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CITY OF CLEARLAKE

www.clearlake.ca.us

REGULAR MEETING OF
CLEARLAKE CITY COUNCIL &
REDEVELOPMENT SUCCESSOR AGENCY
CLEARLAKE CITY HALL COUNCIL CHAMBERS
14050 OLYMPIC DRIVE
CLEARLAKE, CA 95422

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 only via livestreaming.

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 City Clerk at
mswanson@clearlake.ca.us. You can also visit our new 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 Thursday, July 16th.

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 “Lake County PEG TV Live Stream” YouTube Channel.

THURSDAY JULY 16, 2020 5:00 P.M.


CLOSED SESSION:
(1) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION: (Government Code 54956.9) – City
of Clearlake v. PG&E Corporation, et al., Case No. CV 1:17-CV-419398, Lake County Superior Court
(2) CONFERENCE WITH REAL PROPERTY NEGOTIATOR: Property: Twenty-Six Acres of Property
Owned by the City; Location: West of State Highway 53, Between State Highway 53, Old Highway
53, and the Extension of 18th Avenue; Agency negotiator: City Manager Alan Flora; Under
negotiation: Price and Terms of Payment.
(3) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: Initiation of Litigation pursuant
to Government Code Section 54956.9: Two potential cases

THURSDAY JULY 16, 2020 6:00 P.M.

Page 1 of 6
ROLL CALL:
_____ Mayor Russ Cremer
_____ Vice Mayor Dirk Slooten
_____ Councilmember Phil Harris
_____ Councilmember Joyce Overton
_____ Councilmember Russell Perdock

PLEDGE OF ALLEGIANCE
INVOCATION/MOMENT OF SILENCE: The City Council invites members of the clergy, as well as
interested members of the public in the City of Clearlake, to voluntarily offer an invocation before the
beginning of its meetings for the benefit and blessing of the City Council. This opportunity is voluntary
and invocations are to be less than three minutes, offered in a solemn and respectful tone, and directed
at the City Council. Invocational speakers who do not abide by these simple rules of respect and brevity
shall be given a warning and/or not invited back to provide a subsequent invocation for a reasonable
period of time, as determined appropriate by the City. This policy is not intended, and shall not be
implemented or construed in any way, to affiliate the City Council with, nor express the City Council's
preference for, any faith or religious denomination. Rather, this policy is intended to acknowledge and
express the City Council's respect for the diversity of religious denominations and faiths represented and
practiced among the citizens of Clearlake. If a scheduled invocational speaker does not appear at the
scheduled meeting, the Mayor will ask that the City Council observe a moment of silence in lieu of the
invocation. More information about the City’s invocation policy is available upon request by contacting
the City Clerk at (707) 994-8201x106 or via email at mswanson@clearlake.ca.us.

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

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


ANNOUNCEMENT OF ACTION(S) FROM CLOSED SESSION
PRESENTATIONS:
1. Presentation of July’s Adoptable Dogs
2. Presentation of Certificate of Appreciation to the Lakeshore Lions Club for the July 4th Celebration

PUBLIC COMMENT:
During the July 16, 2020 City Council meeting, public comment will be accepted via email and through
the City’s Town Hall portal. If you would like to comment remotely, please follow the protocols below:

Page 2 of 6
• Send comments via email to the City Clerk at mswanson@clearlake.ca.us or via the City’s new
Town Hall portal at https://www.opentownhall.com/portals/327/forum_home prior to the
commencement of the Council meeting.
• Identify the subject you wish to comment on in your email’s subject line or in your Town Hall
submission.
• Each Public Comment emailed to the City Clerk will be read aloud by the Mayor or a member of
staff for up to three minutes or will be displayed on a screen.
• Public Comment emails and Town Hall Public Comment submissions which are received after the
beginning of the meeting will not be included in the record.

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 minutes per person.

CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine in nature
and will be approved by one motion. There will be no separate discussion of these items unless a member
of the Council or audience requests otherwise, or if staff has requested a change under Adoption of the
Agenda, in which case the item will be removed for separate consideration. Any item so removed will be
taken up following the motion to approve the Consent Agenda.

Consent Items Recommended Action


3. Warrant Registers Receive and file
4. Consideration of Continuation of Declaration By motion keep declaration of emergency
of Local Emergency Issued on October 9, active and set next review for the next
2017 and Ratified by Council Action October Council meeting
12, 2017
5. Consideration of Continuation of Declaration By motion keep declaration of emergency
of Local Emergency Issued on March 14, 2020 active and set next review in sixty days
and Ratified by Council Action March 19,
2020
6. Minutes of the June Meetings Receive and file
7. Minutes of the June 10, 2020 LC Vector Receive and file
Control District Board Meeting
8. Consideration of a Memorandum of Authorize the City Manager to execute
Understanding (MOU) with the Konocti the MOU with KUSD
Unified School District (KUSD) for a School
Resource Officer
9. Award of Construction Contract for the 2020 Authorize City Manager to enter into a
Double Chip Seal- South West Avenues contract with Pavement Coatings Co. for
Project construction of the 2020 Double Chip
Seal- South
West Avenues Project in the amount of
$98,650 and authorize the City Manager

Page 3 of 6
to approve up to 10% for additional
unforeseen contract amendments
10. Consideration of Acceptance of the Property Accept the property located at 16034 26th
Located at 16034 26th Avenue Avenue and authorize the City Manager
to sign the Certificate of Acceptance
11. Notification of Expiring Committee Receive and file
Appointments

PUBLIC HEARING:
Notice to the Public
The City Council, when considering the matter scheduled for hearing, will take the following actions:
1. Open the Public Hearing
2. Presentations by Staff
3. Presentation by Applicant or Appellant (if applicable)
4. Accept Public Testimony
5. Applicant or Appellant Rebuttal Period (if applicable)
6. Close the Public Hearing
7. Council Comments and Questions
8. Council Action
Once the hearing is closed, no further public comment will be taken. If you wish to challenge in court
any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to
raising only those issues, which you, or someone else, raised orally at the public hearing or in written
correspondence received by the city at or before the public hearing.

Public hearings listed for continuance will be continued as noted and posting of this agenda serves as
notice of continuance. Any matter not noted for continuance will be posted separately.

During the July 16, 2020 City Council meeting, comment on agenda items will be accepted via email and
through the City’s Town Hall portal. If you would like to comment remotely, please follow the protocols
below:

• Send comments via email to the City Clerk at mswanson@clearlake.ca.us or via the City’s Town
Hall portal at https://www.opentownhall.com/portals/327/forum_home.
• Identify the subject you wish to comment on in your email’s subject line or in your online Town
Hall submission.
• Each comment emailed to the City Clerk will be read aloud by the Mayor or a member of staff for
up to three minutes or will be displayed on a screen.
• Emailed comments and Town Hall submissions on each item will be accepted after the start of the
meeting, but before the Mayor announces that public comment for that item is closed.
• Emails and Town Hall submissions received after the closing of public comment for each item will
not be included in the record.

12. Public Hearing to hear and act upon appeals of Abatement Orders, in accordance with Clearlake
Municipal Code Chapter 18, Articles 9 and 10; Adopt Resolution No. 2020-32, Resolution No. 2020-
33
Recommended Action: Hear testimony regarding abatement orders and make determinations for
each property by resolution based on the evidence presented at the hearing

Page 4 of 6
13. Public Hearing to Consider Resolution No. 2020-31, A Resolution of the City of Clearlake,
Approving an 18-month Street Closure of Multiple Roads as an Effort to Reduce Illegal Dumping
Recommended Action: Hold Public Hearing and adopt Resolution No. 2020-31

14. Public Hearing to Consider Acceptance of the State Community Development Block Grant
Coronavirus Aid Relief and Economic Security Act (CDBG-CV) in the amount of $122,279
Recommended Action: Hold Public Hearing and accept the State Community Development Block
Grant Coronavirus Aid Relief Grant and Economic Security Act

BUSINESS:
15. Discussion Regarding a Letter of Intent to Purchase a Portion of the “Airport Property” Located at
6356 Armijo Avenue and 6393 James Street, Clearlake
Recommended Action: Authorize the City Manager to Sign the Proposed Letter of Intent with King
Management, LLC to Purchase a Portion of the “Airport Property”

16. Discussion and Direction Regarding Implementation of a Residential Rental Housing Registration
and Inspection Program
Recommended Action: Provide Direction to Staff on Implementation of a Residential Rental
Housing Registration and Inspection Program

17. Discussion and Consideration of an Agreement with Hinderliter De Llamas and Associates (HdL) for
Tax and Fee Administration Solutions, including Short Term Rental Operations Management and
Commercial Hotel Transient Occupancy Tax (TOT) Administration Services
Recommended Action: Authorize the City Manager to Sign the Agreement with Hinderliter De
Llamas and Associates for Tax and Fee Administration Services

18. Consideration of Amendment to Employment Agreement with Chief of Police


Recommended Action: Authorize the City Manager to Sign Amendment #1 to Employment
Agreement with Chief of Police

19. Consideration of Response to Lake County Civil Grand Jury Report on “Tax Default Auctions”
Recommended Action: Approve Response from the Clearlake City Council to the Lake County Civil
Grand Jury regarding Tax Default Auctions

CITY MANAGER AND COUNCILMEMBER REPORTS


FUTURE AGENDA ITEMS
ADJOURNMENT
AMERICANS WITH DISABILITY ACT (ADA) REQUESTS
If you need disability-related modification or accommodation, including auxiliary aids or services, to
participate in this meeting, please contact Melissa Swanson, City Clerk, at the Clearlake City Hall, 14050
Olympic Drive, Clearlake, California 95422, phone (707) 994-8201, ext. 106, or via email at
mswanson@clearlake.ca.us at least 72 hours prior to the meeting, to allow time to provide for special
accommodations.

AGENDA REPORTS
Page 5 of 6
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: July 10, 2020


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

Page 6 of 6
Check Register
Clearlake, CA Item 3 Packet: APPKT00047 - 6/18/20 AP CHECK RUN

By Check Number

Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number
Bank Code: AP-Accounts Payable
002026 ABI DOCUMENT SUPPORT SERVICES 06/18/2020 Regular 0.00 52.00 76837
000085 ARAMARK UNIFORM SERVICES 06/18/2020 Regular 0.00 42.87 76838
001397 AT&T CALNET 3 06/18/2020 Regular 0.00 62.87 76839
000068 BOB'S JANITORIAL 06/18/2020 Regular 0.00 401.98 76840
000112 CALIF POLICE CHIEF'S ASSOC 06/18/2020 Regular 0.00 440.00 76841
002162 CALIFORNIA ENGINEERING 06/18/2020 Regular 0.00 3,720.14 76842
2404 CALTRONICS 06/18/2020 Regular 0.00 425.57 76843
001968 CCAC 06/18/2020 Regular 0.00 55.00 76844
002124 CK FITNESS 06/18/2020 Regular 0.00 30.00 76845
002124 CK FITNESS 06/18/2020 Regular 0.00 160.00 76846
000024 CLEARLAKE POLICE ASSOCIATION 06/18/2020 Regular 0.00 1,625.00 76847
000548 COMPUTER LOGISTICS 06/18/2020 Regular 0.00 450.00 76848
000160 DEPT OF JUSTICE 06/18/2020 Regular 0.00 210.00 76849
001296 DIRECT IMAGE PRINTING 06/18/2020 Regular 0.00 76.46 76850
000073 EASTLAKE SANITARY LANDFILL 06/18/2020 Regular 0.00 235.02 76851
000118 FOUR CORNERS 06/18/2020 Regular 0.00 33.54 76852
000241 GALL'S LLC 06/18/2020 Regular 0.00 367.90 76853
001336 GO FOR IT JANITORIAL 06/18/2020 Regular 0.00 1,195.00 76854
VEN01053 HIGH COUNTRY SECURITY 06/18/2020 Regular 0.00 4,671.38 76855
VEN01047 JAY RESENDEZ, ATTORNEY AT LAW 06/18/2020 Regular 0.00 4,525.00 76856
001775 JONES & MAYER 06/18/2020 Regular 0.00 14,501.38 76857
001366 LANGUAGE 411 06/18/2020 Regular 0.00 619.50 76858
000144 MENDO MILL 06/18/2020 Regular 0.00 446.79 76859
001489 NAPA AUTO PARTS 06/18/2020 Regular 0.00 435.46 76860
000026 NATIONWIDE RETIREMENT SOLUTION 06/18/2020 Regular 0.00 897.44 76861
001913 OCCU-MED LTD 06/18/2020 Regular 0.00 773.00 76862
001392 OFFICE DEPOT 06/18/2020 Regular 0.00 57.62 76863
001297 ONE STOP AUTOMOTIVE 06/18/2020 Regular 0.00 640.26 76864
002303 ORGANIC TOUCH 06/18/2020 Regular 0.00 300.00 76865
001843 PG&E CFM 06/18/2020 Regular 0.00 15,174.83 76866
001843 PG&E CFM 06/18/2020 Regular 0.00 1,200.00 76867
001298 QUACKENBUSH MRRCF 06/18/2020 Regular 0.00 152.65 76868
002355 RAINBOW AG 06/18/2020 Regular 0.00 536.23 76869
001538 REGIONAL GOVERNMENT SERVICES 06/18/2020 Regular 0.00 17,287.50 76870
001550 RICOH USA, INC. 06/18/2020 Regular 0.00 392.56 76871
002376 ROBERT DEWALT 06/18/2020 Regular 0.00 200.00 76872
000506 SIGNS OF RANDY HARE 06/18/2020 Regular 0.00 107.66 76873
002375 THOMAS DEWALT 06/18/2020 Regular 0.00 400.00 76874
002292 TYLER TECHNOLOGIES 06/18/2020 Regular 0.00 8,094.53 76875
000708 VALIC LOCKBOX 06/18/2020 Regular 0.00 685.00 76876

Bank Code AP Summary


Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 87 40 0.00 81,682.14
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
87 40 0.00 81,682.14

6/18/2020 11:05:45 AM Page 1 of 2


Check Register Packet: APPKT00047-6/18/20 AP CHECK RUN

Fund Summary
Fund Name Period Amount
999 Pooled Cash 6/2020 81,682.14
81,682.14

6/18/2020 11:05:45 AM Page 2 of 2


Check Register
Clearlake, CA Packet: APPKT00056 - AP CHECK RUN 6/24/2020 AA

By Check Number

Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number
Bank Code: AP-Accounts Payable
000085 ARAMARK UNIFORM SERVICES 06/24/2020 Regular 0.00 37.30 76877
2444 BOB MURRAY & ASSOCIATES 06/24/2020 Regular 0.00 1,932.05 76878
002162 CALIFORNIA ENGINEERING 06/24/2020 Regular 0.00 41,949.81 76879
002133 CHRIS KELLEHER 06/24/2020 Regular 0.00 75.00 76880
002370 CODE PUBLISHING CO 06/24/2020 Regular 0.00 289.95 76881
002392 DE LAGE LANDEN PUBLIC FINANCE 06/24/2020 Regular 0.00 829.68 76882
000073 EASTLAKE SANITARY LANDFILL 06/24/2020 Regular 0.00 29.05 76883
VEN01056 EZ-ACCESS 06/24/2020 Regular 0.00 7,737.17 76884
000096 GOLDEN STATE WATER COMPANY 06/24/2020 Regular 0.00 728.76 76885
002360 INTERWEST CONSULTING GROUP 06/24/2020 Regular 0.00 420.00 76886
001318 LAKE COUNTY OFFICE OF 06/24/2020 Regular 0.00 75.00 76887
000158 LAKE COUNTY SPECIAL DISTRICTS 06/24/2020 Regular 0.00 3,882.14 76888
001995 LANGUAGE TESTING INTERNATIONAL 06/24/2020 Regular 0.00 140.00 76889
000144 MENDO MILL 06/24/2020 Regular 0.00 329.40 76890
VEN01062 MICHAEL BROWN 06/24/2020 Regular 0.00 4,000.00 76891
001489 NAPA AUTO PARTS 06/24/2020 Regular 0.00 90.74 76892
VEN01055 NORCAL KENTWORTH ANDERSON 06/24/2020 Regular 0.00 28,819.35 76893
001392 OFFICE DEPOT 06/24/2020 Regular 0.00 348.25 76894
002391 R & R PACIFIC CONSTRUCTION 06/24/2020 Regular 0.00 325,581.86 76895
000773 SANTA ROSA JUNIOR COLLEGE 06/24/2020 Regular 0.00 55.25 76896
VEN01060 SATELLITE INDUSTRIES INC 06/24/2020 Regular 0.00 3,655.77 76897
000506 SIGNS OF RANDY HARE 06/24/2020 Regular 0.00 163.12 76898
002292 TYLER TECHNOLOGIES 06/24/2020 Regular 0.00 4,687.50 76899

