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 JANUARY 9, 2020 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

Page 1 of 4
 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. 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 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. 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. Memo on Joint Power Authorities (JPA) For Information Only- no action necessary
Pension Obligations
4. Second Reading and Adoption of Ordinance Hold second reading, read by title only,
No. 235-2020 to Amend Subsection 9-1.16 to waive further reading and adopt
Chapter 9, Section 9-1 of the Clearlake ordinance
Municipal Code Relating to Electric and
Electronic Access Gates
5. Consideration of Disposal of Surplus Vehicles, Adopt resolution
Resolution No. 2020-05
6. Minutes of the November and December Receive and file
Meetings
7. Minutes of the December 11, 2019 Lake Receive and file
County Vector Control District Board Meeting
8. Approve the Submittal of the ROPS FY 20-21 Adopt Resolution SA-2020-01 Authorizing
for both periods A (July to December) and B Submission of ROPS FY 20-21 for July 1,
(January to June) to the Oversight Board 2020 to June 30, 2021 to the Oversight
Board

Page 2 of 4
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.

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:
9. First Reading of Ordinance 236-2020 to Clarify and Correct Ordinance No. 222-2019 Related to the
Issuance, Handling, Appeals and Penalties of Administrative Citations
Recommended Action: Hold First Reading of Ordinance No. 236-2020:, AN ORDINANCE
CLARIFYING AND CORRECTING ORDINANCE NO. 222-2019 AN ORDINANCE AMENDING CHAPTERS
1, 10 AND 18 OF THE CLEARLAKE MUNICIPAL CODE RELATED TO THE ISSUANCE, HANDLING,
APPEALS AND PENALTIES OF ADMINISTRATIVE CITATIONS; AMENDING THE GENERAL PENALTY
FOR VIOLATIONS; ADJUSTING PENALTIES FOR CANNABIS RELATED VIOLATIONS AND PROVIDING
FOR IMMEDIATE IMPOSITION OF FINES IN SPECIFIED CIRCUMSTANCES, read by title only and set
second reading for the February 6, 2020 meeting

10. Receive Update on the Hope Center Project and Provide Direction on City Funding Support
Recommended Action: Provide direction to staff

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

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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: January 17, 2020

BY:
_____________________________
Melissa Swanson, Administrative Services Director/City Clerk

Page 4 of 4
Item 2
CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: January 23, 2020

Agenda Item No. 3

Subject: Memo on Joint Power Authorities (JPA) Pension Date: January 17, 2020
Obligations

Reviewed & Approved:

From: Melissa Swanson, City Clerk

Recommended Action: For Information Only- no action necessary

ISSUE STATEMENT AND DISCUSSION:

Effective September 2018, a new law (AB 1912) established rules for Joint Power Authorities
(JPA) to meet pension obligations for employees and retirees should the JPA terminate its
retirement plan or dissolve. Prior to this law, JPAs could dissolve without members assuming
the retirement liabilities of its employees and retirees, putting their pensions in serious
question. This new law requires that member agencies of a JPA, prior to filing a notice of
termination of CalPERS participation, must mutually agree with the public retirement system on
how to apportion the retirement liability of the JPA so that the apportionment equals 100% of
this liability. If the member agencies are unable to mutually agree to the apportionment
formula, CalPERS’s Board would apportion the retirement liability and would establish
procedures allowing a member agency to challenge the Board’s determination through the
arbitration process.

As your Council is aware, the City is a member of Public Agency Risk Sharing Authority of
California (PARSAC), a JPA made of cities and special districts who pool for self-insurance for
general liability and worker’s compensation, etc. PARSAC is a CalPERS agency and employees
receive retirement benefits through this plan. In May 2019, the PARSAC Board approved a plan
for liquidating its assets to meet any retirement liabilities should PARSAC dissolve. Agencies
who are members at the time of the liquidation would receive a credit toward those liabilities
based on their pro rata share of historical general liability and worker’s comp contributions.

