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CITY COUNCIL REGULAR MEETING

Clearlake City Hall Council Chambers


14050 Olympic Dr, Clearlake, CA
Thursday, March 18, 2021
Closed Session 5:30 PM
Regular Meeting 6:00 PM
On March 12, 2020, Governor Newsom issued Executive Order N-25-20, which allows Council
Members to attend City Council meetings telephonically. Please be advised that some, or all, of the
Clearlake City Council Members may attend this meeting telephonically.
Furthermore, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which waives
the mandate of public, in-person accessibility to Council meetings provided there are other means for
the public to participate. Effective immediately and continuing only during the period in which state
or local public health officials have imposed or recommended social distancing measures, the
Clearlake City Council meetings will be viewable via livestreaming on the City of Clearlake’s YouTube
Channel https://www.youtube.com/channel/UCTyifT_nKS-3woxEu1ilBXA and the public may
participate through Zoom at the link listed below.
Balancing the health risks associated with COVID-19, while appreciating the public’s right to conduct
the people’s business in a transparent and open manner, the City wants you to know that you can
submit your comments and questions in writing for City Council consideration by sending them to the
Administrative Services Director/City Clerk at mswanson@clearlake.ca.us. You can also visit our Town
Hall site and submit written comments through our portal at
https://www.opentownhall.com/portals/327/forum_home. To give the City Council adequate time to
review your questions and comments, please submit your written comments prior to 4:00 p.m. on the
day of the meeting.
This meeting, and any future meetings while under a declared emergency, will not be viewable in
person. You may view the meeting live on YouTube at the City of Clearlake’s YouTube Channel
(https://www.youtube.com/channel/UCTyifT_nKS-3woxEu1ilBXA) or “Lake County PEG TV Live
Stream” at https://www.youtube.com/user/LakeCountyPegTV/featured.

AGENDA
Zoom Link: https://clearlakeca.zoom.us/j/92939395809

CLOSED SESSION

(1) Pursuant to Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE


EVALUATION: Title: City Manager

(2) Pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL –
EXISTING LITIGATION: Case No. CV-421149; Name of Case: City of Clearlake v. County of Lake,
a political subdivision of the State of California; Board of Supervisors of the County of Lake, a

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public body of the County of Lake; Barbara C. Ringen, in her official capacity as the Treasurer-
Tax Collector of the County of Lake; and Does 1 through 30, inclusive.

ROLL CALL

PLEDGE OF ALLEGIANCE

INVOCATION/MOMENT OF SILENCE: The City Council invites members of the clergy, as well as interested
members of the public in the City of Clearlake, to voluntarily offer an invocation before the beginning of
its meetings for the benefit and blessing of the City Council. This opportunity is voluntary and invocations
are to be less than three minutes, offered in a solemn and respectful tone, and directed at the City Council.
Invocational speakers who do not abide by these simple rules of respect and brevity shall be given a
warning and/or not invited back to provide a subsequent invocation for a reasonable period of time, as
determined appropriate by the City. This policy is not intended, and shall not be implemented or
construed in any way, to affiliate the City Council with, not express the City Council's preference for, any
faith or religious denomination. Rather, this policy is intended to acknowledge and express the City
Council's respect for the diversity of religious denominations and faith represented and practiced among
the citizens of Clearlake. If a scheduled invocational speaker does not appear at the scheduled meeting,
the Mayor will ask that the City Council observe a moment of silence in lieu of the invocation. More
information about the City's invocation policy is available upon request by contacting the Administrative
Services Director/City Clerk at (707) 994-8201x106 or via email at mswanson@clearlake.ca.us.

MEETING PROCEDURES: All items on agenda will be open for public comments before final action is
taken. Citizens wishing to introduce written material into the record at the public meeting on any item
are requested to provide a copy of the written material to the Administrative Services Director/City Clerk
prior to the meeting date so that the material may be distributed to the City Council prior to the meeting.
Speakers must restrict comments to the item as it appears on the agenda and stay within a three minutes
time limit. The Mayor has the discretion of limiting the total discussion time for an item.

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

ANNOUNCEMENT OF ACTION FROM CLOSED SESSION

PRESENTATIONS

1. Presentation of March's Adoptable Dogs

2. Presentation of Update on the Hope Center

PUBLIC COMMENT: This is the time for any member of the public to address the City Council on any
matter not on the agenda that is within the subject matter jurisdiction of the City. The Brown Act, with
limited exceptions, does not allow the Council or staff to discuss issues brought forth under Public
Comment. The Council cannot take action on non-agenda items. Concerns may be referred to staff or
placed on the next available agenda. Please note that comments from the public will also be taken on
each agenda item. Comments shall be limited to three (3) minutes per person.

CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine in nature and
will be approved by one motion. There will be no separate discussion of these items unless a member of

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the Council requests otherwise, or if staff has requested a change under Adoption of the Agenda, in which
case the item will be removed for separate consideration. Any item so removed will be taken up following
the motion to approve the Consent Agenda.

3. Adoption of the 10th Amendment to the FY 2020-21 Budget (Resolution 2020-27)


Appropriating Cannabis Equity Grant Funding; Resolution No. 2021-15
Recommended Action: Adopt resolution.

4. Minutes of the February 4, February 18, and March 4, 2021 Meetings


Recommended Action: Receive and file

5. Warrants
Recommended Action: Receive and file

6. Minutes of the February 10, 2021 Lake County Vector Control District Board Meeting
Recommended Action: Receive and file

7. Award of contract for the Traffic Signal Relocation Project


Recommended action: Authorize the City Manager to execute a contract with DC Electric
Group, Inc. for a not to exceed amount of $91,980.00

8. Adoption of the 11th Amendment to the FY 2020-21 Budget (Resolution 2020-27)


Appropriating Funding for Traffic Signal Work and the Airport Road Project; Resolution No.
2021-17
Recommended Action: Adopt resolution.

PUBLIC HEARING
Notice to the Public:
The City Council, when considering the matter scheduled for hearing, will take the following actions:
a) Open the Public Hearing
b) Presentation by Staff
c) Presentation by Applicant or Appellant (if applicable)
d) Accept Public Testimony
e) Applicant or Appellant Rebuttal Period (if applicable)
f) Close the Public Hearing
g) Council Comments and questions
h) 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 posed separately.

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9. Consider Amending Chapter 18-18, Section 18-18.040 (Use Regulations), Table 6 of the
Clearlake Municipal Code (CMC) to allow “Self-Storage” Facilities in the “RR” Rural Residential
and “MUX” Mixed Use Zoning Designations upon securing a Conditional Use Permit
Recommended Action: Hold First Reading of Ordinance No. 251-2021 Amending Section 18-
18.040 of the Clearlake Municipal Code, read by title only, waive further reading and schedule
the second reading and adoption for April 1, 2021

BUSINESS

10. Second Extension of Emergency Ordinance No. 241-2020 Establishing a Moratorium on


Industrial Hemp Cultivation in the City
Recommended Action: Second Extension of Emergency Ordinance No. 241-2020: An Urgency
Ordinance Establishing a Moratorium on Industrial Hemp Cultivation in the City (Four-Fifths
Vote Required)

11. Approval of Updated Salary Ranges for the Police Trainee Position and the Finance Director
Position and Adoption of Updated Salary Schedule; Resolution No. 2021-16
Recommended Action: Approve updated salary ranges and salary schedule and adopt
resolution

12. Consideration of Employment Services Agreement with Alan Flora as City Manager
Recommended Action: Approve Employment Services Agreement for City Manager with Alan
Flora

13. Consideration of Employment Services Agreement with Andrew White as Police Chief
Recommended Action: Approve Employment Services Agreement for Police Chief with
Andrew White

14. Authorization of an Agreement with Lexipol, LLC for Local Government Administration Policy
Manual and Daily Training Bulletins
Recommended Action: Approve agreement and authorize City Manager to sign

CITY MANAGER AND COUNCILMEMBER REPORTS

FUTURE AGENDA ITEMS

ADJOURNMENT

AMERICANS WITH DISABILITY ACT (ADA) REQUESTS

If you need disability related modification, including auxiliary aids or services, to participate in this meeting, please
contact Melissa Swanson, Administrative Services Director/City Clerk at the Clearlake City Hall, 14050 Olympic
Drive, Clearlake, California 95422, phone (707) 994-8201, ext 106, or via email at mswanson@clearlake.ca.us at
least 72 hours prior to the meeting, to allow time to provide for special accommodations.

AGENDA REPORTS

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Staff reports for each agenda item are available for review at www.clearlake.ca.us. Any writings or documents
pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the
meeting, shall be made available for public inspection on the City’s website at www.clearlake.ca.us.

POSTED: March 12, 2021

BY:

Melissa Swanson, Administrative Services Director/City Clerk

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Item 3.

CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT


MEETING OF: March 18, 2021

Agenda Item No.

Subject: Adoption of the 10th Amendment to the FY 2020- Date: March 1, 2021
21 Budget (Resolution 2020-27) Appropriating
Cannabis Equity Grant Funding; Resolution No.
2021-15 Reviewed & Approved:

From: Andrew White, Chief of Police/Interim Finance


Director

Recommended Action: Adopt resolution.

ISSUE STATEMENT AND DISCUSSION:

On May 7, 2020, the City Council accepted a Cannabis Equity Grant in the amount of $98,890.43.
The funding was received in FY 19/20.

Staff is requesting the City Council amend the FY 2020-21 budget to appropriate the grant
funding.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The proposed action would appropriate $98,891 of grant funds in the FY 2020-21 budget for the
Cannabis Equity Grant program.

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Item 3.

RESOLUTION NO. 2021-15

ADOPTION OF 10TH AMENDMENT TO THE FY 2020-21 BUDGET (RESOLUTION 2020-27)


APPROPRIATING REVENUE FROM THE CANNABIS EQUITY GRANT

WHEREAS, the City Council desires to appropriate fund balance for the Cannabis Equity Grant
awarded in May 2020.

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

Section 1. The FY 2020-21 Budget, adopted via Resolution 2020-27, is amended as follows:

Appropriations Adjustments
FY 20-21
Fund Amended
Fund Name Department Account Description FY 20-21 Budget Adjustment Budget
261 Cannab. 261-0000-750-561 Contract Services - 63,000 63,000
261 Cannab. 261-0000-970-999 Transfer Out to Other Funds - GF Salaries - 35,891 35,891
Total - 98,891 98,891

Revenue Adjustments
FY 20-21
Fund Amended
Fund Name Account Description FY 20-21 Budget Adjustment Budget
100 General 100-450-900 Transfer In From Other Funds 419,731 35,891 455,622
Total 419,731 35,891 455,622

PASSED AND ADOPTED by the City Council of the City of Clearlake, County of Lake, State of
California, on this 18th day of March 2021, by the following vote:

AYES:
NOES:
ABSTAIN:
ABSENT:

ATTEST:______________________________ ________________________________
City Clerk Mayor

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Item 4.

CITY COUNCIL REGULAR MEETING


Clearlake City Hall Council Chambers
14050 Olympic Dr, Clearlake, CA
Thursday, February 18, 2021
Regular Meeting 6:00 PM

MINUTES
Zoom Link: https://clearlakeca.zoom.us

ROLL CALL

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

WORKSHOP

Workshop called to order at 5:00 p.m.

(1) Mid-Year Budget Review; Resolution No. 2021-09


Recommended Action: Adopt resolution

Staff report given by Interim Finance Director Chief White.

Resolution amended to add UAL payment to CalPERS.

Motion made by Cremer, Seconded by Overton.


Voting Yea: Cremer, Claffey, Slooten, Overton, Perdock

REGULAR MEETING

Regular Meeting called to order at 6:00 p.m.

PLEDGE OF ALLEGIANCE

INVOCATION/MOMENT OF SILENCE:

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

Item #10 was deleted from the agenda.

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Motion made by Cremer, Seconded by Claffey.


Voting Yea: Cremer, Claffey, Slooten, Overton, Perdock

PUBLIC COMMENT:

There was no public comment.

PRESENTATIONS

1. Presentation of February's Adoptable Dogs

CONSENT AGENDA:

Motion made by Perdock, Seconded by Overton.


Voting Yea: Cremer, Claffey, Slooten, Overton, Perdock

2. Warrants
Recommended Action: Receive and file

3. Authorize the City Manager to Execute a License Agreement with Mudslingers Coffee for a
Drive Through Coffee Facility at 14760 Olympic Drive, Clearlake
Recommended Action: Authorize the City Manager to sign the agreement

4. Lake County Vector Control District Board Minutes of the December 9, 2020
Recommended Action: Receive and file

5. Minutes of the January Meetings


Recommended Action: Receive and file

6. Consideration of a Resolution Rescinding Resolution No. 2009-51: A Resolution of the City


Council of the City of Clearlake Establishing Purchasing Procedures; Resolution No. 2021-10
Recommended Action: Adopt resolution to rescind Resolution No. 2009-51

7. Rejection of Bids for the Austin Park Bus Stop and Promenade Project
Recommended Action: Reject all bids for the Austin Park Bus Stop and Promenade Project

PUBLIC HEARING

8. Public Hearing to Consider Projects and Authorize the Application for Funding through the
Community Development Block Grant Mitigation Program
Recommended Actions: 1) Open the Public Hearing and receive public comment regarding the
Community Development Block Grant MIT-PPS Program and possible activities and projects to
be considered for funding under the upcoming Notice of Funding Availability (NOFA) process;
and 2) Adopt Resolution No. 2021-11 authorizing staff to prepare an application (Due

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February 18, 2021) in response to the release of the Notice of Funding Availability (NOFA) for
CDBG-MIT-PPS funds

City Manager Flora gave the staff report. Mayor Slooten opened the Public Hearing at 6:12.
There were no public comments.

It was the consensus of the Council to move forward with the application funding the five
projects discussed by staff for up to $500K each.

Motion made by Cremer, Seconded by Perdock.


Voting Yea: Cremer, Claffey, Slooten, Overton, Perdock

BUSINESS

9. Declare Various City-owned Property as Surplus; Resolution No. 2021-12 and SA 2021-02
Recommended Action: 1) Acting as the City Council, adopt Resolution No. 2021-12; and 2)
Acting as the Clearlake Redevelopment Successor Agency, adopt Resolution No. SA 2021-02

City Manager/Executive Director Flora gave the staff report.

City Council Resolution Adoption Motion made by Overton, Seconded by Perdock.


Voting Yea: Cremer, Claffey, Slooten, Overton, Perdock

Successor Agency Resolution Adoption Motion made by Overton, Seconded by Cremer.


Voting Yea: Cremer, Claffey, Slooten, Overton, Perdock

10. Discussion and Consideration of Establishing a COVID Memorial


Recommended Action: Provide direction to staff

This item was deleted from the agenda.

11. Consideration of Marketing Committee Appointment to One Vacant Seat


Recommended Action: Review applications, interview applicants and make appointment

Administrative Services Director/City Clerk Swanson gave the staff report.

Motion to appoint Susan Bloomquist.

Motion made by Claffey, Seconded by Overton.


Voting Yea: Cremer, Claffey, Slooten, Overton, Perdock

CITY MANAGER AND COUNCILMEMBER REPORTS

FUTURE AGENDA ITEMS

Councilmember Cremer asked for a strategic plan for code enforcement.

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Vice Mayor Perdock asked for a discussion on funding the Clear Lake Chamber of Commerce.

Mayor Slooten asked for a waiver of fees for fishing tournaments.

ADJOURNMENT

Meeting was adjourned at 6:56 p.m.

Melissa Swanson, Administrative Services Director/City Clerk

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Item 4.

CITY COUNCIL REGULAR MEETING


Clearlake City Hall Council Chambers
14050 Olympic Dr, Clearlake, CA
Thursday, February 04, 2021
Regular Meeting 6:00 PM

MINUTES
Zoom Link: https://clearlakeca.zoom.us/j/92095186784

ROLL CALL

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

PLEDGE OF ALLEGIANCE

INVOCATION/MOMENT OF SILENCE

ADOPTION OF THE AGENDA

There were no modifications to the agenda.

Motion made by Cremer, Seconded by Overton.


Voting Yea: Cremer, Claffey, Slooten, Overton, Perdock

PRESENTATIONS

1. Presentation of a Proclamation Declaring February 2021 as Black History Month

2. Presentation of the Clearlake Police Department 2020 Annual Report

PUBLIC COMMENT:

Kevin Victorian spoke regarding code enforcement issues in his neighborhood.

Robert Coker spoke regarding tiny homes.

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CONSENT AGENDA:

Motion made by Overton, Seconded by Perdock.