Bank Code AP Summary


Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 50 23 0.00 425,857.15
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
50 23 0.00 425,857.15

6/24/2020 3:11:42 PM Page 1 of 2


Check Register Packet: APPKT00056-AP CHECK RUN 6/24/2020 AA

Fund Summary
Fund Name Period Amount
999 Pooled Cash 6/2020 425,857.15
425,857.15

6/24/2020 3:11:42 PM Page 2 of 2


Check Register
Clearlake, CA Packet: APPKT00056 - AP CHECK RUN 6/24/2020 AA

By Check Number

Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number
Bank Code: AP-Accounts Payable
000085 ARAMARK UNIFORM SERVICES 06/24/2020 Regular 0.00 37.30 76877
2444 BOB MURRAY & ASSOCIATES 06/24/2020 Regular 0.00 1,932.05 76878
002162 CALIFORNIA ENGINEERING 06/24/2020 Regular 0.00 41,949.81 76879
002133 CHRIS KELLEHER 06/24/2020 Regular 0.00 75.00 76880
002370 CODE PUBLISHING CO 06/24/2020 Regular 0.00 289.95 76881
002392 DE LAGE LANDEN PUBLIC FINANCE 06/24/2020 Regular 0.00 829.68 76882
000073 EASTLAKE SANITARY LANDFILL 06/24/2020 Regular 0.00 29.05 76883
VEN01056 EZ-ACCESS 06/24/2020 Regular 0.00 7,737.17 76884
000096 GOLDEN STATE WATER COMPANY 06/24/2020 Regular 0.00 728.76 76885
002360 INTERWEST CONSULTING GROUP 06/24/2020 Regular 0.00 420.00 76886
001318 LAKE COUNTY OFFICE OF 06/24/2020 Regular 0.00 75.00 76887
000158 LAKE COUNTY SPECIAL DISTRICTS 06/24/2020 Regular 0.00 3,882.14 76888
001995 LANGUAGE TESTING INTERNATIONAL 06/24/2020 Regular 0.00 140.00 76889
000144 MENDO MILL 06/24/2020 Regular 0.00 329.40 76890
VEN01062 MICHAEL BROWN 06/24/2020 Regular 0.00 4,000.00 76891
001489 NAPA AUTO PARTS 06/24/2020 Regular 0.00 90.74 76892
VEN01055 NORCAL KENTWORTH ANDERSON 06/24/2020 Regular 0.00 28,819.35 76893
001392 OFFICE DEPOT 06/24/2020 Regular 0.00 348.25 76894
002391 R & R PACIFIC CONSTRUCTION 06/24/2020 Regular 0.00 325,581.86 76895
000773 SANTA ROSA JUNIOR COLLEGE 06/24/2020 Regular 0.00 55.25 76896
VEN01060 SATELLITE INDUSTRIES INC 06/24/2020 Regular 0.00 3,655.77 76897
000506 SIGNS OF RANDY HARE 06/24/2020 Regular 0.00 163.12 76898
002292 TYLER TECHNOLOGIES 06/24/2020 Regular 0.00 4,687.50 76899

Bank Code AP Summary


Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 50 23 0.00 425,857.15
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
50 23 0.00 425,857.15

6/26/2020 10:02:51 AM Page 1 of 2


Check Register Packet: APPKT00056-AP CHECK RUN 6/24/2020 AA

Fund Summary
Fund Name Period Amount
999 Pooled Cash 6/2020 425,857.15
425,857.15

6/26/2020 10:02:51 AM Page 2 of 2


Check Register
Clearlake, CA Packet: APPKT00073 - 6/30/2020 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
002026 ABI DOCUMENT SUPPORT SERVICES 07/01/2020 Regular 0.00 234.56 76910
000703 ACME RIGGING & SUPPLY 07/01/2020 Regular 0.00 132.88 76911
000083 ADVANCED COMMUNICATIONS SYSTEM07/01/2020 Regular 0.00 4,666.83 76912
001423 ALLIANT INSURANCE SERVICES, IN 07/01/2020 Regular 0.00 1,282.00 76913
000085 ARAMARK UNIFORM SERVICES 07/01/2020 Regular 0.00 188.19 76914
001397 AT&T CALNET 3 07/01/2020 Regular 0.00 20.89 76915
001397 AT&T CALNET 3 07/01/2020 Regular 0.00 494.86 76916
001397 AT&T CALNET 3 07/01/2020 Regular 0.00 704.10 76917
001397 AT&T CALNET 3 07/01/2020 Regular 0.00 188.12 76918
001397 AT&T CALNET 3 07/01/2020 Regular 0.00 21.42 76919
001397 AT&T CALNET 3 07/01/2020 Regular 0.00 45.68 76920
000068 BOB'S JANITORIAL 07/01/2020 Regular 0.00 177.14 76921
001811 CALIFORNIA EXTERMINATORS ALLIA 07/01/2020 Regular 0.00 100.00 76922
001968 CCAC 07/01/2020 Regular 0.00 65.00 76923
000899 CLEARLAKE CHAMBER OF COMMERCE 07/01/2020 Regular 0.00 550.00 76924
000024 CLEARLAKE POLICE ASSOCIATION 07/01/2020 Regular 0.00 1,687.50 76925
001424 CLEARLAKE WASTE SOLUTIONS. 07/01/2020 Regular 0.00 6,973.33 76926
000160 DEPT OF JUSTICE 07/01/2020 Regular 0.00 311.00 76927
000073 EASTLAKE SANITARY LANDFILL 07/01/2020 Regular 0.00 59.40 76928
000851 ENTERPRISE TOWING 07/01/2020 Regular 0.00 2,025.00 76929
001199 EUREKA OXYGEN CO 07/01/2020 Regular 0.00 73.62 76930
000120 FED EX 07/01/2020 Regular 0.00 112.28 76931
000118 FOUR CORNERS 07/01/2020 Regular 0.00 231.96 76932
000241 GALL'S LLC 07/01/2020 Regular 0.00 535.83 76933
000167 HIGHLANDS SENIOR CENTER 07/01/2020 Regular 0.00 1,117.16 76934
000121 HIGHLANDS WATER COMPANY 07/01/2020 Regular 0.00 2,408.19 76935
000304 KONOCTI COUNTY WATER DISTRICT 07/01/2020 Regular 0.00 35.88 76936
000793 MEDIACOM 07/01/2020 Regular 0.00 805.25 76937
000144 MENDO MILL 07/01/2020 Regular 0.00 1,719.26 76938
**Void** 07/01/2020 Regular 0.00 0.00 76939
**Void** 07/01/2020 Regular 0.00 0.00 76940
000061 MISSION LINEN SUPPLY 07/01/2020 Regular 0.00 267.54 76941
001392 OFFICE DEPOT 07/01/2020 Regular 0.00 701.05 76942
001536 PRECISION WIRELESS SERVICES 07/01/2020 Regular 0.00 197.96 76943
001298 QUACKENBUSH MRRCF 07/01/2020 Regular 0.00 129.33 76944
002355 RAINBOW AG 07/01/2020 Regular 0.00 1,679.64 76945
002031 REDWOOD COAST FUELS 07/01/2020 Regular 0.00 666.71 76946
002376 ROBERT DEWALT 07/01/2020 Regular 0.00 200.00 76947
002375 THOMAS DEWALT 07/01/2020 Regular 0.00 400.00 76948
001540 US BANK CORPORATE PMT. SYSTEM 07/01/2020 Regular 0.00 5,636.69 76949
**Void** 07/01/2020 Regular 0.00 0.00 76950
001325 VERIZON WIRELESS 07/01/2020 Regular 0.00 2,467.57 76951
002069 WATER'S EDGE CLEANERS 07/01/2020 Regular 0.00 172.00 76952

7/1/2020 7:33:45 PM Page 1 of 3


Check Register Packet: APPKT00073-6/30/2020 AP CHECK RUN AA
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number
002264 WEX BANK 07/01/2020 Regular 0.00 7,931.52 76953

Bank Code AP Summary


Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 114 41 0.00 47,417.34
Manual Checks 0 0 0.00 0.00
Voided Checks 0 3 0.00 0.00
Bank Drafts 0 0 0.00 0.00
EFT's 0 0 0.00 0.00
114 44 0.00 47,417.34

7/1/2020 7:33:45 PM Page 2 of 3


Check Register Packet: APPKT00073-6/30/2020 AP CHECK RUN AA

Fund Summary
Fund Name Period Amount
999 Pooled Cash 7/2020 47,417.34
47,417.34

7/1/2020 7:33:45 PM Page 3 of 3


Check Register
Clearlake, CA Packet: APPKT00084 - 7/9/20 AP CHECK RUN

By Check Number

Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number
Bank Code: AP-Accounts Payable
000591 ACTION SANITARY 07/09/2020 Regular 0.00 206.63 76954
001413 CAL BUILDING STANDARDS COM 07/09/2020 Regular 0.00 315.90 76955
002060 CALPELRA 07/09/2020 Regular 0.00 890.00 76956
001424 CLEARLAKE WASTE SOLUTIONS. 07/09/2020 Regular 0.00 284.57 76957
VEN01045 CliftonLarsonAllen LLP 07/09/2020 Regular 0.00 5,025.00 76958
002217 CSAC EXCESS INS AUTHORITY 07/09/2020 Regular 0.00 766.50 76959
000774 DEEP VALLEY SECURITY 07/09/2020 Regular 0.00 181.75 76960
000237 DEPT OF CONSERVATION 07/09/2020 Regular 0.00 212.27 76961
002010 DIEPENBROCK & COTTER LLP 07/09/2020 Regular 0.00 479.07 76962
000073 EASTLAKE SANITARY LANDFILL 07/09/2020 Regular 0.00 123.03 76963
002070 GOVERNMENTJOBS.COM INC 07/09/2020 Regular 0.00 6,654.30 76964
001949 ICE WATER DISTRIBUTORS INC 07/09/2020 Regular 0.00 258.75 76965
001373 JACKSON-LEWIS ATTORNEYS AT LAW 07/09/2020 Regular 0.00 678.50 76966
001775 JONES & MAYER 07/09/2020 Regular 0.00 25,056.84 76967
000108 LAKE COUNTY RECORD BEE 07/09/2020 Regular 0.00 554.42 76968
002169 LOS CARNEROS INVESTIGATIVE SVC 07/09/2020 Regular 0.00 300.00 76969
000144 MENDO MILL 07/09/2020 Regular 0.00 495.29 76970
**Void** 07/09/2020 Regular 0.00 0.00 76971
001715 MIDDLETOWN ANIMAL HOSPITAL 07/09/2020 Regular 0.00 581.80 76972
000128 MIDDLETOWN TOWING 07/09/2020 Regular 0.00 566.40 76973
000026 NATIONWIDE RETIREMENT SOLUTION 07/09/2020 Regular 0.00 897.44 76974
001392 OFFICE DEPOT 07/09/2020 Regular 0.00 87.23 76975
000016 PARSAC 07/09/2020 Regular 0.00 89,453.00 76976
001298 QUACKENBUSH MRRCF 07/09/2020 Regular 0.00 740.38 76977
002340 RETAIL STRATEGIES 07/09/2020 Regular 0.00 20,000.00 76978
001592 RICOH USA, INC 07/09/2020 Regular 0.00 91.59 76979
VEN01063 SIGNATURE PUBLIC FUNDING 07/09/2020 Regular 0.00 78,663.60 76980
000309 UCC RENTAL 07/09/2020 Regular 0.00 200.00 76981
000708 VALIC LOCKBOX 07/09/2020 Regular 0.00 685.00 76982
002304 VISIT LAKE COUNTY CALIFORNIA 07/09/2020 Regular 0.00 8,748.92 76983
002298 W-TRANS 07/09/2020 Regular 0.00 9,705.00 76984

Bank Code AP Summary


Payable Payment
Payment Type Count Count Discount Payment
Regular Checks 86 30 0.00 252,903.18
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
86 31 0.00 252,903.18

7/9/2020 12:04:16 PM Page 1 of 2


Check Register Packet: APPKT00084-7/9/20 AP CHECK RUN

Fund Summary
Fund Name Period Amount
999 Pooled Cash 7/2020 252,903.18
252,903.18

7/9/2020 12:04:16 PM Page 2 of 2


CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: July 16, 2020

Agenda Item No. 4


Subject: Consideration of Continuation of Declaration of Date: July 10, 2020
Local Emergency Issued on October 9, 2017 and
Ratified by Council Action October 12, 2017
Reviewed & Approved:

From: Melissa Swanson, City Clerk


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

ISSUE STATEMENT AND DISCUSSION:

On October 9th, 2017, former City Manager Folsom, as the Director of Emergency Services for
the City of Clearlake, declared in a Proclamation by the Director of Emergency Services
Declaring a Local Emergency:

“That conditions of extreme peril to the safety of the persons and property have arisen
within the City of Clearlake caused by the wildfire on October 9th, 2017.”

According to California Government Code Section 8630:

(a) A local emergency may be proclaimed only by the governing body of a city, county,
or city and county, or by an official designated by ordinance adopted by that governing
body.

(b) Whenever a local emergency is proclaimed by an official designated by ordinance,


the local emergency shall not remain in effect for a period in excess of seven days unless
it has been ratified by the governing body.

(c) The governing body shall review the need for continuing the local emergency at least
once every 30 days until the governing body terminates the local emergency.

(d) The governing body shall proclaim the termination of the local emergency at the
earliest possible date that conditions warrant.

1
On October 12th the Council ratified the Proclamation of the Local Emergency by adoption of
Resolution No. 2017-78. The Council must continue the Proclamation every 30 days or
terminate the local emergency.

It is recommended that the City Council again continue the Proclamation of Emergency ratified
in Resolution No. 2017-78 and review the status of the Proclamation again within 30 days.

FINANCIAL AND/OR POLICY IMPLICATIONS:

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

2
CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: July 16, 2020

Agenda Item No. 5


Subject: Consideration of Continuation of Declaration of Date: July 10, 2020
Local Emergency Issued on March 14, 2020 and
Ratified by Council Action March 19, 2020
Reviewed & Approved:

From: Melissa Swanson, Administrative Services


Director/City Clerk
Recommended Action: By motion keep declaration of emergency active and set next
review in sixty days

ISSUE STATEMENT AND DISCUSSION:

On March 13, 2020 City Manager Flora, as the Director of Emergency Services for the City of
Clearlake, declared in the attached Proclamation by the Director of Emergency Services
Declaring a Local Emergency due to the state and federal declaration of the COVID-
19/Coronavirus pandemic:

“That conditions of disaster or extreme peril to the safety of the persons and property
have within the City that are likely to be beyond the control of the services, personnel,
equipment, and facilities of the City”

According to California Government Code Section 8630:

(a) A local emergency may be proclaimed only by the governing body of a city, county,
or city and county, or by an official designated by ordinance adopted by that governing
body.

(b) Whenever a local emergency is proclaimed by an official designated by ordinance,


the local emergency shall not remain in effect for a period in excess of seven days unless
it has been ratified by the governing body.

(c) The governing body shall review the need for continuing the local emergency at least
once every 30 days until the governing body terminates the local emergency.

1
(d) The governing body shall proclaim the termination of the local emergency at the
earliest possible date that conditions warrant.

On March 19th, 2020, the Council ratified the Proclamation of the Local Emergency by adoption
of Resolution No. 2020-10. The Council must continue the Proclamation every 60 days or
terminate the local emergency.

It is recommended that the City Council again continue the Proclamation of Emergency ratified
in Resolution No. 2020-10 and review the status of the Proclamation again within 60 days.

FINANCIAL AND/OR POLICY IMPLICATIONS:

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

2
Item 7
MINUTES OF PREVIOUS MEETING

June 10, 2020

The regular monthly meeting of the Board of Trustees of the Lake County
Vector Control District was called to order at 1:34 P.M. by President
Giambruno.

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

Absent: Ron Nagy (excused).

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


and Ms. Jacinda Franusich, Office Manager.

Guests: None.

Citizen’s Input: None (Zoom remained open during the meeting, but no
member of the public attended or dialed into the meeting).

Agenda Additions/Deletions: None.

Approve Minutes of May 13, 2020 Regular Meeting


Mr. Leonard moved to approve the Board Minutes of May 13, 2020 Regular
Meeting. Mr. Bostock seconded the motion. Motion carried unanimously.