In December, the PARSAC Board approved the attached “Agreement for Apportionment of
Retirement Obligations.” Your Council has granted your Board Director, Administrative Services
Director/City Clerk Swanson to execute all matters relating to PARSAC and your Council’s

1
approval is not required. However, staff is informing your Council of this development and new
law for your information.

PARSAC is not intending to dissolve or terminate its retirement plan with CalPERS. This item
has come forward due to the adoption of AB 1912.

FINANCIAL AND/OR POLICY IMPLICATIONS:

There is potential for the City to be responsible for costs related to pension obligations should
PARSAC dissolve in the future. However, at this time, there is no plan to dissolve or terminate.

2
 PARSAC
AGREEMENT FOR APPORTIONMENT OF
RETIREMENT OBLIGATIONS

Public Agency Risk Sharing

Authority of California

1
 PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA [PARSAC]

AGREEMENT FOR APPORTIONMENT OF RETIREMENT OBLIGATIONS

THIS AGREEMENT is made in the State of California by and among those municipalities

organized and existing under the laws of the State of California, hereinafter referred to as "Member

Entity[ies]," which are parties’ signatory to the Joint Powers Authority Agreement (as revised

effective May 25, 2017, hereafter “JPA Agreement. All such Member Entities are listed in

Appendix "A," which is attached hereto and made a part hereof.

RECITALS

Whereas PARSAC is an entity formed under California Government Code § 6500 which

permits two or more public agencies by agreement to jointly exercise any power common to the

contracting parties.

Whereas California Government Code § 6508.2 requires that the member agencies of a joint

powers agency (“AGENCY”) mutually agree to a 100% apportionment of the AGENCY’s

retirement liability prior to either a dissolution of the AGENCY or the termination of the

AGENCY’s participation in a public retirement system.

Now, therefore, in consideration of the above facts and the mutual benefits, promises and

agreements set forth below, the Member Entities hereby agree as follow:

AGREEMENT

ARTICLE I

DEFINITIONS

The following terms shall have the following definitions:

A. “Agreement” shall mean this Revised and Restated Joint Powers Agreement creating the

Public Agency Risk Sharing Authority of California [PARSAC].

2
B. “Board” or “Board of Directors” shall mean the governing body of PARSAC.

C. “PARSAC” shall mean the Public Agency Risk Sharing Authority of California created

by this Agreement.

D. “Deposit Premium” shall mean the estimated amount determined for each Member Entity

necessary to fund each layer of coverage for each Policy Year of each Program of PARSAC.

E. “Member Entity” shall mean any California public entity which is a party signatory to this

Agreement including any other agency for which the City Council sits as the Governing board.

F. “Program Year” shall mean a period of time, usually 12 months, for which each Program

is to determine Deposit Premiums, Retrospective Premiums, and Retrospective Premium

Adjustments.

G. “Program” shall mean arrangements to cover specific types of claims which may include,

but not be limited to, property, workers' compensation, and comprehensive liability claims.

H. “Public Entity” shall mean a county, city, whether general law or chartered, city and county,

town, district, political subdivision, joint powers authority, or any board, commission, or agency

thereof providing a municipal service, excluding school districts.

I. “Public Retirement System” shall mean CalPERS or any other Public Entity retirement

program established or operated by a California Public Entity available to public employees as to

which current or former employees of PARSAC participated.

J. “Retirement Liability” shall mean the liability that PARSAC possesses to all former or

current employees of PARSAC for retirement benefits owed to them pursuant to a contract between

PARSAC and a Public Retirement System and arising by reason of those employees participation in

the Public Retirement System.

3
K. “Retrospective Premium” shall mean, the amount determined retrospectively as each

Member Entity's share of losses, reserves, expenses and interest income as may be determined

periodically for any Program.

L. “Retrospective Premium Adjustment” shall mean the amount necessary to periodically

adjust the Deposit Premium, or prior Retrospective Premiums if any, to the newly calculated

Retrospective Premium amount.