Voting Yea: Cremer, Claffey, Slooten, Overton, Perdock

3. Continuation of Declaration of Local Emergency Issued on October 9, 2017 and Ratified by


Council Action October 12, 2017
Recommended Action: By motion keep declaration of emergency active and set next review
for the next Council meeting

4. Continuation of Declaration of Local Emergency Issued on March 14, 2020 and Ratified by
Council Action on March 19, 2020
Recommended Action: By motion, keep declaration of emergency active and set next review
in sixty days

5. Warrants
Recommended Action: Receive and file

6. Award of Contract for Design Services for the 2021 Measure V Projects
Recommended Action: Authorize the City Manager to execute a contract with California
Engineering Company for an amount not to exceed $101,443.85

7. Reappointment of Three Planning Commissioners to Fill Four-Year Terms Effective March 12,
2021 through March 11, 2025
Recommended Action: Reappoint the three current Planning Commissioners to an additional
term pursuant to the City Council Norms and Procedures

8. Adoption of 6th Amendment to the FY 2020-21 Budget (Resolution No. 2020-27)


Appropriating Revenues from Sale of Surplus Public Works Equipment and Authorizing the
City Manager to Lease a Vehicle from Enterprise Fleet Management for the Parks Division,
Resolution No. 2021-06
Recommended Action: Adopt resolution

9. Adoption of the 7th Amendment to the FY 2020-21 Budget (Resolution No 2020-27)


Appropriating a Donation from Lake County Tribal Health Consortium for the Purchase of
AEDs, Resolution No. 2021-07
Recommended Action: Adopt resolution

PUBLIC HEARING

10. Public Hearing to Consider Acceptance of the State Community Black Grant Coronavirus Aid
Relief and Economic Security Act (CDBG- CV) Round 2 and Round 3 in the amount of
$444,964.
Recommended Action: 1) Open public hearing and receive public comment regarding the
Community Development Block Grant Coronavirus Aid, Relief and Economic Security Act
(CDBG-CV2 and CV3) program and possible activities and projects to be considered for funding

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under the upcoming Notice of Funding Availability (NOFA) process; 2) Provide direction for
staff to prepare an application (Due February 12, 2021) in response to the release of the
Notice of Funding Availability (NOFA) for CDBG-CV2 and CV3 funds for COVID-19 related
activities that benefit low and moderate income residents; and 3) Adopt Resolution 2021-08
authorizing the City Manager and staff to submit the grant application due by February 12,
2021

City Manager Flora and Deputy City Clerk Viramontes gave the staff report.

Mayor Slooten opened the Public Hearing at 7:10 p.m.

There was no public comment and the Public Hearing was closed.

It was the consensus of the Council to use the funding for improvements to the
Senior/Community Center.

Motion made by Overton, Seconded by Perdock.


Voting Yea: Cremer, Claffey, Slooten, Overton, Perdock

BUSINESS

11. Discussion and Consideration of Entering into a Lease with RM Clearlake, LLC for 15900,
15910, 15920, and 15970 Dam Road, Clearlake CA 95422 and Agreements with CALFIRE for
Fire Mitigation Efforts in Vicinity of Said Properties
Recommended Action: 1) Direct City Manager to sign and enter into the attached lease with
RM Clearlake for the properties at 15900, 15910, 15920 and 15970 Dam Road, Clearlake; 2)
Authorize the City Manager to execute the necessary agreements with CALFIRE for fire
mitigation efforts

City Manager Flora gave the staff report.

Motion made by Cremer, Seconded by Overton.


Voting Yea: Cremer, Claffey, Slooten, Overton, Perdock

CITY MANAGER AND COUNCILMEMBER REPORTS

FUTURE AGENDA ITEMS

Councilmember Overton asked for a review for a property for adding a homeless camp.

Councilmember Cremer asked for a discussion on options to address trash and abandoned vehicles in
the city.

Mayor Slooten asked for a discussion on a letter to the trustees of the College districts to consider
consolidation.

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CLOSED SESSION

(12) Conference with Legal Counsel: Existing Litigation pursuant to Government Code Section
54956.9: City of Clearlake v. Tonya Shold; Jonathan Haws; Sunshine Properties, LLC.- Case No
CV421430- Lake County Superior Court

(13) Conference with Legal Counsel: Existing Litigation pursuant to Government Code Section
54956.9: City of Clearlake v. Joyce L. Madden - Case No. CV421431 - Lake County Superior
Court

(14) Conference with Legal Counsel pursuant to Government Code Section 54956.9: City of
Clearlake v. William Reece Smith, a deceased individual; all persons claiming any interest in
the real property commonly known as 13672 Arrowhead Road, Clearlake CA - Case No.
CV421429 - Lake County Superior Court

(15) Conference with Legal Counsel pursuant to Government Code Section 54956.9: City of
Clearlake v. County of Lake, a political subdivision of the State of California; Board of
Supervisors of the County of Lake, a public body of the County of Lake; Barbara C. Ringen, in
her official capacity as the Treasurer/Tax Collector of the County of Lake, and Does 1 through
30, inclusive

ANNOUNCEMENT OF ACTION FROM CLOSED SESSION

There was no action taken in closed session.

ADJOURNMENT

The meeting was adjourned at 8:08 p.m.

Melissa Swanson, Administrative Services Director/City Clerk

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Item 4.

CITY COUNCIL REGULAR MEETING


Clearlake City Hall Council Chambers
14050 Olympic Dr, Clearlake, CA
Thursday, March 04, 2021
Regular Meeting 6:00 PM

MINUTES
Zoom Link: https://clearlakeca.zoom.us

ROLL CALL

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

PLEDGE OF ALLEGIANCE

INVOCATION/MOMENT OF SILENCE

ADOPTION OF THE AGENDA

Motion made by Overton, Seconded by Cremer.


Voting Yea: Cremer, Claffey, Slooten, Overton, Perdock

PUBLIC COMMENT:

Joann Cox submitted a statement via email regarding issues at the Hope Center.

PRESENTATIONS

1. Presentation of a Proclamation Declaring March 2021 as March For Meals Month

CONSENT AGENDA:

Motion made by Cremer, Seconded by Claffey.


Voting Yea: Cremer, Claffey, Slooten, Overton, Perdock

2. Warrants
Recommended Action: Receive and file

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March 04, 2021 Page. 2

3. Continuation of Declaration of Local Emergency Issued on October 9, 2017 and Ratified by


Council Action October 12, 2017
Recommended Action: By motion, keep declaration of emergency active and set next review
for the next Council meeting

4. Continuation of Declaration of Local Emergency Issued on March 14, 2020 and Ratified by
Council Action March 19, 2020
Recommended Action: By motion, keep declaration of emergency active and set next review
in sixty days

5. Clearlake Waste Solutions Annual Report


Recommended Action: Receive and file

BUSINESS

6. Receive Presentation on Downtown Strategic Vision and Consideration of Contract with


Downtown Strategies for Implementation of Various Recommendations (Downtown
Implementation Proposal)
Recommended Action: Approve Clearlake’s Downtown Strategic Vision and Authorize the City
Manager to Execute a Contract with Downtown Strategies Consistent with the Downtown
Implementation Proposal

City Manager Flora gave the staff report and Downtown Strategies gave a presentation.

Motion made by Overton, Seconded by Perdock.


Voting Yea: Cremer, Claffey, Slooten, Overton, Perdock

7. Consideration of a Facility Use Agreement with Adventist Health Clear Lake for Use of the
City's Shower Trailer
Recommended Action: Approve agreement and authorize the City Manager to sign

Administrative Services Director/City Clerk Swanson gave the staff report.

Councilmember Perdock recused himself from the discussion as he works for Adventist Health
Clear Lake.

Motion made by Overton, Seconded by Claffey.


Voting Yea: Cremer, Claffey, Slooten, Overton
Voting Abstaining: Perdock

8. Measure V Committee Discussion Regarding Responsibilities


Recommended Action: Provide Direction to Staff

Public Works Director Goodman gave the staff report.

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It was the consensus of the Council to schedule annual meetings of the committee each
October and have the committee continue to review the past and future expenditures per the
Ordinance’s Expenditure Plan.

9. Consideration of Appointments to the Measure V Oversight Committee


Recommended Action: Appoint three members to the Committee by Vice Mayor Perdock,
Councilmember Claffey, and Councilmember Overton, one member per Council Member;
Resolution No. 2021-13; and by motion, approve the Mayor's appointment of a chairperson of
the Committee

Administrative Services Director/City Clerk Swanson gave the staff report.

Vice Mayor Perdock appointed Conrad Colbrandt. Councilmember Overton appointed Jim
Scholz. Councilmember Claffey appointed Ray Silva.

Motion to adopt Resolution No. 2021-13 by Perdock, Second by Cremer.


Voting Yea: Slooten, Perdock, Claffey, Overton and Cremer.

Motion to approve Conrad Colbrandt as committee chair by Cremer, Second by Overton.


Voting Yea: Slooten, Perdock, Claffey, Overton and Cremer.

10. Discussion Regarding Abandoned Vehicles, Approval of the Sole Source Purchase of K-Rail
Concrete Barrier from Eiffel Trading and Adoption of the 9th Amendment to the FY 2020-21
Budget; Resolution No. 2021-14
Recommended Action: Adopt Resolution

Chief White gave the staff report.

Motion made by Cremer, Seconded by Overton.


Voting Yea: Cremer, Claffey, Slooten, Overton, Perdock

11. Consideration of an Updated Special Event Fee Waiver Policy


Recommended Action: Approve updated Special Events Policy authorizing the City Manager to
approve waiving fees for certain special events

Administrative Services Director/City Clerk Swanson gave the staff report.

Motion made by Overton, Seconded by Perdock.


Voting Yea: Cremer, Claffey, Slooten, Overton, Perdock

PUBLIC HEARING

12. Public Hearing to Consider Projects and Authorize the Application for Funding through the
Community Development Block Grant Mitigation and Disaster Recovery Program
Recommended Action: Adopt Resolution 2021-13 Approving an Allocation of Funding and an

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March 04, 2021 Page. 4

Application for Funding and the Execution of a Grant Agreement and any
Amendments Thereto from the CDBG-DR Program and/or the CDBG-MIT Program

City Manager Flora gave the staff report.

Mayor Slooten opened the Public Hearing at 8:28 p.m. and there was no public comment. The
Public Hearing was closed.

Motion made by Cremer, Seconded by Perdock.


Voting Yea: Cremer, Claffey, Slooten, Overton, Perdock

CITY MANAGER AND COUNCILMEMBER REPORTS

FUTURE AGENDA ITEMS

CLOSED SESSION

(13) Pursuant to Government Code Section 54957: Public Employee Performance Evaluation: Title:
City Manager

(14) Pursuant to Government Code Section 54956.8: Conference with Real Property Negotiations:
Property: 14141 Lakeshore Drive, Clearlake; Agency Negotiation: City Manager Alan Flora;
Under Negotiation: Price and Terms of Payment

ANNOUNCEMENT OF ACTION FROM CLOSED SESSION

There was no action taken in closed session.

ADJOURNMENT

The meeting was adjourned at 10:00 p.m.

Melissa Swanson, Administrative Services Director/City Clerk

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Item 5.
Check Register
Clearlake, CA Packet: APPKT00493 - 3/4/21 AP Check Run AA

By Check Number

Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number
Bank Code: AP-Accounts Payable
VEN01085 ACC BUSINESS 03/04/2021 Regular 0.00 603.58 10394
000591 ACTION SANITARY 03/04/2021 Regular 0.00 2,831.25 10395
000085 ARAMARK UNIFORM SERVICES 03/04/2021 Regular 0.00 49.31 10396
001397 AT&T CALNET 3 03/04/2021 Regular 0.00 355.22 10397
000068 BOB'S JANITORIAL 03/04/2021 Regular 0.00 118.21 10398
VEN01118 BRIDGES RESTORATION LLC 03/04/2021 Regular 0.00 500.00 10399
001714 COVANTA STANISLAUS 03/04/2021 Regular 0.00 791.71 10400
000774 DEEP VALLEY SECURITY 03/04/2021 Regular 0.00 82.90 10401
VEN01126 ECORP CONSULTING, INC 03/04/2021 Regular 0.00 2,771.62 10402
2411 ERIN MCCARRICK 03/04/2021 Regular 0.00 75.00 10403
VEN01108 FAWN CHRISTINE WILLIAMS 03/04/2021 Regular 0.00 75.00 10404
000121 HIGHLANDS WATER COMPANY 03/04/2021 Regular 0.00 1,159.22 10405
002156 KATHRYN L DAVIS 03/04/2021 Regular 0.00 75.00 10406
VEN01128 KIMBERLY FIELDING 03/04/2021 Regular 0.00 150.00 10407
000116 LAKE COUNTY TAX COLLECTOR 03/04/2021 Regular 0.00 468.26 10408
002286 LISA WILSON 03/04/2021 Regular 0.00 75.00 10409
002169 LOS CARNEROS INVESTIGATIVE SVC 03/04/2021 Regular 0.00 600.00 10410
000793 MEDIACOM 03/04/2021 Regular 0.00 800.00 10411
VEN01048 Minnesota Life Insurance 03/04/2021 Regular 0.00 890.25 10412
002242 PARODI INVESTIGATIVE SOLUTIONS, LLC03/04/2021 Regular 0.00 1,841.72 10413
000130 PITNEY BOWES 03/04/2021 Regular 0.00 701.68 10414
002061 PLEXUS GLOBAL LLC 03/04/2021 Regular 0.00 12.25 10415
002355 RAINBOW AG 03/04/2021 Regular 0.00 293.91 10416
VEN01130 RCR BUILDER INC 03/04/2021 Regular 0.00 6,500.00 10417
002031 REDWOOD COAST FUELS 03/04/2021 Regular 0.00 866.85 10418
002215 ROBERT COKER 03/04/2021 Regular 0.00 75.00 10419
001876 SYAR INDUSTRIES INC 03/04/2021 Regular 0.00 5,331.04 10420
001934 TINA VIRAMONTES 03/04/2021 Regular 0.00 75.00 10421
002292 TYLER TECHNOLOGIES 03/04/2021 Regular 0.00 588.38 10422

Bank Code AP Summary


Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 49 29 0.00 28,757.36
Manual Checks 0 0 0.00 0.00
Voided Checks 0 0 0.00 0.00
Bank Drafts 0 0 0.00 0.00
EFT's 0 0 0.00 0.00
49 29 0.00 28,757.36

3/4/2021 4:04:30 PM Page 1 of 2


20
Check Register ItemRun
Packet: APPKT00493-3/4/21 AP Check 5. AA

Fund Summary
Fund Name Period Amount
999 Pooled Cash 3/2021 28,757.36
28,757.36

3/4/2021 4:04:30 PM Page 2 of 2


21
Item 5.
Check Register
Clearlake, CA Packet: APPKT00506 - 3/11/21 AP Check Run AA

By Check Number

Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number
Bank Code: AP-Accounts Payable
001138 ADVENTIST HEALTH 03/11/2021 Regular 0.00 125.00 10423
000101 AMERIGAS 03/11/2021 Regular 0.00 3,385.12 10424
000085 ARAMARK UNIFORM SERVICES 03/11/2021 Regular 0.00 49.31 10425
001397 AT&T CALNET 3 03/11/2021 Regular 0.00 23.49 10426
001397 AT&T CALNET 3 03/11/2021 Regular 0.00 20.97 10427
001397 AT&T CALNET 3 03/11/2021 Regular 0.00 23.49 10428
VEN01133 BIG TEX TRAILER WORLD INC 03/11/2021 Regular 0.00 10,741.02 10429
000068 BOB'S JANITORIAL 03/11/2021 Regular 0.00 48.67 10430
002162 CALIFORNIA ENGINEERING 03/11/2021 Regular 0.00 111,092.60 10431
2404 CALTRONICS 03/11/2021 Regular 0.00 1,126.13 10432
002124 CK FITNESS 03/11/2021 Regular 0.00 130.00 10433
000024 CLEARLAKE POLICE ASSOCIATION 03/11/2021 Regular 0.00 1,500.00 10434
001424 CLEARLAKE WASTE SOLUTIONS. 03/11/2021 Regular 0.00 292.25 10435
000841 03/11/2021
COUNTY OF LAKE REGISTRAR OF VOTERS Regular 0.00 8,255.41 10436
000585 COUNTY OF LAKE COMMUNITY DEVELOP03/11/2021 Regular 0.00 292.25 10437
002083 COUNTY OF LAKE WATER RESOURCES 03/11/2021 Regular 0.00 12,900.93 10438
000160 DEPT OF JUSTICE 03/11/2021 Regular 0.00 257.00 10439
000073 EASTLAKE SANITARY LANDFILL 03/11/2021 Regular 0.00 39.89 10440
001199 EUREKA OXYGEN CO 03/11/2021 Regular 0.00 34.68 10441
001732 GARY PRICE CONSULTING SERVICES 03/11/2021 Regular 0.00 1,710.00 10442
VEN01136 03/11/2021
HUMBOLDT STATE UNIVERSITY SPONSORED Regular
PROGRAMS FOUNDATION 0.00 853.03 10443
001775 JONES & MAYER 03/11/2021 Regular 0.00 16,958.46 10444
000113 LEAGUE OF CALIF CITIES 03/11/2021 Regular 0.00 6,270.00 10445
VEN01123 LOOMIS 03/11/2021 Regular 0.00 487.15 10446
VEN01134 MUNICIPAL CODE CORPORATION 03/11/2021 Regular 0.00 11,500.00 10447
000026 NATIONWIDE RETIREMENT SOLUTION 03/11/2021 Regular 0.00 906.86 10448
000009 OPERATING ENGINEERS LOCAL 3 03/11/2021 Regular 0.00 480.00 10449
000027 OPERATING ENGINEERS PUBLIC EMP 03/11/2021 Regular 0.00 65,493.00 10450
001483 PETERSON CAT 03/11/2021 Regular 0.00 112.03 10451
001843 PG&E CFM 03/11/2021 Regular 0.00 3,720.05 10452
**Void** 03/11/2021 Regular 0.00 0.00 10453
001592 RICOH USA, INC 03/11/2021 Regular 0.00 45.90 10454
001338 SHERRI VANNEST 03/11/2021 Regular 0.00 585.00 10455
VEN01110 SLK HOME SERVICES INC 03/11/2021 Regular 0.00 558.00 10456
002000 SUB TERRA CONSULTING 03/11/2021 Regular 0.00 3,208.00 10457
VEN01138 SUPERIOR MOVING AND STORAGE 03/11/2021 Regular 0.00 1,891.50 10458
001876 SYAR INDUSTRIES INC 03/11/2021 Regular 0.00 1,647.92 10459
000099 U.S. CELLULAR 03/11/2021 Regular 0.00 612.86 10460
000708 VALIC LOCKBOX 03/11/2021 Regular 0.00 695.00 10461
001723 VALLEY TOXICOLOGY SERVICE 03/11/2021 Regular 0.00 170.00 10462

Bank Code AP Summary


Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 68 39 0.00 268,242.97
Manual Checks 0 0 0.00 0.00
Voided Checks 0 1 0.00 0.00
Bank Drafts 0 0 0.00 0.00
EFT's 0 0 0.00 0.00
68 40 0.00 268,242.97

3/11/2021 1:20:00 PM Page 1 of 2


22
Check Register ItemRun
Packet: APPKT00506-3/11/21 AP Check 5. AA

Fund Summary
Fund Name Period Amount
999 Pooled Cash 3/2021 268,242.97
268,242.97

3/11/2021 1:20:00 PM Page 2 of 2


23
Item 6.

MINUTES OF PREVIOUS MEETING

February 10, 2021

The monthly meeting of the Board of Trustees of the Lake County Vector
Control District was called to order at 1:30 P.M. by President Giambruno.