Research Report
Dr. Scott reported on vectorborne virus activity. There has been no West
Nile virus (WNV) activity in Lake County in 2020.

For the rest of California, WNV has been detected in six dead birds and four
mosquito samples.

Thirteen mosquito samples from Riverside County have tested positive for
St. Louis encephalitis virus in 2020.

For the rest of the country, West Nile virus has been detected in seven
states.

12
Dr. Scott reported on adult biting fly activity. During May, carbon dioxide-
baited traps were set in various locations around the county. The most
abundant mosquito species collected were Aedes sierrensis and Culiseta
incidens.

During May, the New Jersey Light Trap near Borax Lake collected a variety
of mosquito species including Aedes increpitus and Culex tarsalis.
Additionally, the New Jersey Light Trap in Upper Lake collected several
mosquito species as well.

The resting boxes in Kelseyville, Lakeport, and Upper Lake were sampled in
May. Five mosquito species were collected.

Dr. Scott reported on tick testing. Twenty 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. All the
ticks were negative.

Due to coronavirus restrictions lake checks were not done in May. Lake
checks should resume in June.

Operation Report
The rain gauge at the LCVCD office in Lakeport recorded 1.19 inches of
rainfall in May. Total rainfall for the season is at 14.08 inches.

The level of Clear Lake on May 1 was at 4.52 feet on the Rumsey Gauge
and dropped to 4.22 feet by May 31.

The District facilities remain closed to the public. Service requests can be
made online and by telephone. In addition, services such as picking up
mosquitofish and dropping off ticks or insects for identification are available
by arrangement with modifications to ensure social distancing.

Vector Control Technicians responded to 553 service requests in May.


Eighty-five service requests were submitted through the District’s website.

Several of the employee’s District-assigned cell phones were replaced in


May. The new smart phones will allow the employees to utilize maps and
other helpful applications.

13
On May 26, District employees received their annual heat illness prevention
and safety training. This training is required by the California Division of
Occupational Safety and Health.

Several District employees attended webinars regarding updates to CalSurv


Gateway, the online reporting system used for tracking mosquito and
arboviral activity.

Dr. Scott and Office Manager Jacinda Franusich continue to attend online
training related to the administrative developments due to COVID-19.

Dr. Scott has been participating in the Mosquito and Vector Control
Association of California (MVCAC) weekly COVID Zoom meeting to discuss
compliance and other issues affective vector control districts as a result of
the pandemic.

Consideration of Resolution No. 20-02 Resolution of Intention to Levy


Annual Assessment, Preliminarily Accepting Engineer’s Report and
Scheduling of Public Hearing
After some discussion, Mr. Spurr moved to approve Resolution No. 20-02
Resolution of Intention to Levy Annual Assessment, Preliminarily Accepting
Engineer’s Report and Scheduling of Public Hearing. Mr. Leonard seconded
the motion. Motion carried with a roll call vote as follows: Four in favor (Mr.
Giambruno, Mr. Spurr, Mr. Leonard, and Mr. Bostock), and one absent (Mr.
Nagy).

Approve Budget Transfers


No Budget Transfers were presented for approval.

Approve Checks for the Month of June 2020


Mr. Spurr moved to approve Check Nos. 19242–19304 for the month of June
2020 in the amount of $83,589.36. Mr. Bostock seconded the motion.
Motion carried unanimously.

Other Business
Dr. Scott mentioned that due to COVID-19 the District may need to conduct
more remote board meetings, and would the trustees be interested in the
District purchasing Chrome Books or tablets to be used for remote meetings.
The Trustees decided that as the District conference room is large and allows
for social distancing, in person meetings are preferable.

14
Announcement of the Next Regular Board Meeting
The next regular meeting of the Board of Trustees of the Lake County Vector
Control District will be at 1:30 P.M. on July 8, 2020 in the LCVCD Board
Room, 410 Esplanade, Lakeport, CA 95453.

Mr. Bostock moved to adjourn the meeting. Mr. Spurr seconded the motion.
There being no other business the meeting was adjourned by President
Giambruno at 2:09 P.M.

Respectfully submitted,

Ronald Nagy
Secretary

15
CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT


MEETING OF: July 16, 2020

Agenda Item No. 8

Subject: Consideration of a Memorandum of Date: June 25, 2020


Understanding (MOU) with the Konocti Unified
School District (KUSD) for a School Resource
Officer Reviewed & Approved:

From: Andrew White, Chief of Police

Recommended Action: Authorize the City Manager to execute the MOU with KUSD.

ISSUE STATEMENT AND DISCUSSION:

The Konocti Unified School District has nine schools located in Clearlake, Clearlake Oaks and
Lower Lake. The Clearlake Police Department currently has one full time School Resource
Officer (SRO) assigned to work full-time for the Konocti Unified School District (KUSD). The City
and KUSD desire to enter into a MOU for the 2020-21 school year.

Under the proposed MOU, KUSD will pay $130,835 to fund the cost of a full-time SRO, which
includes salary, benefits, training and vehicle usage costs. The City can also recover additional
overtime costs for other officers used at school events. KUSD will continue contracting with the
Lake County Sheriff’s Office (LCSO) for an SRO. This will allow the Clearlake SRO to focus their
efforts on schools within the city limits and provide supplementary support for the LCSO SRO at
schools outside the city.

Staff recommendation is to authorize the City Manager to execute the MOU with KUSD.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The MOU will provide $130,835 towards the cost of a full-time SRO, including salary, benefits,
training and vehicle costs. Any additional costs will continue to be funded within the existing
appropriations in the Police Department budget.
MEMORANDUM OF UNDERSTANDING
FOR SCHOOL RESOURCE OFFICER PROGRAM
BETWEEN THE
CITY OF CLEARLAKE AND
KONOCTI UNIFIED SCHOOL DISTRICT

This Memorandum of Understanding (MOU), entered into this _____ day of ________ 2020 by
and between the City of Clearlake (hereinafter known as “City”) and Konocti Unified School
District (hereinafter known as “District”) and will remain in effect until June 30, 2021. This
MOU is regarding services relative to the School Resource Officer Program (SRO) and is
authorized under Government Code 6500.

RECITALS

WHEREAS, both City and District have entered into this MOU in partnership to maintain a safe
and orderly learning environment with the outreach of the School Resource Officer Program in
the Konocti Unified School District.

AGREEMENT

It is hereby agreed by and between the parties hereto as follows:

1. General.

A. The Clearlake Police Department will provide administration of this MOU.

B. The Clearlake Police Department (CPD) will agree to provide one SRO to the
District. This officer will provide the service of an SRO primarily to District schools located
within the Clearlake city limits during normal school hours and special events with prior
approval from both District and CPD. The SRO will supplement and work collaboratively with
the SRO provided by the Lake County Sheriff’s Office (hereafter referred to as the LCSO SRO).
The LCSO SRO’s primary responsibility will be District schools located outside the Clearlake
city limits, but they will also supplement and work collaboratively with the CPD SRO. Any
event (that may require law enforcement response) that may occur on a District campus not
during normal school business hours will be the responsibility of the law enforcement agency
that provides service to that jurisdiction. During time that the assigned SROs are not on duty
(due to training, court time, vacation or sickness, etc.), it will be the responsibility of the local
law enforcement jurisdiction to respond and provide whatever services are requested to/from
District. If at any time there is an emergency on any of the District campuses that requires
immediate law enforcement involvement, the local law enforcement jurisdiction will be notified
for the appropriate response.

C. The position of the SRO will be under the supervision of the Clearlake Police
Department as an employee of the Clearlake Police Department, with direct reporting to the
Superintendent of District. The District shall fund the position in the amount of $130,835, which

1
includes the salary and benefits and marked vehicle usage. This amount includes any non-Peace
Officers Standards and Training-reimbursable School Resource Officer training, overtime and
compensatory time, and any time required for court appearances related to the duties of the
School Resource Officers.

D. District may request additional Clearlake police officers to work school events,
such as football games and school dances. District will reimburse City for overtime costs of these
personnel.

E. City shall submit to District an invoice once every three months for payment for
services rendered under this MOU. The invoice will include time accountability for overtime
reimbursement requests submitted pursuant to Section D.

F. The SRO’s hours of work will generally be a 4/10 schedule, Monday through
Thursday from 7:00am to 5:00pm. This schedule may be adjusted to ensure coverage for school
events. The 4/10 schedule may be reverted to a 5/8 schedule with 30 days notice from the
Superintendent of District to the Chief of Police and following an opportunity to meet and
discuss. The School Resource Officer shall be available for other school events, such as football
games and school dances, as needed.

G. District will provide the School Resource Officer access to district-owned


premises, including keys and key codes, as well as access to pertinent student records, as needed
in the performance of his/her duties. The School Resource Officer will comply with the District’s
policies regarding confidentiality of student records.

H. The SRO position will not generally be required to respond to staffing level
impacts within the department and will be assigned specifically for utilization as an SRO,
excepting an unforeseeable emergency situation.

2. Insurance

A. City and District shall maintain or be self insured for comprehensive, broad form,
general public liability insurance against claims and liabilities for personal injury, death, or
property damage, proving protection of at least $1,000,000 for bodily injury or death to any one
person for any one accident or occurrence and at least $1,000,000 for property damage occurring
on their respective property.

B. City shall maintain Worker’s Compensation Insurance for its personnel as may be
required by state law.

C. City is self insured through the Public Agency Risk Sharing Authority (PARSAC)
for general liability, Worker’s Compensation Insurance and automobile liability coverage.

3. Term

2
The term of this MOU may be terminated by either party by giving at least 30 (thirty) days
advance written notice to the other party.

4. Notices

All notices and communications shall be in writing and shall be deemed given and served upon
delivery if delivered personally, or five days after mailing if sent by first class mail as follows:

Clearlake Police Department Konocti Unified School District


Attn: Chief of Police Attn: Superintendent
14050 Olympic Drive 9340-B Lake Street
Clearlake, CA 95422 P.O. Box 759
Lower Lake, CA 95457

Updates may be made to the above noted addresses/addressees as needed based upon mailing
address or personnel changes.

IN WITNESS THEREOF, this Agreement has been executed by the parties on the day and year
first above written.

CITY OF CLEARLAKE KONOCTI UNIFIED SCHOOL DISTRICT

BY ___________________________ BY ___________________________
Alan Flora Dr. Becky Salato
City Manager District Superintendent

3
CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: July 16, 2020
Agenda Item No. 9

Subject: Award of Construction Contract for the 2020 Date: July 9, 2020
Double Chip Seal- South West Avenues Project

Reviewed & Approved:

From: Adeline Brown, Engineer Tech

Recommended Action: Authorize City Manager to enter into a contract with Pavement
Coatings Co. for construction of the 2020 Double Chip Seal- South
West Avenues Project in the amount of $98,650 and authorize the
City Manager to approve up to 10% for additional unforeseen
contract amendments.

ISSUE STATEMENT AND DISCUSSION:


The City advertised a Notice Inviting Bids for the $98,650 on June 6, 2020. This project was
advertised on the City website, advertised in the newspaper and sent to various Builders
Exchange Plan rooms. The City opened bids on July 2, 2020 from the following contractors:

• VSS International - $120,120


• Northwest Paving - $124,476
• Pavement Coatings - $98,650

Staff recommends that the City Council approve and direct the City Manager to enter into a
contract with Pavement Coatings Co. in the amount of $98,560 and authorize the City Manager
to approve up to 10% for additional unforeseen contract amendments.

FINANCIAL AND/OR POLICY IMPLICATIONS:


There are no policy implications with this recommendation. Funding for this project is available
using Measure V funds.

STRATEGIC PLAN IMPLEMENTATION:


2020 Double Chip Seal- South West Avenues Project is an important project in helping to
implement Strategic Plan Goal #3: Improve the Quality of Life in Clearlake with Improved Public
Facilities.
CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT


MEETING OF: July 16, 2020
Agenda Item No. 10

Subject: Consideration of Acceptance of the property Date: July 16, 2020


located at 16034 26th Avenue

Reviewed & Approved:

From: Tina Viramontes – Facilities Coordinator/Deputy


City Clerk

Recommended Action: Accept the property located at 16034 26th Avenue and authorize the
City Manager to sign the Certificate of Acceptance.

ISSUE STATEMENT AND DISCUSSION:

The Marin County Public Guardian as conservator of the person and estate of Michael C. Allyn,
property owner of 16034 26th Avenue, has offered to donate the property to the City of Clearlake.
If approved and accepted by the Clearlake City Council, this parcel would be presented to the
Clearlake Planning Commission to verify the donation is consistent with the General Plan. The
City intends to offer the property to a qualifying purchaser to build a new construction home.
Recording Requested by:
City of Clearlake

WHEN RECORDED MAIL TO:


Marin County Public Guardian
10 N. San Pedro Road, Suite 1009
San Rafael, CA 94903

MAIL PROPERTY STATEMENTS TO:


City of Clearlake
City Clerk
14050 Olympic Drive
Clearlake, CA 95422

APN: 042-182-170 SPACE ABOVE THIS LINE FOR RECORDER'S USE


Documentary Transfer Tax $ None
Signature of Declarant

____________________________
Marin County Public Guardian

QUITCLAIM DEED

Marin County Public Guardian, as conservator of the person and estate of Michael C.
Allyn, acting under the authority of the ORDER GRANTING PETITION FOR
AUTHORITY TO ABANDON CONSERVATEE’S PROPERTY, by the Superior Court
of California, County of Marin, Case No. PR1003041,

Hereby Remises, Releases and Forever Quitclaims to

City of Clearlake, a municipal corporation of the State of California,

all right, title, and interest, in the real property in the City of Clearlake, County of Lake,
State of California, described as follows:

Lot 4, Block 65, as shown on that certain map entitled “TRACT NO. 4, CLEARLAKE
HIGHLANDS,” filed in the office of the County Recorder of said Lake County on January
23, 1924, in Book 3 of Town Maps at Pages 66 to 75 inclusive.

16034 26th Avenue, Clearlake, CA

DATED: __________________________

Marin County Public Guardian

CITY OF CLEARLAKE CERTIFICATE OF ACCEPTANCE ATTACHED HERERO AND MADE A PART HEREOF
ADDRESS: 16034 26th Avenue
APN: 042-182-170

CERTIFICATE OF ACCEPTANCE OF GRANT


OF INTEREST IN REAL PROPERTY

THIS IS TO CERTIFY that the interest in real property conveyed by


the attached Quitclaim Deed dated_______________, 2020 from Marin County

Public Guardian, as conservator of the person and estate of Michael C.

Allyn, acting under the authority of the Order Granting Petition for Authority to

Abandon Conservatee’s Property, by the Superior Court of California, County of

Marin, Case No. PR1003041, to the City of Clearlake, a California municipal

Corporation is hereby accepted by order of the City Council of the City of

Clearlake and the grantee consents to the recordation thereof by its duly

authorized officer.

Dated

City Manager

Attest:

____________________________
City Clerk
CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT


MEETING OF: July 16, 2020
Agenda Item No. 11

Subject: Notification of Expiring Committee Date: July 10, 2020


Appointments

Reviewed & Approved:

From: Melissa Swanson, Administrative Services


Director/City Clerk

Recommended Action: Receive and file

ISSUE STATEMENT AND DISCUSSION:

The annual listing of Mayor’s Appointments is attached for your Council review per the Council
Norms and Procedures.

Upcoming committee expirations include: three Planning Commission seats in March 2021 and
three Measure V Citizen Oversight Committee seats at the end of 2020.

FINANCIAL AND/OR POLICY IMPLICATIONS:


None.
CITY OF CLEARLAKE
2020 MAYOR’S APPOINTMENTS
ABANDONED VEHICLE AUTHORITY MEETS:
Lake County Building Department Russ Perdock, Member Third Wednesday of the
Code Enforcement Division Phil Harris, Alternate month at 1 PM; alternating
255 No. Forbes St. Clearlake/Lakeport
Lakeport, CA 95453
263-2309

SEWER DISTRICT 1-6 ADVISORY BOARD


Lake County Special Districts Dirk Slooten, Member As needed
Attn: Administrator
230 No. Main St.
Lakeport, CA 95453
263-0119

RESOURCE MGMT COMMITTEE


Lake County Water Resources Department Joyce Overton, Member As needed
Director Phil Harris, Alternate
255 No. Forbes St.
Lakeport, CA 95453
263-2341

INTEGRATED WASTE MANAGEMENT TASK FORCE/SOLID WASTE DIVERSION COMMITTEE &


CLEARLAKE SOLID WASTE COMMITTEE
Lake County Public Services Russ Perdock, Member As needed
Director Phil Harris, Alternate
333 – Second Street
Lakeport, CA 95453
262-1760

VECTOR CONTROL BOARD OF TRUSTEES (4 year term – expires 2023)


Jamesina J. Scott, Director Curt Giambruno 2nd Wed. of the mo.
1:30 p.m.
P.O. Box 310
Lakeport, CA 95453 One member is chosen by each incorporated City, and three
members are chosen by the Board of Supervisors, for a total of
five members.

