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 OCTOBER 24, 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 3
 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 by Clearlake Animal Control of October’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. 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. Minutes of the September Meetings Receive and file
4. Continuation of Local Emergency Issued on By motion keep declaration of emergency
October 9, 2017 and Ratified by Council active and set next review
Action October 12, 2017

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
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.
Page 2 of 3
 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:
5. Consideration of Approval of the Report of Delinquent Public Nuisance Abatement Costs and Their
Collection on the Tax Roll; Resolution No. 2019-47
Recommended Action: Hear and consider any protests to the proposed action and adopt
resolution confirming costs

6. Consideration of Award of Bid for Austin Park Improvements in the Amount of $2,036,802.50 to
R&R Pacific Construction
Recommended Action: Award Construction Contract in an Amount of $2,036,802.50 to R&R
Pacific Construction and authorize the City Manager to approve change orders up to 10% of the
contract amount

7. Consideration of Appointment to the Clean Water Program Management Council

Recommended Action: By motion, confirm the Mayor’s appointment

CITY MANAGER AND COUNCILMEMBER REPORTS

FUTURE AGENDA ITEMS
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

ANNOUNCEMENT OF ACTION(S) FROM CLOSED SESSION

ADJOURNMENT
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: October 18, 2019
BY:
_____________________________
Melissa Swanson, Administrative Services Director/City Clerk
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Item 2
 DRAFT Item 3
MINUTES
CITY OF CLEARLAKE CITY COUNCIL
& REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING
SEPTEMBER 12, 2019
CALL TO ORDER REGULAR CITY COUNCIL MEETING: 6:00 P.M.

Roll Call. Present: Russ Cremer, Mayor

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

Staff: Alan Flora, City Manager

Dean Pucci, Deputy City Attorney
Melissa Swanson, Admin Services Director/City Clerk
Andrew White, Police Chief
Jill Martin, Interim Director of Finance
Dave Swartz, Contract City Engineer

INVOCATION
Art Carson gave the invocation. Councilmember Perdock led a moment of silence in memory of
September 11th.

ADOPTION OF THE AGENDA

There were no changes to the agenda.

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

PRESENTATIONS:
1. Presentation of a Proclamation Declaring September as Senior Center Month
2. Presentation on Clearlake’s Retail Market and Opportunities for Expansion

PUBLIC COMMENT:
Freesia Kelleher: spoke regarding the curb at the library being too high; would like two official burn
days; felt that there needs to be more communication for cleaning up the city; spoke on
homelessness issues.

CCMin 09-12-19
Page 1 of 3
Bruno Sabatier spoke regarding the car show last Saturday, Slammed on the Lake; thanked the
parks crew for their help and effort to assist

Consent Items Recommended Action

3. Warrant Registers Receive and file
4. Minutes of the August 14, 2019 LCVCD Board Receive and file
Meeting
5. Minutes of the August Meetings Receive and file
6. Consideration of Second Reading and Hold second reading of Ordinance No.
Adoption of Ordinance No. 233-2019, An 233-2019, read it by title only, waive
Ordinance of the City Council of the City of further reading and adopt
Clearlake Amending Section 5-22, Smoking
Prohibited in Parks and Certain Public Places,
of the Clearlake Municipal Code in its Entirety
and Approving a Related CEQA Exemption for
the Municipal Code Amendments
7. Consideration of Continuation of Declaration By motion keep declaration of emergency
of Local Emergency Issued on October 9, 2017 active and set next review for the next
and Ratified by Council Action October 12, Council meeting
2017

ACTION: It was moved by Vice Mayor Slooten and seconded by Councilmember Harris to accept
the Consent Calendar as presented. The motion passed with a unanimous voice vote.

BUSINESS:
8. Consideration of Rejection of Bids for the 2019 Double Chip Seal – South West Avenues
Project

Contract City Engineer Swartz gave the staff report.

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

reject all bids for the 2019 Double Chip Seal – South West Avenues Project. The motion passed
with a unanimous voice vote.

