback from the local residents. Attached are some
before and after photos which illustrate the level of improvement this project provided to this
area of the city.
Figure 1: April 27, 2018- Court at end of Harbor Lane
Figure 2: May 16, 2019 Court at end of Harbor Lane

Figure 3: April 27, 2018 Looking down Harbor Lane
Figure 4: May 23, 2019 Looking down Harbor Lane

Figure 5: April 27, 2018 Sewer Manhole sticking up about 4" above surrounding pavement
Figure 6: May 16, 2019 Manhole is now flush with surrounding pavement
CITY OF CLEARLAKE
Agenda Item No. 9
Subject: Amendment of Award of Construction Contract Date: July 8, 2019

for the Meadowbrook Area Pavement
Rehabilitation Project
From: Adeline Brown, Engineer Tech
Recommended Action: Discuss and provide direction to staff on whether to amend the
contract with Darren Taylor Construction for construction of the
Meadowbrook Area Pavement Rehabilitation Project in the amount
of $1,175,131.00 for the Base bid, Bid Alternate #1 and also include
Bid Alternate #2 and authorize the City Manager to approve up to
10% for additional unforeseen contract amendments.
On July 2, 2019, City Council awarded the contract to Darren Taylor Construction for the Meadowbrook
Area Pavement Rehabilitation Project, which included the base bid and bid alternate #1. On June 27,
2019, the following bids were received:
Base Bid Bid Alternate #1 Bid Alternate #2 Total:
Darren Taylor
Construction $751,924.00 $280,693.50 $142,513.50 $1,175,131.00
Granite
$1,018,516.00 $326,361.00 $196,426.00 $1,541,303.00
Construction
Lamon
$915,097.10 $332,171.22 $190,397.06 $1,437,665.38
Construction
Team Ghilotti $899,141.70 $343,524.25 $224,836.00 $1,467,501.95
Northwest
$1,179,154.00 $365,802.00 $220,585.00 $1,765,541.00
Paving, Inc
On July 2nd the Council expressed a desire to explore alternatives to allow the award of the entire
project, including bid alternate #2. Staff would like to discuss the options further with Council and
receive direction on awarding the entire project.
This project furthers the Council’s Strategic Plan Goal #3 - Improve the Quality of Life in Clearlake
with Improved Public Facilities. Funding the entire project may affect the funding of a future
proposed Measure V project that was previously identified. Funding for this project is available using
Measure V and Gas Tax funds.

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CITY OF CLEARLAKE

THURSDAY JULY 11, 2019 6:00 P.M.

ADOPTION OF THE AGENDA (This is the time for agenda modifications.)

Consent Items Recommended Action

7. Gravel Roads Chip Seal Project

8. Highlands Harbor Drive and Harbor Lane Update

9. Amendment of Award of Construction Contract for the Meadowbrook Area Pavement

CITY MANAGER AND COUNCILMEMBER REPORTS

ANNOUNCEMENT OF ACTION(S) FROM CLOSED SESSION

POSTED: July 8, 2019

The City Council of the City of Clearlake extends a

Dated this 11th Day of July, 2019

CITY COUNCIL STAFF REPORT

Agenda Item No. 3

Subject: Adoption of a Resolution Accepting Liability for Date: July 2, 2019

From: Melissa Swanson, Administrative Services

their Memoranda of Coverage to provide worker’s compensation coverage in accordance with

FINANCIAL AND/OR POLICY IMPLICATIONS:

RESOLUTION NUMBER 2019-33

RESOLUTION OF THE CITY OF CLEARLAKE AUTHORIZING WORKERS’ COMPENSATION COVERAGE

5. This coverage applies to occurrences that happen on or after July 1, 2019.

Staff: Alan Flora, City Manager

City Manager Flora gave the staff report.

City Manager Flora gave the staff report.

ACTION: It was moved by Councilmember Harris and seconded by Councilmember Overton to

CCMin 05-13-19 Spl

There was no reportable action taken on this item.

Melissa Swanson, City Clerk

CCMin 05-13-19 Spl Page 2 of 2

Staff: Alan Flora, City Manager

Consent Items Recommended Action

Chief White gave the staff report.

ACTION: It was moved by Councilmember Harris and seconded by Councilmember Overton to

Melissa Swanson, City Clerk

CCMin 06-09-19 Spl Page 2 of 2

Staff: Alan Flora, City Manager

Melissa Swanson, City Clerk

CCMin 06-11-19 Spl

Roll Call. Present: Russ Cremer, Mayor

Staff: Alan Flora, City Manager

1. Swearing In of Appointed Councilmember Russell Perdock

2. Review of the FY 2019/20 Proposed Budget

City Manager Flora gave the staff report.

(3) CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION

Closed Session adjourned at 5:59 p.m. with no reportable action.

CALL TO ORDER REGULAR CITY COUNCIL MEETING: 6:01 P.M.

Roll Call. Present: Russ Cremer, Mayor

Staff: Alan Flora, City Manager

ADOPTION OF THE AGENDA

City Manager Flora gave the staff report.

Consent Items Recommended Action

ACTION: It was moved by Councilmember Harris and seconded by Councilmember Perdock to

City Manager Flora gave the staff report.

Mayor Cremer opened the Public Hearing at 6:40 p.m.

There was no public comment.

City Manager Flora gave the staff report.

There was no public comment.

CCMin 06-13-19 Page 3 of 6

ACTION: It was moved by Councilmember Harris and seconded by Councilmember Overton to

Mayor Cremer closed the Public Hearing at 6:51 p.m.

ACTION: It was moved by Councilmember Overton and seconded by Councilmember Perdock to

Mayor Cremer opened the Public Hearing at 7:09 p.m.

Joan Mingori spoke against the fee structure of the ordinance.