P.E.G. BOARD
14050 Olympic Drive Russ Perdock, Member 2nd Mon of the mo. at
Clearlake, CA 95422 Phil Harris, Alternate 6:00 p.m. alternating in
Clearlake/Lakeport

TRAFFIC SAFETY COMMITTEE


City of Clearlake Joyce Overton, Member Meets quarterly as needed
Russ Perdock, Alternate
City Engineer, Member
Public Works Director or designee, Member
Clearlake Police Department representative, Member
Lake County Fire Protection District representative, Member
Sheryl Almon, Public Member

LEAGUE OF CALIFORNIA CITIES, REDWOOD EMPIRE DIVISION

Division Business Meeting and Legislative Committee Joyce Overton, Member


Russ Cremer, Alternate
2/20/2020
AREA PLANNING COUNCIL (APC)/TRANSIT AUTHORITY City Representative
Lisa Davey-Bates, Executive Director Russ Perdock, Member
367 N. State Street, Suite 204 Russ Cremer, Member
Ukiah, CA 95482 Phil Harris, Alternate
234-3314
Meets 2nd Wed of mo.
9:00 a.m. alternating in Lower
Lake and Lakeport

LAKE COUNTY CLEAN WATER PROGRAM ADVISORY COUNCIL


(NPDES-National Pollutant Discharge Elimination System)
Lake County Water Resources Department Public Works Department Representative, Member
Director Vacant, Alternate
255 No. Forbes St.
Lakeport, CA 95453 Meets as needed
263-2341

CLEARLAKE PLANNING COMMISSION


(4 Year Staggered Terms Expiring in Odd Numbered Years) Meets the 1st and 3rd Tues
of the mo. at 6:00 p.m.

Name Appointed Term Expiration


Richard Bean 03/21/17 03/11/21
Kathryn Fitts 06/19/18 03/11/21
Robert Coker 08/21/18 03/11/21
Lisa Wilson 02/19/19 03/11/23
Erin McCarrick 05/05/20 03/11/23

ZONING CODE UPDATE/DESIGN REVIEW MANUAL STEERING COMMITTEE


Meets as needed
Wednesdays at 6:00 p.m.
Dirk Slooten, Councilmember
Planning Commission Appointee
Planning Commission Appointee
Dave Hughes, community member
Bob Mingori, community member
Chuck Leonard, community member

MEASURE V CITIZEN OVERSIGHT COMMITTEE


Meets as needed

Curt Giambruno, Chair Appointed by S. Nick Bennett 2016-2020


Ray Silva, Member Appointed by Phil Harris 2016-2020
Mike Vandiver, Member Appointed by Joyce Overton 2016-2020
Sheryl Almon, Member Appointed by Russ Cremer 2018-2022
Bruno Sabatier, Member Appointed by Dirk Slooten 2018-2022

CLEARLAKE MARKETING COMMITTEE

Dirk Slooten, Councilmember Meets the 3rd Wed of the mo. at 2:00 p.m.
Joyce Overton, Councilmember
David Claffey, Community Member
Clear Lake Chamber of Commerce Representative
Stephanie Codling, Community Member

2/20/2020
APPOINTED BY MAYORS’ SELECTION COMMITTEE:

(The following are recommended appointments from the Mayor to the Mayors’ Selection Committee that will make
the final appointments)

Lake Local Agency Formation Commission (4 Yr Term: 1/1/19 – 1/1/23)


NOTE: APPOINTED BY MAYORS’
SELECTION COMMITTEE Meets 3rd Wed.
John Benoit, Executive Director Dirk Slooten, Member at 9:00 a.m. alternating
P.O. Box 2694 Joyce Overton, Alternate in Clearlake/Lakeport
Granite Bay, CA 95746
707-592-7528
(916) 797-7631 FAX
johnbenoit@surewest.net
jbenoit@icloud.com

LAKE COUNTY AIRPORT LAND USE


COMMISSION
Lake County Planning Department Russ Cremer, Member Meets as needed
255 No. Forbes St. Dirk Slooten, Alternate
Lakeport, CA 95453
263-2221
MAYORS’ SELECTION COMMITTEE
Chairman of the Board of Supervisors
City of Clearlake Mayor
City of Lakeport Mayor
Staff: Carol Huchingson, County Administrator
County of Lake
255 No. Forbes St
Lakeport, CA. 95453

2/20/2020
CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: July 16, 2020

Agenda Item No. 12

Subject: To hear and act upon appeals of Abatement Date: July 8, 2020
Orders, in accordance with Clearlake Municipal
Code Chapter 18, Articles 9 and 10; Adopt
Reviewed & Approved:
Resolution No. 2020-32, Resolution No. 2020-33.

From: Lee Lambert, Code Enforcement Supervisor

Recommended Action: 1. Hear testimony regarding abatement orders.


2. Make determinations for each property by resolution based
on the evidence presented at the hearing.

ISSUE STATEMENT AND DISCUSSION:

The purpose of this hearing is to consider and act upon any and all appeal(s) of Abatement
Orders. Upon due consideration of the evidence and testimony submitted by staff and the
appellant(s), the Council may:

1. Grant the appeal and approve said Resolution, declaring that the outdoor cultivation of
marijuana at said property is not constituted as a public nuisance; or
2. Deny the appeal and approve said Resolution, upholding the Abatement Order for the
outdoor cultivation of marijuana at said property and direct the owner to abate the public
nuisance.

The following is a summary identifying subject properties, property owner(s) and appellant(s):

1. Resolution No. 2020-32


Location: 3722 Jefferson Avenue Clearlake, CA 95422 A.P.N. 039-451-430
Owner(s): Yiggins, Yimisha Life Tenant
Appellant(s): Anderson, Lonnie

1. Resolution No. 2020-33


Location: 15409 Stanyon Street Clearlake, CA 95422 A.P.N. 041-351-310
Owner(s): Williams, Xavier
Appellant(s): The Sutch Family
In each case, the illegal outdoor cultivation of marijuana was observed by a code enforcement
officer. As a result of their observations and documented evidence, and in accordance with
Clearlake Municipal Code Chapter 18, Articles 9 and 10, a Notice of Abatement Order was sent
to the property owner(s) via U.S. Mail, as well as posted on the property in violation.

In a timely manner, the property owner(s) and / or appellant(s), submitted a request for an
Abatement Order Appeal hearing and paid the associated hearing fees.

Pursuant to the Municipal Code, the City Council shall hear testimony from any interested person
regarding the specified condition or use deemed to be a public nuisance. Upon conclusion of the
hearing for each property, the City Council shall make a determination by resolution based on
the evidence presented at the hearing.

An abatement order hearing is limited to consideration of the abatement order only. Any
administrative citation must be appealed as per the instructions on the citation.

Staff recommends the City Council deny said protests. Attached are the proposed Resolutions
that may be orally modified by the City Council prior to adoption based on the evidence
presented. All evidentiary documents will be provided to Council at the place where it governs,
at the time of said hearing.

FINANCIAL AND/OR POLICY IMPLICATIONS:

No negative monetary impact to the City’s budget.

The proposed action will support the following Council adopted goals: Make Clearlake a Visibly
Cleaner City and Make Clearlake a Statistically Safer City.
RESOLUTION NO. 2020-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE DENYING THE


APPEAL OF AN ABATEMENT ORDER AT REAL PROPERTY LOCATED AT 3722 JEFFERSON
AVENUE IN ACCORDANCE WITH CHAPTER XVIII, ARTICLE 9 AND 10, OF THE CLEARLAKE
MUNICIPAL CODE

WHEREAS, the City of Clearlake has adopted Chapter XVIII, Article 9 and 10, of the Clearlake
Municipal Code establishing procedures for issuing an Abatement Order and hearing
Abatement Order appeals for the cultivation of marijuana from property located within the City
of Clearlake and for personal use; and

WHEREAS, the City of Clearlake has complied with the procedure as set forth in said code(s);
and

WHEREAS, the City Council has heard and acted on all protests at a hearing held on July 16,
2020, and all testimony provided is incorporated herein by reference; and

WHEREAS, any petition for judicial review of a decision of the City Council regarding this matter
shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the
California Code of Civil Procedure.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Clearlake that the appeal of
an Abatement Order at real property located at 3722 Jefferson Avenue, also known as
Assessor’s Parcel Number 039-451-430, has been denied and a public nuisance exists at said
real property.

BE IT FURTHER RESOLVED that the City Council of the City of Clearlake has denied the
applicant’s appeal and direction has been given to the applicant(s) to abate said public
nuisance.

PASSED AND ADOPTED by the City Council of the City of Clearlake, County of Lake, State of
California, on this 16th day of July 2020, by the following vote:

AYES:
NOES:
ABSTAIN:
ABSENT:

ATTEST:

________________________ ____________________________
City Clerk Russell Cremer- Mayor
RESOLUTION NO. 2020-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE DENYING THE


APPEAL OF AN ABATEMENT ORDER AT REAL PROPERTY LOCATED AT 15409 STANYON
STREET IN ACCORDANCE WITH CHAPTER XVIII, ARTICLE 9 AND 10, OF THE CLEARLAKE
MUNICIPAL CODE

WHEREAS, the City of Clearlake has adopted Chapter XVIII, Article 9 and 10, of the Clearlake
Municipal Code establishing procedures for issuing an Abatement Order and hearing
Abatement Order appeals for the cultivation of marijuana from property located within the City
of Clearlake and for personal use; and

WHEREAS, the City of Clearlake has complied with the procedure as set forth in said code(s);
and

WHEREAS, the City Council has heard and acted on all protests at a hearing held on July 16,
2020, and all testimony provided is incorporated herein by reference; and

WHEREAS, any petition for judicial review of a decision of the City Council regarding this matter
shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the
California Code of Civil Procedure.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Clearlake that the appeal of
an Abatement Order at real property located at 15409 Stanyon Street, also known as Assessor’s
Parcel Number 041-351-310, has been denied and a public nuisance exists at said real property.

BE IT FURTHER RESOLVED that the City Council of the City of Clearlake has denied the
applicant’s appeal and direction has been given to the applicant(s) to abate said public
nuisance.

PASSED AND ADOPTED by the City Council of the City of Clearlake, County of Lake, State of
California, on this 16th day of July 2020, by the following vote:

AYES:
NOES:
ABSTAIN:
ABSENT:

ATTEST:

________________________ ____________________________
City Clerk Russell Cremer- Mayor
CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT


MEETING OF: July 16, 2020

Agenda Item No. 13

Subject: Consideration of Resolution No. 2020-31, A Date: 7/7/2020


Resolution of the City of Clearlake, approving
an 18-month Street Closure of Multiple Roads,
as an Effort to Reduce Illegal Dumping Reviewed & Approved:

From: Dale Goodman – Public Works Director

Recommended Action: Motion to adopt Resolution No. 2020-31

ISSUE STATEMENT AND DISCUSSION:

The last several years Public Works, Code Enforcement and public volunteers have cleaned up
and removed tons of trash, debris and hazardous waste from the homeless camps and illegal
dumping’s in the public roads north west of Pomo Elementary School, and the area to the east
of Tractor Supply. Even with the volunteers, donations of equipment and personnel from other
agencies, it still cost the City thousands of dollars in time and use of equipment to clean up the
area. Closing the roads will likely not be one hundred percent effective but staff believes it will
help reduce the trash, debris and hazardous waste dumped in the area. The road closures would
not restrict access to any current homeowners, only access to vacant lots. The City would make
arrangements with owners to access their property for lawful purposes, as needed. This action
focuses on the area near Pomo School, but if it proves somewhat successful, staff will recommend
a similar program in the area to the east of Walmart and Tractor Supply.

The Scope of work to be done in the location by Public Works:

• Furnish and install concrete blocks on each side of the access point to each road with an
attached cable or chain across the road.
• Install Road Closed, No Dumping, No Trespassing and or No Camping signs.
• Notify public, Police Department and Fire Department of road closures.

This action required a legal notice in the local newspaper as well as notices to potentially
impacted property owners. Notices, as well as a letter from the City describing the intent,
were sent consistent with state law. To view a map of closure locations click here.
FINANCIAL AND/OR POLICY IMPLICATIONS:

Public Works has purchased 22 36”x24”x24”, 3,600lb, concrete blocks, cable, clamps, eyebolts
and epoxy needed to complete the project, at a cost of approximately $4,000.

RECOMMENDED ACTION

That the Council pass the attached Road Closure Resolution, for the health and welfare of the
public and protection of the environment.

ATTACHMENTS:

A. List of roads to be closed.


B. Resolution for closure of the listed roads.
RESOLUTION NO. 2020-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE AUTHORIZING THE


TEMPORARY CLOSURE OF A CERTAIN ROADS, TO REDUCE ILLEGAL DUMPING AND TO
PROTECT THE ENVIRONMENT, AND THE PUBLIC HEALTH AND WELFARE

WHEREAS, the City Manager has requested permission from the City Council to temporarily
close the road segments listed in Attachment A, for a period of eighteen (18) months, with the
possibility of extension,

WHEREAS, the City Council of the City of Clearlake deems such closure necessary for the health
and welfare of the public and the protection of the environment,

NOW, THEREFORE, the City Council of the City of Clearlake hereby authorizes the temporary
road closure of the road segments listed in Attachment A.

PASSED AND ADOPTED on July 16, 2020, by the following vote:

AYES:
NOES:
ABSTAIN:
ABSENT:

_______________________________
Mayor, City of Clearlake
ATTEST:

_______________________________
City Clerk, City of Clearlake
EXHIBIT A

ROAD CLOSURE LIST

• Oleander St from Eastlake Dr to Sonoma Ave


• Mint St from Eastlake Dr to Sonoma Ave
• Peony St from Eastlake Dr to Oregon Ave
• From 3283 Tonyo St south to Oregon Ave
• Oregon Ave from Mint St to Park St
CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT


MEETING OF: July 16, 2020

Agenda Item No. 14

Subject: Public Hearing to Consider Acceptance of the Date: July 9, 2020


State Community Development Block Grant
Coronavirus Aid Relief and Economic Security Act
(CDBG-CV) in the amount of $122,279 Reviewed & Approved:

From: Tina Viramontes- Facilities Coordinator/Deputy


City Clerk

Recommended Action: 1) Open the public hearing and receive public comment
regarding the Community Development Block Grant
Coronavirus Aid, Relief and Economic Security Act (CDBG-
CV1) program and possible activities and projects to be
considered for funding under the upcoming Notice of
Funding Availability (NOFA) process; and

2) Provide direction for staff to prepare an application (Due


August 31) in response to the release of the Notice of
Funding Availability (NOFA) for CDBG-CV1 funds for COVID-
19 related activities that benefit low- and moderate-income
residents.

ISSUE STATEMENT AND DISCUSSION:

On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES)
Act in response to the impacts of the COVID-19 pandemic. The California State Department of
Housing and Community Development (HCD) published a Notice of Funding Availability (NOFA)
for Community Development Block Grant Coronavirus Aid, Relief, and Economic Security (CDBG-
CV1) funds on June 5, 2020 for $18.7 million in funds. Eligible cities and counties may submit
applications for CDBG-CV1 funds under the NOFA for the allocation of $122,279 to our
community. A maximum of three (3) activities will be allowed under this application cycle. Each
activity must expend all funds within 12 months of the contract execution.

The CDBG-CV1 Notice of Funding Availability (NOFA) provides funding ONLY for the following
Activities, which are narrowly tailored as described in Section II.A and Section II. B of the Notice
of Funding Availability (NOFA) (attached):
• Assistance to businesses and microenterprises impacted by COVID-19 stay-at-home
orders and shut-downs
• Public services related to COVID-19 support
• Facility improvements related to COVID-19 healthcare and homeless housing needs
• Acquisition of real property to be used for the treatment or recovery of infectious
diseases in response to COVID-19

All activities are required to meet a National Objective as outlined under Section IV. of the
attached NOFA. Before submitting an application, the first step required is to hold a public
hearing. The purpose of the public hearing is to gather information regarding the needs of the
community and business community. Staff will then work to prepare the final application for
approval at a future meeting prior to submittal. The deadline for the submittal is August 31,
2020.