9. Consideration of a Memorandum of Understanding between the City of Clearlake and the

Middle Management Association for the period July 1, 2019 to June 30, 2021

City Manager Flora gave the staff report. He stated there were some minor changes to the
proposed agreement.

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

adopt Memorandum of Understanding between the City of Clearlake and Middle Management
Association, with changes as proposed, and authorize the City Manager to sign. The motion
passed with a unanimous voice vote.

CCMin 09-12-19 Page 2 of 3

10. Discussion of the 2019 League of California Cities (LOCC) Annual Conference Resolutions

City Clerk Swanson gave the staff report.

ACTION: It was the consensus of the Council to support both resolutions.

11. Consideration of adding an Office Assistant II and a Limited-Term Code Enforcement Officer
I/II to the Position Allocations for FY 2019-20, Resolution No. 2019-38

Chief White gave the staff report.

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

approve Resolution 2019-38. The motion passed with a unanimous voice vote.

CITY MANAGER AND COUNCILMEMBER REPORTS

FUTURE AGENDA ITEMS
City Manager Flora asked for and received the consensus of the Council to bring forward a
discussion on a contract for services for a retail marketing consultant.

Councilmember Overton asked for and received consensus to discuss the private roads within the
City and maintenance of those private roads.

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.

ADJOURNMENT

There was no action taken in Closed Session. There being no further business of the Council, the
meeting was adjourned at 7:34 p.m.

Melissa Swanson, City Clerk

CCMin 09-12-19 Page 3 of 3

 DRAFT
MINUTES
CITY OF CLEARLAKE CITY COUNCIL
& REDEVELOPMENT SUCCESSOR AGENCY
SPECIAL MEETING
SEPTEMBER 17, 2019
CALL TO ORDER REGULAR CITY COUNCIL MEETING: 3:18 P.M.

Roll Call. Present: Russ Cremer, Mayor

Russ Perdock, Councilmember
Phil Harris, Councilmember

Absent: Dirk Slooten, Vice Mayor

Joyce Overton, Councilmember

Staff: Alan Flora, City Manager

Melissa Swanson, Admin Services Director/City Clerk

BUSINESS:
1. Presentation on the Status of Broadband Availability within the City of Clearlake and
Discussion of the Draft Lake County Broadband Master Plan by the Upstate California
Connect Consortium/University of California Chico

City Manager Flora introduced Dr. David Espinoza who presented the draft master plan.

Councilmember Perdock asked for and received consensus to encourage the CalSPEED testing on
our website and in a press release.

ADJOURNMENT

There being no further business of the Council, the meeting was adjourned at 4:08 p.m.

Melissa Swanson, City Clerk

CCMin 09-17-19 Spl

Page 1 of 1
 DRAFT
MINUTES
CITY OF CLEARLAKE CITY COUNCIL
& REDEVELOPMENT SUCCESSOR AGENCY
REGULAR MEETING
SEPTEMBER 26, 2019
CALL TO ORDER REGULAR CITY COUNCIL MEETING: 6:00 P.M.

Roll Call. Present: Russ Cremer, Mayor

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

Staff: Alan Flora, City Manager

Dean Pucci, Deputy City Attorney
Tina Viramontes, Facilities Coordinator/Deputy City
Clerk
Andrew White, Police Chief
Jill Martin, Interim Finance Director
Lee Lambert, Code Enforcement Supervisor
Garrett Copas, Code Enforcement Officer

INVOCATION
Bob Meyers gave the invocation.

ADOPTION OF THE AGENDA

There were no changes to the agenda.

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

adopt the agenda as presented. The motion passed with a unanimous voice vote.

PRESENTATIONS:
1. Presentation by Clearlake Animal Control of September’s Adoptable Dogs

PUBLIC COMMENT:
Maria Holt spoke regarding the need for a crosswalk in front of Konocti Education Center.

