Clearlake City Council Agenda Packet

CITY OF CLEARLAKE
www.clearlake.ca.us
REGULAR MEETING OF
CLEARLAKE CITY COUNCIL
& REDEVELOPMENT SUCCESSOR AGENCY
CLEARLAKE CITY HALL COUNCIL CHAMBERS
14050 OLYMPIC DRIVE
CLEARLAKE, CA 95422
THURSDAY APRIL 25, 2019 5:30 P.M.

CLOSED SESSION:
(1) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: Pursuant to Government Code
Section 54956.9(B): One Potential Case.
(2) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION: (Government Code 54956.9) – City of
Clearlake v. PG&E Corporation, et al., Case No. CV 1:17-CV-419398, Lake County Superior Court
(3) CONFERENCE WITH LABOR NEGOTIATORS: Pursuant to Government Code Section 54957.6: Agency
Designated Representative: City Manager Alan Flora; Employee Organizations: Clearlake
Management/Confidential Employees, Clearlake Police Officer Association, Clearlake Municipal
Employees Association and Clearlake Middle Management Association.
THURSDAY APRIL 25, 2019 6:00 P.M.

Written material introduced into the record: Citizens wishing to introduce written material into the record
at the public meeting on any item are requested to provide a copy of the written material to the City Clerk
prior to the meeting date so that the material may be distributed to the City Council prior to the meeting.
ROLL CALL:
_____ Mayor Nick Bennett
_____ Vice Mayor Russ Cremer
_____ Councilmember Phil Harris
_____ Councilmember Joyce Overton
_____ Councilmember Dirk Slooten
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
Page 1 of 4
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. As a courtesy to others, please turn off cell phones and
any other distracting devices.
ADOPTION OF THE AGENDA (This is the time for agenda modifications.)

ANNOUNCEMENT OF ACTION(S) FROM CLOSED SESSION
PRESENTATIONS:
1. Presentation of Adoptable Dogs by Clearlake Animal Control
2. Swearing-In of Kennel Technician Michelle Brooks
PUBLIC COMMENT: This is the time for any member of the public to address the City Council on any
matter not on the agenda that is within the subject matter jurisdiction of the city. Please complete a
“Speaker Information Card” and present it to the City Clerk prior to the start of the meeting. The Brown
Act, with limited exceptions, does not allow the Council or staff to discuss issues brought forth under
Public Comment. The Council cannot take action on non-agenda items. Concerns may be referred to staff
or placed on the next available agenda. Please note that comments from the public will also be taken on
each agenda item. Comments shall be limited to three minutes per person.
CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine in nature
and will be approved by one motion. There will be no separate discussion of these items unless a member
of the Council or audience requests otherwise, or if staff has requested a change under Adoption of the
Agenda, in which case the item will be removed for separate consideration. Any item so removed will be
taken up following the motion to approve the Consent Agenda.
Consent Items Recommended Action

3. Warrant Registers Receive and file
4. Continuation of Declaration of Local By motion keep declaration of emergency
Emergency Issued on October 9, 2017 and active and set next review for the next
Ratified by Council Action October 12, 2017 Council meeting
Page 2 of 4
5. Digital Signatures Administrative Policy; Adopt Resolution
Resolution No. 2019-19
6. Receipt of and Response to the 2018/19 Authorize the Mayor’s response to the
Grand Jury Report Regarding Lampson Field report
7. Second Reading and Adoption of Ordinance Hold second reading of Ordinance No.
Amending the Clearlake Municipal Code 228-2019 by title only, waive further
Relating to Abandoned Vehicles reading, and adopt ordinance
BUSINESS:
8. Consideration of New Clean Water Program Agreement between the City of Clearlake, City of
Lakeport, County of Lake and the Lake County Watershed Protection District
Recommended Action: Adopt Clean Water Program Agreement and Authorize the Mayor to Sign
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.
9. Public Hearing to Consider Road Abandonment; Resolution No. 2019-21

Recommended Action: Adopt resolution
10. Public Hearing to Consider Amendments to Sections 5 and 18 of the Clearlake Municipal Code
Related to Cannabis Businesses; Ordinance No. 229-2019
Recommended Action: 1. Determine the project is exempt from environmental review in
accordance with CEQA; 2. Adopt Ordinance No. 229-2019 Amending Sections 5 and 18 of the
Municipal Code
BUSINESS (CONTINUED):
11. Consideration of Commercial Cannabis Amendments to the Zoning Code
Recommended Action: Discuss and give direction to staff
12. Consideration of Approving a List of Approved Projects for Submission to California Transportation
Committee (CTC) for Funding Pursuant to SB1; Resolution No. 2019-18
Page 3 of 4
13. Road Maintenance Plan for 2019 Season

Recommended Action: Discuss with possible direction to staff
14. Consideration of a Resolution Certifying Appointment of Wendy England as Police Dispatcher is

Necessary to Fill a Critically Needed Position, Requesting an Exception from CalPERS to the 180-
Day Wait Period and Authorizing the Chief of Police to Appoint; Resolution No. 2019-20
Recommended Action: Adopt resolution and authorize the Chief of Police to appoint Ms. England
upon approval from CalPERS
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
Staff reports for each agenda item are available for review at City Hall located at 14050 Olympic Drive
during normal business hours. Members of the public are invited to come and comment on any item
under discussion.
Any writings or documents pertaining to an open session item provided to a majority of the City Council
less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter
at City Hall located at 14050 Olympic Drive during normal business hours.
POSTED: April 20, 2019

BY:
_____________________________
Melissa Swanson, Administrative Services Director/City Clerk
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Item #3
CITY OF CLEARLAKE
CITY COUNCIL STAFF REPORT
MEETING OF: April 25, 2019
Agenda Item No. 4

Subject: Continuation of Declaration of Local Emergency Date: April 18, 2019
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, City Manager Folsom, as the Director of Emergency Services for the City
of Clearlake, declared in a Proclamation by the Director of Emergency Services Declaring a Local
Emergency:
“That conditions of extreme peril to the safety of the persons and property have arisen
within the City of Clearlake caused by the wildfire on October 9th, 2017.”
According to California Government Code Section 8630:
(a) A local emergency may be proclaimed only by the governing body of a city, county,
or city and county, or by an official designated by ordinance adopted by that governing
body.
(b) Whenever a local emergency is proclaimed by an official designated by ordinance,

the local emergency shall not remain in effect for a period in excess of seven days unless
it has been ratified by the governing body.
(c) The governing body shall review the need for continuing the local emergency at least
once every 30 days until the governing body terminates the local emergency.
(d) The governing body shall proclaim the termination of the local emergency at the
earliest possible date that conditions warrant.
1
On October 12th the Council ratified the Proclamation of the Local Emergency by adoption of
Resolution No. 2017-78. The Council must continue the Proclamation every 30 days or
terminate the local emergency.
It is recommended that the City Council again continue the Proclamation of Emergency ratified
in Resolution No. 2017-78 and continued on October 26th, November 9th, November 16th,
November 30th, December 14th, December 21st, January 11th, February 8, March 8, March 22nd,
April 12th, May 10th, May 24th, June 14th, July 12, August 9, September 6, October 11, and
November 8, December 6th, December 13th, January 10th, January 28th, February 14th, and
March 14th and review the status of the Proclamation again at the next Council meeting.
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
Agenda Item No. 5

Subject: Digital Signatures Administrative Policy; Date: April 19, 2019

The use of electronic signatures on legally binding documents has become increasingly
prevalent in the private sector but has yet to find widespread adoption by public entities.
Benefits of using electronic signatures include: reduction of paper generation; significant
decrease in time and cost associated with transmitting, approving, and retaining physical
documents; as well as creation of an audit trail of the modification, editing, and
approval/signing of documents.
The United States Electronic Signatures in Global and National Commerce (ESIGN) Act, and the
California Uniform Electronic Transactions Act (UETA) require the following four elements for
an electronic signature to be recognized as valid under U.S. and State law:
1. Intent to sign - Electronic signatures, like traditional, handwritten signatures, are valid
only if each party intended to sign.
2. Consent to do business electronically - The parties to the transaction must consent to do
business electronically. Electronic records may be used in transactions with consumers
only when the consumer has:
a) Received UET A Consumer Consent Disclosures
b) Affirmatively agreed to use electronic records for the transaction
c) Has not withdrawn such consent
3. Association of signature with the record - In order to qualify as an electronic signature
under the ESIGN Act and UETA, the system used to capture the transaction must keep
an associated record that reflects the process by which the signature was created or
generate a textual or graphic statement (which is added to the signed record) proving
that it was executed with an electronic signature.
1
4. Record retention - U.S. laws on electronic signatures and transactions require that
electronic signature records be capable of retention and accurate reproduction for
reference by all parties or persons entitled to retain the contract or record.
To the extent permitted by law, the proposed policy will allow the City to accept electronic
signatures as legally binding and equivalent to handwritten signatures to signify an agreement
in accordance with applicable laws and regulations.
The parties to a transaction must agree to conduct the transaction by electronic means with the
use of a City-approved electronic signature method that complies with applicable laws and
regulations, including the capability of all parties to retain and accurately reproduce the
electronically signed document or record.
This policy does not supersede laws that specifically require a handwritten signature, nor does
it limit the right or option of the City to conduct the transaction on paper or in non-electronic
form. Additionally, there are transactions in which electronic signatures are prohibited, such as
documents that require notarization or original signatures for recordation.
The proposed policy allows the City Manager to determine the electronic signature methods
accepted by the City in conjunction with state and federal laws.
There is a nominal fee to use electronic signature methods via the accepted technologies listed.
Implementing this policy will help achieve Strategic Goal #6: Update Policies and Procedures
and Technology to Current Government Standards.
2
RESOLUTION NO. 2019-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE

APPROVING AN ELECTRONIC SIGNATURE POLICY
WHEREAS, to realize the benefits of digital transactions, such as efficiency,

responsiveness, cost savings, convenience, and paper reduction, it would be feasible and
cost-effective to adopt a policy that authorizes the use of digital and electronic signatures
and records to the fullest extent allowed by law; and
WHEREAS, the Uniform Electronic Transactions Act ("Act"), Civil Code §1633.2
provides the standards that govern most electronic transactions and applies expressly to
any "governmental agency," which is defined to include "an executive, legislative, or
judicial agency, department, board, commission, authority, institution, or instrumentality
of the federal government or of a state or of a county, municipality, or other political
subdivision of a state; and
WHEREAS, the City Council has considered the adoption of the attached Electronic
Signature Use policy at a duly noticed regular meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clearlake

that the digital signature policy hereby attached as Exhibit A is hereby approved for the
City of Clearlake.
PASSED AND ADOPTED on April 25, 2019 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________
Mayor, City of Clearlake
ATTEST:
_______________________________
City Clerk, City of Clearlake
Electronic Signature Use
City Council/Administrative
April 25, 2019
The purpose of this policy is to implement Resolution No. 2019-19 and further define when and
how electronic signatures may be used, including the documents and transactions approved for
electronic signature use, and how the documents and transactions are to be processed.
General Use of Electronic Signatures
Use of electronic signatures is encouraged for internal and external activities, documents, and
transactions when it is operationally feasible, where technology permits, and when it is
otherwise appropriate in the discretion of the City Manager, in accordance with Resolution No.
2019-19 and the following provisions.
The City Manager shall determine acceptable technologies and vendors that are consistent with
industry best practices to ensure the security and integrity of the data and the signatures. The
City Manager shall further determine the documents for which the City will accept electronic
signatures.
Administrative Policies and Procedures.
The City Manager and Administrative Services Director/City Clerk, in consultation with the City
Attorney, shall have the authority to develop administrative policies and procedures to the
extent necessary to implement the terms of this policy.
Document Class* Office of Record

Agreements for Consultant & Professional Administrative Services Department/City
Services, Contractors & Service Providers, Clerk
and other documents or agreements as may
be approved for electronic signature use by
the City Clerk.
Internal documents1 that are approved for Various

electronic signature by the initiating
department’s director and the City Clerk.
In any written communication or transaction Various

with the City where a signature is required,
any party to the communication may use a
digital signature, provided that it complies
with the requirements of this policy. This
section is intended to enable the City to use
digital signatures to the fullest extent
allowed by law.
* Additional document classes may be approved by the City Manager. Contact the
Administrative Services Director/City Clerk to initiate a request for approval.
Department Authorized to Initiate Electronic Signature Request

The department originating the Record is authorized to initiate an electronic signature request,
except that the Administrative Services Director/City Clerk may initiate an electronic signature
process on behalf of another department when requested for operational efficiency.
Approved Electronic Signature Technologies and Vendors

- DocuSign
- Other technologies and vendors as may be approved by the City Manager and/or the
City Attorney
The digital signature shall include the following attributes:
1. It is unique to the person using it.

2. It is capable of verification.
3. It is under the sole control of the signer.
4. It is linked to data in such a manner that if the data changed, the digital signature is
invalidated.
5. It conforms to regulations adopted by the Secretary of State.
The Certification Authority issuing the certification for the digital signature transaction must
appear on the "Approved List of Certification Authorities" authorized by the California Secretary
of State.
The technology used to create the digital signature shall meet the Secretary of State's
acceptable technology requirements under Title 2, Division 7, Chapter 10, Section 22003 of the
California Code of Regulations.
The City shall ensure that the level of security used to identify the signer of a document, and
that the level of security used to transmit the signature, is sufficient for the transaction being
conducted.
Prohibited Uses of Electronic Signatures
- Documents or transactions that require a signature to be notarized or acknowledged

- Documents or transactions that require a handwritten signature, including but not
limited to transfers of interests in real property
- Documents or transactions that are not specified in the “Approved Classes of
Documents and Transactions for Electronic Signature Use” section
- Documents or transactions that are not signed using approved electronic signature
technologies and/or vendors
Records Retention
It is the responsibility of the initiating department to retain and store signed documents in
accordance with Citywide records retention requirements.
1 Internal
documents are documents that are initiated by the City and are signed only by City
employees (i.e. no outside-party signatures).
CITY OF CLEARLAKE
Agenda Item No. 6

Subject: Receipt of and Response to the 2018/19 Grand Date: August 18, 2019
Jury Report Regarding Lampson Field
Recommended Action: Authorize the Mayor’s response to the report
Attached are the pages from the 2018/19 Lake County Civil Grand Jury Report dated March 14,
2019 that pertain specifically to the City of Clearlake. The full report is not reproduced here but
is on file in the City Clerk’s office should you wish to review the entire document.
The report discusses recommendations related to the operations of Lampson Field, located in
unincorporated County jurisdiction between Kelseyville and Lakeport. The Grand Jury Report
makes recommendations for support of improvements and updates at the airport. There are
several findings to which the City has been asked to provide a response where the City is
effectively neutral since the findings/recommendations are not under City operations.
Attached is the draft response letter from the Mayor that will be finalized if there are no
Council amendments to it.
None
ATTACHMENTS
• 2018/19 Lake County Civil Grand Jury Report (sections pertaining to the City of
Clearlake)
• Draft response letter
City of Clearlake
14050 Olympic Drive, Clearlake, California 95422
(707) 994-8201 Fax (707) 995-2653
April 25, 2019
Superior Court of California

Attn: Grand Jury Responses
County of Lake
255 N. Forbes Street, 4th Floor
Lakeport, CA 95453
Re: Report Title: “How Can We Safely Land?”
The City of Clearlake wishes to thank the members of the Lake County Grand Jury for their
report and their service to the citizens of Lake County. City management has reviewed the
recommendations which are applicable to the City of Clearlake, drafted responses, and
submitted the responses to the City Council for approval.
Pursuant to law, the City of Clearlake herewith tenders our responses to those
recommendations applicable to the City:
Recommendation (R) #1:
A plan of action is needed immediately in order to seek help with the ALUC commission
process to enable application for available grants and funding.
Agree; has been implemented. While the City of Clearlake does not have jurisdiction over
Lampson Field, the Clearlake City Council has appointed a member to the Lake County Airport
Land Use Commission (ALUC) for many years. Attached to this letter is a listing of the 2019
City of Clearlake Mayor’s Appointments showing Vice Mayor Cremer and Councilmember
Slooten as the appointee to the ALUC. Additionally, the City is willing to participate in any
additional committees or efforts to enhance this vital link to Lake County tourism and economic
development.
Regards,
S. Nick Bennett
Mayor
CITY OF CLEARLAKE
Agenda Item No. 7

Subject: Second Reading and Adoption of Ordinance Date: April 19, 2019
Amending the Clearlake Municipal Code Relating
to Abandoned Vehicles
From: Melissa Swanson, Administrative Services