Board Present: Rob Bostock, Curt Giambruno, Chuck Leonard, Ron Nagy,
and George Spurr.

Absent: None.

District Personnel: Jamesina J. Scott, Ph.D., District Manager and Research


Director (participating remotely), and Ms. Jacinda Franusich, Office
Manager.

Guests: None.

Citizen’s Input: None.

Agenda Additions and/or Deletions: None.

Mr. Leonard moved to approve the Board Minutes of the December 9, 2020
regular meeting. Mr. Bostock seconded the motion. Motion carried
unanimously.

Election of President and Secretary of the Board of Trustees


After some discussion the board unanimously re-elected Mr. Giambruno as
President of the Board of Trustees and Mr. Nagy as Secretary of the Board
of Trustees.

Research Reports for the Months of December 2020 and January 2021
Dr. Scott reported on vectorborne virus activity. No West Nile virus (WNV)
or other arbovirus activity has been detected in Lake County in 2021. During
2020, twelve mosquito samples from Lake County tested positive for WNV.

24
3
Item 6.

For the rest of California there were 197 human cases of West Nile virus,
including eight deaths, in 2020.

In the rest of the nation, 44 states reported WNV infections in birds,


mosquitoes, and people in 2020. Five hundred fifty-seven cases of West Nile
virus disease in people, including 38 deaths, were reported to the CDC.

No arbovirus activity has been reported in the United States in 2021.

Dr. Scott reported on adult biting fly activity. In December 2020 one female
Culiseta inornata, and two female Culicoides occidentalis were collected
from the New Jersey Light Trap near Borax Lake. In addition, 50 female and
one male Culiseta inornata were collected from the New Jersey Light Trap
near Upper Lake.

During January 2021, four female Culiseta inornata were collected from the
New Jersey Light Trap near Borax Lake. In addition, 174 female and one
male Culiseta inornata as well as two female Culiseta incidens were
collected from the New Jersey Light Trap near Upper Lake.

Dr. Scott reported on tick testing. Eight Ixodes pacificus ticks that were
removed from Lake County residents have been submitted to the Sonoma
County Public Health Laboratory for testing for Borrelia burgdorferi. Seven
of the ticks were negative, and results are pending for the last sample.

Dr. Scott reported on Clear Lake gnat, Chironominae, and Tanypodinae


surveillance in Clear Lake. In the Upper Arm, Clear Lake gnat numbers
decreased from 10.82 larvae per dredge in November to 10.61 larvae per
dredge in December 2020, and rose to 11.32 larvae per dredge in January
2021. Chironominae numbers decreased from 35.39 larvae per dredge in
November to 28.21 larvae per dredge in December, and to 17.93 larvae per
dredge for January 2021. Tanypodinae numbers increased from 2.36 larvae
per dredge in November to 4.82 larvae per dredge in December, and again
to 7.96 larvae per dredge in January 2021.

Publications and Presentations


A project the District collaborated on with San Gabriel Mosquito and Vector
Control, the University of Georgia, and the University of Texas A&M

25
4
Item 6.

identifying black fly species and the parasites they carry in Lake County will
be presented at the World Association for the Advancement of Veterinary
Parasitology Conference. The presentation will be given by Matt Kulpa, a
PhD student who is working on the project.

Operation Report
The rain gauge at the LCVCD office in Lakeport received 2.58 inches of
precipitation in December 2020, and 3.59 inches in January 2021. The
cumulative rainfall for this season is 6.99 inches.

On December 1, the level of Clear Lake was at 0.51 feet on the Rumsey
Gauge, and reached 0.59 feet by December 31. On January 1, 2021 the
level of Clear Lake was 0.60 feet on the Rumsey Gauge, and reached 0.85
feet on January 31.

In December and January, the District received no service request, which is


typical for the time of year.

District staff are viewing webinars and will participate in the virtual Mosquito
and Vector Control Association of California Annual Conference to fulfill their
continuing education requirements. Entomologist Cassie Urquhart will
present a virtual poster about the yellowjacket trap study that she completed
last year.

Board Consideration of Nomination to the California Special Districts


Association (CSDA) Board of Directors
No nominations were made.

Approve Checks for the Months of January and February 2021


Mr. Nagy moved to approve Check Nos. 19722-19792 for the month of
January 2021 in the amount of $115,329.59, and Check Nos. 19793-19848
for the month of February 2021 in the amount of $87,325.04. Mr. Bostock
seconded the motion. Motion carried unanimously.

Other Business
Office Manager Jacinda Franusich reminded the Board that the Annual
Statements of Economic Interest-Form 700 are due in the Lake County
Auditor’s Office by the end of February. In addition, Ms. Franusich informed

26
5
Item 6.

the Board that the District’s new financial software system purchased from
Caselle is scheduled to go live by late May 2021, or early June.

Announcement of the Next Board Meeting


The next regular meeting of the Board of Trustees of the Lake County Vector
Control District will be at 1:30 PM on March 10, 2021 in the LCVCD Board
Room, 410 Esplanade, Lakeport, CA 95453.

Mr. Spurr moved to adjourn the meeting. Mr. Nagy seconded the motion.
There being no other business to discuss, the meeting was adjourned by
President Giambruno at 1:58 PM.

Respectfully submitted,

Ronald Nagy
Secretary

27
6
Item 7.

CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT


MEETING OF: March 18, 2021
Agenda Item No.

Subject: Award of contract for the Traffic Signal Relocation March 15, 2021
Project
Reviewed & Approved:

From: Adeline Brown, Engineer Tech

Recommended Action: Authorize the City Manager to execute a contract with DC Electric
Group, Inc. for a not to exceed amount of $91,980.00

ISSUE STATEMENT AND DISCUSSION:

The City solicited proposals for relocation of the traffic signal as well as modifications to include
furnishing and installation of eight new weatherproof receptacles on the traffic signal poles. A
proposal was received from DC Electric Group, Inc. DC Electric has provided services the City’s
traffic signals and boxes for several years. Services provided on this project will include:

 Relocation of the traffic signal Mast Arm Pole complete with a 40-foot signal mast arm
and 15-foot luminaire mast arm on a new foundation. This includes all electrical work,
traffic signal heads, pedestrian signal housings and new side-mount pedestrian push-
button assemblies.
 Furnishing and installation of eight new 120V weatherproof receptacles on traffic
signal poles at Old Hwy. 53 and Lakeshore Drive as well as at Old Hwy. 53 and
Olympic Drive.

POLICY AND/OR FINANCIAL IMPLICATIONS:

There are no policy implications with this recommendation. Project will be funded using Gas
Tax Funds.

28
Item 8.

CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT


MEETING OF: March 18, 2021

Agenda Item No.

Subject: Adoption of the 11th Amendment to the FY 2020- Date: March 12, 2021
21 Budget (Resolution 2020-27) Appropriating
Funding for Traffic Signal Work and the Airport
Road Project; Resolution No. 2021-17 Reviewed & Approved:

From: Andrew White, Chief of Police/Interim Finance


Director

Recommended Action: Adopt resolution.

ISSUE STATEMENT AND DISCUSSION:

Staff is requesting the City Council amend the FY 2020-21 budget as follows:

1. Appropriate one-time revenue to fund the relocation and replacement of a traffic signal
pole at Lakeshore Drive and Old Highway 53 and to install electrical plugs on the traffic
signal poles at this intersection and Olympic Drive and Old Highway 53 to support future
public safety camera equipment. The signal pole relocation and replacement are
necessary due to new development that has occurred at the intersection.

$92,000: $87,000 from Gas Tax & $5,000 from General Fund unanticipated revenue.

2. Appropriate General Fund unanticipated revenue for the Airport Road project in the
amount of $50,000.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The financial impact is detailed in the attached resolution.

1
29
Item 8.

RESOLUTION NO. 2021-17

ADOPTION OF 11TH AMENDMENT TO THE FY 2020-21 BUDGET (RESOLUTION 2020-27)


APPROPRIATING FUNDING FOR TRAFFIC SIGNAL WORK AND THE AIRPORT ROAD PROJECT

WHEREAS, the City Council desires to appropriate funding to relocate and replace one of the
traffic signal poles at Old Highway 53 and Lakeshore Drive to accommodate new development
that has occurred at this location; and

WHEREAS, the City Council desires to appropriate funding to add electrical outlets at the Old
Highway 53 and Lakeshore Drive and Old Highway 53 and Olympic Drive intersections for public
safety cameras, to be completed during the signal pole work project and thereby save
mobilization costs; and

WHEREAS, the City Council desires to appropriate one-time revenue for the Airport Road project.

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

Section 1. The FY 2020-21 Budget, adopted via Resolution 2020-27, is amended as follows:

Appropriations Adjustments
FY 20-21
Fund Amended
Fund Name Department Account Description FY 20-21 Budget Adjustment Budget
200 Gas Tax 200-3040-800-681 Equipment & Software - Signal Relocation 85,369 87,000 172,369
100 General Fund
Police 100-2000-800-681 Equipment & Software - Power Outlets 207,680 5,000 212,680
240 Cap. Proj. 240-4188-850-887 Capital Projects - Airport Road 1,036,314 50,000 1,086,314
100 General Fund 100-0000-970-999 Transfer Out - Cap. Proj. Airport Road 871,474 50,000 921,474
Total 2,200,837 192,000 2,392,837

Revenue Adjustments
FY 20-21
Fund Amended
Fund Name Account Description FY 20-21 Budget Adjustment Budget
100 General 100-405-895 Misc Income 970,519.00 50,000.00 1,020,519.00
240 Cap. Proj. 240-450-900 Transfer In 4,112,721.95 50,000.00 4,162,721.95
Total 5,083,241 100,000 5,183,241

PASSED AND ADOPTED by the City Council of the City of Clearlake, County of Lake, State of
California, on this 18th day of March 2021, by the following vote:

AYES:
NOES:
ABSTAIN:
ABSENT:

ATTEST:______________________________ ________________________________
City Clerk Mayor

2
30
Item 8.

3
31
Item 9.

CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT


MEETING OF: March 18, 2021

Subject: Consider Amending Chapter 18-18, Section 18- Date: March 9, 2021
18.040 (Use Regulations), Table 6 of the Clearlake
Municipal Code (CMC) to allow “Self-Storage”
Facilities in the “RR” Rural Residential and “MUX” Reviewed & Approved:
Mixed Use Zoning Designations upon securing a
Conditional Use Permit

Prepared: Alan Flora, City Manager

Recommended Action: Hold First Reading of Ordinance No. 251-2021 Amending Section
18-18.040 of the Clearlake Municipal Code, read by title only,
waive further reading and schedule second reading and adoption
for April 1, 2021

BACKGROUND:

After a lengthy public review process, on December 3, 2020, the City Council adopted a revised
Zoning Ordinance which completely repealed and replacing Chapter 18 of the Clearlake
Municipal Code (“Zoning”).

DISCUSSION:

The Community Development Department has received multiple requests to develop self-
storage facilities in the City. The Clearlake Municipal Code (CMC), defines “Self-Storage” Facilities
as:
 Self-Storage Facilities is the establishment that offers space for rental, lease or ownership
of individual bays that are intended for the storage, warehousing or safe-keeping of goods
or possessions, regardless of the duration of such storage, warehousing or safe-keeping
(Chapter 18-45: Definitions)

Currently self-storage units are allowed, as a use by right, in the Industrial District and with an
Administrative Use Permit in the General Commercial District. All other zoning districts are

Page 1 of 4
32
Item 9.

restricted from development of self-storage units. In hearing from property owners, and
reviewing various development ideas, staff believe that in certain situations there are properties
in other districts which could accommodate self-storage units with the appropriate review and
conditions. Further we recommend that the zoning districts of “RR” Rural Residential and “MUX”
Mixed Use would be appropriate for development of self-storage units with review and approval
by the Planning Commission. If the Council is supportive of this change, the allowed use table in
the Zoning Ordinance would be modified to allow self-storage units to be developed in RR and
MUX with approval of a Conditional Use Permit.

The other alternative would be to require interested property owners to request the Planning
Commission and City Council approve a rezone on property to General Commercial or Industrial
in order to develop a self-storage facility. This approach appears overly cumbersome in most
situations, and more flexibility could be created by adjusted the uses allowed table (Table 6) as
described above.

ENVIRONMENTAL ANALYSIS:
Amendments to the Clearlake Municipal Code (CMC) is Categorical Exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061 (b) Review for Exemption.
 The activity is covered by the commonsense exemption that CEQA applies only to projects
which have the potential for causing a significant effect on the environment. Where it can
be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA.

RECOMMENDATIONS:
Staff is recommending the City Council amend Chapter 18-18, Section 18-18.040 (Use
Regulations), Table 6 of the Clearlake Municipal Code (CMC) to allow “Self-Storage” Facilities in
the “RR” Rural Residential and “MUX” Mixed Use Zoning Designations upon securing a
Conditional Use Permit.

Staff is recommending the City Council find that the amendment to the Clearlake Municipal Code
(CMC) is Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant
to Section 15061 (b) - Review for Exemption.

Hold first reading, read by title only, waive further reading and set second reading and adoption
for the April 1st meeting

ATTACHMENTS:

1. Ordinance No. 251-2021

Page 2 of 4
33
Item 9.

ORDINANCE NO. 251-2021

AN ORDINANCE AMENDING CHAPTER 18-18; SECTION 18-18.040 (USE REGULATIONS) - TABLE


6 OF THE CLEARLAKE MUNICIPAL CODE PERTAINING TO “SELF-STORAGE” FACILITIES WITHIN
THE “RR” RURAL RESIDENTIAL AND “MUX” MIXED USE ZONING DESIGNATIONS AMENDMENT

WHEREAS, Chapter 18-18; Section 18-18.040 (Table 6) of the Clearlake Municipal Code (CMC),
provides for limitations and permitting guidelines for Use Regulations; and

WHEREAS, on March 18, 2021 the City Council held a first reading of changes to Chapter 18-18;
Section 18-18.040 (Table 6) of the ordinance to allow “Self-Storage” Facilities in the “RR” Rural
Residential and “MUX” Mix Use Zoning Designation at a duly noticed Public Hearing; and

WHEREAS, The City Council found amending the Clearlake Municipal Code is Exempt from the
California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines (Article 5, Section
15061(b)(3), and,

WHEREAS, the City Council desires to allow “Self-Storage” Facilities within the “RR” Rural
Residential and “MUX” Mixed Use Commercial Zoning Designations upon securing a Conditional
Use Permit from the City of Clearlake, and the City Council of the City of Clearlake, State of
California does hereby ordain as follows:

FINDINGS.

SECTION 1.

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

SECTION 2:

Chapter 18-18; Section 18-18.040 (Table 6) of the Clearlake Municipal Code is hereby amended
read as follows:

A. "A. Condition Use Permit Required, Application. Pursuant to Chapter 18-18; Section 18-
18.040 (Table 6) allowing “Self-Storage” Facilities within the “RR” Rural Residential and
“MUX” Mixed Use Commercial Zoning Designations upon securing a Conditional Use
Permit from the City of Clearlake.”

B. All other sections of 18-18 of the City of Clearlake Municipal Code remain the same.

Page 3 of 4
34
Item 9.

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 fifteen (15) days
after its adoption. This Ordinance shall become effective 30 days from its adoption.

PASSED, APPROVED AND ADOPTED this 1stday of April 2021 by the following vote:

AYES:
NOES:
ABSENT:
ABSTAINING:

______________________________
Dirk Slooten, Mayor
ATTEST:

_________________________________
Melissa Swanson, City Clerk

Page 4 of 4
35
Item 10.

CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT


MEETING OF: March 18, 2021

Subject: Consideration of Second Extension of Emergency Date: March 10, 2021


Ordinance No. 241-2020 Establishing a
Moratorium on Industrial Hemp Cultivation in the
City Reviewed & Approved:

From: Ryan Jones, City Attorney


Alan Flora, City Manager

Recommended Action: Second Extension of Emergency Ordinance No. 241-2020: An


Urgency Ordinance Establishing a Moratorium on Industrial Hemp
Cultivation in the City (Four-Fifths Vote Required)

ISSUE STATEMENT AND DISCUSSION:


On December 12, 2018, the federal 2018 Farm Bill, which covers the cultivation of industrial
hemp, production of industrial hemp for agricultural research and transfer across state lines was
signed into law. The signing of the Farm Bill into law immediately removed hemp from the federal
government’s list of Schedule I controlled substances under the Controlled Substances Act of
1970.

The 2018 Farm Bill established a shared federal and state regulatory scheme over industrial hemp
cultivation. The bill requires states that permit the cultivation of industrial hemp to study the
growth, cultivation, or marketing of industrial hemp through agricultural pilot programs. The
results of the study must be submitted to Congress.

Since 2013, California has had an agricultural pilot program for industrial hemp. In 2017, that
program became effective. Under California law, cultivators of industrial hemp must register with
the appropriate county to cultivate. In response to the federal mandate, the California
Department of Food and Agriculture (CDFA) began its registration process for industrial hemp
cultivators.
1 36
Item 10.

Under both federal and state laws, industrial hemp can be grown both outdoors and indoors, but
land use and zoning restrictions are regulated by the local jurisdictions. In the County of Lake,
potential industrial hemp growers within the geographic boundaries of the county, which
includes the City of Clearlake, must register with the County of Lake Agricultural Commissioner
and must meet any applicable City land use regulations. The Lake County Agriculture
Commissioner has informed staff that they are not accepting any application for industrial hemp
cultivation until applicants have passed Federal Bureau of Investigation backgrounds checks, in
addition to other state requirements. Further, the Lake County Board of Supervisors has recently
enacted land use regulations on industrial hemp cultivation that take effect on April 24, 2020.
City staff would like the opportunity to review these regulations and develop City land use
regulations that are compatible and/or consistent with the County’s regulations.

Other than this current moratorium, the City of Clearlake does not have any land use regulations
for industrial hemp cultivation. Without specific local land use restrictions, the cultivation of
industrial hemp would not be clearly prohibited. And in the absence of any jurisdictional ban or
moratorium, the County would not be able to refuse to register an applicant.

To date, 31 of the 58 counties in California have either adopted a ban or a temporary moratorium
(although some moratoria or bans may have expired) on industrial hemp cultivation, mostly due
to the fact that the federal and state guidelines are unclear and from a practical enforcement
perspective there is speculation of whether industrial hemp can be immediately differentiated
from cannabis. In some jurisdictions that allow outdoor cannabis cultivation, the ban or
moratorium is also partly an effort to protect the cannabis industry which may potentially be
impacted by unintended cross pollination by hemp. Cannabis grown for commercial purposes are
feminized, or all-female plants, but such is not the case for hemp.

Furthermore, because cannabis and hemp plants have the same biological makeup, the plants at
first blush may appear physically identical and cause issues for law enforcement. Industrial hemp
and cannabis are from the same plant species that produces cannabidiol (CBD), an increasingly
popular ingredient used in alternative medicine. Currently, the main legal difference, under
federal law, between the definitions for industrial hemp and cannabis are the levels of
tetrahydrocannabidiol (THC), or the psychoactive component of the cannabis plant.

Hemp is defined under the 2018 Farm Bill as Cannabis plant Sativa L. that does not contain more
than .03 percent (THC). Both plants emit the same odor, particularly during certain periods of the
growth cycle. Hemp is not known to be used recreationally to get high and therefore does not
have the negative stigma often associated with cannabis. In addition, a field-testing process is
still being developed. At a minimum, significant training of city staff would be needed to make
the distinction. But without government oversight, it will be a challenge for cannabis regulators
2 37
Item 10.

and law enforcement to tell whether cultivators are growing hemp or cannabis. Further, without
any plant count restrictions, hemp can be grown in unlimited numbers both indoors and
outdoors, which can potentially create nuisance in neighborhoods and attract criminal activity.

Lastly, California’s industrial hemp laws are still evolving. California’s laws have been revised
several times since 2013, including modifying the definition of industrial hemp several times. In
addition to research purposes, California has approved the commercial sale of industrial hemp
with certain restrictions, including its registry. This process requires cultivators to register the
proposed site with the county it is located and the payment of a $900 registration fee.

On October 12, 2019, Governor Newsom signed SB 153, which updates California law to take full
advantage of the 2018 Farm Bill hemp provisions. However, SB 153 requires the California
Secretary of the Department of Food and Agriculture, in consultation with the Governor and the
Attorney General, to develop and submit a state plan to the United States Secretary of
Agriculture, on or before May 1, 2020. The USDA has 60 days to approve or deny that plan which
can be resubmitted if changes are required. Considering the volatility of hemp regulations,
adoption of local regulations should await the completion of the California legislative process.

On April 16, 2020, the City Council of the City of Clearlake voted 5-0 to adopt an Urgency
Ordinance No. 241-2020, placing a 45-day moratorium on the cultivation of industrial hemp to
allow for the City Council to consider suitable land use regulations, if any, can be completed.

On May 21, 2020, the City Council voted 5-0 to adopt Ordinance No. 243-2020, which was an
initial extension of the moratorium for the duration of 10 months and 15 days, as permitted by
state law. Therefore, the moratorium is set to expire on April 5, 2021, unless extended. California
law allows for one additional extension of one year, which would allow the moratorium to be
extended until April 4, 2022.

Environmental Considerations:
This action is exempt from the California Environmental Quality Act (CEQA) because it is the
adoption of an ordinance, rule, or regulation that requires discretionary review, including
environmental review, and approval of permits, licenses, or other authorizations to engage in
commercial cannabis activity (CEQA Guidelines sections 15061(B)(1), California Business and
Professions Code section 26055(h)) and because it does not have the potential for causing a
significant effect on the environment (CEQA Guidelines section15061(b)(3)).

FINANCIAL IMPLICATIONS:

3 38
Item 10.

No impact

Attachment:

 Draft Ordinance No. 250-2021: SECOND EXTENSION OF AN INTERIM ORDINANCE


IMPOSING A MORATORIUM ON INDUSTRIAL HEMP CULTIVATION FOR A PERIOD OF 1
YEAR

4 39
Item 10.

ORDINANCE NO. 250-2021

SECOND EXTENSION OF AN INTERIM ORDINANCE


IMPOSING A MORATORIUM ON INDUSTRIAL HEMP
CULTIVATION IN THE CITY

WHEREAS, as of January 1, 2019, both California and federal law allow the cultivation
and sale of industrial hemp. Since 2013, California has regulated the cultivation and sale of
industrial hemp for both commercial and research purposes. (California Food and Agricultural
Code, sections 81000-81011.) On January 1, 2019, the federal government decriminalized hemp
by removing it from the list of Schedule 1 controlled substances under the Controlled Substances
Act of 1972 and authorized an agricultural research pilot program for the growth, cultivation, and
marketing of industrial hemp. (7 U.S.C.A., sections 1639o and 5940; and 21 U.S.C.A., section
802(16)(B).); and

WHEREAS, under California law, an individual or organization must register with the
county agricultural commissioner to cultivate hemp. Recently, the California Department of Food
and Agriculture and the County of Lake have made registration available. The County has not
registered any individual yet, but the County did enact land use regulations for industrial hemp
cultivation to be effective April 24, 2020; and

WHEREAS, the City of Clearlake has no regulations regarding the cultivation of industrial
hemp. Subject to certain exceptions, the City prohibits uses of land that are not specifically listed
in its zoning code. The Clearlake Municipal Code does not expressly allow the cultivation of
industrial hemp; and

WHEREAS, the regulatory scheme for industrial hemp is changing. For example, under
federal and California law, the definition for industrial hemp has already changed several times in
the past five years. (7 U.S.C.A., section 5940 (2014 and 2018 versions); California Food and
Agricultural, sections 81000(d) (2013, 2016, and 2018 versions)); and

WHEREAS, on October 12, 2019, Governor Newsom signed SB 153, which updates
California law to take full advantage of the 2018 Farm Bill hemp provisions. However, SB 153
requires the California Secretary of the Department of Food and Agriculture, in consultation with
the Governor and the Attorney General, to develop and submit a state plan to the United States
Secretary of Agriculture, on or before May 1, 2020. The USDA has 60 days to approve or deny
that plan which can be resubmitted if changes are required. Considering the volatility of hemp
regulations, adoption of local regulations should await the completion of the California legislative
process.

WHEREAS, further, the methods to distinguish and identify industrial hemp (the non-
intoxicating Cannabis sativa L. plant) from cannabis (the psychotropic version of the plant) are
also complex and evolving. Industrial hemp and cannabis are derivatives of the same plant,
Cannabis sativa L. Currently, under California law, industrial hemp is largely distinguished from
cannabis by the amount of tetrahydrocannabinol (THC), the psychoactive chemical in the plant. If

1 40
Item 10.

the plant has less than 0.3% THC, it is categorized industrial hemp. As such, industrial hemp and
cannabis may be difficult to distinguish without a chemical analysis for the presence of THC
content. The federal Drug Enforcement Administration is in the process of seeking companies to
develop test kits that can verify THC content at a cultivation site. There may be other ways to
distinguish cannabis and from hemp through the physical characteristics of the plants. However,
such expertise requires training and the investigation could be time consuming and labor intensive.
This difficulty in distinguishing industrial hemp from cannabis plants may adversely affect the
public health, safety, or welfare of the residents or visitors of the City of Clearlake because
individuals may claim that cannabis plants are hemp plants thus thwarting enforcement efforts and
causing an increase in crime.

WHEREAS, on April 16, 2020, the City Council of the City of Clearlake voted 5-0 to
adopt an Urgency Ordinance No. 241-2020, placing a 45-day moratorium on the cultivation of
industrial hemp to allow for the City Council to consider suitable land use regulations, if any, can
be completed.

WHEREAS, on May 21, 2021, the City Council of the City of Clearlake voted 5-0 to adopt
an extension of the Urgency Ordinance No. 243-2020, extending the moratorium by 10 months
and 15 days until April 5th, 2021, on the cultivation of industrial hemp to allow for the City Council
to consider suitable land use regulations, if any, can be completed.

WHEREAS, the Council desires to further extend the moratorium. Pursuant to California
Government Code section 65858, subdivision (a) this interim ordinance prohibiting the cultivation
of industrial hemp may be extended one additional year from April 5, 2021, to April 4, 2022.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CLEARLAKE


DOES ORDAIN AS FOLLOWS:

Section 1. Extension. The City Council of the City of Clearlake hereby extends Urgency
Ordinance 241-2020, in its entirety, which thereby places a moratorium on the cultivation of
industrial hemp for a period of one additional year from the end of the first extension, which
thereby extends the moratorium to April 4, 2022.

Section 2. Immediate Effect. Consistent with Government Code Section 65858, this
ordinance shall take effect immediately upon the expiration of Urgency Ordinance 243-2020
(April 5, 2021) and the existing provisions of the code previously affected by this Ordinance
will continue in force unaffected upon the expiration of this time period consistent with
Government Code Section 65858 or as amended during this time period by the Clearlake City
Council. The ordinance may be extended further by one year pursuant to action of the City
Council consistent with the requirements of California Government Code Section 65858.

SECTION 3. Severability. If any portion of this ordinance is found to be unenforceable, each


such provision shall be severed, and all remaining portions of this ordinance shall be enforced to
the maximum extent legally permissible.

41
Item 10.

SECTION 4. Certification. The City Clerk shall certify to the passage and adoption of this
ordinance as required by law.

PASSED, APPROVED AND ADOPTED this 18th day of March, 2021 by the following
vote:

AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
____________________________
Dirk Slooter, Mayor
ATTEST:

______________________________
Melissa Swanson, City Clerk

42
Item 10.

I, Melissa Swanson, City Clerk of Clearlake, do hereby certify that the foregoing
urgency ordinance was introduced and adopted at a meeting thereof on the 18th day of March,
2021.

_______________________________
Melissa Swanson, City Clerk

43
Item 11.

CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: March 18, 2021

Subject: Approval of Updated Salary Ranges for the Police Date: March 12, 2021
Trainee Position and the Finance Director Position
and Adoption of Updated Salary Schedule;
Resolution No. 2021-16 Reviewed & Approved:

From: Melissa Swanson, Administrative Services


Director/City Clerk
Recommended Action: Approve updated salary ranges and salary schedule and adopt
resolution

ISSUE STATEMENT AND DISCUSSION:

As your Council is aware, the Police Department, like many other agencies, continues to struggle
with recruiting to fill police officer vacancies. In an effort to remain competitive in recruitment,
staff recommends the City Council authorize the Police Department to underfill vacant police
officer positions with recruits enrolled in the academy who have completed the City’s hiring
process for police officer. The City previously created a Police Officer Trainee classification in
2007, which would be appropriate for this situation. This Trainee position would be a non-sworn
classification at a temporary, part-time status. This position was originally adopted in 2007 at
Salary Range 5. This range is no longer valid therefore staff is recommending updating the Salary
Range to be equal to the CSO position at Range 30. The job description is attached.

Additionally, as your Council is also aware, staff has recruited several times for a Finance Director
and has been unsuccessful in hiring a successor to the prior incumbent. Currently, Chief White
has accepted the position on an interim, part-time basis in addition to his police chief duties.
While this has been an excellent choice to redirect and organize the department, this is not a
sustainable, long-term solution and it is in the best interest of the City and Chief White to
successfully recruit a permanent Finance Director.

Staff completed an informal survey of surrounding cities’ Finance Director salary and benefits
(see attached). The City’s salary range for Finance Director is $92,978 - $113,016. The average
pay for local, similar sized cities is $115,744, with similar benefits funding.

It is vital to fill the Finance Director position as soon as possible. Your Council also approved the
Recruitment Incentive Program and staff will be reviewing appropriate recruitment incentives. It

1 44
Item 11.

is staff’s recommendation to increase the Finance Director Salary Range from Range 67 to Range
69: $97,627.80 - $118,667.20 in order to offer a competitive wage for the position.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The Police Officer Trainee position will be funded for the remainder of the fiscal year with savings
from vacant police officer positions. The increase in the Finance Director position will be funded
through current salary savings from the vacant position.

Attachments:
Police Officer Trainee job description
Finance Director Short Salary Survey
Resolution No. 2021-16
Updated Salary Schedule

2 45
Item 11.

CITY OF CLEARLAKE
POLICE OFFICER TRAINEE

DEFINITION

Under close supervision works as a non-sworn employee a minimum of twenty-hours a month for the Police
Department while attending a Peace Officers Standards and Training (P.O.S.T.) Commission basic academy
course.

DISTINGUISHING CHARACTERISTICS

The Police Officer Trainee is a recruiting and training level classification established to qualify candidates for
duties as a Police Officer I in the Clearlake Police Department. Incumbents of this class undergo a formal, full-
time comprehensive training program in a P.O.S.T. certified academy. Incumbents must qualify for promotion to
Police Officer I within one year of employment or separate from City service. Positions in this class are
distinguished from Police Officer I and II in that Police Officer Trainee is a non-sworn class which has no peace
officer powers and incumbents are temporary part-time employees.

EXAMPLES OF DUTIES
Duties include but are not limited to those described below. Reasonable accommodation will be made when
requested and determined by the City to be appropriate under applicable law.

As a trainee, receives instruction in the following areas: Identification and utilization of principles and techniques
that promote community service, crime prevention, and appropriate behavior; enforcement and procedural aspects
of criminal law and the legal obligations inherent in enforcement of those laws; proficient application of the rules
of evidence; effective and professional communication through written, oral, and mechanical media; operation of
an emergency vehicle which includes skid training, high speed pursuit, defensive driving, and emergency driving;
firearm training in order to learn good judgment and competency in the use of deadly force, and ancillary police
weaponry, and weaponless defense; safely and effectively accomplishing the patrol function consisting of
patrolling a designated area of the City in a patrol car in order to preserve law and order, and to prevent and
discover the commission of crimes; effectively dealing with common vehicle violations by learning to recognize
the violation, locating the violations in the Vehicle Code, and safely and professionally contacting the violator;
basic criminal investigation processes and techniques, including the identification, collection, and preservation
of evidence, courtroom testimony, and witness interrogation; processing, confirming, and caring for adult and
juvenile prisoners in such a manner as to protect the prisoner's rights and welfare; physical fitness and defense
techniques program; first aid, including Cardio-Pulmonary Resuscitation techniques; and other related courses or
programs as required.

MINIMUM QUALIFICATIONS
Any combination of education and experience that would likely provide the required knowledge, skills and abilities
is qualifying. A typical way to obtain the required knowledge, skills and abilities would be:

Education: Equivalent to completion of the twelfth grade.

Experience: None required.

License: Possession of a valid California Driver’s License as issued by the State Department of Motor
Vehicles.

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Item 11.

Peace Officer Status Requirements: Police Officer Trainee’s train to become peace officers and must meet
all of the minimum standards pursuant to state penal and government codes, including:
Age: Must be at least 18 years of age.
Citizenship: Must be a U.S. citizen or a permanent resident alien who has applied for citizenship. A
permanent resident alien who has applied for citizenship will be required, if appointed, to provide yearly
proof of application status with the Immigration and Naturalization Service (INS). Failure to cooperate
with the INS or denial of citizenship will result in termination of employment.
Felony Convictions: Must not have been convicted of a felony. Convictions for misdemeanors and/or
traffic offenses will be assessed to determine fitness for appointment.
Medical/Psychological Examination: Must submit to medical and psychological examinations if a
conditional offer of employment is made. The psychological examination includes completion of a
written psychological assessment and an interview with a City-appointed psychologist.