Renata Jamorska spoke regarding the Meadowbrook paving project and the curb being too high inf

CCMin 09-26-19
Page 1 of 3
Consent Items Recommended Action
2. Warrant Registers Receive and file
3. Consideration of Disposal of Surplus Vehicles, Adopt resolution
Resolution No. 2019-39
4. Award of contract for the City of Clearlake’s Authorize the City Manager to execute a
Community Development Block Grant (CDBG) contract with Adams Ashby Group for
Grant Administration Services Grant Writing, Administration, & Labor
Compliance Services for a not to exceed
amount of $34,884.00
5. Adoption of Updated Records Retention Adopt resolution
Policies; Resolution No. 2019-43
6. 2018-2019 Lake County Civil Grand Jury Final Authorize response and concurrence
Report Response letters
7. Approval of Resolution No. 2019-44 to use Adopt by Resolution No. 2019-44 and
Informal Bidding Procedures Under the submit to the State Controller’s Office
Uniform Public Construction Cost Accounting
Act and submit to the State Controller’s Office

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

BUSINESS:
8. Consideration of Appeals of Abatement Orders, in Accordance with Clearlake Municipal
Code Chapter 18, Articles 9 and 10; Adopt Resolution No. 2019-40, Resolution No. 2019-41
and Resolution No. 2019-42

Code Enforcement Supervisor Lambert and Code Enforcement Officer Copas gave the staff report.

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

reject the abatement appeal of 5539 Vallejo Avenue and adopt Resolution No. 2019-40. The
motion passed with a unanimous voice vote.

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

reject the abatement appeal of 6056 Armijo and adopt Resolution No. 2019-41. The motion
passed with a unanimous voice vote.

ACTION: It was moved by Vice Mayor Slooten and seconded by Councilmember Overton to
reject the abatement appeal of 3539 Madrone and adopt Resolution No. 2019-42. The motion
passed with a unanimous voice vote.

9. Consideration of a Memorandum of Understanding between the City of Clearlake and the

Clearlake Police Officers Association for the period July 1, 2019 to June 30, 2021

City Manager Flora gave the staff report.

CCMin 09-26-19 Page 2 of 3

ACTION: It was moved by Councilmember Perdock and seconded by Councilmember Harris to
adopt Memorandum of Understanding between the City of Clearlake and Clearlake Police
Officers Association and authorize the City Manager to sign. The motion passed with a
unanimous voice vote.

10. Discussion and Direction Regarding Rental Housing Unit Inspection Ordinance

Chief White gave the staff report.

ACTION: It was the consensus of the Council to direct staff to gather information and bring to a
future Council meeting for further discussion.

CITY MANAGER AND COUNCILMEMBER REPORTS

FUTURE AGENDA ITEMS
Councilmember Perdock asked for and received consensus of the Council to bring a discussion on
the Traffic Safety Committee to a future Council 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
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) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION: (Government Code 54956.9) –
Wang v. City of Clearlake, et al., Case No. CV 418902, Lake County Superior Court

(4) LIABILITY CLAIMS: (Government Code 54956.9) – Claimant: Becerra; Agency Claimed Against:
City of Clearlake

(5) PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Government Code Section 54957 (b) (1)
Title: City Manager

ACTION: The City Attorney announced the Council gave direction to staff and legal counsel
regarding Closed Session Item 3. Additionally, it was moved by Councilmember Harris and
seconded by Councilmember Overton to deny the Becerra claim under Closed Session Item 4.

ADJOURNMENT
There being no further business of the Council, the meeting was adjourned at 8:33 p.m.

Melissa Swanson, City Clerk

CCMin 09-26-19 Page 3 of 3

CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: October 24, 2019

Agenda Item No. 4

Subject: Consideration of Continuation of Declaration of Date: October 17, 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

ISSUE STATEMENT AND DISCUSSION:

On October 9th, 2017, former 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 review the status of the Proclamation again within 30 days.

FINANCIAL AND/OR POLICY IMPLICATIONS:

There is potential for recovery of costs by the City due to the declared state of emergency.