Director/City Clerk
Recommended Action: Hold second reading of Ordinance No. 228-2019 by title only, waive
further reading, and adopt ordinance
On April 11, 2019, Council held the first reading of Ordinance No. 228-2019. Staff is
recommending holding the second reading and adoption of the ordinance.
From the staff report of April 11th:
California Vehicle Code (CVC) Section 22660 et seq. authorizes a city to adopt an ordinance for
the removal, as a public nuisance, of abandoned, wrecked, dismantled and inoperative vehicles
(hereafter referred to as abandoned vehicles). The Clearlake City Council adopted an ordinance
pursuant to this authority and it is codified in Clearlake Municipal Code (CMC) Chapter 10, Section
10-6. This ordinance is the basis for towing activities reimbursed under the Abandoned Vehicle
Abatement Authority (AVA) per CVC 22710.
The ordinance as written pertains only to public and private property and excludes “highways”,
which by CVC definition, include streets. In 1988, Assembly Bill 2915 removed the limitation on
highways. The CMC was never updated to reflect this change. The proposed ordinance removes
the “highways” limitation.
The proposed ordinance makes it unlawful for any person to abandon, store, leave, or permit the
abandonment, storing, or leaving of any licensed or unlicensed vehicle or parts thereof which is
1
abandoned, wrecked, dismantled or inoperative upon any private property or public property,
including highways, within the city for a period in excess of 72 or more consecutive hours.
The proposed ordinance also makes it unlawful for a person to fail or refuse to remove an
abandoned vehicle when they have been ordered to do so in accordance with the CMC.
Abandoned vehicles are a public nuisance that reduce values of property, promote blight and
deterioration and create fire hazards, amongst other negative impacts. Given the large number
of these vehicles throughout our city, it is important to leverage all legal authority granted by
state law and to have strict regulations regarding the creation and maintenance of these
nuisances.
There is no financial cost to the city for this item.
The adoption of the ordinance will support achieving the following Council adopted goals: Make
Clearlake a Visibly Cleaner City, Improve the Image of Clearlake, Update Policies & Procedures to
Current Government Standards, and City Policies Will Support Economic Development – Code
Enforcement in Business Districts.
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ORDINANCE NO. 228-2019
AN ORDINANCE AMENDING CHAPTER 10, SECTION 10-6 OF THE

CLEARLAKE MUNICIPAL CODE RELATED TO ABANDONED, WRECKED, DISMANTLED AND
INOPERATIVE VEHICLES INCLUDING ABATEMENT THEREOF
WHEREAS, California Vehicle Code Section 22660 et seq. authorizes a city to adopt an ordinance
for the removal, as a public nuisance, of certain vehicles, including abandoned vehicles, and
Clearlake adopted such an ordinance, which is codified in Clearlake Municipal Code (CMC)
Chapter 10, Section 10-6 (“Towing and Removal of Vehicles”); and
WHEREAS, the original version of Vehicle Code Section 22660 in the 1980s excluded highways,
which by definition includes streets, from the areas vehicles could be removed from under the
authority of the ordinance. In 1988, Assembly Bill 2915 removed the limitation, but the CMC
was never updated to reflect this change; and
WHEREAS, the presence of abandoned, wrecked, dismantled and inoperative vehicles

throughout the city constitute a public nuisance and the City Council desires to expressly
prohibit the improper storage and abandonment of vehicles and the refusal to abate vehicles
when so ordered.
The City Council of the City of Clearlake, State of California does hereby ordain as follows:
SECTION 1. FINDINGS.
A. The above recitals are declared to be true and correct findings of the City Council of the
City of Clearlake.
SECTION 2.
Chapter 10, Section 10-6, Subsection 10-6.1, is hereby amended to read as follows:
“
10-6.1 Findings; Declaration of Public Nuisance; Exceptions.
a. In addition to and in accordance with the determination made, and the authority granted by
the State of California under Section 22660 of the Vehicle Code to remove abandoned,
wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City
Council hereby finds that the accumulation and storage of abandoned, wrecked, dismantled,
or inoperative vehicles or parts thereof on private or public property, creates a condition
tending to:
1. Reduce the value of private property;
2. Promote blight and deterioration;

3. Invite plundering;
4. Create fire hazards;
5. Constitute an attractive nuisance creating a hazard to the health and safety of minors;
6. Create a harborage for rodents and insects; and
7. Be injurious to the health, safety and general welfare of the City.
b. The presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof,

on private or public property, except as expressly hereinafter permitted, is hereby declared
to constitute a public nuisance which may be abated as such in accordance with the
provisions of this Section.
c. This Section shall not apply to:
1. A vehicle, or parts thereof, that is completely enclosed within a building in a lawful

manner where it is not visible from the street or other public or private property;
2. A vehicle, or parts thereof, which is stored or parked in a lawful manner on private

property in connection with the business of a licensed dismantler, licensed vehicle
dealer, a junk dealer, or when such storage or parking is necessary to the operation of a
lawfully conducted business or commercial enterprise;
3. A vehicle, or parts thereof, that are located behind a legally permitted, solid fence six (6')
feet in height, in a lawful manner where it is not visible from the street or other public
or private property.
d. Nothing in this Section shall authorize the maintenance of a public or private nuisance as
defined under provisions of law other than Chapter 10 (commencing with Section 22650) of
Division 11 of the Vehicle Code and this Section.
e. As used in this Section, the following definitions shall be used:
1. “Highway” means a way or place of whatever nature, publicly maintained and open to
the use of the public for purposes of vehicular travel. Highway includes street.
2. “Owner of the land” means the owner of the land on which the vehicle, or parts thereof,
is located, as shown on the last equalized assessment roll.
3. “Owner of the vehicle” means the last registered owner and legal owner of record.
4. “Vehicle” means a device by which any person or property may be propelled, moved, or
drawn upon a highway except a device moved by human power or used exclusively upon
stationary rails or tracks.”
SECTION 3.
The word “Chapter” shall be replaced with the word “Section” in Subsections 10-6.2, 10-6.3,
10-6.4, 10-6.5, 10-6.9 and 10-6.10 of Chapter 10, Section 10-6.
SECTION 4.
Chapter 10, Section 10-6, Subsection 10-6.7, is hereby amended to read as follows:
“
a. Prior to the abatement or removal of any vehicle or parts thereof pursuant to this Chapter,
the City shall mail a ten (10) day notice of intention to abate and remove the vehicle, or
parts thereof, as a public nuisance by registered or certified mail to the owner of the land
on which the vehicle or parts thereof is located and to the owner of the vehicle, unless the
vehicle is in such condition that identification numbers are not available to determine
ownership.
b. The notice shall contain a statement of hearing rights of the owner of the property on
which the vehicle, or parts thereof, is located and of the owner of the vehicle. The
statement shall include notice to the property owner that they may appear in person at a
hearing or may submit a sworn statement denying responsibility for the presence of the
vehicle on the land, with their reasons for such denial, in lieu of appearing.
“
SECTION 5.
Chapter 10, Section 10-6 is amended by adding a new Subsection 10-6.13, to read:
“
10-6.13 Abandonment Prohibited
It is unlawful for any person to abandon, store, leave, or permit the abandonment, storing, or
leaving of any licensed or unlicensed vehicle or parts thereof which is abandoned, wrecked,
dismantled or inoperative upon any private property or public property, including highways,
within the city for a period in excess of 72 or more consecutive hours.
”
SECTION 6.
Section 10-6 is amended by adding a new Subsection 10-6.14, to read:
“
10-6.14 Failure to Abate
It is unlawful for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or
inoperative vehicle or part thereof, or refuse to abate such nuisance when ordered to do so in
accordance with the abatement provisions of this Section or state law, where such state law is
applicable.
”
SECTION 7. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held
invalid, the remainder of the ordinance and the application of such provision to other persons or
circumstances shall not be affected thereby.
SECTION 8. EXECUTION.
The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City
Clerk shall cause the same to be published once in the official newspaper within 15 days after its
adoption. This Ordinance shall become effective 30 days from its adoption.
Passed and Adopted this day of , 2019 by the following vote:
AYES:
NOES:
ABSENT OR NOT VOTING:
Mayor, City of Clearlake
ATTEST:
City Clerk, City of Clearlake

CITY OF CLEARLAKE

Agenda Item No. 8
Subject: Consideration of New Clean Water Program Date: April 19, 2019
Agreement between the City of Clearlake, City of
Lakeport, County of Lake and the Lake County
Watershed Protection District Reviewed & Approved:
From: Alan D. Flora, City Manager
Recommended Action: Adopt Clean Water Program Agreement and Authorize the Mayor
to Sign.
In October 2003, the Lake County Watershed Protection District, County of Lake, City of Clearlake
and City of Lakeport submitted a joint stormwater management plan to the state. The plan
ensured compliance with state requirements for stormwater discharges under our municipal
separate storm sewer systems (MS4) general permit. On July 7, 2004 the state authorized co-
permittees to discharge under a General Permit, provided that municipalities implement and
monitor the stormwater management plan and are in full compliance with the requirements and
prohibitions of the General Permit.
The Clean Water Program remained active for about 10 years ensuring program compliance
within city and county jurisdictional boundaries. Activity declined around 2013. Minimal MS4
activity took place between 2013 and 2018 and as a result the state has threatened
enforcement for non-compliance with the general permit. During the same period, state
requirements continued to become more stringent and are now linked to the state-regulated
Total Maximum Daily Loads program.
In 2018 the Water Resources Department initiated meetings with the co-permittees in an effort
to ensure future compliance and to discuss reinstituting the Clean Water Program. The parties
determined that it would be in the best interest of Clear Lake, each co-permittee and citizens of
Lake County to reinitiate the Clean Water Program. One of the first orders of business is to
establish a new agreement. The original Clean Water Program agreement expired in 2009.
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The new agreement, between Lake County Watershed Protection District, County of Lake and
cities of Lakeport and Clearlake, has been updated from a prior agreement executed in 2004 and
has been reviewed by all co-permittees
RECOMMENDED ACTION:
Adopt Clean Water Program Agreement and Authorize the Mayor to Sign.
ATTACHMENTS:
1. Clean Water Program Agreement
2
AGREEMENT
PROVIDING FOR IMPLEMENTATION AND MAINTENANCE OF
THE LAKE COUNTY CLEAN WATER PROGRAM
THIS AGREEMENT, is made by and between the Lake County Watershed Protection
District (DISTRICT), County of Lake (COUNTY), City of Clearlake (CLEARLAKE) and
City of Lakeport (LAKEPORT).
COUNTY, CLEARLAKE and LAKEPORT are hereinafter collectively referred to as

“PARTIES” or individually as "PARTY".
RECITALS:
A. Amendments to the Clean Water Act (CWA) in 1987 added section 402(p), which
established a framework for regulating stormwater discharges under the National
Pollutant Discharge Elimination System (NPDES) Program. Pursuant to Section 402
(p) of the CWA and EPA regulations, the Central Valley Regional Water Quality
Control Board adopted State Water Resources Control Board (SWRCB) Water Quality
Order No. 2003-0005, NPDES Permit No. CAS000004, defining the program that the
PARTIES are required to develop and implement. This order has since been
amended by order to be NPDES Permit No. CAS000004 WQ 2015-0133-EXEC,
ORDER WQ 2016-0069-EXEC, WQ ORDER 2017-XXXX-DWQ, ORDER WQ 2018-
0001-EXEC, AND ORDER WQ 2018-0007-EXEC, and will continue to be amended
or continued as appropriate.
B. On February 19, 2002, the Lake County Stormwater Task Force was formed to:
1) Investigate individual vs. area-wide permits;
2) Identify joint efforts/individual efforts;
3) Estimate program costs;
4) Determine existing funding from existing programs; and
5) Evaluate other funding options and establish an implementation plan.
Stormwater Task Force conclusions and recommendations to the Board of

Supervisors and both City Councils were:
1) File for permit coverage as co-permittees under a single Stormwater
Management Plan (SWMP),
2) Utilize the DISTRICT for overall program coordination and management,
3) Each PARTY would be responsible for implementing the SWMP within their
jurisdiction.
C. On October 14, 2003, the SWMP and Notice of Intent to file for permit coverage as
co-permittees was approved by the PARTIES. Permit coverage commenced on
October 27, 2003. Updated permit coverage became effective on July 1, 2013.
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D. The SWMP is intended to be flexible in developing a stormwater program over a five
year period with a fully functional stormwater program at the end of the five year
period. At present, many departments of the PARTIES are performing duties that
complement the intent of the stormwater program. It is the intent of the PARTIES to
work together to identify joint and individual efforts already being implemented and
maintain those efforts as needed to satisfy the requirements of NPDES Permit No.
CAS000004, its amended work orders and any of the continuing, replaced, or
amended permits that serve a similar function.
E. In and for the mutual interest of the PARTIES, the PARTIES and DISTRICT wish to
enter into this Agreement for the purpose of ensuring continued participation, in terms
of cost and administrative responsibilities for joint efforts on behalf of all PARTIES,
and to ensure uniform implementation of NPDES Permit No. CAS000004 and its
amended work orders.
NOW, THEREFORE, THE PARTIES HERETO AGREE, AS FOLLOWS:
Section 1. Lake County Clean Water Program
1.01 The Lake County Clean Water Program (“Program”) is hereby implemented to fulfill
the requirements of NPDES Permit No. CAS000004 and its amended work orders
as it exists, may be modified, or may be reissued in the future (hereinafter referred
to as "NPDES Permit").
1.02 The Program is a collective effort that provides for implementation of area-wide
activities that are designed to benefit all PARTIES.
Section 2. DISTRICT and PARTY Responsibilities

2.01 The Program will be administered by the DISTRICT under the following terms and
conditions:
A. The DISTRICT will act as Program Manager for the Program. The Program Manager
shall be responsible for Program management and administration, permit
management, and technical program management all in accordance with the
NPDES Permit, this Agreement, Program Bylaws, and as recommended by the Lake
County Clean Water Program Management Council (hereinafter PROGRAM
MANAGEMENT COUNCIL) in the best interest of the PARTIES as a whole and
individually.
B. The DISTRICT will be responsible for providing a secretary at all committee and
subcommittee meetings to take roll, record the meeting, distribute meeting minutes
and set the next agenda.
C. The DISTRICT shall be responsible for submitting all required annual reports to the
Central Valley Regional Water Quality Control Board by September 15th of each
year.
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D. It is the responsibility of each PARTY to supply the DISTRICT with the necessary
information to satisfy the annual reporting requirements as outlined in the
Stormwater Management Plan and NPDES Municipal General Permit by August 15th
of each year.
E. Each PARTY shall submit the appropriate fee, payable to the State Water Resources
Control Board, to the DISTRICT, by September 1st of each year.
F. Each PARTY shall designate a Stormwater Program Coordinator to represent their

jurisdiction with respect to this Agreement.
G. Each PARTY shall be responsible for implementing the Stormwater Management

Plan within their jurisdiction as recommended by the PROGRAM MANAGEMENT
COUNCIL, and as adopted by the PARTIES.
H. Each PARTY agrees to participate in PROGRAM MANAGEMENT COUNCIL

meetings, any derived Program Workgroup meetings, and other required meetings
of the PARTIES related to the Program.
I. Each PARTY agrees to individually address inter-agency issues, agreements or

other cooperative efforts within their jurisdiction.
2.02 This Agreement does not restrict the PARTIES from the ability to individually (or
collectively) request NPDES Permit modifications and/or initiate NPDES Permit
appeals for permit provisions to the extent that a provision affects an individual
PARTY (or group of PARTIES). However, any such PARTY (or PARTIES) shall
make reasonable efforts to provide advance notice of their action to the other
PARTIES and allow them to comment upon or join in their action before proceeding.
Modifications / appeals that are granted need to be reported to ALL PARTIES and
PROGRAM MANAGEMENT COUNCIL so that program reporting is accurate.
Section 3. Lake County Clean Water Program Management Council
3.01 The PROGRAM MANAGEMENT COUNCIL is hereby created to make

recommendations for overall Program management and coordination, strategic
planning, review, budget considerations and conflict resolution with respect to the
NPDES Permit on behalf of all PARTIES for the Program.
3.02 The PROGRAM MANAGEMENT COUNCIL provides programmatic objectives

and procedures for workgroups and program elements in the by-laws created by
and for the PROGRAM MANAGEMENT COUNCIL.
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3.03 The PROGRAM MANAGEMENT COUNCIL recommendations adopted by the
County Board of Supervisors and both City Councils shall become binding upon all
PARTIES.
3.04 PROGRAM MANAGEMENT COUNCIL will agree to convene at a minimum four

times annually. Program workgroups/elements will be discussed as lead topics on
a rotating basis at each meeting as needed to accomplish the goals of the
PROGRAM MANAGEMENT COUNCIL as stated in 3.01.
3.05 The PROGRAM MANAGEMENT COUNCIL shall give annual updates to the County
Board of Supervisors and both City Councils.
3.06 Meetings of the PROGRAM MANAGEMENT COUNCIL shall be conducted in

accordance with the "Brown Act” (Government Code Section 54950 et seq.). Except
for official meetings of the PROGRAM MANAGEMENT COUNCIL, nothing herein
shall be interpreted to require meetings between staff members of the individual
PARTIES (including designated representatives of the PARTIES) to be subject to
the Brown Act, where the Brown Act would not otherwise apply. Each PARTY is
individually responsible for ensuring that it complies with the Brown Act.
3.07 The membership of the PROGRAM MANAGEMENT COUNCIL shall consist of

seven members as follows: one designated representative from each PARTY; one
representative from the DISTRICT; and a Stormwater Program Coordinator from
each PARTY. One alternative representative may be appointed by each PARTY and
DISTRICT.
3.08 The PROGRAM MANAGEMENT COUNCIL may as necessary adopt and revise
Bylaws for its governance.
3.09 The PROGRAM MANAGEMENT COUNCIL may periodically re-evaluate and make
recommendations to the PARTIES concerning reallocation of the proportion of
program funds that each PARTY shall pay.
3.10 The PROGRAM MANAGEMENT COUNCIL shall recommend timelines and budgets
for completion of Program tasks.
Section 4. Program Costs Participation and Allocation
4.01 All program costs specific to the particular needs of the PARTIES, not related to the
Program on behalf of all PARTIES, shall be borne by that PARTY.
4.02 A collective budget for those aspects of the Program that are to be shared by all
PARTIES of the Program (Program Budget) shall be developed by February 1st and
presented to the County Board of Supervisors and both City Councils for final
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approval for approval. The Budget shall include a Contingency/Reserve Fund which
shall not exceed ten percent (10%) of the operating costs of the adopted Budget.
4.03 All mutual Program permit costs shall be allocated on population numbers annually
obtained from the State of California Department of Finance. The population data
published in January of each year will be used to form the cost allocations for the
following fiscal year. (See EXHIBIT "A" for the 2017/2018 Fiscal Year Allocations)
4.04 The PARTIES shall each pay a yearly assessment by August 1st of each year into a
fund established for Program operations for their assigned portion of the Program
Budget for mutual program efforts. The proportionate share of the Program Budget
that each PARTY shall pay is shown in the schedule marked Exhibit A hereto and
incorporated by reference herein.
4.05 Except as provided in Section 6.03, the ending fund balance at the close of each
fiscal year shall be credited to the PARTIES’ share of the next fiscal year’s costs on
a pro-rata basis. Likewise, any unanticipated costs shall be paid in accordance with
the PARTIES’ defined participation rates.
Section 5. Term of Agreement
5.01 The term of this Agreement shall commence on the date the last duly authorized
representative of the PARTIES executes it.
5.02 This Agreement shall have a term of ten (10) years.
5.03 Any PARTY or the DISTRICT may terminate its participation in this Agreement by
giving the other PARTIES at least thirty (30) days written notice. Termination shall
be effective on the fiscal year following notification. The terminating PARTY will bear
the full responsibility for its compliance with the NPDES Permit, commencing on the
next fiscal year after it terminates its participation, including its compliance with both
community-specific and program-wide responsibilities. The terminating party will be
reimbursed for any unexpended funds in accordance with the PARTIES defined
participation rates.
Section 6. General Legal Provisions
6.01 This Agreement may be amended by unanimous written agreement of the