Eligible activities for the grant funding are limited to the following:

A. Community Development
1) Public services to respond to COVID-19 impacts
2) Public facility improvements to increase capacity for healthcare facilities (facility
improvements must include a documented connection with healthcare facility needs)
3) Public facility acquisition, provided that the end use increases healthcare facility capacity
4) Acquisition and/or improvement of housing facilities for persons experiencing
homelessness

B. Economic Development with a focus on job retention


1) 1.Business assistance
2) 2.Microenterprise assistance (including Micro-financial assistance and Technical
assistance)
Project and program activities are also limited to the IDIS Matrix Codes as provided on Page 25
of the NOFA. The funds can be used to contract with a service provider to provide the desired
program or to administer a program by the City. It is important to note that the funding includes
extensive requirements for administration and data on both contractors and recipients of the
services. Therefore, it is preferable to plan project or program and avoid dividing it into small
subrecipient grants to avoid duplicative administrative work. In addition, the data that needs to
be collected from recipients of the services may limit the types of services the funding can
feasibly be used for. Additionally, funds can be combined with other agency funding through
MOU’s to combine funding to one project or program for maximum results.

Based on staff’s analysis of options available, we recommend the consideration of the following:

Staff proposes to make upgrades to the Senior Center kitchen and facilties. This will enhance the
utilization of the Senior Center and all allow for more meals to be served. Due to COVID the
volume of meals prepared and provided from the Senior Center has increased significantly, but
storage and preparation of a large volume of food is diffuclt with the current set up.

COST ANALYSIS:
It is estimated that the City will be eligible to receive up to $122,279 based on a formula provided
by HCD in the NOFA. Of that amount, 17% can be used towards administration, which will include
the consultant’s cost for administering the grant and reimbursement of staff time.
ENVIRONMENTAL REVIEW:
CEQA and NEPA review will be considered based on the project or program selected. Programs
are provided an exemption and documents will be completed accordingly.

ALTERNATIVES:
The following alternatives are provided for consideration:
1. Receive public input and direct staff to prepare an application for funding for upgrades to
the Senior Center kitchen and facilities.
2. Receive public input and direct staff to prepare an application for funding for another
program or programs;
3. Direct staff to solicit additional public input;
4. Direct staff to not prepare or submit an application for funding; or
5. Provide other direction to staff.
CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT


MEETING OF: July 16, 2020

Agenda Item No. 15

Subject: Discussion Regarding a Letter of Intent to Date: July 7, 2020


Purchase a Portion of the “Airport Property”
Located at 6356 Armijo Avenue and 6393 James
Street, Clearlake Reviewed & Approved:

From: Alan D. Flora, City Manager

Recommended Action: Authorize the City Manager to Sign the Proposed Letter of Intent
with King Management, LLC to Purchase a Portion of the “Airport
Property”

BACKGROUND:

As you are aware the former Pierce Field Airport was owned by the Clearlake Redevelopment
Agency and is known as the “Airport Property”. This property has been intended for commercial
development for many years, but completion of the project has been hampered by many things,
including the Great Recession, lawsuits and other hurdles.

Over a year ago the City entered into a Letter of Intent with Village Investment Partners with the
desire to market both the City-owned property, the former waterpark property and other
property in the area. After the period of the LOI ended in April, staff have been working with
Retail Strategies to develop interest in the City-owned portion of the property. King Management
is interested in expanding their portfolio of hotels into the Clearlake area.

Staff is working on a number of options and ideas related to the overall development of the
Airport property and believe that the best path forward is to enter into an LOI while negotiations
continue. King Management would like an executed LOI in a timely manner in order to obtain
development incentives from a national hotel brand for the site. This agreement would provide
King Management a six-month window to perform due diligence and work though infrastructure
and other planning items with the City. If adequate interest exists, the parties would negotiate
a purchase and sale contract, or possibly a long-term lease agreement.

1
The “Airport Property” includes a total of eight parcels, totaling approximately 27.29 acres, while
this LOI applies only to two parcels (See Exhibit A) at the far norther portion of the property.
These properties were never part of the previous plans for retail development, but are well suited
for a hotel with expansive views of Clear Lake.

These properties were under the ownership of the Clearlake Redevelopment Agency. Upon the
Agency dissolution, a Long Range Property Management Plan (LRPMP) was created and approved
by the Department of Finance (DOF). This Plan approved the transfer of all the property from the
Agency to the City of Clearlake, as long as it was maintained for public use, primarily as a public
works corporation yard. The LRPMP did allow that while the properties “…have been approved
by DOF as Government Use future development activity in the area may warrant that some or all
the property be sold to a private developer for commercial uses. If this should occur, the City
corporate yard will either need to be relocated or consolidated into one or more of the existing
parcels. The property would then be sold at fair market value and the Agency would reach a
compensation agreement under which the sale proceeds would be distributed to the applicable
taxing entities in accordance with the provision of AB 26 and 1484 upon approval by the Oversight
Board.”

If King Management is successful in intiating a hotel development for the “Airport Property”
development, and a purchase and sale contract is reached, the Redevelopment Agency Oversight
Board would be required to agree to the sale.

FINANCIAL AND/OR POLICY IMPLICATIONS:


The LOI is a step towards the Council’s Goal #7 – City Policies will Support Economic
Development, and Objective #2 Market Real Estate for Development.

RECOMMENDED ACTION:
Authorize the City Manager to Sign the Proposed Letter of Intent with King Management, LLC to
Purchase a Portion of the “Airport Property”

ATTACHMENTS:
A. Property Map
B. Letter of Intent

2
MANZANITA

PINE
JAM ES

VALLEJO
SPRUCE

ARMIJO
VICTOR

FR
A
NC
ISC
O

53
042-052-19
6393 JAMES ST
042-121-25

53
1.252996 ac.
6356 ARMIJO AVE
2.798563 ac.

H
18T
OL
D
HW
Y
53

WARNER

Legend
ROADS - Public/Private
MEADOWBROO K

Public

Private

N
State

Hotel Parcels

NORTHERN AIRPORT PROPERTIES Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus
Date: 7/7/2020
DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
LETTER OF INTENT TO PURCHASE REAL ESTATE

The purpose of this Letter of Intent (LOI) is to set some of the basic terms and
conditions of the proposed purchase by King Management, LLC (the “Buyer”) of certain
real estate owned by the City of Clearlake (the “Seller”). The terms set forth in this Letter
will not become binding until a more detailed “Purchase Agreement” is negotiated and
signed by the parties, as contemplated below by the section of this Letter entitled “Non-
Binding.”

1. PROPERTY ADDRESS: The property proposed to be sold is approximately 4 acres


located at: 6356 Armijo Avenue (APN 042-121-25) & 6393 James Street, Clearlake (APN
042-052-19). See Exhibit A.

2. PRICE: The proposed purchase price is to be determined during the LOI period.

3. POSSESSION: Possession would be given at closing, or sooner by mutual


agreement. Settlement would be made at the closing, immediately prior to
possession.

4. INSPECTION: After the final acceptance of a binding Purchase Agreement, Buyer


may have the Real Estate inspected by a person of Buyer’s choice to determine if
there are any structural, mechanical, plumbing or electrical deficiencies,
structural pest damage or infestation, any unsafe conditions or other damage,
including the presence of radon gas, any lead-based paint hazards, or other
environmental issues and inspections for other conditions that are customary to
the locality and/or that are required by law.

5. CLOSING COSTS: Each party will bear the burden of their own costs related to
closing.

6. STANDARD PROVISIONS: The Purchase Agreement will include the standard


provisions that are customary to the locality and/or that are required by law.

7. ADDITIONAL PROVISIONS:

 Term: 180 days

o Developer Responsibilities:
 Negotiate a Purchase and Sale Agreement or Lease Agreement within 180
days.
 Develop a 60-80 room nationally branded hotel with small conference
center, pool, and other amenities.
 Perform its own due diligence.
 Provide evidence of project funding.
 Work mutually with the City towards additional development at the
“Airport” site including but not limited to a truck stop or gas station.
o City Responsibilities:
 Negotiate a Purchase and Sale Agreement or Lease Agreement within 180
days
 Provide improved roadway access to Highway 53 via 18 th Avenue and
utility access to the site
 Take actions to abandon all or part of unimproved rights-of-way known
as James Street, Armijo Avenue, and/or Spruce Avenue if determined
appropriate for site design.
 Work mutually with the Developer towards additional development at
the “Airport” site including but not limited to a truck stop or gas station.

8. STAND STILL: Seller shall not initiate or carry on negotiations for the sale of the
Real Estate with any party other than Buyer unless either (1) Buyer and Seller fail
to enter into a binding Purchase Agreement by 180 days from the time of
acceptance of this agreement, or (2) Buyer and Seller agree in writing to
abandon this Letter of Intent.

9. NON-BINDING. This letter of Intent does not and is not intended to contractually
bind the parties, and is only an expression of the basic conditions to be
incorporated into a binding Purchasing Agreement. This Letter does not require
either party to negotiate in good faith or to proceed to the completion of a
binding Purchase Agreement. The parties shall not be contractually bound unless
and until they enter into a formal, written Purchase Agreement, which must be
in form and content satisfactory to each party and to each party’s legal counsel,
in their sole discretion. Neither party may rely on this Letter as creating any legal
obligation of any kind.

Notwithstanding the provisions of this paragraph to the contrary, Seller and Buyer agree that
the above paragraph entitled “Stand Still” shall be binding, regardless of whether a binding
Purchase Agreement is entered into between the parties.

The above LOI reflects our mutual understanding and sets forth the basis for proceedings
to negotiate a Purchase Agreement as outlined above.

SELLER: BUYER:

City Manager, City of Clearlake Suraj Patel, King Management, LLC


DATE OF ACCEPTANCE:
CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT


MEETING OF: July 16, 2020

Agenda Item No. 16

Subject: Discussion and Direction Regarding Date: July 7, 2020


Implementation of a Residential Rental Housing
Registration and Inspection Program
Reviewed & Approved:

From: Alan D. Flora, City Manager


Andrew White, Chief of Police

Recommended Action: Provide Direction to Staff on Implementation of a Residential


Rental Housing Registration and Inspection Program

BACKGROUND:

The Council has provided staff direction some time ago to prepare a plan to implement a rental
housing registration and inspection program in the City of Clearlake. The City does have an
existing ordinance in the municipal code, but many years ago the Council chose not to implement
the ordinance due to budget constraints. This type of program is important as the Council has
prioritized code enforcement programs to make Clearlake cleaner and safer. Clearlake has a
large volume of rental homes and previous code enforcement activity has shown that many are
in poor condition. A registration and inspection program would provide a better understanding
of the condition of rental housing and identify what tools the City may need to use to help owners
upgrade their property. Our current Code Enforcement staff are currently extremely busy with
their existing caseload and so it is difficult to identify capacity to implement the program. Staff
identified a program through HdL Companies that can handle the full process from registration
to inspection. The City could implement a fee schedule to cover the program costs and there
would be no cost to the City other than overall program oversight.

After discussion with HdL about the City’s needs, they have submitted an initial proposal with
three possible options. With direction from Council on the preferred option, we can negotiate a
final proposal and agreement with HdL as well as make needed changes to the existing rental
hosing ordinance and fee schedule for consistency with the new program.

1
While HdL can craft a program to fit our specific needs, the three initially proposed program
models are:

Model 1: Annual Registration and Inspection


Model 2: Annual Registration, Initial Inspection, and Self-Certification
Model 3: Annual Registration and Periodic Inspection (3-year cycle)

More detail on each option can be found in the attached proposal.

The City’s Rental Housing Ordinance can be accessed with the following link
( https://clearlake.municipal.codes/CMC/9-4 ).

RECOMMENDED ACTION:
Provide Direction to Staff on Implementation of a Residential Rental Housing Registration and
Inspection Program

ATTACHMENTS:
A. HdL Proposal for Services

2
City of
Clearlake
PROPOSAL FOR
Resident Rental Housing Program -
Registrations and Inspections

June 19, 2020

SUBMITTED BY CONTACT
HdL Companies Josh Davis
120 S. State College Blvd., Ste 200 T: 714 879-5000 Ext. 383
Brea, CA 92821 E: jdavis@hdlcompanies.com
hdlcompanies.com
TABLE OF CONTENTS

COMPANY BACKGROUND 2

RESIDENTIAL RENTAL HOUSING PROGRAM (RRHP) – OVERVIEW 3

RRHP MODELS AND RECOMMENDATIONS 4

RRHP Model 1 – Annual Registration and Self-Certification 4

RRHP Model 2 – Annual Registration and Periodic Unit Inspections 5

RRHP Model 3 – Annual Registration and Inspection Every 3 Years 5

Recommendation 7

SAMPLE DOCUMENTS 8

1 | Page
COMPANY BACKGROUND
Founded in 1983, the HdL Companies (HdL) were established to maximize local government revenues by
providing a variety of audits, analytical services and software products. HdL is proud to have served local
governments and special districts for over 35 years. HdL’s systematic and coordinated approach to
revenue management and economic data analysis is currently being utilized by over 500 agencies in six
states.

Since 1995, HdL has provided tax solutions for local governments, including software and service solutions
which automate and control the processing of local taxes and fees including business license tax, transient
occupancy tax for hotels and short-term rentals, cannabis tax, and landlord registration. As local tax
experts, the firm also assists municipalities with Business License Administration Services, Business
License Compliance and Audit Management, Landlord Registration Management, Transient Occupancy
Tax Management, Short Term Rentals Discovery and Administration, Operations Support, Fee and
Ordinance Analysis and other analytical services that allow cities and counties to expand the effectiveness
of related internal operations.

HdL is a Corporate Partner of the League of California Cities and California State Association of Counties
and works extensively with the State Association of County Auditors, California Society of Municipal
Finance Officers (CSMFO) and California Municipal Revenue and Tax Association (CMRTA) on anticipation
and planning of programs to strengthen local government revenues.

Page | 2
RESIDENTIAL RENTAL HOUSING PROGRAM (RRHP) – OVERVIEW
Cities across the State of California are implementing programs that bring awareness of residential rental
housing health and safety issues to landlords. California Code 17920.3 (The California Health and Safety
Code) and the City of Clearlake’s Code 9-4 (Rental Housing Unit Inspections and Registration) aim to
address and reverse the negative impacts of substandard housing. HdL’s Residential Rental Housing
Program (RRHP) is geared toward assisting local governments in bringing landlords into compliance with
Federal, State, and local laws, increasing or maintaining housing values, and enhancing quality of life for
residents.

HdL’s goal is to pro-actively work with landlords of single or multi-unit residential structures, apartments
and apartment houses, motels, hotels, lodging houses, and rental housing units and any common areas
to achieve compliance local law by administering a streamline program. RRHP incorporates data collection
through a simple online registration process with comprehensive rental property/unit inspections. Our
digital platform offers landlords the ability to register multiple properties and units, pay all fees associated
with registering and inspection, access downloadable forms and documents (i.e. inspection checklist,
exemption forms, tenant consent to enter, and self-inspection affidavit).

In an effort to protect and educate tenants, HdL Informational resources would be maywould provide
several online resources to assists prospecting and current tenants in the City. available to protect tenants,
if the City chooses, If the City choose and does not violate existing privacy laws, HdL would provide a public
search of registered compliant registered residential rental properties,. In addition, HdL could include
downloadable documents such as California Tenant’s Right Handbook, methods for filing complaints, and
link to agency resources.

HdL’s RRHP inspections would focus on identifying the following issues:

• Exterior Site Conditions (such as non-maintained landscaping, junk and rubbish, etc.)
• Health and Safety Risk (green pool, utility bypass, pest infestation, etc.)
• Substandard Building Exterior (such as damaged siding, windows, lighting, roofing or railings)
• Non-maintained Plumbing (such as leaks, non-permitted work, non-functioning toilets, etc.)
• Substandard Electrical (damaged breakers or wiring, no electricity, etc.)
• Substandard Unit Interiors (such as deteriorating flooring, counters, fixtures, water intrusion, etc.)

HdL would work with landlords to prevent blight, health and safety violations, and protect the City’s most
vulnerable tenants. With several years of experience in fostering relationships with business and
landlords, HdL would provide integrity and professionalism at each stage of the RRHP.

The pages that follow introduce three RRHP models that HdL could implement in accordance the City’s
code as well as recommendations.