2
CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: October 24, 2019

Agenda Item No. 5

Subject: Consideration of Approval of the Report of Date: 10/10/19

Delinquent Public Nuisance Abatement Costs and
Their Collection on the Tax Roll; Resolution No.
2019-47 Reviewed & Approved:

From: Lee Lambert, Code Enforcement Supervisor

Recommended Action:
1. Hear and consider any protests to the proposed action.
2. Adopt Resolution No. 2019-47: Approving and
Confirming the Report of Delinquent Abatement Costs
as Special Assessments and Requesting Lake County
Collect Such Charges on the Tax Roll.

ISSUE STATEMENT AND DISCUSSION:

The Code Enforcement Bureau abated several properties in the city (Exhibit A – Report of Costs)
that constituted public nuisances per the City Municipal Code. Prior to abating these properties,
inspection and abatement warrants were issued and posted on the respective properties for 24
hours prior to the abatement. The abatement work was undertaken by HD Excavating pursuant
to a contract awarded by the City Council. Inspections were completed at each property to
confirm the abatement was completed to the satisfaction of the Building Inspector.

The property owners were served with notice of this hearing and given a demand for payment
at least 10 days prior. Notices were also posted at each property. Pursuant to §10-5.2 of the
Clearlake Municipal Code, unpaid abatement costs may be made a lien or special assessment
against the real property on which the violation occurred. If full payment of the outstanding
debt associated with any parcel is made prior to filing the special assessment with the County,
the parcel will be removed from the Report of Costs.

The purpose of this item is to consider and act upon any and all protest(s) of proposed
assessments as outlined in the Report of Costs (Exhibit A) and consider confirmation of the
assessments. Upon due consideration of the evidence and testimony submitted by staff and the
property owner(s), the City Council may revise, correct or modify the report as is considered
just and revise the resolution.

One of the properties was abated using both city funding and CalRecycle grant funding and the
other properties were abated using funding from a CalRecycle grant. The City has agreed that
CalRecycle shall be named as a third-party beneficiary of any and all recoveries under the
assessments and or liens, up to the full amount of said costs as specified in the accounting,
which shall have priority over any City costs in said accounting. CalRecycle shall be named in
the lien document, along with the City, as party to receive notice of any and all payoff demands
and / or other notices relating to the liens.

Staff recommends that the Council confirm said assessments by adopting the proposed
resolution. Attached is the proposed resolution confirming assessments, statement of expenses
for the proposed assessments and supporting evidence.

POLICY AND/OR FINANCIAL IMPLICATIONS:

For the partial City funded abatement, the special assessment, when paid, will provide cost
recovery for the general fund money used.

The abatement of hazardous and nuisance properties and assessments helps to enforce
compliance with Clearlake’s Municipal Code, thereby helping to achieve the following Strategic
Plan goals: Make Clearlake a Visibly Cleaner City and Make Clearlake a Statistically Safer City.
 RESOLUTION NO. 2019-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE APPROVING AND

CONFIRMING THE REPORT OF DLEINQUENT ABATEMENT COSTS AS SPECIAL
ASSSESSMENTS AND REQUESTING THE COUNTY OF LAKE TO COLLECT SUCH CHARGES
ON THE TAX ROLL

WHEREAS, the City of Clearlake has adopted Chapter 10 of the Clearlake Municipal Code
establishing procedures for the abatement and recovery of costs of real property located within
the City of Clearlake; and

WHEREAS, California Government Code §38773.5 grants cities the authority to make costs
related to abatement of nuisances a special assessment against the property; and

WHEREAS, Section 10-5.2 of the Clearlake Municipal Code authorizes the recordation of
abatement costs as a lien and special assessment and provides for procedures to do so, which
have been complied with; and

WHEREAS, the listed properties are delinquent in the payment of abatement costs and the
landowners were given notice of the amounts due and of this hearing; and

WHEREAS, the City Council has considered the Report of Costs (Exhibit A) and duly considered
all protests related thereto, if any.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clearlake:

Section 1. Confirming the Report. The City Council directs the Code Enforcement Bureau to
make any amendments to the Report as necessary, removing parcels from the Report for which
payment has been made by October 28, 2019. The City Council hereby approves, confirms and
adopts the Report, amended as authorized and attached herein as Exhibit A and determines
that each such charge is proper and correct. The costs as set forth are herby declared special
assessments upon the described real property pursuant to Chapter 10 of the Clearlake
Municipal Code and §38773.5 of the Government Code.