PARTIES and DISTRICT.
6.02 This Agreement may be executed and delivered in any number of copies
("counterpart") by the PARTIES, including by means of facsimile or electronic mail.
When each PARTY has signed and delivered at least one counterpart to the
Program, each counterpart shall be deemed an original and, taken together, shall
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constitute one and the same Agreement, which shall be binding and effective as to
the PARTIES hereto.
6.03 No PARTY shall, by entering into this Agreement or participating in the PROGRAM
MANAGEMENT COUNCIL, assume or be deemed to assume responsibility for any
other PARTY in complying with the requirements of the NPDES Permit. This
Agreement is intended solely for the convenience and benefit of the PARTIES hereto
and shall not be deemed to be for the benefit of any third party and may not be
enforced by any third party, including, but not limited to, the EPA, the SWRCB,
Central Valley RWQCB and North Coast RWQCB, or any person acting on their
behalf or in their stead.
6.04 In lieu of and notwithstanding the pro-rata risk allocation which might otherwise be
imposed between the PARTIES pursuant to Government Code Section 895.6, the
PARTIES agree that all losses or liabilities incurred by a PARTY shall not be shared
pro-rata but instead the PARTIES agree that pursuant to Government Code Section
895.4, each of the PARTIES hereto shall fully defend, indemnify and hold harmless
each of the other PARTIES from any claim, expense or cost, damage or liability
imposed for injury (as defined by Government Code Section 810.8) occurring by
reason of the negligent acts of omissions or willful misconduct of the indemnifying
PARTY, its officers agents or employees, under or in connection with or arising from
any work, authority or jurisdictions delegated to such PARTY under this Agreement,
including but not limited to any non-compliance by a PARTY with its obligations
under the Program NPDES Permit. No PARTY, nor any officer, board member,
employee or agent thereof shall be responsible for any damage or liability incurred
by reason of the negligent acts or omissions or willful misconduct of the other parties
hereto, their officers, board members, employees or agents under or in connection
with or arising from any work, authority or jurisdictions delegated to such PARTY
under this Agreement, including but not limited to any non-compliance by a PARTY
with its obligations under the Program NPDES Permit.
6.05 In the event that suit shall be brought by any PARTY to this contract arising out of
their participation in this Agreement, the PARTIES agree that venue shall be
exclusively vested in either the state courts of the County of Lake, or where
otherwise appropriate, in the United States District Court, Northern District of
California.
IN WITNESS WHEREOF, the PARTIES have executed this Agreement on the day and
year set forth by the PARTIES’ signature block.
///
DISTRICT:
LAKE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
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By: DATED:
Chair, Board of Directors
APPROVED AS TO FORM: ATTEST:

ANITA L. GRANT CAROL J. HUCHINGSON
County Counsel Clerk of the Board
By: By:
PARTY:
COUNTY OF LAKE
By: DATED:
Chair, Board of Supervisors
APPROVED AS TO FORM: ATTEST:

ANITA L. GRANT CAROL J. HUTCHINGSON
County Counsel Clerk of the Board
By: By:
PARTY:
CITY OF LAKEPORT
By: DATED:
Tim Barnes, Mayor
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APPROVED AS TO FORM:
City Attorney
By:
David Rudderman, City Attorney
PARTY:
CITY OF CLEARLAKE
By: DATED:
Nick Bennet, Mayor
APPROVED AS TO FORM:
Ryan Jones, City Attorney
By:
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EXHIBIT A
LAKE COUNTY CLEAN WATER PROGRAM

SCHEDULE OF COST-SHARING PROPORTIONS
Jurisdiction Proportional Share 2018
County of Lake 67.7%
City of Clearlake 24.5%
City of Lakeport 7.9%
TOTAL 100%
CALIFORNIA DEPT. OF FINANCE POPULATION FIGURES

2018
Jurisdiction 2017
County of Lake 64,740 65,081
Clearlake 16,151 15,917
Lakeport 5,125 5,134
Unincorporated 43,464 44,030
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CITY OF CLEARLAKE

Agenda Item No. 9
Subject: Consideration of a Road Abandonment for Date: April 25, 2019

Konocti Water District
From: Julie L. Burrow, Assistant Planner/CPT
Recommended Action: Adopt Resolution No. 2019-21 Approving a Petition for

Abandonment of a Portion of Ballpark Avenue Right-of-Way
between APN 040-240-10 and 040-271-01
Situation/Project Description: The applicant, Konocti County Water District, is requesting the
abandonment of the street right-of-way on Ballpark Avenue, adjacent to, and between the above
parcels in order to install a new raw water pump station and enhance operations of the Water
District plant facilities. This involves the abandonment of a 3,116 +/- square foot portion of right
of way.
The Planning Commission found that the abandonment is consistent with the General Plan on
April 2, 2019 and recommended the Council approve the petition.
Staff believes that this request should be supported because it allows needed upgrades of the
District’s water service; and is compatible with the surrounding land uses. The abandonment of
this portion of the road is of no benefit to either the City or Cal Trans.
The surrounding land uses include:
* North: Commercial
* South: Residential
* East: Open Area
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* West: Lake Front
GENERAL PLAN CONFORMITY ANALYSIS CONSIDERATIONS:
General Plan Consistency

The General Plan designation for this property is Park and Recreation. The General Plan allows
for other land uses so the project may be found to be consistent with the General Plan.
Zoning Compliance
The property is zoned open area. The purpose of this district is to is to allow for sufficient space
to accommodate the community’s need for wide range of public uses. The zone is intended to
be used as open space such as wildlife sanctuaries, wetlands, reservoirs, forest, and agriculture.
Environmental Assessment
This project has been reviewed in accordance with CEQA and the City of Clearlake’s
Environmental Guidelines and has been determined to be Categorically Exempt from CEQA
pursuant to Section 15312 of the California Environmental Quality Act.
Recommendation
Adopt Resolution No. 2019-21 Approving a Petition for Abandonment of a Portion of Ballpark
Avenue Right-of-Way between APN 040-240-10 and 040-271-01
Attachments:
Vicinity Map
Legal Description
Legal Plat
Resolution No. PC 2019-04
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RESOLUTION PC 2019-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CLEARLAKE FINDING THE ABANDONMENT OF A
RIGHT-OF-WAY CONSISTENT WITH THE GENERAL PLAN
WHEREAS, the City has petitioned to abandon the right-of-way identified in Exhibit A and
Exhibit B; and
WHEREAS, the City Council has considered this project at a duly noticed public hearing on this
date and found that the abandonment is consistent with the General Plan of the City of
Clearlake.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Clearlake that the
abandonment of the Road identified in Exhibit A is consistent with the General Plan.
PASSED AND ADOPTED on this 25th day of April 2019 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
______________________________
City Clerk
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CITY OF CLEARLAKE
Agenda Item No. 10
Subject: Discussion and Consideration of Amendments to April 16, 2019

Sections 5 and 18 of the Clearlake Municipal Code
Related to Cannabis Businesses
From: Alan D. Flora, City Manager
Prepared
by: Gary W. Price, Contract Planner
RECOMMENDED ACTION:
1. Determine that the project is exempt from environmental review in accordance with CEQA..
2. Adopt Ordinance No. 229-2019 Amending Sections 5 and 18 of the Municipal Code.

The Planning Commission and Cannabis Ad-Hoc Committee have recommended to the City
Council adoption of amendments to the municipal code, including the Police Regulations
(Chapter 5) and Zoning Regulations (Chapter 18) concerning provisions for microbusinesses,
processing of cannabis, commercial cannabis manufacturing and some related clarifications.
Attached is Planning Commission Resolution No. PC 2019-03 recommending the proposed
amendments. The proposed amendments to the Code are discussed in more detail in the
attached Planning Commission staff report and summarized as follows:
Changes to Accommodate Cannabis Micro-Businesses:

• Section 18-12.20, Applicability: includes redefining microbusinesses, and determines
locations where they may be permitted and how they can be permitted.
• Section 18-12.060, General Operating Requirements, new subsection i: Indicates that
microbusinesses are subject to a discretionary use permit from the Planning Commission.
• Section 5-25.200, Definitions: Adding microbusinesses.
Other Proposed Ordinance Changes:

• Section 18-3.903, Signs: Allows signage for microbusinesses, similar to dispensary
businesses.
• Section 18-12.20, Applicability: Various amendments to provide the Lake County Fire
Protection District to determine regulations for volatile and non-volatile manufacturing.
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• Section 18-12.060, General Operating Requirements: New subsection J, confirming that
cannabis processing operations are an ancillary and integral part of the operations of a
Cannabis Manufacturer or Cannabis Cultivator and are not required to have an additional
Cannabis Processing permit.
• Several sections were deleted in the violations section because they are already in the
City code.
ENVIRONMENTAL DETERMINATION:
The project is exempt from the California Environmental Quality Act (CEQA) Guidelines in
accordance with Section 15061 (b) (3), of the CEQA Guidelines, regarding the General Rule; with
certainty, the project would have no significant effect on the environment. The changes proposed
primarily consist of regulatory changes to comply with State Laws. All regulatory changes will not
result in any effect on the environment.

Adopting proposed amendments would clarify provisions of State law and provide for consistency
between the City of Clearlake and the Lake County Fire Protection District regulations. Expanding
allowances for microbusinesses may increase potential revenues from increased business
opportunities.
ATTACHMENTS:
1. Ordinance No. 229-2019 Amending Sections 5 and 18 of the Clearlake Municipal Code
2. Resolution PC 2019-03 of the Planning Commission.
3. Planning Commission Staff Report
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ORDINANCE NO. 229 - 2019
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE AMENDING CERTAIN

PROVISIONS OF ARTICLE 18-3 OF THE CLEARLAKE MUNICIPAL CODE , AMENDING SECTION 18-
6.01 OF THE CLEARLAKE MUNICIPAL CODE TO ADD A DEFINITION FOR CANNABIS
MICROBUSINESS, REPEALING AND READOPTING 18-12 OF THE CLEARLAKE MUNICIPAL CODE
ENTITLED COMMERCIAL CANNABIS USES, REPEALING AND READOPTING SECTION 5-25 TITLED
CANNABIS BUSINESS REGULATORY PERMIT OF CHAPTER 5, AND MAKING A FINDING OF
EXEMPTION FROM CEQA UNDER SECTION 15061(B)(3) OF THE CEQA GUIDELINES
WHEREAS, on June 27, 2017, Governor Brown signed into law Senate Bill 94, the
Medicinal and Adult Use of Cannabis Regulation and Safety Act (“MAUCRSA”), repealing MCRSA
and creating a unified regulatory structure for adult use and medical cannabis, including
regulation of non-storefront cannabis retailers;
WHEREAS, Business and Professions Code Section 26055(e) states that a State licensing
authority shall not approve an application for a State license for commercial cannabis activity if
approval of the State license will violate the provisions of any local ordinance;
WHEREAS, MAUCRSA permits the City to (1) adopt and enforce local ordinances to
regulate medical and adult use cannabis businesses, including, but not limited to, local zoning
and land use requirements, business license requirements, and requirements related to reducing
exposure to secondhand smoke, or (2) completely prohibit the establishment or operation of one
or more types of cannabis businesses within its jurisdiction;
WHEREAS, the City has undertaken a review of its existing cannabis policies and has
identified an opportunity to increase revenue to the City without assuming the perceived
negative impacts of commercial cannabis activity by considering the permitting and regulation of
a limited number of highly compliant operators;
WHEREAS, the City Council finds that the provisions of this Ordinance are consistent with
the City of Clearlake’s General Plan;
WHEREAS, the proposed amendments to the City of Clearlake Municipal Code set forth
herein provide for the “public necessity and convenience and general welfare” and would not be
detrimental to the public’s health, safety, and welfare;
WHEREAS, the City of Clearlake staff, pursuant to the provisions of the California
Environmental Quality Act (“CEQA”) (California Public Resources Code Sections 21000, et seq.)
and State CEQA guidelines (Sections 15000, et seq.), has determined that the Ordinance is
exempt pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations; and, no
further environmental analysis is required, and a notice of exemption will be filed; and
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WHEREAS, the City of Clearlake City Council has considered public comment at a duly
noticed public hearing.
THE CITY COUNCIL OF THE CITY OF CLEARLAKE DOES ORDAIN AS FOLLOWS:
Section 1. The City of Clearlake Police Chief or designees are hereby authorized to
access state and federal level summary criminal history information for employment (including
volunteers and contract employees), licensing of managers, supervisors, or owners, or
certification for commercial marijuana dispensaries purposes and may not disseminate the
information to a private entity.
Section 2.
Subsection 18-3.101-Establishment of Combining Districts of Chapter XVIII of the
Clearlake Municipal Code, is hereby amended by the adoption of a new subpart “h” to read as
follows:
18-3.101 Combining Districts
***
h. “CB” Commercial Cannabis Business
Section 2. Chapter XVIII, Article 18-3 of the Clearlake Municipal Code is amended to
add a new Section 18-3.9 to read as follows:
18-3.9 Commercial Cannabis Business
18-3.900 Purpose.
The purpose of this district is to provide an opportunity for locating commercial cannabis
businesses in the City in appropriate locations which will minimize impacts on the public health,
safety and welfare.
18-3.901 Application.
This district shall be combined with the base zones of RP, C2, and C4, subject to the
specific location regulations set forth in Article 18-12, subpart 18-12.020.b. for the specific type
of cannabis business defined in section 18-6.1 and the requirement for a use permit as set forth
in section 18-3.902 below. The Community Development Director is directed to add text notes
and/or graphics identifying the CB combining zone and specific locational requirements of the
zone to the official zoning map of the City of Clearlake.
18-3.902 Cannabis Business Use Permit Required.
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Cannabis Business use permits, which may be revocable, conditional or valid for a term
period, may be issued by the planning commission for any of the uses or purposes for which such
permits are required or permitted by, and subject to all of the provisions of, Article 18-12
Commercial Cannabis Uses.
18-3.903 Signs.
Except for microbusinesses, which shall have a sign program approved as a component of
a use permit for the microbusiness, there shall be no signage or markings on the Premises, or off-
site, which in any way evidences that Commercial Cannabis operations are occurring on the
property. Interior building signage is permissible provided the signage is not visible outside of the
building.
Section 3. Section 18-6.1 of Chapter XVIII of the Clearlake Municipal Code is hereby
amended by the addition of the following definitions to subsection 18-6.101, to be inserted in
alphabetical order within the existing text.
APPLICATION means that form provided by the City in accordance with Article 18-12 for
the purpose of seeking a use permit for a Commercial Cannabis business.
CANNABIS means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or
hereafter be discovered or developed that has psychoactive or medicinal properties, whether
growing or not, including the seeds thereof. “Cannabis” also means Marijuana as defined by
Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statues of 1972.
For the purposes of this section, “Cannabis” does not mean “industrial hemp” as defined by
Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety
Code. Cannabis is classified as an agricultural product separately from other agricultural crops.
CANNABIS BUSINESS means the businesses of commercial cannabis cultivation, cannabis

manufacturer, cannabis testing laboratory, and cannabis distributor.
CANNABIS CULTIVATION SITE means the premise(s), leased area(s), property, location or
facility where Cannabis is planted, grown, harvested, dried, cured, graded, or trimmed or that
does all or any combination of those activities.
CANNABIS DISTRIBUTOR means a Cannabis Operator permitted pursuant to this Chapter