ARTICLE II

PARTIES TO THE AGREEMENT

Each Member Entity is a party to this Agreement and agrees that it intends to, and does

contract with, all other parties who are signatories of this Agreement and with such other parties

as may later be added. Each Member Entity also agrees that the expulsion or withdrawal of any

Member Entity from this Agreement shall not affect this Agreement nor the remaining parties as

to the other Member Entities then remaining.

ARTICLE III

PURPOSE

This Agreement is entered into by the Member Entities in order to:

A. Provide for an apportionment among current and former PARSAC Member Entities

of 100% of PARSAC’s Retirement Liability consistent with the requirements of Government Code

§§ 6508.1 and 6508.2 as enacted and amended effective January 1, 2019. The current Member

Entities of PARSAC are set forth in Appendix A. The former Member Entities of PARSAC as of

the date of this Agreement are set forth in Appendix B.

4
 ARTICLE IV

METHOD OF APPORTIONMENT OF RETIREMENT LIABILITY

A. In the event of a decision by the governing Board of PARSAC to dissolve and cease

all operations, or in the event of a decision by the governing Board of PARSAC to terminate

PARSAC’s contract with a Public Retirement System, the Member Entities agree that 100% of

PARSAC’s Retirement Liability shall be funded by all current and former PARSAC Member

Entities based on a pro rata share of the former and current Member Entities’ historical Deposit

Premium in the Workers’ Compensation and Liability self-funded Programs. The apportionment

of the Retirement Liability shall be calculated as set forth above, and the unfunded Retirement

Liability then existing shall be paid as follows: The unfunded Retirement Liability then existing

shall be paid prior to any distribution of assets as provided in ARTICLE XXV of the JPA

Agreement and prior to the payment of any equity that may be determined as the result of the

Retrospective Premium Adjustment process as set forth in ARTICLE XX. (For example, should a

Member Entity have remaining equity in either the Workers’ Compensation or Liability program,

at the time of PARSAC’s dissolution or PARSAC’s termination of PARSAC’s contract with a

public retirement system, the Member Entity’s equity shall first be applied to reduce that Member

Entity’s share of the apportionment of the Unfunded Retirement Liability.)

B. In the event that PARSAC disposes of the real property identified as 1525 Response

Road, Sacramento, CA, 95815 (the “Property”), any unfunded Retirement Liability of PARSAC

shall first be reduced by applying the proceeds from the sale of the Property as provided in

Resolution 2019-03, attached hereto as Exhibit A, prior to the determination of the amounts owed

by the former or current Member Entities under the apportionment provided herein.

5
 C. The apportionment of the Retirement Liability of PARSAC among the former and

current Member Entities of PARSAC and the obligation of the former and current Member Entities

to pay such apportionment of the PARSAC Retirement Liability as provided herein shall be a

separate and independent obligation from the obligation of the Member Entities arising upon

termination, expulsion or withdrawal of a Member Entity or upon termination of the Joint Powers

Agreement (as revised effective May 25, 2017) including but not limited to ARTICLES XX, XXII,

XXIII, XXIV and XXV of that Agreement.

ARTICLE V

TERM OF AGREEMENT
This Agreement shall become effective as of the date hereof and shall continue in full

force and effect for the purpose of paying 100% of the Retirement Liability of PARSAC pursuant

to the apportionment among former and current Member Entities as provided for herein.

ARTICLE VI

SEVERABILITY

Should any portion, term, condition or provision of this Agreement be decided by a court

of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be

otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms,

conditions and provisions shall not be affected thereby.

ARTICLE VII

AGREEMENT COMPLETE

The foregoing constitutes the full and complete agreement of the parties. There are no oral

understandings or agreements not set forth in writing herein, except as noted with respect to the

Bylaws and Memoranda of Coverage. If any provision of this Agreement conflicts with a provision

6
of the Bylaws, Memoranda of Coverage or other document, such conflicting provisions shall be

interpreted to avoid any such conflict, but this Agreement shall govern.