Ability to: Pass extensive background investigation which includes a polygraph examination; pass the
academy entrance examination. Through training, acquire knowledge of modern approved principles,
practices, and procedures of law enforcement, state laws, local ordinances and first aid; write clearly,
accurately, concisely, legibly, and with correct English grammatical construction and spelling;
demonstrate an aptitude for law enforcement work; understand and carry out oral and written instructions;
observe, assimilate, remember, record, and recall pertinent facts and details, learn standard broadcasting
procedures of the City radio system; apply selected knowledge (i.e. laws, statutes, court decision,
department policies, criminal investigation theories, etc.) in collecting, organizing, and analyzing a variety
of information in order to decide on an appropriate and reasonable course of action; analyze problems and
have the potential to rationally and calmly take effective action in emergency and stressful situations; deal
courteously with the general public assisting the residents in solving community problems to improve the
safety and quality of life in the communities they serve; establish and maintain cooperative working
relationships with co-workers, other city employees and the numerous agencies involved in the criminal
justice field; develop skills and safety procedures in the use of firearms; undergo strenuous physical
conditioning. Satisfactorily complete a Peace Officer Standards and Training (P.O.S.T.) approved
California Peace Officer Academy; and promote to Police Officer I within the one year.

Adopted December 17, 2007, Resolution No. 56-2007

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Item 11.

City Base Salary Range 2019 Incumbent Paid: Other Pay Retirement Cost Covered By ER Defined Benefit Plan Contribution Health Benefits Paid by ER Deferred Comp Paid by ER Retirement Formula for EE Unfunded Liability Payments Included ?

Clearlake $92,978 - $113,016 Cell/Vehicle Allowance None Varies Yes None 2% @ 62 if PEPRA EE No

Cloverdale $110,451 - $134,254 $ 112,328.00 $ 138.00 None $ 7,813.00 $ 9,410.00 None 2% @ 62 No


Colusa $119,727 - $124,875 $ 119,727.00 $ 5,148.00 None $ 11,757.00 $ 14,431.00 None 2% @ 55 No
Fort Bragg $95,202 - $115,710 $ 113,667.00 None $ 8,229.00 $ 23,034.00 None 2% @ 62 No
Marysville $110,000 - $123,000 $ 101,250.00 None $ 6,729.00 $ 26,244.00 None 2% @ 62
Ukiah $138,975 - $168,925 $ 144,471.00 $ 43,500.00 None $ 20,963.00 $ 10,699.00 None 2.7% @ 55 No
Williams $119,754 $ 119,754.00 $8,082 $ 15,581.00 $ 17,400.00 $1,200 2% @ 55 No
Willits $83,658 - $101,687 $ 99,013.00 None $ 7,133.00 $ 19,906.00 None 2% @ 62 No

Average: $ 115,744.29

48
Item 11.

RESOLUTION NO. 2021-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF


CLEARLAKE APPROVING SALARY RANGE FOR THE POLICE OFFICER
TRAINEE AND FINANCE DIRECTOR POSITIONS

WHEREAS, the City has a need for a Police Officer Trainee and Finance Director
positions; and

WHEREAS, the Council has considered the salary ranges for both positions at a duly
noticed public meeting and found adjustments necessary to offer competitive wages.

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


that the Salary Schedule in Exhibit A attached hereto is hereby approved and the annual
salary ranges is hereby set at Range 30 for the Police Officer Trainee position and at
Range 67 for the Finance Director position.

PASSED AND ADOPTED on March 18, 2021 by the following vote:

AYES:
NOES:
ABSTAIN:
ABSENT:

_________________________
Mayor, City of Clearlake

ATTEST:

_______________________________
City Clerk, City of Clearlake

49
Item 11.
City of Clearlake
FY 2020-2021 Salary Schedule
Updated/Eff.
MONTHLY (Payroll Base) ANNUAL HOURLY (Payroll Input)
Position UNIT RANGE A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step
Maintenance Worker I CMEA 11 2,137.62 2,244.50 2,356.73 2,474.56 2,598.29 25,651.44 26,934.01 28,280.71 29,694.75 31,179.49 12.3324 12.9490 13.5965 14.2763 14.9901
Office Worker CMEA 11 2,137.62 2,244.50 2,356.73 2,474.56 2,598.29 25,651.44 26,934.01 28,280.71 29,694.75 31,179.49 12.3324 12.9490 13.5965 14.2763 14.9901
Office Assistant I CMEA 13 2,244.50 2,356.73 2,474.56 2,598.29 2,728.20 26,934.00 28,280.70 29,694.74 31,179.47 32,738.45 12.9490 13.5965 14.2763 14.9901 15.7396
Kennel Technician CMEA 15 2,356.73 2,474.57 2,598.29 2,728.21 2,864.62 28,280.76 29,694.80 31,179.54 32,738.51 34,375.44 13.5965 14.2763 14.9902 15.7397 16.5267
Office Assistant II CMEA 18 2,536.43 2,663.25 2,796.41 2,936.23 3,083.05 30,437.16 31,959.02 33,556.97 35,234.82 36,996.56 14.6333 15.3649 16.1332 16.9398 17.7868
Maintenance Worker II CMEA 21 2,728.21 2,864.62 3,007.85 3,158.24 3,316.16 32,738.52 34,375.45 36,094.22 37,898.93 39,793.88 15.7397 16.5267 17.3530 18.2206 19.1317
Facilities Maintenance Worker II CMEA 21 2,728.21 2,864.62 3,007.85 3,158.24 3,316.16 32,738.52 34,375.45 36,094.22 37,898.93 39,793.88 15.7397 16.5267 17.3530 18.2206 19.1317
Office Assistant/Secretary CMEA 24 2,936.23 3,083.04 3,237.19 3,399.05 3,569.01 35,234.76 36,996.50 38,846.32 40,788.64 42,828.07 16.9398 17.7868 18.6761 19.6099 20.5904
Account Clerk CMEA 26 3,083.04 3,237.19 3,399.05 3,569.00 3,747.45 36,996.48 38,846.30 40,788.62 42,828.05 44,969.45 17.7868 18.6761 19.6099 20.5904 21.6199
Code Enforcement Technician CMEA 26 3,083.04 3,237.19 3,399.05 3,569.00 3,747.45 36,996.48 38,846.30 40,788.62 42,828.05 44,969.45 17.7868 18.6761 19.6099 20.5904 21.6199
Grants Technician CMEA 26 3,083.04 3,237.19 3,399.05 3,569.00 3,747.45 36,996.48 38,846.30 40,788.62 42,828.05 44,969.45 17.7868 18.6761 19.6099 20.5904 21.6199
Planner, Technician CMEA 26 3,083.04 3,237.19 3,399.05 3,569.00 3,747.45 36,996.48 38,846.30 40,788.62 42,828.05 44,969.45 17.7868 18.6761 19.6099 20.5904 21.6199
Secretary/Permit Technician CMEA 26 3,083.04 3,237.19 3,399.05 3,569.00 3,747.45 36,996.48 38,846.30 40,788.62 42,828.05 44,969.45 17.7868 18.6761 19.6099 20.5904 21.6199
Maintenance Worker III CMEA 29 3,316.15 3,481.96 3,656.06 3,838.86 4,030.80 39,793.80 41,783.49 43,872.66 46,066.30 48,369.61 19.1316 20.0882 21.0926 22.1473 23.2546
Support Services Technician I CMEA 29 3,316.15 3,481.96 3,656.06 3,838.86 4,030.80 39,793.80 41,783.49 43,872.66 46,066.30 48,369.61 19.1316 20.0882 21.0926 22.1473 23.2546
Building Inspector I CMEA 32 3,569.01 3,747.46 3,934.83 4,131.58 4,338.15 42,828.12 44,969.53 47,218.00 49,578.90 52,057.85 20.5904 21.6200 22.7010 23.8360 25.0278
Maintenance Worker, Senior CMEA 32 3,569.01 3,747.46 3,934.83 4,131.58 4,338.15 42,828.12 44,969.53 47,218.00 49,578.90 52,057.85 20.5904 21.6200 22.7010 23.8360 25.0278
Facilities Coordinator/Dep City Clerk CMEA 34 3,747.46 3,934.83 4,131.57 4,338.15 4,555.06 44,969.52 47,218.00 49,578.90 52,057.84 54,660.73 21.6200 22.7010 23.8360 25.0278 26.2792
Planner I, Assistant CMEA 34 3,747.46 3,934.83 4,131.57 4,338.15 4,555.06 44,969.52 47,218.00 49,578.90 52,057.84 54,660.73 21.6200 22.7010 23.8360 25.0278 26.2792
Building Inspector II CMEA 36 3,934.83 4,131.57 4,338.15 4,555.06 4,782.81 47,217.96 49,578.86 52,057.80 54,660.69 57,393.73 22.7009 23.8360 25.0278 26.2792 27.5931
Associate Planner CMEA 39 4,232.34 4,443.96 4,666.15 4,899.46 5,144.44 50,788.08 53,327.48 55,993.86 58,793.55 61,733.23 24.4173 25.6382 26.9201 28.2661 29.6794
Engineering Technician CMEA 45 4,899.47 5,144.44 5,401.67 5,671.75 5,955.34 58,793.64 61,733.32 64,819.99 68,060.99 71,464.04 28.2662 29.6795 31.1635 32.7216 34.3577

Code Enforcement Officer I CPA 28 3,237.20 3,399.06 3,569.01 3,747.46 3,934.84 38,846.40 40,788.72 42,828.16 44,969.56 47,218.04 18.6762 19.6100 20.5905 21.6200 22.7010
Animal Control Officer CPA 30 3,399.06 3,569.01 3,747.46 3,934.84 4,131.58 40,788.72 42,828.16 44,969.56 47,218.04 49,578.94 19.6100 20.5905 21.6200 22.7010 23.8360
Support Services Tech CPA 30 3,399.06 3,569.01 3,747.46 3,934.84 4,131.58 40,788.72 42,828.16 44,969.56 47,218.04 49,578.94 19.6100 20.5905 21.6200 22.7010 23.8360
Community Service Officer CPA 30 3,399.06 3,569.01 3,747.46 3,934.84 4,131.58 40,788.72 42,828.16 44,969.56 47,218.04 49,578.94 19.6100 20.5905 21.6200 22.7010 23.8360
Police Dispatcher CPA 31 3,481.96 3,656.06 3,838.86 4,030.80 4,232.34 41,783.52 43,872.70 46,066.33 48,369.65 50,788.13 20.0882 21.0926 22.1473 23.2546 24.4174
Code Enforcement Officer, Senior CPA 32 3,569.01 3,747.46 3,934.83 4,131.58 4,338.15 42,828.12 44,969.53 47,218.00 49,578.90 52,057.85 20.5904 21.6200 22.7010 23.8360 25.0278
Police Officer CPA 42 4,555.06 4,782.81 5,021.95 5,273.05 5,536.70 54,660.72 57,393.76 60,263.44 63,276.62 66,440.45 26.2792 27.5932 28.9728 30.4214 31.9425
Code Supervisor/Building Inspector CPA 45 4,899.47 5,144.44 5,401.67 5,671.75 5,955.34 58,793.64 61,733.32 64,819.99 68,060.99 71,464.04 28.2662 29.6795 31.1635 32.7216 34.3577
Police Investigator P/T hourly 28.3600
Police Trainee (P/T) hourly 19.6100

Admin Assistant MGT 50 5,119.45 5,375.42 5,644.20 5,926.41 6,222.73 61,433.43 64,505.10 67,730.35 71,116.87 74,672.71 29.5353 31.0121 32.5627 34.1908 35.9003
Public Works Superintendent MGT 60 6,533.87 6,860.56 7,203.59 7,563.77 7,941.96 78,406.42 82,326.74 86,443.07 90,765.23 95,303.49 37.6954 39.5802 41.5592 43.6371 45.8190
Senior Planner MGT 60 6,533.87 6,860.56 7,203.59 7,563.77 7,941.96 78,406.42 82,326.74 86,443.07 90,765.23 95,303.49 37.6954 39.5802 41.5592 43.6371 45.8190
Admin. Services Dir./City Clerk MGT 62 6,860.56 7,203.59 7,563.76 7,941.95 8,339.05 82,326.69 86,443.02 90,765.17 95,303.43 100,068.60 39.5801 41.5591 43.6371 45.8190 48.1099
Police Lieutenant MGT 64 7,203.59 7,563.77 7,941.96 8,339.05 8,756.01 86,443.06 90,765.21 95,303.47 100,068.65 105,072.08 41.5592 43.6371 45.8190 48.1099 50.5154
City Engineer MGT 65 7,379.29 7,748.26 8,135.67 8,542.45 8,969.58 88,551.51 92,979.09 97,628.04 102,509.44 107,634.91 42.5728 44.7015 46.9366 49.2834 51.7476
Public Works Director MGT 66 7,563.77 7,941.96 8,339.05 8,756.01 9,193.81 90,765.21 95,303.47 100,068.65 105,072.08 110,325.68 43.6371 45.8190 48.1099 50.5154 53.0412
Director of Finance MGT 69 8,135.65 8,542.43 8,969.55 9,418.03 9,888.93 97,627.80 102,509.19 107,634.65 113,016.38 118,667.20 46.9364 49.2833 51.7474 54.3348 57.0515
Police Captain MGT 68 7,941.95 8,339.05 8,756.00 9,193.80 9,653.49 95,303.45 100,068.62 105,072.05 110,325.65 115,841.94 45.8190 48.1099 50.5154 53.0412 55.6932
Assistant City Manager MGT 72 8,756.01 9,193.81 9,653.50 10,136.17 10,642.98 105,072.10 110,325.71 115,841.99 121,634.09 127,715.80 50.5154 53.0412 55.6933 58.4779 61.4018
Police Chief MGT CONTRACT 11,764.99 - - - - 141,179.90 - - - - 67.8750
City Manager MGT CONTRACT 12,823.84 - - - - 153,886.05 - - - - 73.9837

Records & Communication Officer MMA 45 4,997.46 5,247.33 5,509.70 5,785.18 6,074.44 59,969.52 62,968.00 66,116.40 69,422.22 72,893.33 28.8315 30.2731 31.7867 33.3761 35.0449
Public Works Supervisor MMA 47 5,247.33 5,509.70 5,785.18 6,074.44 6,378.16 62,967.96 66,116.36 69,422.18 72,893.28 76,537.95 30.2731 31.7867 33.3760 35.0448 36.7971
Police Sergeant MMA 52 5,929.81 6,226.30 6,537.62 6,864.50 7,207.72 71,157.72 74,715.61 78,451.39 82,373.96 86,492.65 34.2104 35.9210 37.7170 39.6029 41.5830
50

https://clearlakepdorg.sharepoint.com/sites/CityCouncilAgendas/Shared Documents/2021/03-18-21/Copy of !Salary schedule FY 20-21 rev 03-12-2021


Item 12.

CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT


MEETING OF: March 18, 2021

Subject: Consideration of Employment Services


Agreement with Alan Flora as City Manager

Reviewed & Approved:

From: Ryan R. Jones, City Attorney

Recommended Action: Motion to approve Employment Services Agreement for City


Manager with Alan Flora

ISSUE STATEMENT AND DISCUSSION:

Mr. Flora has served as the City Manager since March 14, 2019. Prior to that, Mr. Flora was the
City’s Assistant City Manager and Finance Director. Under Mr. Flora’s leadership and following
the policy direction of the City Council, the City has seen many improvements in the community
over the past two years.

Accordingly, the City Council is considering rescinding Mr. Flora’s current City Manager
contract, and approving the attached new Employment Services Agreement. The key
components of the new Agreement are the following:

The Agreement is for a term of 5 years. Commencing immediately upon approval, Mr. Flora
would receive a 7.5% salary increase, which brings his monthly salary to $13,785.63.
Contingent upon a favorable evaluation from the City Council and the Local Economic
Benchmark exceeding audited revenues from fiscal year 19-20, Mr. Flora would receive a 3%
raise on July 1 of each year thereafter.

Pursuant to subsection (3) to Government Code § 54953(c), prior to the City Council taking final
action, staff will provide an oral report summarizing the financial highlights of the proposed
Agreement.

1
51
Item 12.

FINANCIAL IMPLICATIONS:

In the first year of the contract, the net annual cost to the City is approximately $11,000. If Mr.
Flora receives the salary increases in years 2-5 of the contract, the net annual cost to the City
would be approximately $5,000.

Attachment: Proposed Employment Services Agreement with Mr. Flora

2
52
Item 12.

CITY OF CLEARLAKE
EMPLOYMENT SERVICES AGREEMENT

CITY MANAGER

1. PARTIES AND DATE.

This Employment Services Agreement (hereinafter referred to as the "Agreement") is


made and entered into this March 18, 2021 ("Effective Date") by and between the City of
Clearlake, a California municipal corporation (hereinafter referred to as "City") and Alan D.
Flora (hereinafter referred to as "Employee"). City and Employee are sometimes individually
referred to herein as "Party" and collectively as "Parties".

2. RECITALS.

City desires to continue to employ the services of Employee as City Manager for the City
of Clearlake and Employee desires to accept employment as City Manager. It is the desire of
the Parties through this Agreement to provide for certain benefits, establish conditions of
employment and to set working conditions for Employee.