to operate a location or a facility where a Person conducts the business of procuring Cannabis
from permitted Cannabis Cultivation Sites or Cannabis Manufacturers for sale to permitted
Cannabis Dispensaries, and the inspection, quality assurance, batch testing by a Type 8 licensee,
storage, labeling, packaging and other processes prior to transport to permitted Medical
Cannabis Dispensaries.
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CANNABIS LICENSE means a State license issued pursuant to MAUCRSA, as may be
amended from time to time.
CANNABIS LICENSEE means a Person issued a Cannabis License under MAUCRSA to

engage in commercial Cannabis activity.
CANNABIS MANUFACTURER means a Person that produces, prepares, or compounds

manufactured Cannabis or Cannabis Products either directly or indirectly or by extraction
methods, or independently by means of chemical synthesis or by a combination of extraction and
chemical synthesis at a fixed location that packages or repackages Cannabis or Cannabis Products
or labels or relabels its container, that holds a valid Cannabis License and that holds a valid City
zoning clearance or use permit.
CANNABIS MANUFACTURING SITE means a location that produces, prepares, or

compounds manufactured Cannabis or Cannabis Products, directly or indirectly, by extraction
methods, independently by means of chemical synthesis, or by a combination of extraction and
chemical synthesis, and is owned and operated by a permittee for these activities.
CANNABIS MICROBUSINESS means a location operating as a microbusiness as defined in

the state regulations issued by the Bureau of Cannabis Control for cannabis microbusinesses, but
must include a dispensary component.
CANNABIS NURSERY means a location operating as a nursery solely for purposes of

supplying immature plants to cannabis cultivation facilities.
CANNABIS PROCESSOR means a location that dries, cures, grades, trims and packages
cannabis products.
CANNABIS PRODUCT means any product containing Cannabis, including but not limited
to flowers, buds, oils, tinctures, concentrates, extractions, and edibles intended to be sold for use
according to MAUCRSA. For the purposes of this chapter, Cannabis does not include industrial
hemp, as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the
Health and Safety Code.
CANNABIS TESTING LABORATORY means a facility, entity, or site in the State that offers
or performs tests of Cannabis or Cannabis Products and is both of the following:
a. Accredited by an accrediting body that is independent from all other Persons

involved in the Cannabis Testing Laboratory.
b. Registered with the California Department of Public Health.
CANNABIS OPERATOR or OPERATOR means the Person or entity that is engaged in the
conduct of any commercial Cannabis use.
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COMMERCIAL CANNABIS CULTIVATION means any activity involving the planting,
growing, harvesting, drying, curing, grading, or trimming of Cannabis that is intended to be
transported, processed, distributed, dispensed, delivered, or sold in accordance with MAUCRSA
for use by Medical Cannabis patients in California pursuant to the Compassionate Use Act of 1996
(“Proposition 215”), found at Section 11362.5 of the Health and Safety Code or for adult use.
Commercial Cannabis Cultivation is allowed only within a fully enclosed, permanent and secure
structure, and outdoor commercial cannabis cultivation is prohibited in the City. Any cannabis
cultivation which does not strictly comply with the provisions for Personal Cannabis Cultivation
set forth in Article 18-9 of this Chapter shall be considered Commercial Cannabis Cultivation.
DELIVERY means the commercial transfer of cannabis or cannabis products from a

licensed or permitted dispensary to a customer. “Delivery” also includes the use by a licensed or
permitted dispensary of any technology platform owned or accessed via software license that
enables the consumer to arrange for or facilitate the commercial transfer of cannabis by a
licensed dispensary or retailer of cannabis or cannabis products.
FULLY ENCLOSED AND SECURE STRUCTURE means a space within a building, greenhouse
or other structure which has a complete roof enclosure supported by connecting walls extending
from the ground to the roof, which is secure against unauthorized entry, provides complete visual
screening, and which is accessible only through one or more lockable doors and inaccessible to
minors.
HYBRID GREENHOUSE means a permanent fully enclosed and secure structure for the
covered propagation and growing of plants, constructed with a translucent roof and solid walls,
which has been engineered with stamped plans to be provided to the City, and is a closed or
sealed design utilizing negative pressure for odor and environmental control.
MARIJUANA See “CANNABIS”.
MAUCRSA means the state Medicinal and Adult Use of Cannabis Regulation and Safety
Act, as may be amended.
PERMITTED PREMISES means the premises specified in an Application for a zoning

clearance or use permit, as applicable under this Article, which are owned or in possession of the
Cannabis Operator and within which the permittee is authorized to operate a Cannabis Business
in accordance with the provisions of this chapter.
PERSON means an individual, firm, partnership, joint venture, association, corporation,

limited liability company, estate, trust, business trust, receiver, syndicate, tribe, or any other
group or combination acting as a unit and includes the plural as well as the singular number.
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PERSONAL CANNABIS CULTIVATION means the growing of six plants or less for personal
consumption or use, and not for commercial sale, subject to the provisions of Article 18-9 of this
Chapter.
REVIEW AUTHORITY means the individual or official City body and others as identified in
the Code as having the responsibility and authority to review and approve or deny permit
Applications.
YOUTH-ORIENTED FACILITY shall mean a public or private school (K-12), licensed daycare
facilities, public parks, or a “youth center” as defined by state law as any public or private facility
that is primarily used to host recreational or social activities for minors, including, but not limited
to, private youth membership organizations or clubs, social service teenage club facilities, video
arcades, or similar amusement park facilities.
Section 4. Article 18-12, “Commercial Cannabis Uses,” of Chapter XVIII of the

Clearlake Municipal Code is hereby repealed and readopted as set forth in the attached Exhibit
A, which is incorporated herein by this reference.
Section 5. Section 5-25, Cannabis Business Regulatory Permit of Chapter V of the

Clearlake Municipal Code, and is hereby repealed and readopted as set forth in the attached
Exhibit B, which is incorporated herein by this reference.
Section 6. The City Council declares that, should any provision, section, subsection,
sentence, paragraph, clause, phrase, or word of this Ordinance, or the Code section hereby
adopted, be rendered or declared invalid by any final court action in a court of competent
jurisdiction, or by any reason of any preemptive legislation, the remaining provisions, sections,
subsections, sentences, paragraphs, clauses, phrases or words of this Ordinance and Code section
hereby adopted shall remain in full force and effect.
Section 6. The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. The City Clerk shall cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become effective 30 days from its
adoption.
I hereby certify that the foregoing Ordinance was PASSED, APPROVED and ADOPTED this
day of , 2019.
AYES:
NOES:
ABSENT OR NOT VOTING:
_______________________________
MAYOR
ATTEST:
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____________________________________
CITY CLERK
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Exhibit A – Ordinance
Ordinance No. 229
ARTICLE 18-12
COMMERCIAL CANNABIS USES
18-12.010 Purpose and findings.
This Article 18-12 provides the development and operating standards for medical and
adult use commercial cannabis uses to ensure neighborhood compatibility, minimize potential
environmental impacts, provide safe access to medicine, and provide opportunities for economic
development.
18-12.020 Applicability.
a. Commercial Cannabis Uses. For purposes of this Article 18-12, commercial cannabis uses
shall include the following land use classifications, all of which are further defined in
Section 18-6.1 (Definitions) of this Code:
1. Commercial Cannabis Cultivation

2. Cannabis Manufacturer
3. Cannabis Distributor
4. Cannabis Testing Laboratory
5. Cannabis Nursery
6. Cannabis Processor
7. Cannabis Microbusiness
Commercial cannabis uses are subject to the following provisions as set forth in this
Article, all other applicable provisions in the Zoning Code, and any applicable state licensing
requirements. It is unlawful for any Person to operate a commercial cannabis business in the City
without obtaining a use permit to operate. The City may suspend, revoke, or deny a zoning
clearance or permit upon denial or revocation of a state cannabis license.
b. Where allowed. The commercial cannabis uses that are subject to the standards of this
Article shall be located in compliance with the requirements of Article 18-3 of this Code,
the CB combining zone district, and the additional specific locational requirements for
each use as follows:
1. Commercial Cannabis Cultivation is allowed only in the CB zones when all

cultivation activities are conducted entirely inside a building utilizing no natural
light, or in a hybrid greenhouse east of State Route 53 in CB zones.
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2. Cannabis Manufacturer is allowed in all CB zones; however, a manufacturer shall
only use processes for extracting or processing cannabis products after
consultation, review and approval of the manufacturing process by the Lake
County Fire Protection District Chief or designee.
3. Cannabis Distributor is allowed in all CB zones.
4. Cannabis Testing Laboratory is allowed in all CB zones.
5. Cannabis Nursery utilizing a hybrid greenhouse is allowed in the CB zones east of

State Route 53 only. A Cannabis Nursery functioning completely indoors within a
building utilizing no natural light and not a hybrid greenhouse is allowed in all CB
zones, except the RP base zone west of State Route 53.
6. Cannabis Processor is allowed in all CB zones.
7. Cannabis Microbusiness is allowed, but is limited to the same locations where

cannabis dispensaries are allowed, and after approval of a development
agreement and use permit specific to the location of the microbusiness.
c. Cannabis Business Use Permit.
1. Prior to, or concurrently with, application for a Cannabis Business Regulatory

Permit, the Applicant shall process and be issued a Cannabis Business Use Permit as
required by this Article and Article 18-3 of this code. Information that may be duplicative
in the two applications can be incorporated by reference. The Cannabis Business Use
Permit shall run with the Regulatory Permit and not the land.
2. No Cannabis Business Use Permit shall be issued until either the City Council
approves a Development Agreement for the site, a license agreement for the site, or until
after the effective date of an approved ballot measure authorizing the taxation of
commercial cannabis businesses in the City.
d. Development standards. The standards for cannabis uses in this Article supplement and
are required in addition to those general building and development standards as required
by Code.
18-12.030 Limitations on Use.
Commercial cannabis businesses shall only be allowed in compliance with the following
sections and all applicable regulations set forth in the Code, including but not limited to, building,
grading, plumbing, septic, electrical, fire, hazardous materials, and public health and safety.
Cannabis Operators shall comply with all laws and regulations applicable to the type of use and
shall comply with all zoning clearance, use permit, approval, inspection, reporting and
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operational requirements required by other state and federal regulatory agencies having
jurisdiction over the type of operation. Cannabis Operators shall provide copies of other agency
and department permits, zoning clearances, or certificates to the Community Development
Director to serve as verification for such compliance. Use permits for commercial cannabis uses
shall only be issued where written permission from the property owner or landlord is provided.
18-12.040 Sensitive Use Setbacks.
a. A Cannabis Business premises permitted under this Article 18-12 shall not be located
within six hundred (600') feet of a youth-oriented facility, licensed pre-school, or post-
secondary educational facility. This setback shall be measured in a straight line from the
boundary line of the property on which the Cannabis Business is located nearest to the
boundary of the property on which the building or structure, or portion of the building or
structure, in which the above listed use occurs or is located; however, that if the State
adopts a different method of calculating distance for purposes of setbacks, state law shall
control. The City Council may waive all or part of this requirement if it determines that
the proximity does not constitute a risk to public health or safety as it relates to anything
other than a K-12 public or private school or a youth center.
b. When considering the compatibility of a cannabis business with the uses of adjacent
property, the planning commission shall condition the use permit with appropriate
setbacks and/or buffering techniques such as fencing, walls, berms or landscaping to
mitigate any potential conflicts between cannabis business uses and the use of adjacent
property.
18-12.050 Commercial Cannabis Permitting and Applications
a. Permit Required; Application. The owner of a proposed commercial cannabis facility shall
file an application for a use permit with the Community Development Department on a
form provided by the City. The maximum number of use permits to be issued by the City
shall be 12 in total, based on the date the City determines an application complete. Every
completed application shall be filed with a filing fee established by resolution of the City
Council.
b. The application shall include the name and address of the owner and lessor of the
prospective cannabis business premises and a copy of the lease or other such proof of the
legal right to occupy and use the premises and a statement from the owner or agent of
the owner of the real property where the facility will be located demonstrating the
landowner has acknowledged and consented to permit the cannabis business to operate
on the property, and all other information required by the Community Development
Department use permit application checklist.
c. Cannabis Business Regulatory Permit. No person or entity shall operate a Cannabis

Business facility within the City of Clearlake without first obtaining a Cannabis Business
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Regulatory Permit from the City. The Regulatory Permit shall be site specific and shall
specifically identify the Cannabis Business activities that will be allowed at that site. No
Cannabis Business activities will be allowed unless specifically identified in the Regulatory
Permit. In addition, all persons or entities who undertake any subcomponent of a
Cannabis Business performed by a subcontractor or tenant of the holder of a Cannabis
Business Use Permit within the Cannabis Business Permitted Premises shall first obtain a
Cannabis Business Regulatory Permit from the City.
18-12.060 General Operating Requirements.
The following general operating requirements are applicable to all Applications for
commercial cannabis business use permits subject to the additional requirements set forth in
subsections 18-12.07 (Cannabis Cultivation), 18-12.08 (Cannabis Manufacturing), 18-12.09
(Cannabis Distribution), and 18-12.10 (Cannabis Testing Laboratories, respectively.
a. Compliance with state and local law.
1. State licensing. All Cannabis Operators shall be required to obtain a state cannabis
license at such time as the State begins issuing such licenses pursuant to
MAUCRSA, and shall comply at all times with any applicable state licensing
requirements, including, but not limited to, operational standards such as, by way
of illustration but not limitation, background checks, prior felony convictions,
restrictions on multiple licenses and license types, and locational criteria. Failure
to apply for, receive, maintain, and operate in full compliance with a state
cannabis license, when available, shall be grounds for revocation of City approval
of commercial cannabis permits as set forth in this Chapter.
2. State law and agency compliance. Compliance with the provisions of the
MAUCRSA, as may be amended, as well as any and all rules and regulations for
commercial cannabis as may now be adopted or hereafter promulgated by any of
the State agencies and departments with oversight of cannabis activity and
licensing including, but not limited to, the Bureau of Cannabis Control, the
Department of Food and Agriculture, the Department of Public Health, the
Department of Pesticide Regulation, the State Water Resources Control Board,
and the Department of Tax and Fee Administration shall be considered conditions
of zoning clearance or permit approval for any commercial cannabis use in the
City.
3. Inventory and tracking. Cannabis Operators shall comply with any track and trace
program established by the State agencies and shall operate in a manner to
prevent diversion of cannabis.
b. Building and fire permits. All applicants must illustrate that their facilities are compliant
with all applicable local building and fire codes.
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c. Management and onsite community relations contacts. Each applicant for a commercial
cannabis business shall provide the Community Development Department, Fire
Department, and Police Department with full contact information for the Person or
Persons having management and/or supervision of the cannabis business as well as an
onsite community relations contact. Subsequently Cannabis Operators shall provide
prompt written notice to the Planning Department, Fire Department, and Police
Department of any changes to such contact information.
d. Transfer of ownership or control. A permittee shall not transfer ownership or control of
a cannabis business or transfer a use permit or zoning clearance for a cannabis business
to another Person unless and until the transferee obtains an amendment to the permit
or zoning clearance from the Community Development Director stating that the
transferee is now the permittee. Such an amendment is obtained through the issuance
of a zoning clearance that documents the transfer and commits the transferee to
compliance with each of the conditions of the original use permit or zoning clearance.
e. Security plan. Every cannabis business shall provide adequate security on the premises,
including lighting and alarms, to insure the safety of Persons and to protect the premises
from theft. As part of an Application for a cannabis use, each applicant shall prepare and
submit a security plan, which plans shall remain updated and secured on file in the
protective custody of the Building Department. The information provided for purposes
of this section shall be maintained by the Building Department as confidential
information, and shall not be disclosed as public records unless pursuant to subpoena
issued by a court of competent jurisdiction. Minimum security plan requirements include
the following:
1. Security cameras. Security surveillance cameras shall be installed to provide

coverage on a twenty-four (24) hour basis of all areas where Cannabis is
cultivated, weighed, manufactured, packaged, stored and dispensed in a manner
that provides clear and certain identification of individuals. Cameras shall remain
in active, operable condition and capable of operating under any lighting
condition. Security video must use standard industry format to support criminal
investigations and shall be maintained for ninety (90) days.
2. Alarm system. A professionally monitored robbery alarm system shall be installed

and maintained in good working condition. The alarm system shall be installed in
accordance with Article 5-13 of the Code and shall include sensors to detect entry
and exit from all secure areas and windows. Cannabis Operators shall keep the
name and contact information of the alarm system installation company as part
of the business’s onsite books and records.
3. Limited access areas. A cannabis business shall establish limited access areas
accessible only to authorized personnel and enforcement.
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4. Storage. All cannabis on the Permitted Premises shall be stored and secured in a
store room, safe, or vault in a manner that prevents diversion, theft, and loss.
5. Transportation. Each cannabis business shall provide as a part of its security plan
a description of its procedures for transportation delivery, and safely and securely
transporting Cannabis Products and currency in accordance with state law.
6. Locks. All points of ingress and egress to a cannabis business shall ensure the use
of commercial-grade, nonresidential door locks and window locks.
7. Emergency access. Security measures shall be designed to ensure emergency