ARTICLE VIII

AMENDMENTS

This Agreement may be amended by a two-thirds vote of the Board present and voting at

any duly convened regular or special meeting; provided that, any such amendment has been

submitted to the directors and the Member Entities at least thirty [30] days in advance of such

meeting. Member Entities may, by resolution or ordinance, grant their director and alternate on the

Board explicit authorization to approve and execute amendments to this Agreement on behalf of

the Member Entity without the necessity of a resolution or ordinance of the legislative body of the

Member Entity confirming or ratifying such amendment. Any such amendment shall become

effective immediately, unless otherwise stated therein.

ARTICLE IX

EXECUTION OF COUNTERPARTS

This Agreement may be executed in any number of counterparts, each of which when so

executed shall be deemed to be an original, but altogether shall constitute one and the same

Agreement.

7
 Public Agency Risk Sharing Authority of California [“PARSAC’]

Date: By: ________________________________

Name/Title

Attest: ______________________________

Deputy Secretary, PARSAC

Member Entity: _______________________

Date: By: ________________________________

Name/Title

Attest: ______________________________

City/Town Clerk

8
 APPENDIX “A”

PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA

[PARSAC]

MEMBER ENTITIES

City of Amador City

City of Avalon
City of Belvedere
City of Blue Lake
City of California City
City of Calimesa
City of Calistoga
City of Citrus Heights
City of Clearlake
City of Coalinga
City of Ferndale
City of Grass Valley
City of Highland
City of Menifee
City of Nevada City
City of Pacific Grove
City of Placentia
City of Placerville
City of Plymouth
City of Point Arena
City of Rancho Cucamonga
Rancho Cucamonga Fire Protection District
City of Rancho Santa Margarita
City of San Juan Bautista
City of South Lake Tahoe
City of Tehama
City of Trinidad
Town of Truckee
City of Twentynine Palms
City of Watsonville
City of Wheatland
City of Wildomar
Town of Yountville
City of Yucaipa
Town of Yucca Valley

9
 APPENDIX “B”

PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA

[PARSAC]

FORMER MEMBER ENTITIES

City of Alturas
City of Canyon Lake
City of Carlsbad
City of Elk Grove
City of Hesperia
City of Rialto
City of Ridgecrest
City of Rio Dell
City of West Hollywood

10
CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: January 23, 2020

Agenda Item No. 4

Subject: Second Reading and Adoption of Ordinance No. Date: January 16, 2020
235-2020 to Amend Subsection 9-1.16 to
Chapter 9, Section 9-1 of the Clearlake Municipal
Code Relating to Electric and Electronic Access Reviewed & Approved:
Gates
From: Melissa Swanson, City Clerk
Recommended Action: Hold second reading, read by title only, waive further reading and
adopt ordinance

ISSUE STATEMENT AND DISCUSSION:

On January 9th, Council held the first reading of Ordinance No. 235-2020. 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 9th:

Electronically operated vehicle gates and barriers are used to provide security to multi-unit
residential buildings and areas and commercial buildings and areas. However, gates and barriers
can hinder and delay first responders when responding to calls for service. A delay in response
to threats to public health, safety and welfare can result in injury or death to persons and damage
or destruction of real and personal property.

Certain systems exist to allow prompt access to the areas closed with gates by using radio
equipment already in use by emergency vehicles and personnel. This prevents maintaining an
inventory of different remotes, access codes and keys to open electronic access gates. The
systems are capable of being accessed by surrounding public safety agencies who may respond
to calls in the city limits in the case of mutual aid type calls. In such circumstances, without the
systems required by this proposed ordinance, public safety resources would have to wait for
someone with access to the gate to come and open it, creating a delay in response.

The City Council adopted an ordinance in February 2019 requiring gates to multi-unit residential
buildings and areas to be constructed and maintained in accordance with plans approved by the
City that incorporate the electronic systems allowing rapid access by first responders. Following
a suggestion during public comment, the City Council requested staff return with an ordinance
to extend the ordinance to cover commercial properties. The proposed ordinance incorporates

1
commercial properties and provides one year for existing gates to come into compliance. The
cost to retrofit an existing gate is approximately $1500.