Employee currently serves the City as the City Manager and has an agreement, dated
March 14, 2019, with the City reflecting that employment relationship. Upon execution of this
Agreement, the Employee’s agreement, dated March 14, 2019, is terminated immediately and
replaced with this Agreement.

3. TERMS.

3.1 Duties.

3.1.1 Designated Duties. City hereby agrees to employ Employee as City


Manager to perform the functions and duties pertaining to the City
Manager position, and to perform other legally permissible duties and
such functions as the City Council shall from time to time assign. The City
Council shall have the authority to determine the specific duties and
functions that Employee shall perform under the Agreement and the
means and manner by which Employee shall perform those duties and
functions. Employee agrees to devote all business time, skill, attention
and best efforts to the discharge of the duties and functions assigned by
the City Council.

3.1.2 Control and Supervision. Employee shall serve at the will and pleasure
of the City Council

3.1.3 City Council Meetings. Employee shall attend all City Council meetings
of the City of Clearlake unless directed otherwise or excused. Employee
1 53
Item 12.

shall also attend all regular meetings of the Planning Commission until
such time as a planning director may be employed or contracted as well
as any other special meetings and workshops and such other meetings
as are determined necessary for the business of the city.

3.2 Conditions of Employment.

3.2.1 During the term of the Agreement, Employee shall not engage in any
business or transaction or maintain a financial interest which conflicts, or
reasonably might be expected to conflict, with the proper discharge of
Employee's duties under this agreement.

3.2.2 The City Manager is an exempt employee but is expected to engage in


those hours of work that are necessary to fulfill the obligations of the
position. Employee does not have set hours of work as Employee is
expected to be available at all times.

It is recognized that Employee must devote a great deal of time to the


business of the city outside of the city's customary office hours, and to
that end Employee's schedule of work each day and week shall vary
in accordance with the work required to be performed. Employee shall
spend sufficient hours on site to perform Employee's duties; however,
Employee has discretion over Employee's work schedule and work
location.

3.3 Compensation and Benefits and Other Considerations. For services rendered
pursuant to this Agreement, Employee shall receive the following
compensation:

3.3.1 Compensate Employee at a rate $13,785.63 per month. Compensation


shall be paid bi-weekly at the same time as other employees of City are
paid and shall be subject to all applicable taxes, insurance and other
required deductions.

a. Each year on or about the anniversary of this Agreement, the


council shall perform an annual review of performance of
Employee with the potential of salary and benefit adjustment.
Salary adjustments made under this clause are considered
separate from any cost-of-living adjustment that may be made as
set forth below.

b. On July 1, 2022, and each year thereafter for the term of the
agreement the Employee shall receive a 3% salary adjustment,

2 54
Item 12.

contingent upon:

a. a positive evaluation from a majority of the City Council


members.
b. The Local Economic Benchmark, which is defined as secured
property tax revenue, Bradley-Burns sales tax, and transient
occupancy tax, exceeds audited revenues from fiscal year 19-
20

c. City agrees to adjust Employee's annual salary by a cost-of-living


adjustment on the same percentage amount and at the same time
as cost-of-living adjustments are made to City's management
salary ranges.

d. City shall not at any time during the term of this agreement reduce
the base salary, compensation or other financial benefits of
Employee, unless as part of a general City management salary
reduction, and then in no greater percentage than the average
reduction of all City department heads or unless otherwise
renegotiated.

3.3.2 Employee will be responsible for paying the Employee's share of the
CalPERS retirement contribution cost (7%).

3.3.3 The Council agrees to provide Employee health, vision and dental
insurance as is provided to management employees as set forth in
the Management Employees Classification and Benefit Plan and any
other documents that designate management benefits.

3.3.4 The Council agrees to provide Employee life insurance coverage equal
to that provided to management employees as set forth in the
Management Employees Classification and Benefit Plan and any
other documents that designate management benefits.

3.3.5 The Council shall provide Employee with disability insurance


coverage equal to that provided to other full-time employees of city.

3.3.6 If Employee serves the full term of the agreement, March 18, 2021
through March 18, 2026, City shall deposit an amount equal to 3% of
each year’s base salary into a deferred retirement account of Employee’s
choosing.

3.3.7 Employee will earn 120-hours vacation accrual annually, accrued at


3 55
Item 12.

10 hours per month commencing on the effective date of the


employment agreement.

3.3.8 The City Manager position is classified as "exempt" under the Fair
Labor Standards Act and Employee shall not be entitled to the
payment of overtime. Employee shall be entitled to executive leave
of 120 hours per employment year with full pay. Hours shall be
credited on January 1st of each year. Executive leave does not
accumulate and is not earned vacation time or benefit. Executive
leave days not used at the end of the calendar year are lost. Sell back
of executive leave is per the Management Benefit Plan.

3.3.9 Employee shall accrue sick leave at a rate of eight (8) hours per
calendar month of service.

3.3.10 Employee shall be entitled to holiday leave consistent with the City's
holiday policy.

3.3.11 Employee shall be entitled to bereavement leave consistent with the


City's policy.

3.3.12 Leave Accrual:

A. Employee shall be allowed to earn vacation accrual credit to a


maximum of 240 hours. Employee will not be allowed to earn
more than the maximum accrual. Should Employee's vacation
leave credits reach the maximum, Employee shall cease to earn
any additional vacation credits until the leave balance is reduced
sufficiently to allow additional credits to be added without
exceeding the maximum accrual unless authorized due to
extenuating circumstances by the city council.

B. On termination of Employee, Employee shall receive pay for


any unused vacation accrual.

C. On termination, employee shall be eligible for sick leave payout as


provide to management employees as set forth in the
Management Employees Classification and Benefit Plan and any
other documents that designate management benefits.

3.3.13 Employee will be provided a stipend in the amount of $400 per month to
partially reimburse Employee's cost of operation, insurance and
availability of Employee's personal vehicle as well as use of Employee’s

4 56
Item 12.

personal cell phone for City business. Employee is not precluded from
using City vehicles for City business, during, before and after the normal
workday if needed.

3.3.14 Dues, expenses, professional development.

A. The Council will budget sufficient funds to cover dues and


subscriptions of the City Manager necessary for continued and full
participation in regional, state and local associations and
organizations necessary and desirable for the full representation of
the City's interests. The City shall also pay City Manager's dues for
membership in the International City Management Association,
provided any travel expenses to attend functions of this organization.
It is also provided that the City Manager may request to join other
associations and organizations, and, if approved, the City shall pay
such other dues and appropriate expenses.

B. The Council recognizes that certain expenses of a non-personal and


generally job-related nature are incurred by the Employee in the
performance of Employee's duties and responsibilities. The Council
agrees to reimburse or to pay said general expenses on receipt of
duly executed expense or petty cash vouchers, receipts or
statements, attached to a monthly request for reimbursement form.

C. Council agrees to budget a sufficient amount of money to pay for the


registration, travel and subsistence of Employee to adequately
pursue necessary official functions for the City, short courses,
institutions, seminars and other functions that are necessary for
Employee's professional development and for the good of the city.
These shall include but not be limited to the California City
Management Association and the League of California Cities.

D. Any expenses of a purely personal nature while participating in any


organization shall be borne by Employee. Employee agrees to obtain
prior approval for expenses unless specifically provided in the annual
budget.

3.4 Status and Authority of Employee.

3.4.1 Employee shall at all times be considered an agent or employee of the


City.

3.4.2 Subject to the prior authorization of the City Council, Employee may act
as a representative of City in such a manner as may be required to
carry out Employee's duties hereunder.
5 57
Item 12.

3.5 Term of Agreement. The term of this Agreement shall commence on March 18,
2021, and remain in effect for a term of five (5) years, ending on March 18, 2026.
The term of the Agreement may be extended in one (1) year increments only
upon mutual written agreement of both parties.

3.6 Termination.

3.6.1 This Agreement may be terminated with or without cause at any time
upon thirty (30) days advance written notice given by Employee to City
or immediately upon written notice by City to Employee. Notice of
termination may be delivered personally or by mail. All notices
permitted or required under this Agreement shall be given to the
respective parties at the following address or at such other address as
the respective parties may provide in writing for this purpose:

CITY: City of Clearlake


14050 Olympic Drive
Clearlake, CA 95422
ATTN: Mayor

EMPLOYEE: Alan D. Flora


Address on File with City Clerk

6 58
Item 12.

3.6.2 Employee will have no recourse or right to appeal City's decision to


terminate Employee except as provided by applicable law.

3.6.3 Notwithstanding the above, Employee may voluntarily resign


employment with the city by giving 30 days written notice in advance
of the last day of employment. However, both parties may mutually
agree to a shorter period. In the event of a voluntary resignation,
Employee is not entitled to any other compensation except for normal
compensation for the 30-day period, pro- rated, following the notice of
resignation and the value of all accrued benefits unless otherwise
agreed to by parties.

3.6.4 For purposes of this agreement, "cause" shall mean any of the
following:

A. Conviction of a felony
B. Conviction of a misdemeanor arising out of Employee's duties
under this Agreement
C. Conviction of any crime involving an "Abuse of office or position"
as that term is defined in Government Code section 53243.4
D. Willful abandonment of duties
E. Repeated failure to carry out a directive or directives of the City
Council
F. Any grossly negligent action or inaction by Employee that materially
and adversely:
i. impedes or disrupts the operations of the City or its
organizational units;
ii. is detrimental to employees or public safety;
iii. violates rules or procedures of City.

3.6.5 City may suspend or terminate Employee with cause by the affirmative
vote of three members of the Council.
The Council shall provide Employee with written notice of the charges,
which serve as the basis for any suspension or termination of cause.

In the event of suspension or termination with cause, Employee is not


entitled to any other compensation except regular compensation,
including any accrued vacation benefits, up to the suspension or
termination date.

3.6.6 The City may suspend or terminate Employee without cause by the
59
7
Item 12.

affirmative vote of three members of the Council.

The council shall provide Employee with at least five days written notice
in advance of the commencement date of any suspension without cause.
The council shall provide Employee with at least five days written notice
in advance of the last day of employment because of a termination
without cause.

In the event of suspension without cause, Employee shall be entitled to


receive normal compensation during the suspension period.

Nothing in this subsection shall prohibit the City Council from placing
Employee on an administrative leave of absence with pay for non-
disciplinary reasons.

3.6.7 For the first 12 months of employment under this agreement, if Employee
is terminated without cause during such time as Employee is willing and
able to perform the duties of the position, Employee shall be entitled to
six months severance which is to include base salary plus accrued vacation
leave benefits and one month's health insurance. No other compensation
or benefits shall be paid except as set forth in Section 3.3.11 (C) above.

However, for each full year of service as City Manager of City, the amount
of severance pay and benefits shall be increased by one full month,
capped at a maximum of twelve (12) months. No other compensation or
benefits shall be paid. In the event that Employee finds other employment
within six months, or the adjusted severance term referenced above, of
termination, Employee will notify City and payment for health insurance
shall cease. In no event shall Employee ever receive more severance pay
and benefits than the number of months then remaining on Employee's
Agreement term.

In no event shall the above lump sum and health insurance payments
exceed the amounts determined pursuant to Article 3.5 (commencing
with Section 53260) of Chapter 2 of Part 1 of Division 2 of Title 5 of the
Government Code.

3.6.8 Notwithstanding all other provisions set forth in this agreement,


Employee shall not be terminated without cause for a period of 90 days
following the seating of newly elected or appointed Council members.

3.6.9 Given the at-will nature of the position of City Manager, an important
element of the employment agreement pertains to termination. It is in
both the City's interest and that of Employee that any separation of
the City Manager is done in a businesslike manner.
60
7
Item 12.

Except as otherwise required by law, in the event the City terminates


Employee with or without Cause, the City and Employee agree that no
member of the City Council, the city management staff, nor Employee
shall make any written, oral, or electronic statement to any member
of the public, the press, or any City employee concerning Employee's
termination except in the form of a joint press release or statement,
which is mutually agreeable to City and Employee. The joint press
release or statement shall not contain any text or information that is
disparaging to either Party. Either Party may verbally repeat the
substance of the joint press release or statement in response to any
inquiry.

3.7 Indemnification. City shall defend, save harmless and indemnify Employee
against any negligent tort, professional liability, claim or demand, or other
legal action, whether groundless or otherwise, arising out of an alleged
negligent act or omission occurring in the performance of Employee's services
as City Manager, except that this provision shall not apply with respect to any
intentional tort or crime committed by Employee, or any actions outside the
course and scope of employment.

3.8 Entire Agreement. This Agreement constitutes the entire agreement between
the parties. This Agreement may be amended if in writing and signed by both
Parties. No waiver of any provision of this Agreement shall be deemed or shall
constitute a waiver of any other provision whether or not similar, nor shall
any such waiver constitute a continuing or subsequent waiver of the same
provision. No waiver shall be binding, unless executed in writing by the party
making the waiver. If any provision, or any portion thereof, contained in this
Agreement is held unconstitutional, invalid or unenforceable, the remainder
of this Agreement, or portion thereof, shall be deemed severable, shall not be
affected and shall remain in full force and effect.

3.9 Governing Law; Venue. This Agreement shall be construed under and governed
by the laws of the State of California, and venue shall be in Lake County,
California.

IN WITNESS WHEREOF, City and Employee have signed and executed this Agreement as
of the Effective Date first above written.

CITY OF CLEARLAKE EMPLOYEE

61
7
Item 12.

By: By:
Dirk Slooten, Mayor Alan D. Flora

ATTEST:

By:

Melissa Swanson, City Clerk

Approved as to form:

By:

Ryan Jones, City Attorney

62
7
Item 13.

CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT


MEETING OF: March 18, 2021

Subject: Consideration of Employment Services


Agreement with Andrew White as Police Chief

Reviewed & Approved:

From: Alan D. Flora, City Manager

Recommended Action: Motion to approve Employment Services Agreement for Police


Chief with Andrew White

ISSUE STATEMENT AND DISCUSSION:

Chief White has served as the Chief of Police since July of 2018. Under Chief White’s leadership
and following the policy direction of the City Council, the City has seen many improvements to
technology, professionalism, impacts to crime rates and overall community support of the
department.

The Chief’s current contract is set to expire in July and accordingly, the City Manager has
negotiated a new longer-term contract in order to retain Chief White. The key components of
the new Agreement are the following:

The proposed agreement is for a term of 5 years. Commencing immediately upon approval, Chief
White would receive a 7.5% salary increase, which brings his monthly salary to $12,647.37.
Contingent upon a favorable evaluation from the City Manager and the Local Economic
Benchmark exceeding audited revenues from fiscal year 19-20, Chief White would receive a 3%
raise on July 1 of each year thereafter.

Pursuant to subsection (3) to Government Code § 54953(c), prior to the City Council taking final
action, staff will provide an oral report summarizing the financial highlights of the proposed
Agreement.

1
63
Item 13.

FINANCIAL IMPLICATIONS:

In the first year of the contract, the net annual cost to the City is approximately $10,000. If Chief
White receives the salary increases in years 2-5 of the contract, the net annual cost to the City
would be approximately $4,000.

Attachment: Proposed Employment Services Agreement with Chief White

2
64
Item 13.

CITY OF CLEARLAKE
EMPLOYMENT SERVICES AGREEMENT

POLICE CHIEF

1. PARTIES AND DATE.

This Employment Services Agreement (hereinafter referred to as the "Agreement") is made and
entered into March 18, 2021 ("Effective Date") by and between the City of Clearlake, a California
municipal corporation (hereinafter referred to as "City") and Andrew White (hereinafter referred
to as "Employee"). City and Employee are sometimes individually referred to herein as "Party"
and collectively as "Parties".

2. RECITALS.

City desires to employ the services of Employee as Police Chief for the City of Clearlake and
Employee desires to accept employment as Police Chief. It is the desire of the Parties through
this Agreement to provide for certain benefits, establish conditions of employment and to set
working conditions for Employee.

3. TERMS.

3.1 Term of Agreement. The initial term will be for five (5) years as of the Effective
Date. City Manager shall provide three (3) months' notice prior to end of term City's desire
whether to extend the term of the Agreement.

3.1.1 Term Extension(s). The Agreement will be extendable in two (2) year increments
only upon mutual written agreement of both parties.

3.2 Termination of Agreement.

3.2.1 Notice. This Agreement may be terminated with or without cause at any time upon
forty-five (45) days advance written notice given by Employee to City or immediately upon
written notice by City to Employee. Notice of termination may be delivered personally or
by mail. All notices permitted or required under this Agreement shall be given to the
respective parties at the following address or at such other address as the respective
parties may provide in writing for this purpose:

CITY: City of Clearlake


14050 Olympic Drive
Clearlake, CA 95422
ATTN: City Manager

EMPLOYEE: Andrew White


Address on File with City Clerk

65
Item 13.

3.2.2 Recourse. Employee will have no recourse or right to appeal City's decision to
terminate Employee except as provided by applicable law.

3.2.3 Employee Resignation. Notwithstanding the above, Employee may voluntarily


resign employment with the city by giving 45-days written notice in advance of the last
day of employment. However, both parties may mutually agree to a shorter period. In the
event of a voluntary resignation, Employee is not entitled to any other compensation
except for normal compensation for the 45-day period, pro-rated, following the notice of
resignation and the value of all accrued benefits unless otherwise agreed to by parties.