access in compliance with fire safe standards.
f. Odor control. All cannabis businesses in the City shall be required to incorporate and
maintain adequate odor control measures incorporated and maintained such that the
odors of cannabis cannot be readily detected from outside of the structure in which the
Permitted Premises is located. The Cannabis Operator shall be solely responsible for
taking any and all appropriate measures to meet this standard and to install, operate and
maintain appropriate odor mitigation measures consistent with the manufacturer’s
specifications and requirements.
g. Lighting. Exterior lighting shall be provided for security purposes in a manner that shall
be sufficient to provide illumination and clear visibility to all outdoor areas, including all
points of ingress and egress, with minimal spillover on adjacent properties. The lighting
shall be stationary, directed away from adjacent properties and public rights of way, and
of an intensity compatible with the neighborhood, and in compliance with all illumination
standards adopted by the City on a City-wide basis.
h. Inspections. The Cannabis Business shall be open for inspection by any City law
enforcement officer or City code enforcement officer at any time the Cannabis Business
is operating, at any other time upon responding to a call for service related to the property
where the Cannabis Business is occurring, or otherwise upon reasonable notice.
Recordings made by security cameras at any Cannabis Business shall be made
immediately available to the Police Chief upon verbal request. No search warrant or
subpoena shall be needed to view the recorded materials.
i. Modifications to premises. A permittee shall not make physical change, alteration, or

modification of the Permitted Premises that materially or substantially alters the
Permitted Premises from the plans approved by the Review Authority without the
prior written approval of the Review Authority. Material changes include, but are not
limited to: an increase or decrease in the total square footage of the Permitted
Premises, or modifications made for the purpose of increasing power usage, or the
addition, sealing off, or relocation of a wall, common entryway, doorway, or other
means of public ingress and/or egress.
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j. Display of permit. Every commercial cannabis facility shall display at all times during
business hours the use permit or zoning clearance issued pursuant to the provisions of
this Article for such dispensary in a conspicuous place so that the same may be readily
seen by all Persons entering the facility.
k. Hours of Operation. Cannabis Businesses shall be allowed to operate per the

requirements of the underlying zone district or the use permit, whichever is the more
restrictive, and subject to the City's noise and nuisance ordinances.
i. Permit requirements for a cannabis microbusiness. A Cannabis Microbusiness shall be

subject to approval of a use permit by the Planning Commission.
j. Cannabis processing operations that are an ancillary and integral part of the operations
of a Cannabis Manufacturer or Cannabis Cultivator are not required to have an additional
18-12.070 Cultivation Operating Requirements
a. Applicability. In addition to the General Operating Requirements set forth in Section 18-
12.06, this section provides specific requirements for all Cannabis Cultivation in the City.
b. Permit requirements. In the CB combining district, all Cannabis Cultivation businesses

shall be subject to approval of a use permit by the Planning Commission.
c. All cultivation facilities must be secured from public access with metal security fencing
and drive and pedestrian gates with electronic key code or similar access controls
approved by the Chief of Police.
18-12.080 Manufacturing Operating Requirements
12.06, this section provides specific requirements for all Cannabis Manufacturers in the
City.
b. Permit requirements. In the CB combining district, all Cannabis Manufacturing businesses

shall be subject to approval of a use permit by the Planning Commission.
c. Operating requirements.
1. All Cannabis Manufacturers shall utilize only extraction processes that are
approved by the Lake County Fire Protection District Chief or designee and are
generally recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act
and/or (b) use solvents exclusively within a closed loop system that meets the
requirements under the Federal Food, Drug, and Cosmetic Act including use of
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specified solvents, prevention of off-gassing, and certification by a licensed
engineer.
2. All Cannabis Manufacturers shall receive and maintain approval from the Fire
Department for the closed-loop system, other equipment, the extraction
operation and the facility.
3. All Cannabis Manufacturers shall meet required fire, safety, and building code
requirements in one or more of the California Fire Code, National Fire Protection
Association standards, the International Building Code and the International Fire
Code. Cannabis Manufacturer facilities, all operations conducted therein, and all
equipment used must be in compliance with all applicable state and local laws,
including all building, electrical, and fire codes. Cannabis Manufactures shall
prepare hazardous materials handling and safety plans as required by state law
and departmental guidelines for review and approval by the Fire Chief of the Lake
County Fire Protection District or his or her designee, or if the proposed location
is under the jurisdiction of CalFire, review and approval by the appropriate CalFire
official in coordination with the Fire Chief of the Lake County Fire Protection
District.
4. All Cannabis Manufacturers shall possess a valid seller's permit issued by the
Department of Tax and Fee Administration.
5. A hazardous materials disclosure/inventory statement shall be provided and kept

current with the Fire Department. The Cannabis Manufacturer shall further
provide the Fire Department with a lock box for keys to gates and doors.
6. All processing and analytical testing devices used by the Cannabis Manufacturer
must be UL listed, or otherwise approved for the intended use by the City’s
Building Official or the Fire Department. Any processing devices using only non-
pressurized water are exempt from such approval.
7. A Cannabis Manufacturer that produces edible Cannabis Products must comply

with the provisions of all relevant state and local laws regarding the preparation,
distribution, and sale of food.
18-12.090 Distribution Operating Requirements
12.06, this section provides specific requirements for all Cannabis Distributors in the City.
b. Permit requirement. A use permit issued by the Planning Commission shall be required
to operate a Cannabis Distribution facility, and may only be issued for Cannabis
Distribution uses located in the CB Combining Zone Districts.
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c. Manifests. Cannabis Distributors shall maintain records of transactions and shipping
manifests at its distribution or transportation site and shall operate in full compliance
with state law.
18-12.100 Testing Laboratory Operating Requirements
12.06, this section provides specific requirements for all Cannabis Testing Laboratories in
the City.
b. Permit requirements. A use permit issued by the Planning Commission shall be required
to operate a Cannabis Testing Laboratory and may only be issued for a Cannabis Testing
Laboratory located in the CB Combining Zone Districts.
18-12.110 Violations: Enforcement.
a. Any person that violates any provision of this Article shall be guilty of a separate offense
for each and every day during any portion of which any such person commits, continues,
permits, or causes a violation thereof, and shall be penalized accordingly.
b. Any use or condition caused or permitted to exist in violation of any of the provisions of
this Article shall be and is hereby declared a public nuisance and may be summarily abated
by the City pursuant to the City of Clearlake Municipal Code. Such abatement shall not
include the eradication of marijuana plants without first obtaining an abatement warrant.
c.
c. The violation of any provision of this Article shall be, and is hereby declared to be, contrary
to the public interest and shall, at the discretion of the City, create a cause of action for
injunctive relief.
18-12.120 Severability.
The provisions of this Article are hereby declared to be severable. If any provision, clause,
word, sentence, or paragraph of this Article or of the Regulatory Permit issued to implement this
Article, or the application thereof to any person, establishment, or circumstances shall be held
invalid, such invalidity shall not affect the other provisions of this Article.
Exhibit B to Ordinance No. 229-2019
Section 5-25 CANNABIS BUSINESS REGULATORY PERMIT
5-25.010 Purpose and intent.
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Cannabis Business facilities shall be permitted, in accordance with the criteria and
procedures set forth in this code, upon application and approval of a regulatory permit pertaining
to the operation of the facility. Prior to obtaining a regulatory permit under this chapter, all
applicants must obtain and maintain a Cannabis Business use permit pertaining to the location
of the facility, or show proof of a business relationship as a tenant or subcontractor of an entity
holding a Cannabis Business use permit, which has been validly issued by the city per the code.
5-25.020 Cannabis Business facilities.

Cannabis Business facilities permitted under this chapter include facilities where cannabis
is cultivated, manufactured into cannabis products, tested, and distributed, and the associated
activities of planting, growing, harvesting, trimming and grading, and transporting cannabis,
subject to the provisions of the Control, Regulate and Tax Adult Use of Marijuana Act
(“Proposition 64” or “AUMA”), adopted by California voters at the November 2016 statewide
general election, and Senate Bill 94, the Medicinal and Adult Use of Cannabis Regulation and
Safety Act (“MAUCRSA” or the “Act”), which created a unified regulatory structure for adult use
and medical cannabis, including regulation of non-storefront cannabis retailers, and all other
State laws and regulations pertaining to cultivating, manufacturing, testing, operation of a
microbusiness, and distributing, of cannabis and cannabis products.
5-25.030 Regulatory permit required.
a. Prior to initiating operations and as a continuing requisite to operating a Cannabis

Business facility, the legal representative of the persons wishing to operate a Cannabis
Business facility shall first obtain a regulatory permit from the City Manager or designee
under the terms and conditions set forth in this chapter. The legal representative shall file
an application with the City Manager or designee upon a form provided by the city and
shall pay an application fee as established by resolution adopted by the city council as
amended from time to time.
b. The initial regulatory permit application period for Cannabis Business facilities will not
begin until either the city council approves a development agreement for the site, an
operations agreement for a site, or until after the effective date of an approved ballot
measure authorizing the taxation of commercial cannabis cultivation, Business,
distribution, testing, or transportation facilities in the city.
5-25.040 Cannabis Business Regulatory Permit Application and Responsible Party

Designation.
a. Application. Applications for Regulatory Permits shall be filed by the proposed Business
Owner(s) with the City Manager or designee and include the information set forth herein.
The City Manager or designee may request such information he or she deems necessary
to determine who the applicant is. The applicant shall certify under penalty of perjury that
all of the information contained in the application is true and correct. The application shall
contain the following items for the Business Owner, Operator and all Responsible Parties
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known at the time (if different than the Business Owner), and any other party designated
below, to the extent the same shall apply:
1. The full name, present address, and telephone number, including such
information to the Premises Owner.
2. Date of birth.
3. Tax identification number.
4. The address to which notices relating to the application is to be mailed.
5. Previous addresses for the five (5) years immediately preceding the present.
6. The height, weight, color of eyes and hair.
7. Photographs for identification purposes (photographs shall be taken by the Police

Department or provide 2 passport quality photos).
8. All business, occupation, or employment for the five (5) years immediately
preceding the date of submittal of the application form.
9. The Cannabis Operation business history, including whether the Business Owner
and Responsible Parties while previously operating in this or another city, county
or state has had a cannabis related license revoked or suspended, the reason
therefore, and the business or activity or occupation subsequent to such action of
suspension or revocation.
10. Complete property ownership and lease details, where applicable. If the Business
Owner is not the Premises Owner, the application form must be accompanied with
a notarized acknowledgment from the Premises Owner that Cannabis Operations
will occur on its property.
11. A descriptive business plan for the Cannabis Operation, including a detailed list of
all Cannabis Business operations and activities proposed to occur on the Premises.
12. A diagram and floor plan of the entire Premises, denoting all the use of areas
proposed for Cannabis Operations, including, but necessarily limited to,
cultivation, processing, testing, transportation, deliveries, and storage. The
diagram and floor plan need not be prepared by a licensed professional, but must
be drawn to a designated scale or drawn with marked dimensions of the interior
of the Premises to an accuracy of plus or minus six (6) inches.
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13. The name or names of the Operator. The Operator shall designate one or more
Responsible Parties, one of which shall at all times be available as a point of
contact for the City, 24 hours per day. The contact information and schedule of
the Operator and Responsible Parties shall be provided to the City Manager or
designee and updated within twenty-four (24) hours of any changes.
14. The proposed security arrangements for insuring the safety of persons and to
protect the Premises from theft.
15. An accurate straight-line drawing prepared within thirty (30) days prior to the
application depicting the building and the portion thereof to be occupied by the
Cannabis Operation and the property line of any school as set forth in the
Operational Requirements.
16. Authorization for the City, its agents and employees to seek verification of the
information submitted.
b. Improper or Incomplete Application. If the applicant has completed the application

improperly, or if the application is incomplete, the City Manager or designee shall, within
thirty (30) days of receipt of the original application, notify the applicant of such fact.
c. Changes in Information. Except as may otherwise be provided, the information provided

in this subsection shall be updated to the City Manager or designee upon any change
within ten (10) days.
d. Other Permits or Licenses. The fact that an applicant possesses other types of State or
City permits or licenses does not exempt the applicant from the requirement of obtaining
a Regulatory Permit.
e. Term of Permits and Renewals. Regulatory Permits issued under this Chapter shall expire
one (1) year following the date of issuance. Applications for renewal shall be made at least
forty-five (45) days prior to the expiration date of the permit and shall be accompanied
by the nonrefundable fee referenced in subsection 5-25.030 a
f. When made less than forty-five (45) days before the expiration date, the expiration of the
permit will not be stayed. Applications for renewal shall be acted on similar to applications
for permits except that the City Manager or designee shall renew annual permits for
additional one-year periods if the circumstances and information provided with the initial
application have not materially changed.
g. Grounds for Denial of Regulatory Permit. The grounds for denial of a Regulatory Permit
shall be one or more of the following:
1. The business or conduct of the business at a particular location is prohibited by

any local or State law, statute, rule or regulation.
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2. The Business Owner or Operator has been issued a local or state permit related to
Cannabis Operations in any other location in California, or another state, and that
permit was suspended or revoked, or the Business Owner or Operator has had
disciplinary action relating to the permit.
3. The Business Owner or Operator has knowingly made a false statement of

material fact or has knowingly omitted to state a material fact in the application.
4. Consistent with the Act or other applicable State law, the Business Owner or
Operator, or any Responsible Person, has been:
(a) Convicted of a serious or violent offense as listed under California Penal

Code sections 667.5 and 1192.7(c); or
(b) Convicted of any of the offenses listed in Business and Professions Code
section 19323; or
(c) Convicted of a misdemeanor involving moral turpitude as defined under

State law (generally crimes relating to theft and dishonesty) within the five
(5) years preceding the date of the application; or
(d) Convicted of a felony involving the illegal use, possession, transportation,

distribution or similar activities related to controlled substances, as
defined in the Federal Controlled Substances Act, unless the individual has
received a Certificate of Rehabilitation as defined in the Act; or
(e) Has engaged in misconduct related to the qualifications, functions and

duties of a permittee, such as lying on an application, falsifying legal
documents, or anything that would otherwise ban the permittee from
obtaining a State license under the Act.
(f) A conviction within the meaning of this subsection means a plea or verdict
of guilty or a conviction following a plea of nolo contendere.
5. Consistent with the Act or other applicable State law, the Business Owner or
Operator has engaged in unlawful, fraudulent, unfair, or deceptive business acts
or practices.
6. The Business Owner or Operator is under twenty-one (21) years of age, or any
older other age set by the State.
7. The Cannabis Operation does not comply with the zoning ordinance standards of
the City of Clearlake.
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8. The required annual business license fee, annual regulatory fee or other applicable
revenue raising fee has not been paid.
9. The City shall deny an application that fails to meet the requirements as set forth in
this ordinance, or for any reason set forth in Section 26057 of the California Business
and Professions Code.
h. Notice of Decision and Final Action. Action on the Regulatory Permit shall be as follows:
1. The City Manager or designee shall cause a written notice of his or her
recommendation on the issuance or denial of a Regulatory Permit, and the date
and time when the Planning Commission will consider action on the Regulatory
Permit, to be personally delivered or mailed to the applicant by certified U.S. mail,
postage prepaid.
2. Following a public hearing before the Planning Commission, the Commission may
grant the Regulatory Permit subject to such conditions as it deems reasonable
under the circumstances to protect the public health, safety, and welfare of the
community, or it may deny the issuance of the Regulatory Permit for any of the
grounds specified in this section. The decision of the Commission may be appealed
to the City Council following the procedures set forth in section 18-1.4.410 of the
Municipal Code.
i. Suspension and Revocation of Regulatory Permit.
1. Regulatory Permit. The City Council may suspend or revoke the Regulatory Permit
of a Commercial Cannabis Operation when any of the following occur:
(a) The Cannabis Operation is conducted in violation of any provision of this

section, the Act, or any other applicable State law.
(b) The Cannabis Operation is conducted in such a manner as to create a public

or private nuisance.
(c) A failure to pay the Regulatory Fee required by this section.
(d) A failure to take reasonable measures to control patron conduct, where

applicable, resulting in disturbances, vandalism, or crowd control
problems occurring inside or outside the Premises, traffic control
problems, or obstruction of the operation of another business.
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(e) A failure to comply with the terms and conditions of the Regulatory Permit
or any Cannabis Business special use permit issued in connection
therewith.
(f) Any act which would be considered grounds for denial of the Regulatory
Permit in the first instance.
2. Procedures for Revoking Regulatory Permits. The procedures for the revocation of
a Cannabis Business Regulatory Permit shall be the procedures for revoking
Cannabis Dispensary permits as set forth in Section 5-24.16 of this Municipal Code.
3. Immediate Suspension. The City Manager or designee may immediately suspend

or revoke a Regulatory Permit without notice or a hearing, subject to the appeal
rights set forth herein, under either of the following circumstances:
(a) The Business Owner or Operator is convicted of a public offense in any

court for the violation of any law which relates to the Cannabis Operation.
(b) The City Manager or designee determines that immediate suspension is

necessary to protect the public health, safety, and welfare of the
community. The City Manager or designee shall articulate the grounds for
the immediate suspension in writing and the suspension shall only be for
as long as necessary to address the circumstances which led to the
immediate suspension.
j. Effect of Denial or Revocation. When the City Council shall have denied a Regulatory
Permit, or revoked a Regulatory Permit, no new application for a Regulatory Permit shall
be accepted and no Regulatory Permit shall be issued to such person or to any corporation
in which he or she shall have any beneficial interest for a period of one (1) year after the
action denying or revoking the Regulatory Permit.
k. Abandonment. In addition to the suspension or revocation of a Regulatory Permit, a

Regulatory Permit shall be deemed abandoned if Cannabis Operations cease for a period
of more than ninety (90) consecutive days. Before restarting operations, a new Regulatory
Permit shall be secured. The 90 day period shall be tolled during periods of force majeure,
which shall be defined as follows: war; insurrection; strikes; lock outs; riots; floods;
earthquakes; fires; casualties; supernatural causes; acts of the "public enemy"; epidemics;
quarantine restrictions; freight embargoes; lack of transportation; unusually severe
weather; inability to secure necessary labor; materials or tools; delays of any contractor,
subcontractor or supplier; or any other causes beyond the reasonable control of the
permittee.
5-25.050 Limitations on City's Liability.
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To the fullest extent permitted by law, the city shall not assume any liability whatsoever,
with respect to approving any regulatory permit pursuant to this chapter or the operation of any
Cannabis Business facility approved pursuant to this chapter. As a condition of approval of a
regulatory permit as provided in this chapter, the applicant or its legal representative shall:
a. Execute an agreement indemnifying the city from any claims, damages, etc., associated
with the operation of the Cannabis Business facility;
b. Maintain insurance in the amounts and of the types that are acceptable to the City
Manager or designee;
c. Name the city as an additionally insured on all city required insurance policies as set forth
in the City’s standards for insurance coverage;
d. Agree to defend, at its sole expense, any action against the city, its agents, officers, and
employees related to the approval of a regulatory permit; and
e. Agree to reimburse the city for any court costs and attorney fees that the city may be
required to pay as a result of any legal challenge related to the city's approval of a
regulatory permit. The city may, at its sole discretion, participate at its own expense in
the defense of any such action, but such participation shall not relieve the operator of its
obligation hereunder.
5-25.060 Additional Terms and Conditions.