FINANCIAL AND/OR POLICY IMPLICATIONS:

There is no financial cost to the city for this item.

The proposed action would support achieving the Council adopted goal: Update Policies &
Procedures to Current Government Standards, Objective #3: Update Ordinances.

2
 ORDINANCE NO. 235-2020

AN ORDINANCE AMENDING SUBSECTION 9-1.16 TO CHAPTER 9 OF THE CLEARLAKE

MUNICIPAL CODE RELATING TO ELECTRIC AND ELECTRONIC ACCESS GATES

WHEREAS, electronically operated gates and barriers are used to provide security to residential
and commercial areas by restricting the passage of vehicles on private access roads; and

WHEREAS, emergency vehicles and personnel have difficulty promptly entering residential and
commercial areas where electronic gates or barriers are installed; and

WHEREAS, a delay in response to threats to public health, safety and welfare can result in injury
or death to persons and damage or destruction of real and personal property; and

WHEREAS, certain systems exist to allow prompt access to areas closed with gates by using radio
equipment already in use by emergency vehicles and personnel;

The City Council of the City of Clearlake, State of California does hereby ordain as follows:

SECTION 1. FINDINGS.

The above recitals are declared to be true and correct findings of the City Council of the City of
Clearlake; and

SECTION 2.

Chapter 1, Section 9-1, Subsection 9-1.16 of the Clearlake Municipal Code is hereby amended to
read as follows:

“9-9.16 Electric Access Gates.

When vehicular access to a multi-unit residential structure, multi-unit residential area,

commercial structure or commercial area is impeded by an electronically or electrically secured
gate, such electronically or electrically secured gate shall be constructed and maintained in
accordance with plans approved by the city.

No plans shall be approved unless the plans allow emergency vehicles and emergency personnel
to open such electronically secured gate by city approved radio equipment used by emergency
vehicles or personnel.
On or before January 1, 2020, all existing electronically or electrically secured gates that impede
access to a multi-unit residential structure or multi-unit residential area shall either be (a)
removed, or (b) retrofitted and maintained in accordance with plans approved by the city to
comply with paragraph b.

On or before January 1, 2021, all existing electronically or electrically secured gates that impede
access to a commercial structure or commercial area shall either be (a) removed, or (b) retrofitted
and maintained in accordance with plans approved by the city to comply with paragraph b.
”

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 AND ADOPTED on January 23, 2020 by the following vote:

AYES:
NOES:
ABSTAIN:
ABSENT:

_________________________
Mayor, City of Clearlake

ATTEST:

_______________________________
City Clerk, City of Clearlake
CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT

MEETING OF: January 23, 2020

Agenda Item No. 5

Subject: Consideration of Disposal of Surplus Vehicles, Date: January 23, 2020

Resolution No. 2020-05

Reviewed & Approved:

From: Public Works Director Dale Goodman

Recommended Action: Adopt resolution

ISSUE STATEMENT AND DISCUSSION:

The Public Works Department has eight (8) pieces of worn out and broken-down vehicles and
equipment that are no longer used. The vehicles and equipment have numerous mechanical
failures and/or safety issues and are not feasible to repair.

The Clearlake Municipal Code authorizes the City Council to declare obsolete equipment as
surplus and further direct the disposal of said property. Given the issues with these vehicles,
including safety issues, it is impractical and not recommended to try and sell the vehicles to the
public.