3.2.4 Definition of Cause. For purposes of this agreement, "cause" shall mean any of the
following:

i. Conviction of a felony
ii. Conviction of a misdemeanor arising out of Employee's duties under this
Agreement
iii. Conviction of any crime involving an "Abuse of office or position" as that
term is defined in Government Code section 53243.4
iv. Willful abandonment of duties
v. Repeated failure to carry out a directive or directives of the City Council or
City Manager
vi. Any grossly negligent action or inaction by Employee that materially and
adversely:
1. impedes or disrupts the operations of the City or its organizational
units;
2. is detrimental to employees or public safety;
3. violates rules or procedures of City.

3.2.5 Suspension or Termination for Cause. In the event of suspension or termination


with cause, Employee is not entitled to any other compensation except regular
compensation, including any accrued vacation benefits, up to the suspension or
termination date.

3.2.6 Suspension Without Cause. In the event of suspension without cause, Employee
shall be entitled to receive normal compensation and benefits during the suspension
period.

3.2.7 Severance-Termination Without Cause. If Employee is terminated without cause


during such time as Employee is willing and able to perform the duties of the position,
Employee shall be entitled to six months' severance which is to include base salary plus
accrued vacation leave benefits and one month's health insurance. No other
compensation or benefits shall be paid except as set forth in the Management Employees
Classification and Benefit Plan (Management Benefit Plan).

66
Item 13.

In no event shall Employee ever receive more severance pay and benefits than the
number of months then remaining on Employee's Agreement term.

In no event shall the above lump sum and health insurance payments exceed the amounts
determined pursuant to Article 3.5 (commencing with Section 53260) of Chapter 2 of Part
1 of Division 2 of Title 5 of the Government Code.

3.2.8 Confidentiality and Non-Disparagement. Given the at-will nature of the position
of Police Chief, an important element of the employment agreement pertains to
termination. It is in both the City's interest and that of Employee that any separation of
the Police Chief is done in a businesslike manner.

Except as otherwise required by law, in the event the City terminates Employee with or
without Cause, the City and Employee agree that no member of the City Council, the city
management staff, nor Employee shall make any written, oral, or electronic statement to
any member of the public, the press, or any City employee concerning Employee's
termination except in the form of a joint press release or statement, which is mutually
agreeable to City and Employee. The joint press release or statement shall not contain
any text or information that is disparaging to either Party. Either Party may verbally repeat
the substance of the joint press release or statement in response to any inquiry.

3.3 Duties.

3.3.1 Designated Duties. City hereby agrees to employ Employee as Police Chief to
perform the functions and duties pertaining to the Police Chief position, and to perform other
legally permissible duties and such functions as the City Manager shall from time to time
assign. The City Manager shall have the authority to determine the specific duties and
functions that Employee shall perform under the Agreement and the means and manner by
which Employee shall perform those duties and functions. Employee agrees to devote all
business time, skill, attention and best efforts to the discharge of the duties and functions
assigned by the City Manager.

3.3.2 Control and Supervision. Employee shall serve at the will and pleasure of the City
Manager.

3.3.3 Meetings. Employee shall attend all meetings as directed by the City Manager that
are determined necessary for the business of the City, including City Council meetings.

3.4 Conditions of Employment.

3.4.1 Conflicts of Interest. During the term of the Agreement, Employee shall not
engage in any business or transaction or maintain a financial interest which conflicts, or
reasonably might be expected to conflict, with the proper discharge of Employee's duties
under this agreement. The foregoing shall not preclude occasional teaching, writing, or
consulting performed during Employee's time off.

67
Item 13.

3.4.2 Hours. The Police Chief is an exempt employee but is expected to engage in those
hours of work that are necessary to fulfill the obligations of the position. Employee does
not have set hours of work as Employee is expected to be available at all times.

It is recognized that Employee must devote a great deal of time to the business of the city
outside of the city's customary office hours, and to that end Employee's schedule of work
each day and week shall vary in accordance with the work required to be performed.
Employee shall spend sufficient hours on site to perform Employee's duties; however,
Employee has discretion over Employee's work schedule and work location.

3.5 Salary, Benefits, and Other Considerations. For services rendered pursuant to this
Agreement, Employee shall receive the following compensation:

3.5.1 Salary. City shall compensate Employee at a rate $12,647.37 per month beginning
the first full pay period after execution of this agreement. Compensation shall be paid bi-
weekly at the same time as other employees of City are paid and shall be subject to all
applicable taxes, insurance and other required deductions. Any compensation changes
occurring as a result of this agreement shall take effect at the next regular payroll following
execution of this agreement.

A. Each year on or about the anniversary of this Agreement, the City


Manager shall perform an annual review of performance of Employee. Review of
base salary will be based upon performance as part of Agreement extension
discussion. Future range adjustments will be at the discretion of the City Council.

B. On July 1, 2022, and each year thereafter for the term of the agreement,
the Employee shall receive a 3% salary adjustment, contingent upon:

1. A positive evaluation from the City Manager

2. The Local Economic Benchmark, which is defined as secured


property tax revenue, Bradley-Burns sales tax, and transient
occupancy tax, exceeds audited revenues from fiscal year 19-20.

C. City agrees to adjust Employee's annual salary by a cost-of-living


adjustment on the same percentage amount and at the same time as cost- of-
living adjustments are made to City's management salary ranges.

D. City shall not at any time during the term of this agreement reduce the
base salary, compensation or other financial benefits of Employee, unless as part
of a general City management salary reduction, and then in no greater percentage
than the average reduction of all City department heads or unless otherwise
renegotiated.

E. Employee has the necessary skills and desire to serve an interim assignment
as Finance Director beginning on July 1, 2020 and continuing as needed. The interim
assignment is in addition to the Employee’s primary position as Police Chief, which
Employee will continue hold. In addition to the Employee’s regular compensation and
68
benefits currently received as Police Chief, Employee shall be paid a sum equivalent
Item 13.

to 10 hours per week at the base hourly rate of $42.29 ($1,832.61 per month).
Compensation shall be paid bi-weekly ($845.82) at the same time as other employees
of City are paid and which shall be subject to all applicable taxes, insurance and other
required deductions. The compensation for this assignment shall not be considered
“PERSable”. Such amount shall be Employee's sole compensation for his service
under this Section 3.5.1 E. The City Manager may eliminate the Employee’s interim
assignment at any time.

3.5.2 Benefits. Employee will be eligible for benefits as provided to management


employees as set forth in the Management Benefit Plan and any other documents that
designate management benefits, except as otherwise noted in this Agreement.

A. Employee will be entitled to a Uniform Allowance consistent with the


amount in the Clearlake Middle Management Association MOU for a Police
Sergeant.

B. Employee shall be entitled to vacation accrual in accordance with


Management Benefit Plan as if Employee had 14 years of service with City at
Employee’s original date of hire with City, increased annually in accordance
with the Plan.

C. Employee shall accrue sick leave at a rate of eight hours per calendar
month of service in accordance with the Management Benefit Plan.

D. The Police Chief position is classified as "exempt" under the Fair Labor
Standards Act and Employee shall not be entitled to the payment of overtime.
Employee shall be entitled to executive leave of 80 hours per employment year
with full pay. Hours shall be credited on January 1 of each year. Executive leave
does not accumulate and is not earned vacation time or benefit. Executive leave
days not used at the end of the calendar year are lost. Sell back of executive leave
is per the Management Benefit Plan.

3.5.3 Other Considerations.

A. Employee's duties require that the Police Chief have the exclusive use of a
City vehicle during the term of employment. City shall provide all attendant
operating and maintenance expenses and required insurance. At the City
Manager's discretion, if Employee will be out of the office for a period of time
exceeding two weeks, the vehicle shall be returned to the City until Employee
returns to duty.

B. The City will provide $75 per month to offset use of Employee's personal cell
phone for City business or City will provide a phone at Employee's option.

C. If Employee serves the full term of the agreement, March 18, 2021 through
March 18, 2026, City shall provide a lump sum payment to Employee equal to 3% of
each year’s base salary.
69
3.5.4 Dues, expenses, professional development.
Item 13.

A. The City Manager will budget sufficient funds to cover dues and
subscriptions of the Police Chief necessary for continued and full participation in
regional, state and local associations and organizations necessary and desirable
for the full representation of the City's interests. The City shall also pay the Police
Chief's dues for membership in the International Association of Chiefs of Police
(IACP) and the CA Police Chiefs Association. The Police Chief may request to join
other associations and organizations, and, if approved, the City shall pay such
other dues and appropriate expenses.

B. City recognizes that certain expenses of a non-personal and generally job-


related nature are incurred by the Employee in the performance of Employee's
duties and responsibilities. City agrees to reimburse or to pay said general
expenses on receipt of duly executed expense or petty cash vouchers, receipts or
statements, attached to a monthly request for reimbursement form.

C. City agrees to budget a sufficient amount of money to pay for the


registration, travel and subsistence of Employee to adequately pursue necessary
official functions for the City, short courses, institutions, seminars and other
functions that are necessary for Employee's professional development and for the
good of the city. These shall include, but not be limited to, the CA Police Chief's
Association annual conference and the IACP Annual Conference (on a bi-annual
basis pending City Manager approval and budget approval).

D. Any expenses of a purely personal nature while participating in any


organization shall be borne by Employee. Employee agrees to obtain prior
approval for expenses unless specifically provided in the annual budget.

3.6 Indemnification.

City shall defend, save harmless and indemnify Employee against any negligent tort,
professional liability, claim or demand, or other legal action, whether groundless or
otherwise, arising out of an alleged negligent act or omission occurring in the
performance of Employee's services as Police Chief, except that this provision shall not
apply with respect to any intentional tort or crime committed by Employee, or any actions
outside the course and scope of employment.

3.7 Entire Agreement.

This Agreement constitutes the entire agreement between the parties. This Agreement
may be amended if in writing and signed by both Parties. No waiver of any provision of
this Agreement shall be deemed or shall constitute a waiver of any other provision
whether or not similar, nor shall any such waiver constitute a continuing or subsequent
waiver of the same provision. No waiver shall be binding, unless executed in writing by
the party making the waiver. If any provision, or any portion thereof, contained in this
Agreement is held unconstitutional, invalid or unenforceable, the remainder of this
Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall
70
remain in full force and effect.
Item 13.

3.8 Governing Law; Venue.

This Agreement shall be construed under and governed by the laws of the State of
California, and venue shall be in Lake County, California.

71
Item 13.

IN WITNESS WHEREOF, City and Employee have signed and executed this Agreement as of
the Effective Date first above written.

CITY OF CLEARLAKE EMPLOYEE

By: By:

Alan Flora, City Manager Andrew White

ATTEST:

By:

Melissa Swanson, City Clerk

72
Item 14.

CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: March 18, 2021

Agenda Item No.


Subject: Authorization of an Agreement with Lexipol, LLC Date: March 11, 2021
for Local Government Administration Policy
Manual and Daily Training Bulletins
Reviewed & Approved:

From: Melissa Swanson, Administrative Services


Director/City Clerk
Recommended Action: Approve agreement and authorize City Manager to sign

ISSUE STATEMENT AND DISCUSSION:

The City of Clearlake’s Personnel Regulations were originally adopted in the mid-1990’s and
have periodically been updated on an irregular basis over the past thirty years. Employment law
changes frequently and often requires hours of staff time to review current policies for
overhaul and subsequently train managers, supervisors, and employees on those changes. The
issues surrounding administrative policies can create substantial risk, including inconsistent and
outdated policies, difficulty keeping up with new and changing legislation and practices, and
tracking policy acknowledgement and training documentation.

Lexipol, LLC was created in 2003 to provide up-to-date and relevant policies and trainings to law
enforcement agencies. The Clearlake Police Department has subscribed to Lexipol for many
years for this purpose. Recently, Lexipol has added a new division to their offered services:
Local Government Administration Policy and Training. Lexipol has developed personnel and
administrative policies that are state-specific for jurisdictions throughout the US. The manual
and training will be through an online module which allows for easier record-keeping and
preventing the need for in-person acknowledgement in keeping with COVID-19 regulations.
Ongoing legal updates will be managed by Lexipol and offered in real time to keep employees
and management up to date with the latest information. Policies include general personnel
regulations such as anti-retaliation, workplace violence, dress code, and others, as well as
organization and administrative policies such as social media, email, IT usage policies.

Approval of the agreement is the first step in bringing the City’s policy manual to standard. The
next step is to develop the policies internally at a management level then take the proposed
policies to the bargaining units for meet and confer for adoption.

1 73
Item 14.

Staff recommends approving the attached agreement and authorizing the City Manager to sign.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The agreement would be funded with PARSAC grant funds and departmental savings.

Attachments:
Lexipol Agreement for Use of Subscription Material

2 74
Item 14.

AGREEMENT FOR USE OF SUBSCRIPTION MATERIAL


 
Agency's Name: City of Clearlake
Agency's Address: 14050 Olympic Drive
  Clearlake, California 95422
   
Attention: Ms. Melissa Swanson
   
Lexipol's Address: 2611 Internet Boulevard, Suite 100
  Frisco, Texas 75034
   
Prepared By: Rosemarie Curran
   
Program Start Date: EFFECTIVE_DATE_DS
  (to be completed by Lexipol upon receipt of signed Agreement)
   

This Subscription Agreement (the “Agreement”) is entered into by and between Lexipol, LLC, a Delaware limited
liability company ("Lexipol"), and the Agency identified above.
 
This Agreement consists of: (a) this Cover Sheet; (b) Exhibit A (Subscriptions Being Purchased and
Subscription Fees); (c) Exhibit B (Terms and Conditions Specific to this Agreement); and (d) Lexipol’s General
Terms and Conditions, available at: https://www.lexipol.com/terms-and-conditions/.
 
In the event of any inconsistency or conflict between Lexipol’s General Terms and Conditions and those
contained in Exhibit B, the terms and conditions contained in Exhibit B shall control.
 
Each person signing below represents and warrants that they have full and complete authority to bind the party
on whose behalf they are signing to all terms and conditions contained in this Agreement.
   
City of Clearlake    
         
Signature: CUSTSIG_DS    
         
Print Name: CUSTNAME_DS    
         
Title: CUSTTITLE_DS    
         
Date Signed: CUSTDATE_DS    

Copyright 2021 © Lexipol - Rev 12/28/2020


75
Exhibit A Item 14.

 
SUBSCRIPTIONS BEING PURCHASED AND SUBSCRIPTION FEES
 
Agency is purchasing the following:
 

Year One
QTY DESCRIPTION UNIT PRICE DISC DISC AMT EXTENDED
1 Annual Local Government Administration USD 5,186.00 10% USD 518.60 USD 4,667.40
Policy Manual & Daily Training Bulletins
w/Supplemental Publication Service w/
GrantFinder (12 Months)
Subscription Line Items Total USD 518.60 USD 4,667.40
1 Local Government Administration Full USD 12,000.00 10% USD 1,200.00 USD 10,800.00
Implementation
One-Time Line Items Total USD 1,200.00 USD 10,800.00
USD 1,718.60 USD 15,467.40
Year One Discount: USD 1,718.60
Year One TOTAL: USD 15,467.40

Year Two
QTY DESCRIPTION UNIT PRICE DISC DISC AMT EXTENDED
1 Annual Local Government Administration USD 5,186.00 USD 0.00 USD 5,186.00
Policy Manual & Daily Training Bulletins
w/Supplemental Publication Service w/
GrantFinder (12 Months)
Subscription Line Items Total USD 0.00 USD 5,186.00
USD 0.00 USD 5,186.00
Year Two TOTAL: USD 5,186.00

*The above subscription services, and when applicable, implementation services, shall be invoiced by
Lexipol upon the execution of this Agreement.
Discount Notes
Referral Discount

Copyright 2021 © Lexipol - Rev 12/28/2020


76
Item 14.

EXHIBIT B

GENERAL TERMS AND CONDITIONS

1. Definitions. For purposes of this Agreement, each of the following terms will have the meaning
indicated in this Section:

1.1 Agency’s Account. “Agency’s Account” means the account by which Agency
accesses the Subscription Materials.

1.2 Agreement. “Agreement” means (a) the cover sheet to which these General Terms
and Conditions are attached, (b) Exhibit A (Subscriptions and Services Being Purchased and Related
Fees) attached to that cover sheet, (c) these General Terms and Conditions, and (d) Exhibit C (Scope of
Services).

1.3 Initial Term/Contract Year. “Initial Term” means the twelve-month period commencing
on the Effective Date and “Contract Year” means each twelve-month period commencing on each
anniversary of the Effective Date, except as may otherwise be modified by Section 2.1 Term below.

1.4 Derivative Work. “Derivative Work” means a work that is based on the Subscription
Material or any portion thereof, such as a revision, modification, abridgement, condensation, expansion,
or any other form in which the Subscription Material or any portion thereof may be recast, transformed,
or adapted. For purposes of this Agreement, a Derivative Work also includes any compilation that
incorporates any portion of the Subscription Material. Further, “Derivative Work” includes any work
considered a “derivative work” under United States copyright law.

1.5 Effective Date. “Effective Date” means the date specified on the cover sheet to which
these General Terms and Conditions are attached.

1.6 Subscription Materials. “Subscription Materials” means the policy manuals,


supplemental policy publications, daily training bulletins and other materials provided by Lexipol to
Agency from time to time during the term of this Agreement under the subscriptions purchased by
Agency as specified in Exhibit A.