Based on the information set forth in the application, the City Manager or designee may impose
reasonable terms and conditions on the proposed operations of the Cannabis Business facility in
addition to those specified in this chapter.
5-25.070 Hours.
All Cannabis Business shall be allowed to operate per the requirements of the underlying zone
district or the use permit, whichever is the most restrictive, and subject to the City's noise and
nuisance ordinances.
5-25.080 Cannabis Secured.

All cannabis and cannabis products shall be kept in a secured manner during business and non-
business hours.
5-25.090 Consumable Cannabis Products.

Cannabis Operations that manufacture products in the form of food or other comestibles
shall obtain and maintain the appropriate approvals from the State Department of Public Health
for the provision of food or other comestibles, unless otherwise governed by the Act and licensed
by the State.
5-25.100 Taxes to be paid.
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All Cannabis Business facilities must pay any applicable sales tax or other tax imposed
pursuant to federal, state, and local law.
5-25.110 - Point of sale system.

Cannabis Business facilities shall have an electronic point of sale system that produces
historical transactional data for review by the City Manager or designee for auditing purposes.
5-25.120 - Odor control.

Cannabis Business facilities shall provide a sufficient odor absorbing ventilation and
exhaust system so that odor generated inside the Cannabis Business facility that is distinctive to
its operation is not detected outside the Cannabis Business facility, anywhere on adjacent
property or public rights-of-way, on or about any exterior or interior common area walkways,
hallways, breezeways, foyers, lobby areas, or any other areas available for common use by
tenants or the visiting public, or within any other unit located within the same building as the
Cannabis Business facility. As such, Cannabis Business facilities must install and maintain the
following equipment or any other equipment which the City Manager or designee determines
has the same or better effectiveness:
a. An exhaust air filtration system with odor control that prevents internal odors from being
emitted externally; or
b. An air system that creates negative air pressure between the Cannabis Business facility's
interior and exterior so that the odors generated inside the Cannabis Business facility are
not detectable outside the Cannabis Business facility.
5-25.130 Records.
a. All Cannabis Business facilities shall perform an inventory on the first business day
of each month and shall record the total quantity of each form of cannabis on the
premises. These records shall be maintained for two years from the date created
and shall be made available to the City Manager or designee upon request.
b. Register of Employees. The Operator shall maintain a current register of the

names of persons required to have Employee Permits. The register shall be
available to the City Manager or designee at all times immediately upon request.
5-25.140 Community relations contact.

Each Cannabis Business facility shall provide the City Manager or designee with the name,
phone number, facsimile number, and email address of an on-site community relations or staff
person or other representative to whom the city can provide notice if there are operating
problems associated with the Cannabis Business facility or refer members of the public who may
have any concerns or complaints regarding the operation of the Cannabis Business facility. Each
Cannabis Business facility shall also provide the above information to its neighbors located within
one hundred (100) feet of the Cannabis Business facility as measured in a straight line without
regard to intervening structures, between the front doors of each establishment.
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5-25.150 Compliance.
All Cannabis Business facilities and their related collectives or cooperatives shall fully
comply with all the provisions of the Compassionate Use Act of 1996, the Medical Marijuana
Program Act, the 2008 Attorney General Guidelines, the Medicinal and Adult Use of Cannabis
Regulation and Safety Act (“MAUCRSA”), all applicable provisions of this code, and any specific,
additional operating procedures and measures as may be imposed as conditions of approval of
the regulatory permit.
5-25.160 Inspections and enforcement.
a. Recordings made by security cameras at any Cannabis Business facility shall be made
immediately available to the police chief upon verbal request; no search warrant or
subpoena shall be needed to view the recorded materials.
b. Subject to provisions of the regulatory permit regarding the use and handling of
Confidential Information below, the Permittee shall provide IP access for remote
monitoring of security cameras by the Clearlake Police Department or Department
designee.
c. The City Manager or designee shall have the right to enter all Cannabis Business facilities
from time to time unannounced for the purpose of making reasonable inspections to
observe and enforce compliance with this chapter.
d. Operation of the Cannabis Business facility in non-compliance with any conditions of

approval or the provisions of this chapter shall constitute a violation of the municipal code
and shall be enforced pursuant to the provisions of this code.
e. The City Manager or designee may summarily suspend or revoke a Cannabis Business
regulatory permit if any of the following, singularly or in combination, occur:
1. The City Manager or designee determines that the Cannabis Business facility has
failed to comply with this chapter or any condition of approval or a circumstance
or situation has been created that would have permitted the City Manager or
designee to deny the permit under subsection 5-25.040 h.3;
2. Operations cease for more than ninety (90) calendar days, including during change
of ownership proceedings;
3. Ownership is changed without securing a regulatory permit;
4. The Cannabis Business facility fails to maintain two hundred forty (240)
continuous hours of security recordings; or
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5. The Cannabis Business facility fails to allow inspection of the security recordings,
the activity logs, or the premises by authorized city officials.
5-25.170 Confidentiality Statement.

The City, Police Chief, Police Department employees, and any other law enforcement
official acting under the direction of the Police Chief who access the Premises and video and/or
audio feeds or recordings of the Premises ("Recipients") may receive or be provided with
confidential information relating to the Cannabis Operations, which may include the following:
data, records, plans, and matters relating to customers, vendors, tenants, agreements, and
business records (collectively "Confidential Information").
To the extent Confidential Information is acquired without a warrant from access to the
Premises and video and/or audio feeds or recordings as authorized under this section, the
Recipients shall, to the maximum extent possible, keep such Confidential Information
confidential and not disclose the Confidential Information to any third parties. Provided,
however, that the Recipients may disclose Confidential Information to the State or Federal courts
in California in connection with any criminal law enforcement action against the Business Owner
or Operator, (including its employees, contractors and agents conducting business within the
Premises) arising from or related to the Cannabis Operations, but only to the extent it is necessary
and relevant to such criminal prosecution, and the Recipients shall file any such documents under
seal to the extent they contain any Confidential Information.
Notwithstanding the foregoing, the City may disclose Confidential Information:
a. As may be required by the California Public Records Act or pursuant to a civil subpoena,
provided however, the City shall notify the Operator and provide the Operator with a
reasonable opportunity to obtain a protective order before disclosing the Confidential
Information.
b. In connection with any City enforcement proceeding relating to compliance with City's
Municipal Code and this section, but only to the extent the Confidential Information is
relevant to the proceeding.
5-25.180 Permits not transferable.

Regulatory permits issued pursuant to this chapter are not transferable.
5-25.190 Violations.
a. Any violation of any of the provisions of this chapter is unlawful and a public nuisance.
db. A separate offense occurs for each day any violation of this chapter is continued and/or
maintained.
c. The remedies provided herein are not to be construed as exclusive remedies, and in the
event of violation, the city may pursue any proceedings or remedies otherwise provided
by law.
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5-25.200 Definitions.
"Act" means the Medicinal and Adult Use of Cannabis Regulation and Safety Act.
"AUMA" means the Adult Use of Marijuana Act, approved by California voters in November 2016,
with the express purpose to establish a comprehensive system to legalize, control and regulate
the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana,
including marijuana products. Adults, age 21 and older, will be allowed to possess marijuana and
grow certain amounts at home for personal use.
"Applicant" means a person who is required to file an application for a permit under this Article.
"Business Owner" means the owner(s) of the Cannabis Business Operation. For corporations and
limited liability companies, Business Owner means the President, Vice President, and any
shareholder owning a 10% or greater share of the corporation or company. For partnerships,
Business Owner means all general partners and managing partners.
"Cannabis" or "Marijuana" shall have the meaning set forth in California Business and Professions
Code section 19300(f). Cannabis and marijuana may be used interchangeably, but shall have the
same meaning.
"City" means the City of Clearlake.

"Cannabis Business Facility" or "Cannabis Operation(s)" means a Cannabis Business facility where
cannabis is planted, grown, harvested, dried, cured, graded, trimmed, manufactured into
cannabis products, tested, distributed, transported, or a microbusiness as defined by state
regulations.
"Cannabis Business Regulatory Permit" or "Regulatory Permit" means the permit required under
Article 18-12 and Chapter 5-25 of this code to operate a Cannabis Business facility, or to
undertake any subcomponent of Cannabis Business which is done within the Cannabis Business
facility by a subcontractor or tenant of the holder of a Cannabis Business Special Use Permit.
"Operator" means the Business Owner and any other person designated by the Business Owner
as responsible for the day to day Cannabis Operations.
"Police Chief" means the Police Chief of the City of Clearlake or his or her designee.
"Premises" or "Site" means the actual building(s), and/or designated units/suites, as well as any
accessory structures, parking areas, or other immediate surroundings, and includes the entire
parcel of property used by the Business Owner is connection with the Cannabis Operations.
"Premises Owner" means the fee owner(s) of the Premises where Cannabis Operations are
occurring.
"Responsible Party" shall mean the Business Owner, Operator, manager(s), and any employee
having significant control over the Cannabis Operations.
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STAFF REPORT
CLEARLAKE PLANNING COMMISSION
For the Meeting of April 2, 2019
Agenda Item No.
To: City of Clearlake Planning Commission

From: Alan Flora, City Manager
Prepared by: Gary Price, Contract Planner
Application File: Zoning Ordinance Amendment ZOA 2019-01
Subject: 1. Amendments to Municipal Code, Police Regulations, for Marijuana
Dispensary Regulations, to add provisions for Microbusinesses and
processing of cannabis.
2. Amendments to, Municipal Code, Zoning Regulations, Commercial
Cannabis Uses, to add provisions to address cannabis manufacturing and
processing.
I. Recommendation:
1. Determine that the project is exempt from environmental review in accordance with
CEQA.
2. Approve draft resolution recommending approval to the City Council of various
amendments to the Municipal Code, Police Regulations, for Marijuana Dispensary
Regulations and various amendments to the Municipal Code, Zoning Regulations,
Commercial Cannabis including provisions to address cannabis manufacturing and
processing (refer to Attachment A).
II. Background: The Cannabis Ad-Hoc Committee met on February 28, 2019, to review changes
to the City’s cannabis regulations. The proposed changes are related to allowance of cannabis
“microbusinesses”, as defined in state law, and changes to City code to be consistent with Lake
County Fire Protection District regulations surrounding cannabis manufacturing processes.
Manufacturing Processes: The current municipal code limits cannabis manufacturing process to
non-volatile systems. Recently the Lake County Fire Protection District adopted amendments to
their regulations which allow both volatile and non-volatile systems, with certain restrictions.
The regulations have been reviewed by staff and with the Cannabis Ad Hoc Committee and the
Committee recommends revising City code to defer to Fire District regulations on manufacturing
system types.
31
Microbusinesses: The City’s Code does not currently address cannabis microbusinesses. The
Committee recommended that cannabis micro businesses be allowed in the same zoning district
as cannabis dispensaries and that they be limited to three and treated the same as a dispensary;
that any new ones must be subject to a use permit and development agreement. Since the City
currently is restricted to three dispensaries, and the City already has three dispensaries in
operation, a new cannabis micro-business would only be allowed in the event, 1) an existing
dispensary chooses to expand their operation at their current location to a microbusiness, 2) an
existing dispensary ceases operation, leaving an opportunity for a new dispensary (that may or
may not include a micro-business operation), or 3) an existing dispensary chooses to relocate to
a different location within the restricted Zoning area. In all these instances, a use permit and
development agreement would be required. Attachment B shows the locations of where retail
dispensaries are currently allowed within the City. In accordance with Section 18-1.4.460 (d) of
the Zoning Code, the Planning Commission is requested to recommend amending the Zoning
Code to allow cannabis micro businesses, by adoption of a resolution. Refer to Attachment A,,
Resolution and Ordinance Amendments. Also, refer to Attachment C, Excerpts from the Zoning
Code regarding Zoning Amendments.
A. What is a Cannabis Micro-Business?

According to State Code, a cannabis micro-business typically acts as a retailer, distributor, non-
volatile manufacturer and cultivator in one location. Microbusinesses must engage in at least
three of the activities (distribution, manufacturing, cultivation), and if they take on cultivation,
they must be located on a site smaller than 10,000 square feet These businesses can also provide
for consumption of cannabis on the site.
B. What changes are being proposed to the Municipal Code?

Staff coordinated development of amendments to the City’s Municipal Code addressing micro-
businesses, including amendments to Attachment A, the proposed draft Resolution of Planning
Commission recommending the amendments to the Municipal Code, Police and Zoning
Regulations include the detailed ordinance for the regulatory changes.
Changes to Accommodate Cannabis Micro-Businesses: As referenced in the ordinance

(Attachment A):
• Section 18-12.20, Applicability, includes defining Micro-Businesses, and determines

locations where they may be permitted and how they can be permitted.
• Section 18-12.060, General Operating Requirements, new subsection i, indicates that
Micro-Businesses are subject to a discretionary use permit from the Planning
Commission.
• Section 5-25.200, Definitions, adding microbusinesses.
Other Proposed Ordinance Changes: In addition, some other changes are recommended to the
Code as follows:
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• Section 18-3.903, Signs, allows signage for microbusinesses, similar to dispensary
businesses. Signs will still be prohibited for other commercial cannabis businesses.
• Section 18-12.20, Applicability, various amendments to provide the Lake County Fire
Protection District to determine allowances for volatile and non-volatile manufacturing.
• Section 18-12.060, General Operating Requirements, new subsection j, confirming that
cannabis processing operations are an ancillary and integral part of the operations of a
Cannabis Manufacturer or Cannabis Cultivator are not required to have an additional
• Several sections were deleted in the violations section because they are already in the
City code.
II. General Plan Consistency: The project would generate new business opportunities in the City
and therefore would be consistent with a number of goals, objectives and policies in the General
Plan. Specifically, Chapter 10, Economic Development Element, provides for several objectives
for creating a diverse economic base, and increased employment opportunities. Therefore, the
project appears to be consistent with the General Plan
III. Environmental Determination: The project is exempt from the California Environmental
Quality Act (CEQA) Guidelines in accordance with Section 15061 (b) (3), of the CEQA Guidelines,
regarding the General Rule; with certainty, the project would have no significant effect on the
environment. The changes proposed, primarily consist of regulatory changes to comply with
State Laws. All regulatory changes will not result in any effect on the environment.
IV. Action Alternatives: The Planning Commission should open and close the public hearing
for both items that have been noticed, including amending the Police Regulation and the Zoning
Regulations, consider the applicant’s, staff’s and public comments and then either approve (by
adoption of the attached resolution) or continue with direction to staff regarding more
information or further changes needed. Staff recommends that the Planning Commission concurs
that the project as exempt from environmental review in accordance with Section 15061 (b) (3)
of the California Environmental Quality Act (CEQA) Guidelines and adopt the attached resolution
recommending approval of the proposed amendments to the Zoning Code
Attachments:
Attachment A-Resolution of Approval of the Code Amendments

B-Map of current cannabis Business District for Retail Dispensaries and where
Microbusinesses would be allowed within Clearlake if Project is adopted.
C-Excerpts from the Zoning Code regarding amendments to the Code.
33
CITY OF CLEARLAKE
Agenda Item No. 11
Subject: Zoning Interpretations on Commercial Cannabis April 16, 2019

And Commercial Cannabis Amendments
to the Zoning Code;
From: Alan Flora, City Manager
Prepared
by: Gary W. Price, Contract Planner

As you are aware, the City is in the process of updating the Zoning Code. This includes
comprehensive changes to the City’s Zoning Map to coincide with the recently updated 2040
General Plan Land Use Map. The current regulations, the Zoning Code and Map articulate areas
within the City based on specific boundaries within the CB (Commercial Cannabis Combining
District) all subject to use permits, as follows:
The use of “Combining Districts” is applied to properties in combination with the base zone
district, such as R-1, Low Density Residential, to address special needs or characteristics of the
area, such as in this case, allowing for commercial cannabis operations.
In looking more carefully at the 2040 General Plan and the need to develop more consistent
Cannabis Business Combining District boundaries, the Cannabis Ad-Hoc Committee and the
Planning Commission looked both at the need for these uses and where they would be best
suited in the City (refer to Map G, 2040 General Plan Land Use Map).
The new Zoning Map, which is anticipated to be adopted with new zoning code later this year,
would apply to future applications only. At this time the City has approved all use permits that
are allowed per the Municipal Code. The changes discussed in this staff report would apply only
to new applications if a slot became available due to changes with current permittees.
The City current regulations limit commercial cannabis operations to the following:
• Maximum of three (3) Retail Dispensaries.