Staff recommends the City Council adopt the proposed resolution and authorize the Public
Works Director to take necessary steps to dispose of the vehicles.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None
 RESOLUTION NO. 2020-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE

AUTHORIZING THE DISPOSAL OF SURPLUS PUBLIC WORKS VEHICLES

WHEREAS, the PW Department owns multiple vehicles and equipment, identified in “Exhibit A”,
that are no longer used due to mechanical issues and component failures that make the
vehicles inoperable, unsafe to operate or economically infeasible to repair; and

WHEREAS, Clearlake Municipal Code Section 3-4.10 permits the disposal of obsolete or worn
out equipment and to dispose of said equipment.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Clearlake hereby
declares the vehicles listed in “Exhibit A” as surplus and authorizes the Director of Public Works
to take necessary steps to dispose of the vehicles.

PASSED AND ADOPTED by the City Council of the City of Clearlake, County of Lake, State of
California, on this 23rd day of January 2020, by the following vote:

AYES:
NOES:
ABSTAIN:
ABSENT:

ATTEST:______________________________ ________________________________
City Clerk Mayor
 EXHIBIT A

Equipment VIN/Model Plate YR Miles

Ford Ranger 1FTYR11U4WPA65949 1006693 1998 167000
GMC trash Truck TOE617V587431 842569 1977 50697
Ford Boom Truck 2FDLF4711HJCB2026 1076546 1987 38241
Chevy Utility Truck 1GBHR34K3J145913 1288084 1988 8388
Twin Steel Roller D4NAPAC 5VEDALA 60114702 1151 HRS
Air Compressor MODEL # F2L912 272 HRS
4x4 Case Backhoe JABCO15299
John Deer Mower Model # 3T800 3070 HRS
Item 7
CITY OF CLEARLAKE and CLEARLAKE SUCCESSOR AGENCY

CITY COUNCIL AND SUCCESSOR AGENCY STAFF REPORT

MEETING OF: January 23, 2020
Agenda Item No. 8

Subject: Approve the Submittal of the ROPS FY 20-21 for Date: January 6, 2020
both periods A (July to December) and B (January
to June) to the Oversight Board
Reviewed & Approved:

From: Jill Martin, Interim Finance Director

Recommended Action: Adopt Resolution SA-2020-01 Authorizing Submission of ROPS FY
20-21 for July 1, 2020 to June 30, 2021 to the Oversight Board

ISSUE STATEMENT AND DISCUSSION: Submission of six-month Recognized Obligation Payment

Schedules (ROPS) for approval to the State Department of Finance (DOF) is required under AB
1484 as part of the dissolution of redevelopment agencies and State control over the release of
former property tax increment funds by the County to the Successor Agency. These schedules
require projections of approved enforceable obligations funded by the County Redevelopment
Property Tax Trust Fund (RPTTF) and other funding sources. The ROPS also provide authorization
for the Successor Agency to spend available bond proceeds for redevelopment purposes, dispose
of property and repayment of loans made by the City to the former redevelopment agency.

A single annual ROPS for both the A and B periods in FY 20-21 is due to be submitted by February
1, 2020 for the July to December 2020 and January to June 30, 2021 periods. The ROPS are used
to authorize expenditures and allocate Redevelopment Property Tax Trust Fund (RPTTF)
payments to the Successor Agencies in each six-month period of the fiscal year.

Redevelopment Property Tax Trust Fund

The Lake County Auditor-Controller is responsible for the administration of the RPTTF pursuant
to State law.

The RPTTF revenues are generated from former Redevelopment Agency tax increment allocation
formula and based on changes in the annual assessed valuations. With the current revenue the
Agency has some flexibility in meeting its obligations, but any decline in revenue of the City’s
property tax allocation will reduce the funds available for allocation to the Successor Agency. This
would create challenges for the Successor Agency in meeting the financial obligations of debt
service, disposal of properties and increase the administrative burden to the City for the
dissolution process. Preliminary projections for the fiscal year 20-2021 tax roll are for a small
increase in revenue.

Below is a summary of the RPTTF related to ROPS 20-21 separated by the A and B periods due to
the continued method of calculating and distributing the RPTTF. This information is from various
reports issued by the Lake County Auditor Controller and projections from ROPS.