Section 2. Authorization. The City Clerk of the City of Clearlake is hereby directed to deliver to
the County Assessor-Recorder, County Auditor-Controller and County Tax Collector-Treasurer
confirmed assessments for recordation and to be entered on the county tax roll as special
assessments.

Section 3. CalRecycle. For properties abated with CalRecycle funds, CalRecycle shall be named
as a third-party beneficiary of any and all recoveries under the assessments and or liens, up to
the full amount of said costs as specified in the accounting, which shall have priority over any
City costs in said accounting. CalRecycle shall be named in the lien document, along with the
City, as party to receive notice of any and all payoff demands and / or other notices relating to
the liens.

Section 4. General Authorization. The members of the City Council, the City Clerk, and the other
officers of the City are hereby authorized and directed, individually and collectively, to do any
and all things and to execute, deliver, and perform any and all agreements and documents that
they deem necessary or advisable in order to effectuate the purposes of this Resolution. All
actions heretofore taken by the officers and agents of the City that are in conformity with the
purposes and intent of this Resolution are hereby ratified, confirmed, and approved in all
respects.

PASSED AND ADOPTED by the City Council of the City of Clearlake, County of Lake, State of
California, on this 24th day of October 2019, by the following vote:

AYES:
NOES:
ABSTAIN:
ABSENT:

ATTEST:

________________________ ____________________________
Melissa Swanson - City Clerk Mayor
 EXHIBIT A
STATEMENT OF EXPENSES

1. Location: 16216 34th Avenue Clearlake, CA 95422 A.P.N.# 041-212-470

Owner: Ernest, Lannie I & Marry I
Action(s): CalRecycle grant funded abatement of real property
Abatement Assessment: $13,000.00

2. Location: 14170 Konocti Street Clearlake, CA 95422 A.P.N.# 039-065-230

Owner: Gilliam, Bret
Action(s): CalRecycle grant funded abatement of real property
Abatement Assessment: $8,500.00

3. Location: 16052 19th Avenue Clearlake, CA 95422 A.P.N.# 042-202-360

Owner: Koll, Shelley
Action(s): CalRecycle grant funded abatement of real property
Abatement Assessment: $12,000.00

4. Location: 3191 6th Street Clearlake, CA 95422 A.P.N.# 038-181-650

Owner: Estate of Wayne Normile
Action(s): CalRecycle grant funded and City funded abatement of real property
Abatement Assessment: $11,500.00
CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: October 24, 2019

Agenda Item No. 6

Subject: Consideration of Award of Bid for Austin Park Date: October 17, 2019
Improvements in the Amount of $2,036,802.50 to
R&R Pacific Construction
Reviewed & Approved:

From: David Swartz

Consulting City Engineer

Recommended Action: Award Construction Contract in an Amount of $2,036,802.50 to R&R

Pacific Construction and authorize the City Manager to approve
change orders up to 10% of the contract amount.

ISSUE STATEMENT AND DISCUSSION:

The City received three bids for the construction of Austin Park. The Bids were separated into a
Base Bid and Bid Additive Alternate. The purpose of separating the bids was to provide some
additional flexibility to the City in the contract award and approval of the project. The bids
received were as follows:

Engineers Estimate Base Bid Est. = $1,609,900; Bid Additive Alt. = $231,100

1.) R&R Pacific Construction Base Bid Est. = $2,716,072.50; Bid Additive Alt. =$333,485.00

2.) Team Ghilotti, Inc. Base Bid Est. = $3,815,305.85; Bid Additive Alt. = $516,599.00

3.) CWS Construction Group, Inc. Base Bid Est. = $3,395,140.15; Bid Additive Alt. = $459,157.00

The construction area covered by the Base Bid area is the park area lying East of Lakeshore Blvd.
and West of Uhl Avenue. This area represents approximately 10 acres. The Bid Additive Alternate
is the area lying west of Lakeshore Blvd.