• Maximum of two (2) Delivery Only Dispensaries.
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• Maximum of twelve (12) Commercial Cannabis Operations (Cultivation, Distribution,
Manufacturing, Nurseries, Processing, Testing Labs).
Maximum capacity has been reached for these operations as follows:
I. Retail Dispensaries - Maximum 3 (delivery allowed):
1. Lakeside Herbal – 4245 Mullen Ave,

Owner: Chris Jennings
2. D & M Compassion- 14494 Olympic Dr.
Owner: Jason Jones
3. Triple C collective – 14196 Lakeshore Dr.
Owner: Quincy Jackson
II. Delivery Only Dispensaries – (Maximum 2 all with Cannabis Operating Permits and
Development Agreements):
1. Owner: Eric Sklar, Clearlake Growth Fund No. 1, Use Permit UP 04-13 at 2395 Ogulin
Canyon Road, approved by Planning Commission on March 6, 2018. Status: In operation.
2. Owner: Bob “Roy” Harris, Gold Country Growers Clearlake, Use Permit UP 11-18 at
14935 Olympic Drive, approved by the Planning Commission on June 19, 2019. Not
operational. Use Permit expires June 19, 2019.
III. Commercial Cannabis – (Maximum 12 all with Cannabis Operating Permits and
Development Agreements):
1. Owner: Eric Sklar, Clearlake Growth Fund No. 1, Use Permit UP 03-18, for distribution at
2395 Ogulin Canyon Road, approved by Planning Commission on March 6, 2018. Status:
In operation with temporary occupancy approved.
2. Owner: Eric Sklar, Growth Fund II, Inc., Use Permit UP 04-18 for manufacturing at
2395 Ogulin Canyon Road, approved by Planning Commission on March 6, 2018. Status:
In operation with temporary occupancy approved.
3. Owner: Bob “Roy” Harris, Gold Country Growers Clearlake, Use Permit UP 10-18, for
distribution at 14935 Olympic Drive, approved by the Planning Commission on June 19,
2018. Status: Not operational. Use permit expires June 19, 2019.
4. Owner: Bob “Roy” Harris, Clearlake Hydrogarden, and Use Permit UP 11-18, for a
nursery at 2395 Ogulin Canyon Road - approved by the Planning Commission on June
19, 2019. Status: Not operational. Use permit expires June 19, 2019.
5. Owner: Bob “Roy” Harris, Gold Country Growers Clearlake, Use Permit UP 10-18, for
2
distribution at 14935 Olympic Drive, approved by the Planning Commission on June 19,
2018. Status: Not operational. Use permit expires June 19, 2019.
6. Owner: Chris Jennings, Use Permit UP 06-18, for cultivation at 16520 Dam Road,
approved by the Planning Commission on June 26, 2018. Status: Use permit expires June
26, 2019. Applicant is in the process of preparing plans for development.
7. Owner: Chris Jennings, Use Permit UP 07-18, for manufacturing at 16520 Dam Road,
approved by the Planning Commission on June 26, 2018. Status: Use permit expires June
26, 2019. Applicant is in the process of preparing plans for development.
8. Owner: Chris Jennings, Use Permit UP 07-18, for distribution at 16520 Dam Road,
approved by the Planning Commission on June 26, 2019. Status: Use permit expires
June 26, 2019. Applicant is in the process of preparing plans for development.
9. Owner: Justin Jones, Use Permit UP 13-18, for cultivation at 14935 Olympic Drive,
approved by the Planning Commission on November 20, 2018. Status: Not operational.
Use permit expires November 20, 2019.
10. Owner: Steven Malone, Use Permit UP 16-18, for cultivation at 14935 Olympic Drive,
approved by the Planning Commission on November 20, 2018. Status: Not operational.
Use permit expires November 20, 2019.
11. Owner: Brian Galperin, Use Permit UP 17-18, for manufacturing at 14915 Olympic Drive,
approved by the Planning Commission on December 11, 2018. . Status: Not operational.
Use permit expires December 11, 2019.
12. Owner: Erin McCarrick, Use Permit UP 18-18, for distribution at 2395 Ogulin Canyon
Road, approved by Planning Commission on January 22, 2019. Status: Not operational.
Use permit expires January 22, 2020.
Letters to property owners of Olympic Plaza, 14915 and 14935 Olympic Drive (Howard Levine)
and of Clearlake Plaza – La Rosa Center (Michael Newdow) were sent by the City on March 14,
2019, requesting them to facilitate necessary improvements to their associated properties to
allow occupancy of the various approved cannabis operations (refer to Attachment K). Staff
continues working with the applicants and owners to facilitate occupancies.
1. Zoning Interpretations: The Cannabis Ad-Hoc Committee (on August 15, 2018) and the
Planning Commission (on October 2, 2018) concurred with two Zoning Interpretations (to be
incorporated into the City’s Zoning Interpretations and Procedures Manual). The Commission
added Churches to the definition of Youth Center to Interpretation No. 19. This was supplemental
to the addition of Colleges to the definition of Youth Center made by the Ad-Hoc Committee.
Staff requests City Council concurrence as follows:
3
A. Interpretation No. 18, Expanded Public Noticing for Commercial Cannabis
(refer to Attachment A)
B Interpretation No. 19, Policy for Defining Youth Facilities Near Commercial Cannabis
Operations (refer to Attachment B).
2. Mapping Amendments: The Committee has offered the following recommendations to

the Council
1. Attachment A Committee recommendation to revise CB Boundaries for Commercial

Cannabis Operations (Cultivation, Distribution, Manufacturing, Nurseries, Processing,
Testing Labs) to 557.97 acres.
2. Attachment B Committee recommendation to revise CB Boundaries for Retail

Dispensaries to 45.82 acres.
3. Attachment C Committee recommendation to revise CB Boundaries for Delivery Only

Dispensaries to 258.18 acres. Note that retail dispensaries are also allowed to deliver.
Overall, these areas that potentially could allow cannabis operations have been reduced in size.
Also, some members on the Cannabis Ad-Hoc Committee recommended expanding the CB
Boundaries for retail dispensaries by 14.92 acres which would extend the boundaries to the west
side of Lakeshore Drive. However, the Committee’s vote on this was tied (2 to 2 based on the
appointed membership at the time this particular meeting was held – August 15, 2018). At their
regular meeting of October 2, 2018, the Planning Commission reviewed the possible boundary
expansion. On a motion from Commissioner Slooten, second from Commissioner Fitts, to
recommend to the City Council the boundary expansion, the motion failed to carry on a three (3)
to two (2) vote (Commissioners Antus, Bean, and Coker dissenting). From this vote it can be
concluded that the Planning Commission does not recommend the boundary expansion. Staff is
requesting that the City Council provide final direction on the possible boundary expansion:
Attachment D Presents this possible expanded Cannabis Business District Boundary for
retail dispensaries which would result in a cumulative 60.74 acres for this type of use.
ATTACHMENTS:
A. Zoning Interpretations and Procedures Manual, Interpretation No. 18, Expanded Public
Noticing for Commercial Cannabis Projects Zoning Interpretations and Procedures
Manual Interpretation No. 18, Policy for Defining Youth Facilities.
B. Zoning Interpretations and Procedures Manual Interpretation No. 19, Policy for
Defining Youth Facilities Near Commercial Cannabis Operations.
4
C. Ad-Hoc Committee and Planning Commission Recommended Cannabis Business District
Zoning Map (Cultivation, Distribution, Manufacturing, Nurseries, Processing, Testing
Labs)
D. Ad-Hoc Committee and Planning Commission Recommendation Cannabis Business
District Zoning Map (Retail Dispensaries).
E. Ad-Hoc Committee and Planning Commission Recommendation Cannabis Business
District Zoning Map (Delivery Only Dispensaries).
F. Possible Expanded Boundaries of Cannabis Business District Zoning Map (Retail
Dispensaries).
G. Current Cannabis Business District Zoning Map (Cultivation, Manufacturing, Test Labs,
Processing and Distributing)
H. Current Cannabis Business District Zoning Map (Retail Dispensaries).
I. Current Cannabis Business District Zoning Map (Delivery Only Dispensaries)
J. General Plan Land Use Map
5
Attachment A-Zoning Interpretations Procedures Manual
INTERPRETATION NO. 18
SUBJECT: Expanded Public Noticing for Commercial Cannabis Projects
DATE: July 25, 2018
BY: Gary Price, Contract Planner
INTERPRETATION/PROCEDURE:
Current Procedure: Sections 18-12, Zoning, and Section 5-25, Police Regulations, requires that a
use permit be obtained for commercial cannabis operations, including the regulatory permit
(cultivation, manufacturing, distributing, testing, nursery, and/or processing). Also, Section 5-
20, Police Regulations, requires a use permit be obtained for cannabis dispensaries (retail and
delivery only). Sections 18-1.4.445 and 18-1.4.410 of the Zoning Code provide for certain public
noticing procedures for Planning Commission consideration of a use permit requiring a notice
given at least 10 days before the meeting that is:
1. Posted at City hall;

2. Published at least once in a newspaper of general circulation that is published and circulated in the City;
3. Mailed or e-mail to any person who has filed a written request therefor with the Planning Department; such
request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year;
and
4. Mailed or delivery to all persons, including businesses, corporations, or other private or public entities,
shown on the last equalized assessment roll as owning real property within three hundred (300′) feet of the property.
New Procedure: Due to the sensitive nature of this type of use in a neighborhood, and given
that the regulations also require a sensitive setback from Youth Facilities of at least 600 feet,
noticing of future cannabis operation use permits shall be expanded to include mailing or
delivery to all persons, including businesses, corporations, or other private or public entities,
shown on the last equalized assessment roll as owning real property within six hundred (600′)
feet of the property.
6
Attachment B-Zoning Interpretations Procedures Manual
INTERPRETATION NO. 19
SUBJECT: Policy for Defining Youth Facilities Near Commercial Cannabis Operations
DATE: July 25, 2018
BY: Gary Price, Contract Planner
INTERPRETATION/PROCEDURE: Sections 18-12, Zoning, and Section 5-25, Police Regulations,

requires that commercial cannabis operations, including the regulatory permit (cultivation,
manufacturing, distributing, testing, nursery, and/or processing) NOT be located within 600
feet of a Youth Facility. Also, Section 5-20, Police Regulations, applies this this minimum setback
requirement to cannabis dispensaries (retail and delivery only). Section 5-20.01 further defines
“Youth-Oriented Facilities a public or private school (K-12), licensed daycare facilities, public
parks, or a “youth center” as defined by state law as any public or private facility that is
primarily used to host recreational or social activities for minors, including, but not limited to,
private youth membership organizations or clubs, social service teenage club facilities, video
arcades, or similar amusement park facilities.
Under State law, the City has no discretion to review small family day care operations (day care
homes for 8 of fewer children) and has very limited purview in reviewing large family day care
homes (day care homes for 9 to 15 children). Although the State licenses these day care homes,
they don’t generally disclose their locations to the City. Therefore, applying this setback
restriction to small family day care operations is not practical. Also, since the City has limited to
no discretion to regulate private youth membership organizations, clubs, social service teenage
club facilities, video arcades, or similar amusement park facilities there is no way the City can
practically implement this setback criteria on those types of uses which may not be known to
the City. Map 1, presents the locations of known schools in the City. As a matter of policy, the
City has the discretion to define “Youth Center as they may be referenced within various
sections of the Municipal Code as they apply to regulation of cannabis operations. Therefore,
the City has defined “Youth Center” as follows:
CITY DEFINITION OF YOUTH CENTER APPLYING TO CANNABIS OPERATIONS: “Youth Center”

means any establishment that advertises in a manner that identifies the establishment as
catering to or providing services primarily intended for minors, or the individuals who regularly
patronize, congregate or assemble at the establishment are predominantly minors. These also
include colleges and churches.
7
PLANNING COMMISSION AUTHORITY TO CONSIDER CANNABIS OPERATION USE PERMITS:
During review of a use permit for a cannabis operation, the City Planning Commission has
authority to deny applications based on incompatibility of the use on the surrounding
neighborhood.
During review of commercial cannabis operations, if it becomes known to the City that other
such youth oriented uses, such as private youth membership organizations, clubs, social service
teenage club facilities, video arcades, or similar amusement park facilities, then the Commission
has the authority to deny the use permit application, based on the grounds that the cannabis
use may be incompatible with nearby youth facilities. In accordance with Section 18-12.040 (a)
of the Zoning Code, if the Planning Commission finds that the proposed cannabis operation is
located within 600 feet of a youth facility, that does not consist of a K-12 public or private
school, and the Commission wishes to approve the application, finding that it is compatible
with the neighborhood, it shall forward the use permit application, to the City Council, with this
recommendation to the City Council for final determination.
ANNUAL RENEWAL OF A CANNABIS REGULATORY LICENSE: Section 5-20.15 (g) of the

Municipal Code allows the City to approved an annual term of an existing cannabis regulatory
license regardless of whether or not a youth-oriented facility has been established within 600
feet of a retail or delivery only dispensary. This approach shall also be applied to any cannabis
regulatory permit that is subject to periodic renewal as applicable.
AMENDMENT OF A USE PERMIT FOR AN EXISTING CANNABIS REGULATORY LICENSE: When

considering an amendments to a use permit for an existing cannabis operation, such as for an
expansion of the operation, the City will not deny a use permit amendment application based
on land use compatibility concerns from a youth-oriented facility that has been more recently
established within 600 feet of commercial cannabis operation or retail dispensary or delivery
only dispensary.
8
Map 1
School Buffer
9
Attachment C
August 15, 2018 Cannabis Ad-Hoc Committee Recommendation
October 2, 2018 Planning Commission Recommendation
10
Attachment D-Proposed Zoning Map for Retail Dispensaries
11
Attachment E-Proposed Zoning Map for Delivery Only Dispensaries
12
Attachment F
Possible Expanded Boundaries Zoning Map for Retail Dispensaries
13
Attachment G
Current Cannabis Business District Zoning Map
(Cultivation, Manufacturing, Test Labs, Processing and Distributing)
14
Attachment H
Current Cannabis Business District Zoning Map (Retail Dispensaries)
Attachment I
15
Current Cannabis Business District Zoning Map (Delivery Only Dispensaries)
16
Attachment J
2040 General Plan Land Use Map
17
CITY OF CLEARLAKE
Agenda Item No. 12

Subject: Consideration of Resolution 2019 - 18 to adopt a Date: April 15, 2019
list of approved projects for submission to
California Transportation Committee (CTC) for
funding pursuant to SB1. Reviewed & Approved:
From: Adeline Brown, Engineering Technician

Recommended Action: Adopt Resolution 2019 – 18, a Resolution of the City Council of the
City of Clearlake Adopting a Project List for Submission to the
California Transportation Committee for Funding Under the
Provisions of SB1.
Senate Bill 1, the Road Repair and Accountability Act of 2017, was signed into law on April 28,
2017. This legislative package invests $54 billion over the next decade to fix roads, freeways and
bridges in communities across California and puts more dollars toward transit and safety. These
funds will be split equally between state and local investments.
Local roads, transit agencies and an expansion of the state’s growing network of pedestrian and
cycle routes will share an even split of SB 1 funding: $26 billion. Each year, funding will be used
for needs on the local road system, including:
Clearlake is proposing a list of projects identified as follows:
1. Meadowbrook Area Pavement Rehabilitation Project

2. Pearl Ave./Emory Ave. Pavement Rehabilitation Project
3. Highlands Park Frontage Improvement Project
4. Airport Road Regional Connector Improvements
5. Modoc/2nd St. Pavement Rehabilitation Project
6. San Joaquin Drainage Improvements and pavement Rehabilitation
7. Dam Road Roundabout
The City by resolution must adopt the list of projects and that list needs to include the following
items:
1
1. A description and location of each proposed project;
2. A proposed schedule for the project’s completion; and,
3. The estimated useful life of the improvement.
Fiscal Impact
The adoption of the resolution, in itself, does not obligate the spending of funds. If the project is
funded and approved to move forward additional action will be required by the Council.
2
3
RESOLUTION 2019-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE ADOPTING A

PROJECT LIST FOR SUBMISSION TO THE CALIFORNIA TRANSPORTATION COMMITTEE
FOR FUNDING UNDER THE PROVISIONS OF SB1 AND RMRA.
WHEREAS, the State of California has passed Senate Bill 1, the Road Repair and Accountability
Act of 2017, was signed into law on April 28, 2017; and,
WHEREAS, this legislative package invests $54 billion over the next decade to fix roads, freeways
and bridges in communities across California and puts more dollars toward transit and safety.
These funds will be split equally between state and local investments; and,
WHEREAS, local roads, transit agencies and an expansion of the state’s growing network of
pedestrian and cycle routes will share an even split of SB 1 funding: $26 billion. Each year, funding
will be used to tackle deferred maintenance needs on the local road system; and,
WHEREAS, the City by resolution must adopt the list of projects and that list needs to include the
following items:
1. a description and location of each proposed project;
2. a proposed schedule for the project’s completion; and,
3. the estimated useful life of the improvement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Clearlake:
A. Clearlake is proposing a list of five projects identified as follows:

2. Pearl Ave./Emory Ave. Pavement Rehabilitation Project
4. Airport Road Regional Connector Improvements
5. Modoc/2nd St. Pavement Rehabilitation Project
6. San Joaquin Drainage Improvements and pavement Rehabilitation
7. Dam Road Roundabout
Which projects are more specifically defined on the attached “Exhibit A”
B. The City Council hereby adopts the attached “Exhibit A” as its list of projects as required
by the provisions of Senate Bill 1.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Clearlake held on
April 25, 2019, by the following vote:
AYES:
NOS:
ABSENT:
____________________________
Nick Bennett, Mayor
ATTEST:
____________________________
Melissa Swanson, City Clerk
City of Clearlake
Exhibit A
2019-2020 Proposed Project List – SB1
1. Dam Rd./Dam Rd. Extension Roundabout Project
• This project will install a roundabout at Dam Road and Dam
Road Extension
• Proposed scheduled completion is 2020.
• Estimated useful life of the project is 20 years.
• Estimated cost is $4.6 million.