3 | Page
RRHP MODELS AND RECOMMENDATIONS

RRHP Model 1 – Annual Registration and Inspections


Model 1 demonstrates a basic annual registration and inspection process which would occur annually.
Landlords would be required to pay their registration fee with an inspection fee based on the number of
units per registered property. Inspections would be conducted by a RRHP Inspector and provide
evaluation to the landlord and tenant(s) once unit inspections were completed.

This model ensures a standard level of inspection for all units and properties, as well as reliable detection
of issues that may otherwise be overlooked.

Annual Registration – Each residential rental landlord would receive a courtesy notice by mail to register
their residential property. A landlord would receive notice when HdL becomes aware of a change of
ownership, when the property will become 3 years old, or when 30 days until registration renewal has
arrived. Free, online registration would be encouraged; however, physical copies of the registration form
would be provided, and registrations are accepted via mail, email, and phone. Standard collection of
ownership and residential rental property information would be verified and updated. Examples of data
include:

• Name and contact information of at least one property title owner


• Name and contact information of property manager, if different from owner
• Property address or addresses; Type of dwelling (i.e., single-family, duplex, apartment
community)
• Number of residential rental units at each address listed
• Number of buildings at each address listed

Once a registration is received and process, the landlord would receive instructions for online payment of
all fees (registration and inspection).

Annual Property Inspections - HdL would contact landlords of new registrations to schedule an initial
property inspection. Inspection notices are sent to the landlord providing them no less than 10 days’
notice of the date and time of the inspection. A separate notice can be sent to the tenant(s) at the rental
property address. The inspection appointment letter includes a sample inspection checklist and a Tenant
Consent to Enter form, which can be used by the tenant if they cannot be present. If violations are found
during the initial inspection, the owner would be given 30 days to make the corrections. If all violations
are not corrected HdL would work with the City on further corrective actions.

Page | 4
RRHP Model 2 – Annual Registration, Initial Inspection and Self-Certifications.
Model 2 retains much of the same characteristics of the first model with a key characteristic change to
the inspection process. This model aims to inspect and educate landlords to property detect and prevent
issues that lead to substandard housing in order to allow landlords to self-certify inspections. Self-
Certification allows HdL to reduce the cost associated with the RRHP.

Initial Property Inspections – After property registration, HdL would conduct an initial inspection of all
units. During the initial inspection, landlords would be provided materials and educated on key indicators
of health and safety concerns. Such concerns that commonly require addressing; smoke/carbon monoxide
detectors, electrical services and wiring, GFCI protection on bathroom outlets, mold, inappropriate
plumbing, inadequate permanent heating, water heater, and roofing weather protection. If violations are
found during the initial inspection, the owner would be given 30 days to make the corrections. If there
are no issues found in the property or the issue identified are addressed within 30 days, landlords would
qualify for Self-Certification.

Self-Certification – Self-Certifications would be conducted by the landlord with the tenant present to
verify a complete thorough evaluation of their unit. This method adds value to the property owne and
they are able to prevent property damage that would be significantly higher in costs of repair if unchecked.
Landlords would be able to submit their completed inspection forms via online, email, or mail. However,
if a self-certification is believed to be falsified, HdL would schedule a follow-up inspection of the property.
If a unit fails inspection and the landlord does not comply with corrections in a period of 30 days, HdL
would revoke Self-Certification privileges and the property would be annually inspected units for a period
of 3 years. After 3 years of good standing inspections, landlords may opt-in to Self-Certification.

Randomized Inspections - HdL could perform random exterior inspections throughout the year that
would be conducted from the “rights of way” in the City. Alternatively, randomized full inspections could
be conducted by notifying landlord and tenant of inspection no less than 10 days prior to a visit.

5 | Page
RRHP Model 3 – Annual Registration and Periodic Inspection (3 Years Cycle)
Model 3 would have HdL conduct all inspections to validate compliance with Federal, State, and local law;
however, under this option landlords would be given more time in between inspections. Implementation
of this program would occur over the course of 3 years, with each residential rental property being
inspected a minimum of once during that time. Landlords with good standing will typically payless in
administrative fees as incentive to maintain standard quality housing.

Periodic Property Inspections – If the City chooses, HdL would conduct an initial inspection of all rental
properties at the beginning of the program. After the first year of the program, HdL would inspect a
percentage of properties that passed their initial inspection over the course of 3 years. For those
properties that were classified as substandard, they would be inspected annually until the property has
been in good standing for a period of 3 years.

This model inspection can be intervals of 1, 2, or 3 year based on findings in the initial and subsequent
inspections. Additionally, inspections could be based on units that are randomly inspected further
reducing cost on landlords as the maintain good standing with the City.

Random Inspections would complement this model as a significant amount of time may pass between
inspections.

Page | 6
Recommended Model
There are multiple methods for ensuring compliance, increased value of neighborhoods, and enhance
quality of life for tenants. The model HdL recommends is Model 2.

• Initial Inspections that lead to Self-Certification is a better option for consistent administration
of all City properties, educating property owners, while reducing the number of tenants that are
regularly required to participate in inspections.
• Self-Certification gives autonomy to the landlords who are in good standing with the City to
manage their own properties.
• Additionally, Self-Certifications would be validated by the tenant’s signature who would be
present for inspection.
• Finally, landlords are incentivized by reduced cost of administrative fees and lower cost of
repair.
• If inspection fails, a follow up inspection takes place and it could be to abate issues from original
units inspected or an inspection of the entire property.
• Randomized exterior inspections from the “rights of way” still give the City the bandwidth to
monitor building and structural concerns as well as exterior site conditions.
• Although, complaint-base inspections are typically minimal, HdL could schedule and conduct
compliant-based inspects with goal to reduce the need for tenant complaint.

7 | Page
SAMPLE DOCUMENTS
The following pages contain examples of Clearlake’s Registration and Inspection forms. All forms can be
modified to the specific needs and requirements of the City.

Page | 8
Residential Rental Housing Program (RRHP)
Registration Form
Phone: XXX.XXX.XXXX
E-mail: RRHP@hdlgov.com
Clearlake.HdLgov.com

All residential rental properties are required to be registered and the registration updated whenever there is a change of ownership or contact
information. Please complete all information below and sign where appropriate. It is unlawful for any person to engage in the business of rental
housing unless this completed registration form is provided to the City of Clearlake and all fees are paid.

Registration Type
New Registration New/Add Local Contact Update Mailing Address/Phone Number(s)

Property Address
Property Name (if Applicable) Street Address

Parcel Number Total Number of Units Number of Exempt Units*

*Rental Unit Exemption: Some rental units may be exempt from the inspection program. If you believe your property or a portion of units within qualify for exemption,
complete the registration process. You may then submit an Exemption Form.

Owner Information*
First Name Last Name Company Name

Mailing Address (Street Number/Name, City, State, Zip)

Phone Number: Email Address:

*Registration Forms that do not contain completed contact information will be rejected.

Local Representative/Property Manager Information


If different from the Owner, please list the contact information for a local representative with full authority to act on behalf of the Owner for all
purposes under the Residential Rental Housing Program.
Local Representative Same as Owner? Yes No

First Name Last Name Company Name

Mailing Address (Street Number/Name, City, State, Zip)

Phone Number: Email Address:

Preferred Method of Inspection (Please choose one. Selection is not guaranteed as City reserves right to modify.)
City Inspections Self-Certified

I declare that I am the owner or local representative with full authority to act on behalf of the owner for the referenced pr operty. I understand that it is unlawful for
any person to knowingly make a false statement of fact or knowingly omit any informati on that is required to register a rental housing unit pursuant to Clearlake
Municipal Code 9-4. I acknowledge that it is my responsibility to update this information whenever there is a change of ownership and/or contact information. By
signing below, I certify that I have read and understand the information contained on this registration form.

Print Name: Date

Signature:

Please submit all Residential Rental Housing Program documentation by email at: RRHP@hdlgov.com
Or by mail to 8839 N Cedar Ave #212, Fresno, CA 93720.
Residential Rental Housing Program (RRHP)
City of Clearlake
Residential Rental Housing Program Inspection Checklist
8859 N Cedar Ave. #212
Fresno, CA 93720 Used for Self-Certification Inspections or Inspections by
RRHP Inspectors

Owner Information
First Name Last Name Account Number

Property Address
Property Name (if Applicable) Street Address Unit Number Date

Exterior Inspection Checklist – Part 1


Check the Compliant box next to each item ONLY if the item is found to be in
Compliant Comments
compliance.
E-1. Building and grounds are kept clean, sanitary and free from garbage

E-2. Adequate garbage receptacles (If provided by landlord)

E-3. Adequate sewage disposal system (No evidence of raw sewage)

E-4. Foundation does not appear to pose a risk to safety

E-5. Wiring/Electrical maintained in good working order


E-6. Roof and roof supports appear to be maintained in good working order
(Structurally sound, waterproof, and does not pose a safety risk)
E-7. Exterior walls with effective waterproofing and weather protection
E-8. Windows maintained in good working order (Capable of locking if intended for
use)
E-9. Landings, stairways and railings are maintained in good working order

E-10. Chimney does not pose a risk to safety


E-11. Common areas in safe and sanitary condition. Walkways free of tripping
hazards, pool, fencing, etc.
E-12. Water heaters maintained in good working order (Installed in safe and good
working order, including seismic strapping)

Interior Inspection Checklist – Part 2


Check the Compliant box next to each item ONLY if the item is found to be in
Compliant Comments
compliance.
I-1. Hot and cold running water (Water supply connected to sewage disposal
system maintained in good working order)
I-2. Heating system maintained in good working order

I-3. Cooling system in good working order (If part of original construction)

I-4. Unit clear from infestation (Pests, rodents, bedbugs, vermin, etc.)
I-5. Appearance of mold (Excluding the presence of mold that is minor and found
on surfaces that can accumulate moisture as part of their properly functioning and
intended use)
Contact a RRHP Representative
Phone: XXX.XXX.XXXX
E-mail: RRHP@hdlgov.com
Residential Rental Housing Program (RRHP)
City of Clearlake
Residential Rental Housing Program Inspection Checklist
8859 N Cedar Ave. #212
Fresno, CA 93720 Used for Self-Certification Inspections or Inspections by
RRHP Inspectors
Account Number:
Interior Inspection Checklist – Part 2 Continued
Check the Compliant box next to each item ONLY if the item is found to be in
Compliant Comments
compliance.
I-6. Roof and roof supports appear to be maintained in good working order
(Structurally sound, waterproof, and does not pose a safety risk)
I-7. Floors, stairways, and railings maintained in good working order

I-8. Wiring/Electrical maintained in good working order

I-9. Ceilings/Walls are structurally sound with no appearance of leaks or damage


I-10. Plumbing and/or gas facilities maintained in good working order (Including gas
fireplace)
I-11. Windows/Window Locks intended for opening can be opened and locked, no
missing or broken glazing, egress not blocked, security bars can be released from the
interior
I-12. Doors (Main swinging door secured, standard dead bolt at interior and weather
sealed)
I-13. Smoke detectors in good working order

I-14. Carbon monoxide detectors in good working order


I-15. Water heaters maintained in good working order (Installed in safe and good
working order, including seismic strapping)

Self-Certification Inspection
I certify that I have inspected the aforementioned unit and that the information above is true and correct to the best of my knowledge.
(Provide a copy of this form to the tenant and keep a copy for your files.)
Printed Name: Relation to Property:

Signature: Date:
Phone Number: Email Address:
I, the tenant, agreed with all statements regarding the aforementioned unit and that the information above is true and correct to the best of
my knowledge. (Only sign if the above is true and correct.)

Tenant Signature: Date:

City RRHP Inspection


I certify that I have inspected the aforementioned unit and that the information above is true and correct to the best of my knowledge.
(Provide a copy of this form to the tenant and keep a copy for your files.)
Inspector’s Name: ID Number:

Signature: Date:
I, the undersigned, have lawful access or control of the rental housing unit described above. If freely give my consent to have the inspector of
the City of Clearlake’s Rental Housing Inspection Program enter and inspect the unit.

Printed Name: Relation to Property:

Signature: Date:
Phone Number: Email Address:

Contact a RRHP Representative


Phone: XXX.XXX.XXXX
E-mail: RRHP@hdlgov.com
CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT


MEETING OF: July 16, 2020

Agenda Item No. 17

Subject: Discussion and Consideration of an Agreement Date: July 7, 2020


with Hinderliter De Llamas and Associates (HdL)
for Tax and Fee Administration Solutions,
including Short Term Rental Operations Reviewed & Approved:
Management and Commercial Hotel Transient
Occupancy Tax (TOT) Administration Services

From: Alan D. Flora, City Manager

Recommended Action: Authorize the City Manager to Sign the Agreement with Hinderliter
De Llamas and Associates for Tax and Fee Administration Services

BACKGROUND:

HdL Companies has provided sales tax administration and auditing services for the City for many
years, but they also provide an array of other services. Several months back staff contacted HdL
about providing Transient Occupancy Tax (TOT) administration services. The intent of this
request was primarily focused on the benefits from the perceived benefits to the Lake County
Tourism Improvement District (TID). The TID relies on the three government agencies (County of
Lake, City of Lakeport, City of Clearlake) to collect and remit the TID assessment along with their
TOT collection. The TID has noticed inconsistency in collection processes and timing between
entities, and remains interested in a solution to ensure that lodging establishments TOT/TID
payments are processed timely, the process is consistent, auditing and/or enforcement of
collection exists, and timely payments are remitted to the TID for use in promoting Lake County
as a tourism destination. Based on these interests, a presentation was arranged to allow the TID
Board, cities, and county to review HdL’s services and determine if their model was
advantageous.

The County has determined they will continue to utilize existing staff in the Treasurer/Tax
Collectors Office for TOT/TID collection and administration. Staff from both cities are interested
in pursuing contract services for TOT/TID collection with HdL. HdL’s services would perform the

1
full range of collection of taxes and assessments through HdL’s website, they will also handle
enforcement and compliance issues and perform audits of each hotel every three years. HdL will
also do a daily search for short term rentals (STR)/vacation rentals within our jurisdiction and
handle all work to bring the STR’s into compliance. Payment of TOT receipts will then be
distributed to the City and the TID directly.

FINANCIAL AND/OR POLICY IMPLICATIONS:


Staff believe that the administration of the TOT/TID program is better handled by HdL which will
free up valuable staff time to work on other priorities. Hdl’s model is well vetted and utilized
broadly in the state and other areas of the country. The City would retain the 2% of TID
collections for administrative purposes as authorized in the agreement with the TID. This amount
covers the cost of the HdL contract that would be attributable to the TID assessment.

The costs are detailed in the attached proposal but are summarized here and are expected to
total less than $10,000 per year, with approximately $1,500 being paid by the TID.
• Hotels (approx. $6,400/year)
o $800 per year (plus a CPI adjustment in future years) per “hotel” property
o City has eight (8) “hotel” properties
o Fee includes audits every three years
• STRs (approx. $3,500/year)
o $15/year for existing identified locations
o City has eight (8) STR properties
o New location discovery – 35% of collections for one year (min. of $3,445) retained
by HdL, with the remainder collected by City/TID

RECOMMENDED ACTION:
Authorize the City Manager to Sign the Agreement with Hinderliter De Llamas and Associates for
Tax and Fee Administration Services

ATTACHMENTS:
A. Proposed HdL Agreement
B. HdL Proposal for Services

2
For Internal Reference Only:
Contract No.

PROFESSIONAL SERVICES AGREEMENT


(Engagement:)
(Parties: City of Clearlake and Hinderliter De Llamas and Associates
(HdL))

THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered


into this day of 2020 (hereinafter, the
“Effective Date”) by and between the CITY OF CLEARLAKE, a municipal corporation (hereinafter,
“ CITY”) a n d Hinderliter De Llamas and Associates (HdL)hereinafter, “CONSULTANT”). For the
purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized
term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably as
appropriate.

WHEREAS, the CITY requires professional Tax and Fee Administration Solutions, including
Short Term Rental Operations Management and Commercial Hotel Transient Occupancy Tax (TOT)
administration services; and

WHEREAS, CITY has determined that CONSULTANT possess the skills, experience, and expertise
necessary to perform the requested Tax and Fee Administration Solutions, including Short Term Rental
Operations Management and Commercial Hotel Transient Occupancy Tax (TOT) administration
services ; and

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein
contained, CITY and CONSULTANT agree as follows:

I. ENGAGEMENT TERMS

1.1 SCOPE OF SERVICES: Subject to the terms and conditions of this Agreement, CONSULTANT
agrees to provide the following tasks and services as more particularly described in CONSULTANT’s
June 17, 2020 proposal entitled “Tax & Fee Administration Solutions,” which is attached and
incorporated hereto as Exhibit “A” (hereinafter, the “Scope of Services”). CONSULTANT further agrees
to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and
customary work necessary to competently perform and timely complete the services and tasks set
forth in the Scope of Services. For the purposes of this Agreement, the aforementioned services and
tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized
term “Work.” CONSULTANT shall not commence with the performance of the Work until such time as
CITY issues a written Notice to Proceed.