Attached are the ROPS 20-21 schedules. The Oversight Board is scheduled to meet to consider
the ROPS from Clearlake, Lakeport, and the County on January 29, 2020

FINANCIAL AND/OR POLICY IMPLICATIONS: The implementation of the ROPS is part of the
Successor Agency annual budget.

ATTACHMENTS
1. Resolution SA-2020-01 Approving ROPS 20-21
2. Exhibit A - ROPS 20-21 Schedules
 CLEARLAKE SUCCESSOR AGENCY

RESOLUTION NO. SA- 2020-01

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE CITY OF CLEARLAKE REDEVELOPMENT

AGENCY APPROVING RECOGNIZED OBLIGATION PAYMENT SCHEDULE 19-20 FOR THE PERIOD
OF JULY 1, 2020 TO JUNE 30, 2021

WHEREAS, on January 12, 2012, the Clearlake City Council adopted Resolution No. 2012-
02 electing to become the Successor Agency to the Clearlake Redevelopment Agency
(“Successor Agency”) pursuant to AB 1X 26 (The Redevelopment Agency Dissolution Act), and
pursuant to Health and Safety Code section 34173(g), the Successor Agency is now a separate
legal entity from the City; and

WHEREAS, pursuant to Health and Safety Code Section 34177 (o)(1), beginning July 1,
2020, the Recognized Obligation Payment Schedule shall be for both six-month periods
covering the period of July 1, 2020 to June 30, 2021; and

WHEREAS, a Recognized Obligation Payment Schedule (ROPS) is defined in Health and

Safety Code Section 34171(h) as the minimum payment amounts and the due dates of
payments required by enforceable obligations for a six-month period and identifies the
payment source from the Redevelopment Property Tax Trust Fund (RPTTF) and payable from
other sources of the Successor Agency; and

WHEREAS, the Successor Agency must prepare and approve a draft ROPS, including the
estimated amounts for administrative costs, for the two six-month fiscal periods comprising the
fiscal year and proposed sources of payment for those costs, and submit it for approval by the
Oversight Board established to review Successor Agency actions; and

WHEREAS, pursuant to Health and Safety Code section 34181 (a), the Oversight Board is
required to approve the Recognized Obligation Payment Schedule (ROPS), subject to the
subsequent approval of a final ROPS by the State Department of Finance; and

WHEREAS, in accordance with AB 1484, the Recognized Obligation Payment Schedule

(ROPS 20-21) covering the period July 1, 2020 through June 30, 2021, once it is approved by the
Oversight Board, must be submitted to the Lake County Auditor Controller, the State Controller,
and the State Department of Finance by February 1, 2020; and

NOW, THEREFORE, BE IT RESOLVED by the Clearlake Successor Agency to the Clearlake

Redevelopment Agency, as follows:

1. The Successor Agency hereby approves the ROPS 20-21 for the period July 1, 2020
through June 30, 2021.

2. The Successor Agency directs the staff to submit the ROPS 20-21 to the Oversight Board
for review and approval.
 3. The staff shall also submit the approved and signed ROPS 20-21 to the State Department
of Finance, County of Lake Auditor-Controller and State Controller’s Office and is further
authorized to take all such actions as are necessary to secure final approval of the ROPS
20-21.

ADOPTED THIS 23rd day of January, 2020 by the Successor Agency by the following
vote:

Ayes:
Noes:
Absent:
Abstain:
__________________________________

Chair of Successor Agency

ATTEST:

_______________________________________
Melissa Swanson
City Clerk/Clerk of the Successor Agency
CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: January 23, 2020

Agenda Item No. 9

Subject: First Reading of Ordinance 236-2020 to Clarify Date: January 17, 2020
and Correct Ordinance No. 222-2019 Related to
the Issuance, Handling, Appeals and Penalties of
Administrative Citations Reviewed & Approved:

From: Melissa Swanson, City Clerk

Recommended Action: Hold First Reading of Ordinance No. 236-2020:, an Ordinance
Clarifying and Correcting Ordinance No. 222-2019 an Ordinance
amending chapters 1, 10 and 18 of the Clearlake Municipal
Code related to the issuance, handling, appeals and penalties
of administrative citations; amending the general penalty for
violations; adjusting penalties for cannabis related violations
and providing for immediate imposition of fines in specified
circumstances, read by title only and set second reading for the
February 6, 2020 meeting

ISSUE STATEMENT AND DISCUSSION:

On February 28th, 2019, your Council adopted an ordinance governing administrative penalties
for general violations and cannabis-related violations. While codifying the ordinance, a minor
typo was discovered in Section 1-9.7(e)(1)(b), which contained a reference to a subsection
which does not exist. To correct this typo, it is necessary to adopt a new ordinance stating the
correct subsection “1-9.6.”

FINANCIAL AND/OR POLICY IMPLICATIONS:

The changes proposed make no changes in the text or intent of the ordinance. It is simply to
correct the error for codification of the Municipal Code.

1
 ORDINANCE NO. 236-2019

AN ORDINANCE CLARIFYING AND CORRECTING ORDINANCE NO. 222-2019 AN

ORDINANCE AMENDING CHAPTERS 1, 10 AND 18 OF THE CLEARLAKE MUNICIPAL
CODE RELATED TO THE ISSUANCE, HANDLING, APPEALS AND PENALTIES OF
ADMINISTRATIVE CITATIONS; AMENDING THE GENERAL PENALTY FOR VIOLATIONS;
ADJUSTING PENALTIES FOR CANNABIS RELATED VIOLATIONS AND PROVIDING FOR
IMMEDIATE IMPOSITION OF FINES IN SPECIFIED CIRCUMSTANCES

The City Council of the City of Clearlake, State of California does hereby ordain as follows:

SECTION 1. DECLARATION OF INTENT

The purpose of this Ordinance is to correct an inadvertent error in numbering a reference

to administrative fines and how they are determined in Ordinance No. 222-2019.

SECTION 2. Ordinance No. 222-2019 is hereby amended to correct all references to

“Subsection 11-2.04” to read “Subsection 1-9.6”. All other provisions of Ordinance No. 222-
2019 which are unchanged by this Ordinance shall remain in full force and effect as
originally adopted on February 28th, 2019.

SECTION 3: CONFLICTS:

All ordinances or parts of ordinances or resolutions in conflict herewith are hereby

repealed to the extent of such conflicts and no further.

SECTION 4: EFFECTIVE DATE:

The effective date of this Ordinance is thirty (30) days after its adoption by the City Council.

PASSED AND ADOPTED this ____ day of ___________, 2020 by the following vote:

AYES:
NOES:
ABSENT:
ABSTAIN:

________________________
Mayor, City of Clearlake
ATTEST:

__________________________________
City Clerk, City of Clearlake
CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT

MEETING OF: January 23, 2020
Agenda Item No. 10

Subject: Receive Update on the Hope Center Project and Date: January 17, 2020
Provide Direction on City Funding Support

Reviewed & Approved:

From: Alan D. Flora, City Manager

Recommended Action: Provide Direction to Staff

ISSUE STATEMENT AND DISCUSSION:

In October of 2018 the Clearlake Planning Commission approved a use permit for the conversion
of an existing office building at 3400 Emerson Street in Clearlake to a medical support and
residential care facility. The facility would provide medical respite care, intensive case
management and support services to persons recovering from a physical illness or injury
independently, but who are not ill enough to require hospitalization. This conversion would
include dormitories for those receiving care.

Since that time the team involved has been finalizing building plans and working to identify
adequate funding to initiate the project. While some funding is available, there is still a significant
shortfall. The City has issued the demolition permit and building permits necessary to start the
project. Additionally, the Hope Rising team has made a request to the City to provide some
funding in support of the project.

The Council should receive an update on the project as well as other funding available and
provide direction to staff on what City funding is to be made available in support of the Hope
Center.

RECOMMENDED ACTION:
Provide Direction to Staff