• This project will rehabilitate the Meadowbrook Area.
• Proposed completion is September 2020.

• Frontage/parking lot and pedestrian sidewalk improvements
• Proposed completion is 2019.
• Estimated cost is $516,000
4. Pearl Ave. and Emory Ave. Pavement Rehabilitation Project

• Pavement rehabilitation of Pearl and Emory Ave.
• Estimated cost is $1.3 million
5. Airport Road Improvements
• Regional shopping center connector road.
• Estimated useful life is 20 years.
6. San Joaquin Drainage Improvements and Pavement

• Drainage improvements and pavement rehabilitation of
roadway from Gooseneck to Arrowhead Rd.
7. Modoc St. and 2nd St. Pavement Rehabilitation Project

• Rehabilitation of Modoc and 2nd St.
• Estimated cost is $550,000.
CITY OF CLEARLAKE
Agenda Item No. 13
Subject: Road Maintenance Plan for 2019 Season Date: April 19, 2019
From: Michael J Baker Superintendent

Recommended Action: Discuss with possible direction to staff
1. Crew Work Schedule

• The crew will start grading as soon as weather permits.
• We will work five (5) to six (6) days a week 10 hour shifts from 6:00 am to 4:30
pm.
• The crew will be split up into two working crews.
• One crew a six (6) to nine (9) personnel crew for grading and a 5 to 6 personnel
crew for pot holes, crack sealing and miscellaneous paved road maintenance
projects.
• Sometimes the crew will have to stop grading do to unforeseen emergencies
(e.g. fallen tree, hazardous spill clean-up, vehicle accident clean-up and or traffic
control).
2. Grading
• Grading will start in the Avenues.
• Grading will start on streets that need repair due to washouts caused by heavy
rains.
• Grading will be done according to the Gravel Roads Maintenance and Design
Manual.
3. Pot Holes/Crack Sealing and Miscellaneous Work

• Will start on Lakeshore Drive and continue to Olympic and Old 53
1
• The Crew will than start on other streets depending on service requests and
severity.
This agenda item is an issue of discussion and statement on actions underway by Public Works
staff which will help support City operations and implementation of further City Council Strategic
Plan Goals.
2
CITY OF CLEARLAKE
Agenda Item No. 14
Subject: Consideration of a Resolution Certifying Date: April 19, 2019

Appointment of Wendy England as Police
Dispatcher is Necessary to Fill a Critically Needed
Position, Requesting an Exception from CalPERS Reviewed & Approved:
to the 180-Day Wait Period and Authorizing the
Chief of Police to Appoint; Resolution No. 2019-20
From: Andrew White, Chief of Police
Recommended Action: Adopt resolution and authorize the Chief of Police to appoint Ms.
England upon approval from CalPERS
Police Dispatcher Wendy England retired effective March 28, 2019. The Police Department is
authorized 6.5 FTE dispatchers to provide 24/7/365 coverage. Of these authorized positions, the
department currently has two vacant full-time dispatcher positions. Additionally, the department
anticipates a limited term vacancy of a third position due to maternity leave beginning in May
2019.
The department has been engaged in recruitment efforts but like many agencies, it remains an
ongoing challenge to identify and hire qualified dispatchers and police officers. The department
anticipates filling one vacancy by May 1, 2019, but the training process will be a minimum of
approximately 4 months. It is unknown when the second vacancy will be filled, though
recruitment efforts are ongoing.
It is not feasible for the remaining full-time dispatchers nor the part-time dispatcher to cover all
the vacancies. The division supervisor will continue to provide some coverage, but her time is
required to coordinate the PSAP implementation project along with supervising and filling in as
a trainer for new employees.
CalPERS regulations generally prohibit a newly retired person to wait 180 days before returning
to work for an employer in the same retirement system from which they receive a retirement
allowance. An exemption is allowed if approved by the governing body in a public meeting, on
the regular agenda and when the person hired has specialized skills to perform work of a limited
duration. The approval must be made by Resolution.
Staff recommends the City Council approved the proposed resolution to certify that hiring Ms.
England as an extra help retired annuitant to perform the duties of Police Dispatcher is a critical
need, request the 180-day wait period exception and authorize the Chief of Police to appoint Ms.
England upon approval from CalPERS.
ATTACHMENTS:
A. Resolution 2019-20 – 180-day Wait Period Exception

B. Draft Retired Annuitant Contract with Wendy England
RESOLUTION NO. 2019-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE FOR EXCEPTION TO THE
180-DAY WAIT PERIOD IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS
7522.56 AND 21224 RELATED TO THE APPOINTMENT OF RETIRED DISPATCHER WENDY
ENGLAND
WHEREAS, in compliance with Government Code section 7522.56 the Clearlake City Council must
provide CalPERS this certification resolution when hiring a retiree before 180 days has passed
since his or her retirement date; and
WHEREAS, Wendy England, CalPERS ID # 1174072261 retired from the City of Clearlake in the
position of Police Dispatcher, effective March 28, 2019; and
WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier

than 180 days after the retirement date, which is September 25, 2019 without this certification
resolution; and
WHEREAS, section 7522.56 provides that this exception to the 180-day wait period shall not
apply if the retiree accepts any retirement-related incentive; and
WHEREAS, the Clearlake City Council, the City of Clearlake and Wendy England certify that Wendy
England has not and will not receive a Golden Handshake or any other retirement-related
incentive; and
WHEREAS, the Clearlake City Council hereby authorizes the Chief of Police to appoint Wendy
England as an extra help retired annuitant to perform the duties of Police Dispatcher for the City
of Clearlake under Government Code section 21224, effective May 1, 2019; and
WHEREAS, the entire employment agreement between Wendy England and the City of Clearlake
has been reviewed by this body and is attached herein; and
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment
have been or will be placed on a consent calendar; and
WHEREAS, the employment shall be limited to 960 hours per fiscal year; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the
maximum monthly base salary paid to other employees performing comparable duties, divided
by 173.333 to equal the hourly rate; and
WHEREAS, the maximum base salary for this position is $3,786.22 per month and the hourly
equivalent is $21.84, and the minimum base salary for this position is $3,114.93 and the hourly
equivalent is $17.97; and
WHEREAS, the hourly rate paid to Wendy England will be $21.84; and
WHEREAS, Wendy England has not and will not receive any other benefit, incentive,
compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby certifies the nature of the
employment of Wendy England as described herein and detailed in the attached employment
agreement and this this appointment is necessary to fill the critically needed position of Police
Dispatcher for the City of Clearlake by May 1, 2019 because of a vacancy of 2 full-time trained
Police Dispatchers and one temporary limited term vacancy beginning May 2019.
PASSED AND ADOPTED by the City Council of the City of Clearlake, County of Lake, State of
California, on this 25th day of April 2019, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:______________________________ ________________________________
City Clerk Nick Bennett, Mayor
City of Clearlake
14050 Olympic Drive, Clearlake, California 95422
(707) 994-8201 Fax (707) 995-2653
A G R E E M E N T
FOR
RETIRED ANNUITANT APPOINTMENT
(CLASS CODE)
POLICE DISPATCHER
THIS AGREEMENT, made and entered into this 1ST day of May, 2019, by and between the CITY OF
CLEARLAKE, a municipal corporation of the State of California, “City”, and WENDY ENGLAND, “Retired
Annuitant.”
WITNESSETH
WHEREAS, City requires extra help to perform work of a limited duration; and WHEREAS, Retired
Annuitant represents that he/she is qualified to furnish such services in accordance with the terms and
conditions hereinafter set forth; NOW THEREFORE, in consideration of the mutual terms, covenants, and
conditions contained herein, the parties hereto agree as follows:
1. Contract Appointment
Retired Annuitant is hereby appointed as a retired annuitant to the position of Police Dispatcher for the
City and as such shall perform the duties and services more particularly described in Exhibit “A” attached
hereto and incorporated herein by this reference.
2. Status
Retired Annuitant shall serve at the pleasure of the Chief of Police, subject to the terms and conditions
hereof, and shall not acquire a property interest in employment or a right to continuing employment
with the City of Clearlake. The terms, covenants, and conditions of Retired Annuitant’s employment
with the City are expressly limited by and to the terms, covenants and conditions of this Agreement.
Further, California law prohibits the appointment of a retired annuitant by a CalPERS employer if, during
the twelve (12) month period before an appointment, the retired annuitant received unemployment
insurance compensation for a prior retired annuitant employment for any CalPERS employer. By
executing this agreement, Retired Annuitant certifies that they comply with this requirement.
3. Compensation
(a) Rate - Retired Annuitant shall be compensated for the performance of the above-described
services at the rate of $21.84 dollars per hour. Payment of such compensation shall be made
bi-weekly through Direct Deposit via electronic funds transfer (EFT) to Retired Annuitant’s
account at his/her financial institution.
(b) Schedule – Retired Annuitant’s regular work schedule will be no more than 32 hours per week,
not to exceed 960 hours in a fiscal year.
(c) Benefits - Retired Annuitant shall not be entitled to any benefits other than the hourly wage
listed above.
4. Term
The term of this Agreement shall commence on MAY 1, 2019, and shall expire on APRIL 30, 2020, unless
this Agreement is sooner terminated.
5. Termination
Either party may terminate this Agreement without cause upon giving the other party not less than two
(2) weeks prior written notice. The City may upon receipt of the termination notice from Retired
Annuitant, at its option and sole discretion, request that Retired Annuitant either (1) continue to render
the services described in Exhibit “A” until the date of termination or (2) immediately cease the
performance of any or all of the services described in Exhibit “A” or any or all other services.
Notwithstanding anything to the contrary, Retired Annuitant shall, upon City’s Notice of Termination
deliver to City a written status report of all projects or matters in which Retired Annuitant is involved. In
the event of termination, all rights and obligations of the parties hereto shall thereupon cease. The
provisions of this paragraph shall not be deemed a limitation upon the respective rights or remedies of
the parties hereto which may accrue to them.
6. Standard of Performance
All services to be performed by Retired Annuitant pursuant to paragraph 1 hereof shall be performed in
accordance with all applicable ordinances, policies, and rules and regulations of the City.
7. Non-assignability
Retired Annuitant shall not sub-contract, assign, sell, mortgage, hypothecate, or otherwise transfer
Retired Annuitant’s interests, rights, duties or obligations hereunder in any manner, without the express
prior written consent of the City.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first
hereinabove written.
CITY OF CLEARLAKE,
a municipal corporation of
the State of California
BY:
Wendy England
Retired Annuitant
BY:
Andrew White
Chief of Police
(Approved as to Content)
BY:
Alan Flora
City Manager
E X H I B I T “ A ”
POLICE DISPATCHER
JOB DESCRIPTION
DEFINITION
Under general supervision, to perform a variety of complex duties involved in the receipt and
dispatching of calls for emergency and non-emergency law enforcement and other assistance; and to
perform a variety of general clerical duties in support of the Police Department.
SUPERVISION EXERCISED
May exercise technical and functional supervision over less experienced staff.
EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES
Receive service calls from the public requesting law enforcement or other emergency and non-
emergency services; determine nature and location of emergency, determine priority and dispatch
emergency units as necessary and in accordance with established procedures operating a dispatch
system.
Maintain contact with all units on assignment; maintain status and location of law enforcement field
units; maintain daily log of all field calls and units dispatched.
Operate teletype machine to enter, modify, update and retrieve data such as stolen and recovered
property, driver license and vehicle registration information, and warrants on wanted persons.
Use telecommunications systems to coordinate emergency calls and relay information and assistance
requests involving other law enforcement agencies.
Receive, respond to, and document requests for warrants and Division of Motor Vehicles print-outs;
verify, type and file warrants; document vehicle impound information.
Monitor emergency alarm boxes; monitor and provide dispatching services for a variety of agencies after
hours.
Type, record and file a wide variety of police records, reports, and materials including memos, letters,
financial reports, complaints, declarations, fingerprint cards and index cards on bookings, warrants,
citations, crime and traffic reports, and bad checks and forgery files.
Sort, file, copy and distribute crime reports, traffic reports, citations, petitions, and other materials to
appropriate personnel.
Assist department personnel and the public in person and by phone performing record checks, issuing
permits and collecting fees, and mailing out requested reports to outside agencies in accordance with
established regulations, and providing general information regarding department policies, procedures
and regulations.
Assemble, code, record and summarize a variety of police record data including serious crime offenses,
stolen vehicles, crime reports, booking sheets and file interrogation cards.
Compile data for, summarize, and maintain a variety of statistical and financial reports.
Assist in the receipt, storage and retrieval or other disposition of items delivered to the property room.
Perform a variety of record keeping, filing, indexing and other general clerical work; maintain a variety of
automated and manual logs, records and files relating to public safety activities.
Assist in searching and arranging of prisoners as necessary.
Monitor building activity; monitor doorways; monitor prisoners in cells; monitor children waiting to be
picked up.
Operate various equipment including multi-line telephones; multi-channel two-way radio, computer,
teletype, typewriter, computer, 911 emergency and alarm monitoring equipment, and other
communications equipment.
OTHER JOB RELATED DUTIES
Perform related duties and responsibilities as required.

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CITY OF CLEARLAKE

THURSDAY APRIL 25, 2019 5:30 P.M.

THURSDAY APRIL 25, 2019 6:00 P.M.

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

Consent Items Recommended Action

9. Public Hearing to Consider Road Abandonment; Resolution No. 2019-21

13. Road Maintenance Plan for 2019 Season

14. Consideration of a Resolution Certifying Appointment of Wendy England as Police Dispatcher is

CITY MANAGER AND COUNCILMEMBER REPORTS

POSTED: April 20, 2019

Agenda Item No. 4

From: Melissa Swanson, City Clerk

ISSUE STATEMENT AND DISCUSSION:

According to California Government Code Section 8630:

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

FINANCIAL AND/OR POLICY IMPLICATIONS:

Agenda Item No. 5

Reviewed & Approved:

From: Melissa Swanson, City Clerk

ISSUE STATEMENT AND DISCUSSION:

FINANCIAL AND/OR POLICY IMPLICATIONS:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLEARLAKE

WHEREAS, to realize the benefits of digital transactions, such as efficiency,

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

PASSED AND ADOPTED on April 25, 2019 by the following vote:

General Use of Electronic Signatures

Administrative Policies and Procedures.

Document Class* Office of Record

Internal documents1 that are approved for Various

In any written communication or transaction Various

Department Authorized to Initiate Electronic Signature Request

Approved Electronic Signature Technologies and Vendors

The digital signature shall include the following attributes:

1. It is unique to the person using it.

Prohibited Uses of Electronic Signatures

- Documents or transactions that require a signature to be notarized or acknowledged

Agenda Item No. 6

Reviewed & Approved:

From: Melissa Swanson, City Clerk

Recommended Action: Authorize the Mayor’s response to the report

ISSUE STATEMENT AND DISCUSSION:

FINANCIAL AND/OR POLICY IMPLICATIONS:

April 25, 2019

Superior Court of California

Re: Report Title: “How Can We Safely Land?”

Recommendation (R) #1:

Agenda Item No. 7

From: Melissa Swanson, Administrative Services

ISSUE STATEMENT AND DISCUSSION:

From the staff report of April 11th:

ISSUE STATEMENT AND DISCUSSION:

FINANCIAL AND/OR POLICY IMPLICATIONS:

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

AN ORDINANCE AMENDING CHAPTER 10, SECTION 10-6 OF THE

WHEREAS, the presence of abandoned, wrecked, dismantled and inoperative vehicles

1. Reduce the value of private property;

2. Promote blight and deterioration;

4. Create fire hazards;

6. Create a harborage for rodents and insects; and

7. Be injurious to the health, safety and general welfare of the City.

b. The presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof,

c. This Section shall not apply to:

1. A vehicle, or parts thereof, that is completely enclosed within a building in a lawful