2. Term and Termination.

2.1 Term. This Agreement is effective upon the execution and delivery of this Agreement by
both Lexipol and Agency, and shall continue in effect until the expiration of the Initial Term; provided,
however, that the term of this Agreement will automatically be extended for successive one-year periods
thereafter (each a Contract Year), unless either party gives written notice to the other party to the contrary
not less than thirty (30) days prior to the expiration of the Initial Term or the then current Contract Year, as
the case may be. Notwithstanding the foregoing, however, this Agreement will be subject to termination
as provided in Section 2.2 below.

2.2 Termination. This Agreement may be terminated by either party, effective


immediately, (a) in the event that the other party fails to discharge any obligation or remedy any
default under this Agreement for a period of more than thirty (30) calendar days after it has been
given written notice of such failure or default; or (b) in the event that the other party makes an
assignment for the benefit of creditors or commences or has commenced against it any proceeding
in bankruptcy, insolvency or reorganization pursuant to the bankruptcy laws of any applicable
jurisdiction.

2.3 Effect of Expiration or Termination. Upon the expiration or termination of this


Agreement, all of the rights granted to Agency by this Agreement to the subscriptions identified on Exhibit

77
Item 14.

A shall automatically terminate. The termination or expiration of this Agreement shall not, however,
relieve either party from any obligation or liability that has accrued under this Agreement prior to the date
of such termination or expiration. The right to terminate this Agreement pursuant to Section 2.2 above
shall be in addition to, and not in lieu of, any other remedy, legal or equitable, to which the terminating
party shall be entitled at law or in equity. The provisions of Sections 1 (Definitions), 4 (Copyright;
Derivative Works; Lexipol’s Ownership), 5 (Right to Use; Limitations on Use of Subscription Material and
Derivative Works), 7 (Privacy Policy), 8 (Policy Adoption), 9 (Disclaimer of Liability), 10 (Limitation of
Liability), 13 (Miscellaneous), and this Section 2.3 shall survive the expiration or termination of this
Agreement for any reason whatsoever.

3. Subscription Fees, Etc.

3.1 Subscription Fee/Invoicing. Lexipol will invoice Agency at the commencement of the
Subscription Service (Initial Term) and thirty (30) days prior to the date for each Contract Year (refer to
2.1 above). Agency will pay to Lexipol the subscription fee specified on Exhibit A within thirty (30) days
following Agency’s receipt of the invoice for such subscription and renewal fees. All invoices will be sent
to Agency at the address for Agency specified on the cover sheet to which these General Terms and
Conditions are attached. All payments will be made to Lexipol at the address for Lexipol specified on the
cover sheet to which these General Terms and Conditions are attached. Lexipol reserves the right to
increase pricing for subsequent Contract Years.

3.2 Taxes; Past Due Amounts. All amounts required to be paid under this Agreement,
unless otherwise stated on Exhibit A, are exclusive of all taxes and similar fees now in force or enacted in
the future imposed on the subscriptions purchased by Agency under this Agreement and/or delivery by
Lexipol to Agency of Subscription Material, all of which Agency will be responsible for and will pay in full,
except for taxes based on Lexipol’s net income. In the event any amount owed by Agency is not paid
when due, and such failure is not cured within ten (10) days after written notice thereof from Lexipol, then
in addition to any other amount due, Agency shall pay a late payment charge on the overdue amount at a
rate equal to the lower of (a) one percent (1%) per month, or (b) the highest rate permitted by applicable
law.

4. Copyright; Derivative Works; Lexipol’s Ownership. Agency acknowledges and agrees that
the Subscription Material is a proprietary product of Lexipol, protected under U.S. copyright law, and that
Lexipol reserves all rights not expressly granted in this Agreement. Subject to the terms and conditions
contained in this Agreement, Lexipol hereby grants Agency the right to prepare Derivative Works, except
as limited by the terms of this agreement; provided, however, that Agency acknowledges and agrees that
Lexipol will be the sole owner of all right, title and interest in and to all Derivative Works prepared by or for
Agency, including all copyrights and other intellectual property and proprietary rights therein or pertaining
thereto, and Agency hereby assigns and transfers to Lexipol all right, title and interest in and to all
Derivative Works prepared by or for Agency, including all copyrights and other intellectual property and
proprietary rights therein or pertaining thereto. Agency will not remove from any copies of the
Subscription Material provided by Lexipol to Agency any copyright notice or other proprietary notice of
Lexipol appearing thereon, and shall include such copyright and other notices at the appropriate place on
each copy of the Subscription Material and each copy of any Derivative Work made by or for Agency, in
any form.

5. Right to Use; Limitations on Use of Subscription Material and Derivative Works.


Subject to the terms and conditions contained in this Agreement, Lexipol hereby grants to Agency a
perpetual, personal, fully paid-up, right to use, except as limited by the terms of this agreement the
Subscription Material and any Derivative Works prepared by or for Agency, solely for the Agency’s
internal purposes. Agency will not use, copy, republish, lend, distribute, post on servers, transmit,
redistribute, display, in whole or in part, by any means or medium, electronic or mechanical, or by any
information storage and retrieval system, any Subscription Material or any Derivative Work prepared by or
for Agency other than as expressly authorized by the immediately preceding sentence. Without limiting
the generality of the foregoing, Agency will not import, upload, or otherwise make available any

78
Item 14.

Subscription Material or any Derivative Work prepared by or for Agency into or onto any third party
knowledge, document, or other content management system or service without Lexipol’s prior written
consent. The foregoing does not, however, prohibit or restrict Agency from providing Subscription
Material or Derivative Works prepared by or for Agency pursuant to an order from a court or other
governmental agency or other legal process, or Freedom of Information Act (FOIA) request, or Public
Records Act (PRA) request, nor does it prohibit or restrict Agency from displaying the adopted/approved
final policy document on a publicly accessible website for official Agency purposes, so long as Agency
includes the appropriate copyright and other proprietary notices on such final policy document as required
by Section 4 above.

6. Account Security. Agency is solely responsible for maintaining the confidentiality of Agency’s
user name(s) and password(s) and the security of Agency’s Account. Agency will not permit access to
Agency’s Account, or use of Agency’s user name(s) and/or password(s) by any person or entity other
than authorized Agency personnel. Agency will immediately notify Lexipol in writing if Agency becomes
aware that any person or entity other than authorized Agency personnel has used Agency’s Account or
Agency’s user name(s) and/or password(s).

7. Privacy Policy. Lexipol will hold all information Agency provides in confidence unless required to
provide information in accordance with an order from a court or other governmental agency or other legal
process such as a Freedom of Information Act (FOIA) request, or Public Records Act (PRA) request.
Lexipol will use commercially reasonable efforts to ensure the security of information provided by Agency.
Lexipol’s system also uses Secure Socket Layer (SSL) Protocol for browsers supported by Lexipol
application(s). SSL encrypts information as it travels between the Agency and Lexipol. However, Agency
acknowledges and agrees that Internet data transmission is not always 100% secure and Lexipol does
not warrant or guaranty that information Agency transmits utilizing the Lexipol system or online platform is
100% secure.

Agency acknowledges that Lexipol may provide view-only access and summary information (including but
not limited to, status of number of policies developed or in development, percentage of staff reviews of
developed policies, and percentage of DTBs taken) to the Agency’s affiliated Risk Management Authority,
Insurance Pool or Group, or Sponsoring Association, if they are actively funding their member Agencies’
Subscription Fees.

8. Policy Adoption. Agency hereby acknowledges and agrees that any and all policies and Daily
Training Bulletins (DTBs) included in the Subscription Material provided by Lexipol have been individually
reviewed, customized and adopted by Agency for use by Agency. Agency further acknowledges and
agrees that neither Lexipol nor any of its agents, employees or representatives shall be considered
“policy makers” in any legal or other sense and that the chief executive of Agency will, for all purposes, be
considered the “policy maker” with regard to each and every such policy and DTB.

9. Disclaimer of Liability. Agency acknowledges and agrees that Lexipol its officers, agents,
managers, and employees will have no liability to Agency or any other person or entity arising from or
related to the Subscription Materials, or any act or omission by Agency or its personnel pursuant to, or in
reliance on, any of the Subscription Materials.

10. Limitation of Liability. Lexipol’s cumulative liability to Agency and any other person or entity for
any loss or damages resulting from any claims, demands, or actions arising out of or relating to this
Agreement or the use of any Subscription Materials shall not exceed the subscription fees actually paid to
Lexipol for the use of the Subscription Materials under this Agreement during the twelve-month period
immediately prior to the assertion of such claim, demand or action. In no event shall Lexipol be liable for
any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Lexipol has
been advised of the possibility of such damages. The limitations set forth in this Section shall apply
whether Agency’s claim is based on breach of contract, tort, strict liability, product liability or any other
theory or cause of action.

79
Item 14.

11. Non-Transferability. The subscriptions and rights to use the Subscription Material granted by
this Agreement are personal to Agency and Agency shall not assign or otherwise transfer the same to
any other person or entity.

12. Confidentiality. From time to time during the term of this Agreement, either party may be
required to disclose information to the other party that is marked “confidential” or the like, or that is of
such a type that the confidentiality thereof is reasonably apparent (“Confidential Information”). The
receiving party will: (a) limit disclosure of any Confidential Information of the other party to the receiving
party’s directors, officers, employees, agents and other representatives (collectively “Representatives”)
who have a need to know such Confidential Information in connection with the business relationship
between the parties to which this Agreement relates, and only for that purpose; (b) advise its
Representatives of the confidential nature of the Confidential Information and of the obligations set forth
in this Agreement and require such Representatives to keep the Confidential Information confidential and
to use it only as permitted by this Agreement; (c) keep all Confidential Information confidential by using a
reasonable degree of care, but not less than the degree of care used by it in safeguarding its own
confidential information; and (d) not disclose any Confidential Information received by it to any third party
(except as otherwise provided for herein). Notwithstanding the foregoing, however, a party may disclose
Confidential Information of the other party pursuant to any governmental, judicial, or administrative order,
subpoena, discovery request, regulatory request, or Freedom of Information Act (FOIA) request, or Public
Records Act (PRA) request, or similar method, provided that the party proposing to make any such
disclosure will promptly notify, to the extent practicable, the other party in writing of such demand for
disclosure so that the other party may, at its sole expense, seek to make such disclosure subject to a
protective order or other appropriate remedy to preserve the confidentiality of the Confidential
Information. Each party shall be responsible for any breach of this Section by any of such party’s
Representatives.

Miscellaneous.

13.1 Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of
the State of California, without giving effect to any choice of law doctrine that would cause the law of any
other jurisdiction to apply.

13.2 Entire Agreement. This Agreement embodies the entire agreement and understanding
of the parties hereto and hereby expressly supersedes any and all prior written and oral agreements and
understandings with respect to the subject matter hereof, including without limitation any and all
agreements and understandings pertaining to the use of the Subscription Materials by Agency. No
representation, promise, inducement, or statement of intention has been made by any party hereto that is
not embodied in this Agreement. Terms and conditions set forth in any purchase order, or any other form
or document of Agency, which are inconsistent with, or in addition to, the terms and conditions set forth in
this Agreement, are hereby objected to and rejected in their entirety, regardless of when received, without
further action or notification by Lexipol, and shall not be considered binding on Lexipol unless specifically
agreed to in writing by it.

13.3 Headings. The captions and other headings contained in this Agreement are for
convenience only and shall not be considered a part of or affect the construction and interpretation of any
provision of this Agreement.

13.4 Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original but all of which together shall constitute one and the same document.

13.5 Amendment. No amendment, modification, or supplement to this Agreement shall be


binding unless it is in writing and signed by the party sought to be bound thereby.

13.6 Attorneys’ Fees. If any action is brought by either party to this Agreement against the
other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition
to any other relief granted, reasonable attorneys’ fees and expenses of litigation.

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Item 14.

13.7 General Interpretation. The language used in this Agreement shall be deemed to be
the language chosen by the parties hereto to express their mutual intent. This Agreement shall be
construed without regard to any presumption or rule requiring construction against the party causing such
instrument or any portion thereof to be drafted, or in favor of the party receiving a particular benefit under
the Agreement. No rule of strict construction will be applied against any person or entity.

13.8 Notices. Any notice required by this Agreement or given in connection with it, shall be
in writing and shall be given by personal delivery, by certified mail, postage prepaid, or by recognized
overnight delivery service to the appropriate party at the address of such party stated on the cover sheet
to which these General Terms and Conditions are attached, or such other address as such party may
indicate by a notice delivered to the other party in accordance with the terms of this Section.
Alternatively, electronic mail or facsimile notice is acceptable when acknowledged by the receiving party.

13.9 Invalidity of Provisions. Each of the provisions contained in this Agreement is distinct
and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a
court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof.
Further, if a court of competent jurisdiction finds any provision of this Agreement to be invalid or
unenforceable, then the parties agree that the court should endeavor to give effect to the parties’ intention
as reflected in such provision to the maximum extent possible.

13.10 Waiver. Lexipol’s failure to exercise, or delay in exercising, any right or remedy under
any provision of this Agreement shall not constitute a waiver of such right or remedy.

End of General Terms and Conditions

81
Scope of Services (Exhibit C) Item 14.

 
Local Government Administration Policy Manual
Legally defensible, up-to-date policies are the foundation for consistent, safe local government functions and are key
to lowering liability and risk. Lexipol's comprehensive policy manual covers key aspects of your organization's general
operations, facilities, and equipment, records, and personnel policy needs.
• Approximately 50 policies researched and written by public safety attorneys and subject matter experts
• Policies based on federal laws and regulations as well as nationwide best practices
• Ability to customize content to reflect your organization's unique terminology and structure

Daily Training Bulletins (DTBs)


Even the best policy manual lacks effectiveness if it's not backed by training. Lexipol's Daily Training Bulletins are
designed to help your personnel learn and apply your agency's policy content through 2-minute training exercises.
• Scenario-based training ties policy to real-world applications
• Understanding and retention of policy content is improved via a singular focus on one distinct aspect of the
policy
• Each Daily Training Bulletin concludes with a question that confirms the user understood the training
objective
• Daily Training Bulletins can be completed via computers or from smartphones, tablets or other mobile
devices
• Reports show completion of Daily Training Bulletins by agency member and topic

Policy Updates
Lexipol's legal and content development teams continuously review laws and regulations, court decisions and evolving
best practices. When needed, we create new and updated policies and provide them to your agency, making it simple
and efficient to keep your policy content up to date.
• Updates delivered to you through Lexipol's web-based content delivery platform
• Changes presented in side-by-side comparison against existing policy so you can easily identify
modifications/improvements
• Your agency can accept, reject or customize each update

Web-Based Delivery Platform and Mobile App (Knowledge Management System)


Lexipol's online content delivery platform, called KMS, provides secure storage and easy access to all your policy and
training content, and our KMS mobile app facilitates staff use of policies and training completion.
• Ability to edit and customize content to reflect your agency's mission and philosophy
• Efficient distribution of policies, updates and training to staff
• Archival and easy retrieval of all versions of your agency's policy manual
• Mobile app provides in-the-field access to policy and training materials

Reports
Lexipol's Knowledge Management System provides intuitive reporting capabilities and easy-to-read reports that
enhance command staff meetings and strategic planning.
• Track and report when your personnel have acknowledged policies and policy updates
• Produce reports showing completion of Daily Training Bulletins
• Sort reports by agency member, topic and other subgroups (e.g., shift, assignment)
• Reduce the time your supervisors spend verifying policy acknowledgement and training completion

Supplemental Publication Service


Lexipol's Supplemental Publication Service (SPS) streamlines the storage of your agency's content, giving you one
place to access procedures, guidelines, general orders, training guides or secondary policy manuals.
• Electronically links department-specific procedural or supplemental content to your policy manual
• Provides electronic issuance and tracking for your agency's procedural or supplemental content
• Allows you to create Daily Training Bulletins against your procedural content
• Designed for standard operating guidelines, procedures, general orders or field guides

Full Implementation

Copyright 2021 © Lexipol - Rev 12/28/2020


82
Lexipol's Full Implementation Service is individually tailored for agencies who want a start-to-finish, comprehensive
Item 14.

policy adoption assistance. Lexipol's experienced Professional Services staff will:


• Streamline the process of policy adoption
• Assist your agency in developing a policy manual that meets your unique needs, philosophy and project
timeline
• Integrate pre-existing agency content into appropriate sections within the policy manual
• Use a proven structure of policy editing and content merging, which will provide a framework to expedite
subsequent policy updates and Daily Training Bulletin administration

GrantFinder http://app.grantfinder.com
GrantFinder is a real-time database of federal, state, and private grant opportunities tailored to municipalities, nonprofits,
educational institutions, and public safety organizations. The simplicity and efficiency of our service will result in
identifying grant applications intelligently tailored to your needs; greatly improving the chance your organization will
ultimately be funded.
Currently tracking over 10,000 grants, GrantFinder monitors more than 4,300 grant websites to update and keep
communities aware of the universe of funding. GrantFinder is being used by more than 8,000 individual users spread
across 800 cities and organizations like yours.
The accompanying proposal outlines the functions of Lexipol’s GrantFinder service and what would be provided.
 
GrantFinder includes:
• Access to Federal, State, Corporate & Foundation grants programs in once place with summaries, links to
applications, guidelines and much more
• 10+ search filters including geographic coverage, program area, keyword, deadline, matching funds, etc.
• Save and download grant listings + track deadlines
• Custom grant email alerts tailored to user preference
• Application and performance tracking
• Document and application upload + storage
• Ongoing dedicated account management support + user-based training

Copyright 2021 © Lexipol - Rev 12/28/2020


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