1.2 PROSECUTION OF WORK: The Parties agrees as follows:

A. Time is of the essence of this Agreement and each and every provision contained
For Internal Reference Only:
Contract No.

herein. The Work shall be commenced within () calendar days of CITY’s issuance of a Notice
to Proceed, and shall be completed on a date not more than
calendar days from the issuance of the Notice to Proceed (the “Completion Date”);

B. CONSULTANT shall perform the Work continuously and with due diligence to
complete the Work by the Completion Date. CONSULTANT shall cooperate with CITY and in no manner
interfere with the work of CITY, its employees or other consultants, contractors or agents;

C. CONSULTANT shall not claim or be entitled to receive any compensation or damage


because of the failure of CONSULTANT, or its subconsultants, to have related
services or tasks completed in a timely manner;

D. CONSULTANT shall at all times enforce strict discipline and good order among
CONSULTANT’s employees; AND

E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar
taxes required by law.

1.3 COMPENSATION:

A. CONSULTANT shall perform all Work in accordance with the hourly rates schedule
set forth under page _____under the heading of the Scope of Services.

B. Section 1.3(A) notwithstanding, CONSULTANT’s total compensation for the


performance of all Work contemplated under the Scope of Services shall not exceed the total budgeted
aggregate sum of
within any single fiscal year (hereinafter, the “Not-to-Exceed Sum”), unless such added expenditure is
first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the
Not-to-Exceed Sum prior to the completion of any requested Work, CITY may suspend CONSULTANT’s
performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed
Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION: The Not-to-Exceed Sum shall be paid to CONSULTANT in


monthly increments as the Work is completed. Following the conclusion of each calendar month,
CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks
completed during the recently concluded calendar month, including services and tasks performed and
the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly
compensation is a function of hours worked by CONSULTANT’s personnel, the invoice shall indicate
the number of hours worked in the recently concluded calendar month, the persons responsible for
performing the Work, the rate of compensation at which such services and tasks were performed, the
subtotal for each task and service performed and a grand total for all services performed. Within thirty
(30) calendar days of receipt of each invoice, CITY shall notify CONSULTANT in writing of any disputed
amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY
shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or
For Internal Reference Only:
Contract No.

other authorized deductions from payments made to CONSULTANT.

1.5 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with
respect to all matters covered under this Agreement for a period of three (3) years after the expiration
or termination of this Agreement. CITY shall have the right to access and examine such records, without
charge, during normal business hours. CITY shall further have the right to audit such records, to make
transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work
agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to
the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of
Services, CONSULTANT shall deliver to CITY immediately and without delay, all materials, records and
other work product prepared or obtained by CONSULTANT in the performance of this Agreement.
Furthermore, CONSULTANT shall only be compensated for the reasonable value of the services, tasks
and other Work performed up to the time of cessation or abandonment, less a deduction for any
damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or
abandonment.

II. PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVE: The CITY hereby designates the City Manager and the
Administrative Services Director/City Clerk (hereinafter, the “CITY Representatives”) to act as its
representatives for the performance of this Agreement. The CITY Representatives shall act on behalf
of the CITY for all purposes under this Agreement. CONSULTANT shall not accept directions or orders
from any person other than the CITY Representatives.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates


to act as its representative for the performance of this Agreement
(hereinafter, “CONSULTANT Representative”). CONSULTANT Representative shall have full authority
to represent and act on behalf of the CONSULTANT for all purposes under this Agreement.
CONSULTANT Representative or his designee shall supervise and direct the performance of the Work,
using his best skill and attention, and shall be responsible for all means, methods, techniques,
sequences and procedures and for the satisfactory coordination of all portions of the Work under this
Agreement. Notice to the CONSULTANT Representative shall constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS: CONSULTANT agrees


to work closely with CITY staff in the performance of the Work and this Agreement and shall be
available to CITY staff and the CITY Representative at all reasonable times. All work prepared by
CONSULTANT shall be subject to inspection and approval by CITY Representative or her designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents,


acknowledges and agrees to the following:
For Internal Reference Only:
Contract No.

A. CONSULTANT shall perform all Work skillfully, competently and to the highest
standards of CONSULTANT’s profession;

B. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY;

C. CONSULTANT shall comply with all applicable federal, state and local laws and
regulations, including the conflict of interest provisions of Government Code Section 1090 and the
Political Reform Act (Government Code Section 81000 et seq.);

D. CONSULTANT understands the nature and scope of the Work to be performed under
this Agreement as well as any and all schedules of performance;

E. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge,


training and experience to perform those services and tasks assigned to them by CONSULTANT; and

F. All of CONSULTANT’s employees and agents (including, but not limited to,
subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and
approvals of whatever nature that are legally required to perform the tasks and services contemplated
under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be
maintained throughout the term of this Agreement and made available to CITY for copying and
inspection.

The Parties acknowledge and agree that CONSULTANT shall perform, at CONSULTANT’s own
cost and expense and without any reimbursement from CITY, any services necessary to correct any
errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth
under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors,
subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions
shall be commenced immediately upon their discovery by either Party and shall be completed within
seven (7) calendars days from the date of discovery or such other extended period of time authorized
by the CITY Representative in writing and in her sole and absolute discretion. The Parties acknowledge
and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf
shall not constitute a release of any deficiency or delay in performance. The Parties further
acknowledge, understand and agree that CITY has relied upon the foregoing representations of
CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills,
training, knowledge and experience necessary to perform the Work skillfully, competently and to the
highest standards of CONSULTANT’s profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material
to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications
and capabilities of the person(s) who will perform the services and tasks to be undertaken by
CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of
this interest, CONSULTANT agrees that it shall not assign or transfer, either directly or indirectly or by
operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations
For Internal Reference Only:
Contract No.

under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior
written consent, any attempted assignment or transfer shall be ineffective, null and void and shall
constitute a material breach of this Agreement.

2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONTRACTOR: The Work shall
be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will
determine the means, methods and details of performing the Work subject to the requirements of this
Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee.
CONSULTANT reserves the right to perform similar or different services for other principals during the
term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent
and timely performance of the Work contemplated under this Agreement and provided the
performance of such services does not result in the unauthorized disclosure of CITY’s confidential or
proprietary information. Any additional personnel performing the Work under this Agreement on
behalf of CONSULTANT are not employees of CITY and shall at all times be under CONSULTANT’s
exclusive direction and control. CONSULTANT shall pay all wages, salaries and other amounts due such
personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare
payments and the like. CONSULTANT shall be responsible for all reports and obligations respecting
such additional personnel, including, but not limited to: Social Security taxes, income tax withholding,
unemployment insurance, disability insurance, workers’ compensation insurance and the like.

2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents,


contractors, subcontractors or subconsultants is determined by the CITY Representative to be
uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to
CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents,
contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner
acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant shall
be promptly removed by CONSULTANT and shall not be reassigned to perform any of the Work.

2.8 COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed of and in compliance
with all applicable federal, state or local laws to the extent such laws control or otherwise govern the
performance of the Work. CONSULTANT’s compliance with applicable laws shall include, without
limitation, compliance with all applicable Cal/OSHA requirements.

2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONSULTANT shall not


discriminate against any employee, subcontractor, subconsultant, or applicant for employment
because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry,
age, physical or mental disability or medical condition.

2.10. INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree
that CONSULTANT and all persons retained or employed by CONSULTANT are, and shall at all times
remain, wholly independent contractors and are not officials, officers, employees, departments or
subdivisions of CITY. CONSULTANT shall be solely responsible for the negligent acts and/or omissions
of its employees, agents, contractors, subcontractors and subconsultants. CONSULTANT and all
For Internal Reference Only:
Contract No.

persons retained or employed by CONSULTANT shall have no authority, express or implied, to bind
CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against,
CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT
under this Agreement or is otherwise expressly conferred by CITY in writing.

III. INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout
the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the
requirements and specifications set forth under this Article. CONSULTANT shall procure and maintain
the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT shall procure and maintain


Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office
Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL
Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence
and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury,
property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT shall procure and maintain


Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering
Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits
of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of


workers’ compensation insurance in such amount as will fully comply with the laws of the State of
California and which shall indemnify, insure and provide legal defense for both CONSULTANT and CITY
against any loss, claim or damage arising from any injuries or occupational diseases occurring to any
worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work
contemplated in this Agreement.

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period
of three (3) years thereafter, CONSULTANT shall procure and maintain Errors and Omissions Liability
Insurance appropriate to CONSULTANT’s profession. Such coverage shall have minimum limits of no
less than One Million Dollars ($1,000,000.00) per occurrence and shall be endorsed to include
contractual liability.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability
Insurance shall contain an endorsement naming the CITY and CITY’s elected and appointed officials,
officers, employees, agents and volunteers as additional insureds. The insurance obligations under this
agreement shall be: 1) all the insurance coverage and limits carried by or available to the Contractor;
or 2) the minimum Insurance requirements shown in this agreement, whichever is greater. Any
insurance proceeds in excess of the specified minimum limits and coverage required, which are
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Contract No.

applicable to a given loss, shall be available to the City of Clearlake.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall
be procured from insurers admitted in the State of California and authorized to issue policies directly
to California insureds. Except as otherwise provided elsewhere under this Article, all required
insurance shall be procured from insurers who, according to the latest edition of the Best’s Insurance
Guide, have an A.M. Best’s rating of no less than A: VII. CITY may also accept policies procured by
insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published
edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s
Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth
in this Section.

3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by


CONSULTANT shall be primary to any coverage available to CITY or CITY’s elected or appointed officials,
officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s
elected or appointed officials, officers, employees, agents or volunteers shall be in excess of
CONSULTANT’s insurance and shall not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement
shall not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or
subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all
rights of subrogation against CITY.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that


CITY’s ability to verify the procurement and maintenance of the insurance required under this Article
is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the
residents of the CITY. Accordingly, CONSULTANT warrants, represents and agrees that it shall furnish
CITY with original certificates of insurance and endorsements evidencing the coverage required under
this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of
insurance and endorsements for each insurance policy shall be signed by a person authorized by that
insurer to bind coverage on its behalf and shall be on forms provided by the CITY if requested. All
certificates of insurance and endorsements shall be received and approved by CITY as a condition
precedent to CONSULTANT’s commencement of any Work or any of the Work. Upon CITY’s written
request, CONSULTANT shall also provide CITY with certified copies of all required insurance policies
and endorsements.

IV. INDEMNIFICATION

4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees,
agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by
law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees,
litigation costs, or any other cost arising out of or in any way related to the performance of this
Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be
interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under
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the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of
CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and
defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including
without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of
every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or
its failure to comply with any of its obligations contained in this Agreement, except such loss or damage
which is caused by the sole negligence or willful misconduct of the CITY.

4.3 CITY shall have the right to offset against the amount of any compensation due
CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of
CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related
to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii)
comply with applicable workers’ compensation laws.

4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of
any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity
under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees,
agents and volunteers.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Article from each and every subcontractor or any other person or entity
involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event
CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT
agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and
appointed officials, officers, employees, agents and volunteers from and against any and all claims and
losses, costs or expenses for any damage due to death or injury to any person and injury to any
property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors
or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or
on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include
reasonable attorneys’ fees incurred by counsel of CITY’s choice. CITY does not and shall not waive any
rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with
CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless
and indemnification provision shall apply regardless of whether or not any insurance policies are
determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

4.6 This Article and all provisions contained herein (including but not limited to the duty to
indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of
this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in
equity.
V. TERMINATION
For Internal Reference Only:
Contract No.

5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for
convenience and without cause by giving CONSULTANT a minimum of five (5) calendar days’ prior
written notice of CITY’s intent to terminate this Agreement. Upon such termination for convenience,
CONSULTANT shall be compensated only for those services and tasks which have been performed by
CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this
Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as
provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and
Data, as defined in section 6.1 below, and other information of any kind prepared by CONSULTANT in
connection with the performance of the Work. CONSULTANT shall be required to provide such
Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted
breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit
or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this
Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set
forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation,
service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”)
shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to
the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of
the Event of Default;
(ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default
shall be cured, which shall not be less than the applicable cure period set forth under Sections 5.2B
and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such
cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach
of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure
period or any extended cure period allowed under this Agreement.

B. CONSULTANT shall cure the following Events of Defaults within the following time
periods:

i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure
of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or
written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or
CITY’s employees or agents under this Agreement. Prior to the expiration of the 10-day cure period,
CONSULTANT may submit a written request for additional time to cure the Event of Default upon a
showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of
Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding,
CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this
Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or

i. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any
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Contract No.

other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period,
CONSULTANT may submit a written request for additional time to cure the Event of Default upon a
showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of
Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding,
CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this
Section 5.2B. ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation,
service or task set forth under this Agreement (or the failure to timely perform or properly perform
any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT shall include,
but shall not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the
services or tasks called for under the Scope of Services; (ii) CONSULTANT’s failure to fulfill or perform
its obligations under this Agreement within the specified time or if no time is specified, within a
reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state,
local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy,
insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether
voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant,
condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement
representation or warranty by CONSULTANT relating to this Agreement is false, misleading or
erroneous in any material respect.

C. CITY shall cure any Event of Default asserted by CONSULTANT within forty-five (45)
calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot
reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period,
CITY may submit a written request for additional time to cure the Event of Default upon a showing that
CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be
reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default
dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under
Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONSULTANT’s
Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend
CONSULTANT’s performance under this Agreement pending CONSULTANT’s cure of any Event of
Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance
(hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the
occurrence of an Event of Default. Upon such suspension, CONSULTANT shall be compensated only for
those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of
CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the
part of CITY shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as
provided herein.
E. No waiver of any Event of Default or breach under this Agreement shall constitute a
waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service
voluntarily given or performed by a Party shall give the other Party any contractual rights by custom,
estoppel, or otherwise.
For Internal Reference Only:
Contract No.

F. The duties and obligations imposed under this Agreement and the rights and
remedies available hereunder shall be in addition to and not a limitation of any duties, obligations,
rights and remedies otherwise imposed or available by law. In addition to any other remedies available
to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole
and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this
Agreement in whole or in part;

i. Upon written notice to CONSULTANT, the CITY may extend the time of
performance;

ii. The CITY may proceed by appropriate court action to enforce the terms of the
Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the
Agreement; or

iv. The CITY may exercise any other available and lawful right or remedy.

CONSULTANT shall be liable for all legal fees plus other costs and expenses that CITY incurs
upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy shall
be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully
owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall
constitute a waiver of any other default or breach, whether of the same or other covenant, warranty,
agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual
rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement
pursuant to any provision of this Article or by normal expiration of its term or any extension thereto
shall not operate to terminate any Article, Section or provision contained herein which provides that
it shall survive the termination or normal expiration of this Agreement.

VI. MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data
shall be and remain the property of CITY without restriction or limitation upon their use or
dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and
includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts,
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Contract No.

schedules, spreadsheets, calculations, lists, data compilations, documents or other materials


developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement
and fixed in any tangible medium of expression, including but not limited to Documents and Data stored
digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for
CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual
property embodied in all Documents and Data. CONSULTANT shall require all subcontractors and subconsultants
working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY shall be
granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled
by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the
performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or


received by CONSULTANT or provided for performance of this Agreement are deemed confidential and
shall not be disclosed by CONSULTANT without prior written consent by CITY. CITY shall grant such
consent of disclosure as legally required. Upon request, all CITY data shall be returned to CITY upon
the termination or expiration of this Agreement. CONSULTANT shall not use CITY’s name or insignia,
photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper,
television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor
any person who is an officer of, in a managing position with, or has an ownership interest in
CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated
the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government
Code Section 12650 et seq.

6.4 NOTICES: All notices permitted or required under this Agreement shall be given to the
respective Parties at the following addresses, or at such other address as the respective Parties may
provide in writing for this purpose:

CONSULTANT: CITY:
HdL City of Clearlake
120 S. State College Blvd Administrative Services Department
Suite 200 14050 Olympic Drive
Brea, CA 92820 Clearlake, CA 95422
Attn: Administrative Services Director/City
Clerk
Phone: (707) 994-8201

Such notices shall be deemed effective when personally delivered or successfully transmitted
by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit
with the United States Postal Service, first class postage prepaid and addressed to the Party at its
applicable address.
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Contract No.