Elements of construction include, but are not limited to:

• Outdoor concert stage;
• Six individual shade structures spread throughout the park;
 • New lawn and expansion of the lawn area;
• New irrigation system;
• A children’s play area;
• A fenced dog park;
• New lighting throughout the park;
• New parking lots on both the north and south side which include parking lot lighting;
• Drinking fountains;
• New park benches and picnic tables;
• Enhanced walking paths and ADA accessibility; and
• Rehabilitation of the basketball and tennis courts.

The City was able to negotiate a small number of times to reduce the total contract amount with
R&R Construction from $2.7 million to $2,036,802.50. The City will be actively participating with
construction of this project by contributing approximately $306,000 towards the purchase of
materials and public works staff will provide some installation support of some elements as
installing park lighting, planting new trees, erecting shade structures, etc. At this time there have
not been enough funds identified to include the bid additive alternate portion of the project
which includes improvements on the west side of Lakeshore Drive. The City will pursue funding
for this portion of the project at a later time.

The City has currently available funding of $2.365 million for the project in addition to the
$100,000 contribution of Adventist Health Clear Lake. Other contributors have also been
identified that will be supporting the completion of this invaluable community asset and will be
revealed in the near future.

If Council approves the bid award, construction is set to begin by the end of the month and is
scheduled to be completed by May 15th, 2020.
CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: October 24, 2019

Agenda Item No. 7

Subject: Mayor’s Appointment- Clean Water Program- Date: October 17, 2019
Management Council Member

Reviewed & Approved:

From: David Swartz

Consulting City Engineer

Recommended Action: By motion confirm the Mayor’s Appointment

ISSUE STATEMENT AND DISCUSSION:

As is customary for the City of Clearlake, the Mayor makes appointments to the various county
and state committees, boards, and commissions to represent the City.

The Lake County Clean Water Program is administered by a consortium of agencies, otherwise
known as co-permittees, responsible for operation of the Small (Phase II) Municipal Separate
Storm Sewer System (MS4) drainage into Clear Lake and local water bodies. The Program
complies with the provisions of the Phase II Small MS4 General Permit (Water Quality Order No.
2013-0001-DWQ) approved by the State Water Resources Control Board (SWRCB) on February
5, 2013. The Program Co-permittees are the County of Lake, City of Clearlake, and City of
Lakeport. The co-permittees began implementation of permit compliance actions in 2003,
including development of a Stormwater Management Plan (SWMP) which describes how
pollutants in local storm water runoff will be controlled to the maximum extent practicable (MEP)
through the implementation of best management practices (BMPs).

The overarching goal of the Program is to prevent pollutants from entering the receiving water
bodies within the MS4 legal jurisdictions through the effective implementation of BMPs to the
maximum extent practicable.

All members signed an interagency agreement, which the Council approved on April 25, 2019,
and by signature of the agreement become the Lake County Watershed Protection District
Management Council. The Clean Water Program’s Council is the official decision-making body
for the Program by making recommendations for overall Program management and
coordination, strategic planning, review, budget considerations, and conflict resolution with
respect to the NPDES Permit. Each member appoints a representative to the Program
Management Council.

The Program members are responsible for attending quarterly meetings - January, April, July and
October, starting in 2020, to address inter-agency issues, agreements or other cooperative
efforts.

It is appropriate for Mayor Cremer to appoint one Councilmember to the Lake County Watershed
Protection District Management Council for the 2020 calendar year, with affirmation by motion
and vote of the Council.