6.5 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another and shall
take any additional acts or sign any additional documents as are reasonably necessary, appropriate or
convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSULTANT shall not subcontract any portion of the Work required
by this Agreement, except as expressly stated herein, without the prior written approval of CITY.
Subcontracts (including without limitation subcontracts with subconsultants), if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement, including provisions
relating to insurance requirements and indemnification.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other
contractors in connection with the various projects worked upon by CONSULTANT.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not
employed nor retained any company or person, other than a bona fide employee working solely for
CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that
it has not paid nor has it agreed to pay any company or person, other than a bona fide employee
working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. For breach
or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For
the term of this Agreement, no member, officer or employee of CITY, during the term of his or her
service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this
Agreement.

6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed
according to the laws of the State of California. In the event of litigation between the Parties, venue,
without exception, shall be in the Lake County Superior Court of the State of California. If, and only if,
applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue,
without exception, shall be in the Northern District of California located in the City of San Francisco,
California.

6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, either legal,
administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party
in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and
all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns
of the Parties.

6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or
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obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the
Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or
against, either Party but shall be construed as if the Parties prepared this Agreement together through
a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force
and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this


Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to
CITY approval. The requirement for written amendments, modifications or supplements cannot be
waived and any attempted waiver shall be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience
and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent
of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the
provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement
shall control.

6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete,
final and exclusive expression of the Parties with respect to the matters addressed herein and
supersedes all other agreements or understandings, whether oral or written, or entered into between
CITY and CONSULTANT prior to the execution of this Agreement. No statements, representations, or
other agreements, whether oral or written, made by any Party, which are not embodied herein shall
be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and
binding unless in writing and duly executed by the Parties pursuant to Section 6.16, above.

6.20 COUNTERPARTS: This Agreement shall be executed in three (3) original counterparts each
of which shall be of equal force and effect. No handwritten or typewritten amendment, modification
or supplement to any one counterparts shall be valid or binding unless made to all three counterparts
in conformity with Section 6.16, above. One fully executed original counterpart shall be delivered to
CONSULTANT and the remaining two original counterparts shall be retained by CITY.

[SIGNATURES ON FOLLOWING PAGE]


For Internal Reference Only:
Contract No.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the
day and year first appearing in this Agreement, above.

CITY OF CLEARLAKE HdL

By:

By: Name:Robert Gray


Alan Flora, City Manager
Title: Chief Information Officer

APPROVED AS TO FORM:

By:
City of
Clearlake, CA
TAX & FEE ADMINISTRATION SOLUTIONS

June 17, 2020

SUBMITTED BY CONTACT
HdL Companies George Bonnin
120 S. State College Blvd., Suite 200 T: 714-879-5000
Brea, CA 92821 E: gbonnin@hdlcompanies.com
hdlcompanies.com
Dear Alan,

Thank you for the opportunity to present this proposal for HdL’s Tax and Fee Administration Solutions for the City
of Clearlake. The following specific services are listed below:

• Short Term Rental TOT Administration


o Operations Management
o Revenue Discovery
o Audits
• Commercial Hotel TOT Administration
o Operations Management
o Audits

Please be advised that we maintain a busy implementation schedule throughout the year. Your position in the
implementation schedule will be determined when a signed agreement is received.

This proposal is valid until July 30, 2020.

Should you have any questions, please contact me at 888.861.0220 or by email at gbonnin@hdlcompanies.com.

Tax & Fee Administration Solutions


Service Compensation
Commercial Hotel TOT Administration
• Operations Management (includes audits every $800.00/property/year + CPI (monthly filers
3 years) $700.00/property/year + CPI (Quarterly filers)
• TOT Audits only $1,900.00 per property

Short Term Rental TOT Administration


• Operations Management (Existing City $15.00/filing
Properties)
• Revenue Discovery 35% for (1) one year with a $3,445.00/year
minimum.

General Scope of Services

Commercial Hotel TOT Administration


HdL’s TOT Operations Management services provides for the continual monitoring of returns, which is the
optimal way to increase compliance while maintaining positive relations with the City’s lodging providers.
The program is education focused, ensuring that providers are clear on reporting requirements and
methodology. HdL’s tax administration professionals are available as needed to support both the City’s team
and the lodging providers. The City is kept up to date, with 24x7 online access to HdL’s client portal containing
real time access to registration and filing data, and management reporting. HdL’s service incorporates all
the following:

Tax Registration Database Management – HdL will transfer the City’s existing databases as they relate to
TOT into HdL’s internal administration tools. HdL will maintain the data, software, online filing portal for
lodging/utility providers, and online client portal for the City.
Return Processing – HdL will process TOT returns within 5 days of submission.

New Account Processing – HdL will process all new TOT registrations.

Payment Posting / Processing – HdL will process all payments, update accounts, and remit revenues to
the City/County net HdL’s fees on no less than a monthly basis.

On-Line Filing & Payment Processing – With input from the City, HdL crafts a customized website and
domain for the City’s/County’s taxpayers to submit online forms, returns, and payments along with other
customer support related items.

Compliance Monitoring – HdL will ensure accurate filings of returns by consistently monitoring returns and
educating lodging providers as needed regarding proper filing methodology. HdL will also provide cyclical
TOT compliance audits as mutually agreed to by the City and HdL, ensuring all lodging providers are audited
at least once every three years.

Reports – HdL’s service includes a variety of standard reports demonstrating account activity and filing
trends. During service implementation HdL will work with the City/County to identify reporting requirements
and frequency/method of delivery and will supplement our standard service with custom reports as needed
to meet the City’s/County’s requirements.

Progress Payments – HdL’s TOT service is billed monthly based on activity completed during the prior
month. If standalone audits are conducted, they are billed only upon completion of the audit.

Customer Support Center – HdL will provide lodging providers with multiple support options for registering,
filing returns, making payments and for general inquiries. A toll-free number will be provided to businesses
in order to access one of our tax specialists. Lodging/utility providers will also have access to support via e-
mail, fax, and the online Business Support Center.

Commercial Hotel - Audits Only Service


HdL’s Transient Occupancy Tax Audits Only Service employs a business-friendly approach which
educates hoteliers in transient occupancy tax regulations and filing procedures, ensures compliance,
and maximizes agency revenues. The process incorporates the following:

Ordinance and Filing Procedure Review – Analysis of Transient Occupancy Tax ordinances and
agency procedures are conducted to identify possible deficiencies or other administration related
issues. Recommendations are made by the audit team for items such as to best practices, form
design, and potential ordinance modifications to insure the most effective policies and controls.

Analysis Report – HdL’s audit team will obtain and conduct a review of the most recent 36 months
of transient occupancy tax filings. In order to verify and augment the data, the audit team will compile
a variety of supplemental information on each property, including number of rooms, occupancy rate,
physical condition, and business dynamics. Data is then further scrutinized in order to identify unusual
or suspicious reporting and/or other variables that indicate cause for further review. Information and
findings are documented in the analysis report for review with the City/County.

Analysis Review – Upon completion of the analysis report, meetings are scheduled with the
City/County to review the results as well as identify and recommend lodging providers who require
additional investigation or examination to determine their compliance with the City’s ordinance.
Audit Notification & Scheduling – Lodging providers selected by HdL and approved by the City for
an audit are sent a letter and scheduled for a Compliance Analysis Audit. Every effort is made to
promote a positive experience for the taxpayer. Lodging providers will be reminded of the documents
required for the audit that were discussed in webinars and previous communications. Lodging
providers are afforded the opportunity to schedule flexible appointment times by contacting the
Business Support Center or visiting our online support center.

Compliance Analysis & Audit – The HdL audit team reviews the books and records of the lodging
provider to determine compliance with transient occupancy tax regulations. HdL validates taxable
gross rents, exemptions, bank statements, daily/monthly summaries, and other relevant information
for determining compliance. Supporting documentation for relevant items such as exemptions will
also be documented for accuracy.

Audit & Compliance Report – Upon completion of the audit and analysis, and prior to additional
actions, a compliance report is generated and reviewed with the Agency. The report indicates specific
results of the reviews and recommended actions. Documentation will be included with the report to
assist the Agency and HdL in determining next steps.

Deficiency and Commendation Notification – Upon final review with the City, lodging providers
that are found to have deficiencies are notified of the findings as well as payment and appeal
processes. Appointments are also scheduled to review the findings and educate taxpayers on proper
filing procedures designed to prevent future errors and deficiencies. Lodging providers found to be
compliant are sent a commendation letter thanking them for their cooperation and compliance.

Invoicing & Collections – Lodging providers found to be underreporting are invoiced through the
standard City/County approved collections process identical to the procedures approved for other
Programs. Balances are collected and remitted along with supporting documentation to the City
through approved remittance processes.

Short Term Rental TOT Administration

The Short-Term Rental (STR) Program provided by HdL takes a unique approach in ensuring
compliance and educating lodging providers, including short term rental hosts (STR Hosts), in
transient occupancy tax regulations and filing procedures, regulatory permits and licensing, and other
City/County specific goals and objectives. HdL’s program involves a modular, customer service
centric approach, that reduces City’s administrative costs and provides the City with assurances of
future compliance and reporting practices from the City’s short-term rental lodging industry.

HdL’s modular approach starts with a detailed analysis of STR listing on a variety of published
methods, including Airbnb, Home Away, VRBO, etc. This process creates a full inventory of short-
term rentals within the City’s proscribed geographic boundary, including the full name of the owner
and the physical address of the unit. Each STR is tracked and updated nightly with valuable data that
can include items such as number of nights rented, average occupancy rates, room rates, as well as
trend and usage reporting.

Following identification, HdL conducts a targeted education and compliance campaign designed to
inform STR Hosts of their obligations to file and remit taxes and other requisite licenses and permits
as may be needed. Each lodging provider is provided a full overview of the requirements and how to
best comply both in the present and the future. During the registration process, HdL offers a variety
of support options to the community including online filing, file-by-phone, email, and registration via
standard mail. HdL tax and license specialists are available throughout the process to provide support
to the STR community and to assist in the registration process.

Once registered, accounts move into a standard administration process. HdL manages the filing of
tax returns and other prerequisites on a quarterly or monthly basis, depending on City requirements.
This includes mailing of tax returns, processing of payments, customer support, delinquency follow
up, and the development and management of an online portal for registration, filing, payments, and
other support related needs.

STR Identification & Monitoring

HdL compiles a list of all actively posted short term rentals available from a wide array of sources.
Lists are compiled and aggregated to accommodate duplicate listings from various sites. During the
identification and monitoring process, HdL will:

• Scan over 20 different rental sites, including global aggregators like HomeAway/VRBO,
Airbnb, Turnkey.com, and Booking.com, national aggregators like Vacasa and Turnkey
and small, local property management firms.;

• Match Listings to specific parcels using GIS and property tax assessor data;

• Create comparison reports to determine which properties may already be compliant or


registered and paying taxes

• Provide visual map of all listings within the City;

• Record listing details such as start date, various sites linked to, other information
necessary for documenting evidence of STR activity; and

• Continually monitor activity to identify and record new listings and closures to ensure
accurate real-time identification and monitoring.

Education, Registration, and Compliance


Using the list of active STR listings, HdL conducts a series of City approved education-based
programs ranging from mailers to direct phone contacts. Each packet contains all the information
necessary to obtain registration and comply with local requirements. HdL assists STR hosts
throughout the program with information and support with all aspects of becoming compliant. During
this program, HdL will:

• Validate listing to ensure proper identification and filter out records that may lead to erroneous
contacts.

• Notify non-compliant entities with a series of education-based packets designed to garner


compliance;
• Provide a support center for assistance with general questions, support, and assistance with
filing and paying returns.

• Provide online portal with links to FAQs, education packets, and support for registering, filing
returns, and making payments online.

• Follow up with non-compliant accounts to obtain registration

• Work with City to identify additional requirements and ensure collection of data necessary to
enforcement procedures.
• Establish optional implementation items such as amnesty programs, back tax and penalty
provisions, and other pre-registration programs.
CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT


MEETING OF: July 16, 2020

Agenda Item No. 18

Subject: Consideration of Amendment to Employment Date: July 7, 2020


Agreement with Chief of Police

Reviewed & Approved:

From: Alan D. Flora, City Manager

Recommended Action: Authorize the City Manager to Sign Amendment #1 to Employment


Agreement with Chief of Police

BACKGROUND:
As the Council is aware the City has been implementing a new finance and payroll system for
some time, which involves a new chart of accounts and full review and updating of existing
finance policies and procedures. During much of this time the City has not had a full time Finance
Director and has been relying on existing staff to shift duties and several consultants. Due to his
background in programming and system implementation, Chief White has become increasingly
involved in this process and this involvement has been invaluable. It is apparent at this time that
the level of review and need to address financial and payroll processes as part of completion of
the system implementation is extremely high. The City has to date been ineffective in attracting
a permanent Finance Director. In discussions with the finance team, we believe the best interim
solution is to have Chief White provide leadership of this review and implementation process.
Due to the additional time and responsibility required, I recommend the Council approve an
amendment to the Chief’s contract for additional compensation in the amount of $2,715 per
month for up to six months.

RECOMMENDED ACTION:
Authorize the City Manager to Sign Amendment #1 to Employment Agreement with Chief of
Police

ATTACHMENTS:
A. Amendment #1 to Employment Agreement

1
CITY OF CLEARLAKE
EMPLOYMENT SERVICES AGREEMENT

POLICE CHIEF

AMENDMENT #1

WHEREAS, the Finance Director position is currently vacant and pending recruitment for a full-
time replacement. In the interim, Chief White is willing to assist in filling some of the
responsibilities of the Finance Director. Both White and the City are desirous in White providing
interim assistance and being paid additional hours for his service.

Amendment No. 1 to the Employment Services Agreement entered into July 16, 2020 by and
between the City of Clearlake (City) and Andrew White adds Section 3.5.1 E to the original
Agreement dated July 12, 2020, as follows:

Section 3.5.1 E. Employee has the necessary skills and desire to serve an interim assignment as
Finance Director beginning on July 1, 2020 and continuing for a period not to exceed six (6)
months. 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
benefits currently received as Police Chief, Employee shall be paid a sum equivalent to 10 hours
per week at the base hourly rate of $67.8750 ($2,715 per month). Compensation shall be paid
bi-weekly 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. Prior to December 31, 2020 the City Manager may eliminate
the Employee’s interim assignment if a Finance Director or similar position is hired, or the original
agreement is terminated pursuant to Section 3.2.

All other terms, conditions and provisions of the July 12, 2018 agreement remain unchanged and
in effect.

IN WITNESS WHEREOF, the parties have caused their authorized representatives to execute
Amendment No. 1 to the Agreement dated July 12, 2018.

DATED: July 16, 2020

___________________________________ ___________________________________
Andrew White, Police Chief Alan Flora, City Manager

ATTEST:

___________________________________
Melissa Swanson, City Clerk
CITY OF CLEARLAKE

CITY COUNCIL STAFF REPORT


MEETING OF: July 16, 2020

Agenda Item No. 19

Subject: Consideration of Response to Lake County Civil Date: July 7, 2020


Grand Jury Report on “Tax Default Auctions”

Reviewed & Approved:

From: Alan D. Flora, City Manager

Recommended Action: Approve Response from the Clearlake City Council to the Lake
County Civil Grand Jury regarding Tax Default Auctions

BACKGROUND:
The City of Clearlake has been focusing attention on Lake County’s failure to have regular and
adequate tax default auctions, which is contributing to blight, hindering investment, and
contributing to revenue loss for local governments, primarily the County and special districts.
The Lake County Civil Grand Jury released a report on June 29, 2020 on Tax Default Auctions as
part of their 2019-2020 report. The Grand Jury has “required” the City Council to respond within
90-days, however after review of the report it is apparent that a more swift response is warranted
due to the many inaccuracies in the report. Staff are working with the Mayor and Vice Mayor on
preparation of a details response which will be available for review at the meeting on July 16,
2020.

Additionally, the Grand Jury released a report on Public Safety Power Shutoffs (PSPS) and have
“required” the City to respond to one item in this report. This response will be completed at a
later time, although within the 90-day window.

RECOMMENDED ACTION:
Approve Response from the Clearlake City Council to the Lake County Civil Grand Jury regarding
Tax Default Auctions

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