CLEARLAKE, Calif. – The Clearlake City Council appointed the retiring police chief as an interim city administrator Friday during a meeting that revolved primarily around keeping business moving forward in the wake of the past administrator's sudden departure.
The council moved its usual Thursday evening meeting to Friday morning because of the Veterans Day holiday.
The 75-minute morning meeting was well attended – about 30 to 40 people gathered in the chambers to hear the business and to offer suggestions.
During public comment community member and attorney Robert Riggs told the council that City Administrator Dale Neiman's resignation – which went into effect on Thursday – was both a challenge and an opportunity.
Riggs encouraged the council to find a new administrator with ties to the community, and said there are many people in the community willing to volunteer their help. He would prove that point later in the meeting by offering help of his own in reviewing a lawsuit against the city.
With Neiman gone, Police Chief Allan McClain – dressed in civilian clothes – sat in Neiman's old spot, and, along with City Clerk Melissa Swanson, introduced staff reports and agenda items to the council.
McClain, who has announced he is retiring Dec. 30, has acted as interim city administrator when Neiman has been out of town previously, and Neiman's report to the council had proposed they put McClain formally in place so he has the legal authority to carry out city business.
Councilman Chuck Leonard said the council needed someone who could sign checks and documents, and who knows personnel in city hall. He said McClain was the logical choice.
Community member Rick Mayo asked if McClain was going to be responsible for making other decisions for the city. Mayor Judy Thein said he was to oversee the city's daily functions.
Mayo pointed out that in the past the city brought in Robert Van Nort as an interim administrator, and he claimed they were being inconsistent by putting McClain in the spot.
He said Neiman didn't give the city enough notice – Neiman had given notice on Nov. 4, a week before his contract expired – which Mayo said wasn't good for the city and left them in a bind. He said it was fine if all McClain was going to do was sign documents.
Thein said the appointment is only temporary, and when the new council is seated next month they'll decide what to do. New council members Jeri Spittler and Joey Luiz were elected Nov. 2, and will succeed Leonard and Councilman Roy Simons, who are retiring.
Riggs asked if McClain's appointment would cost the city anything. Thein said McClain is taking on the responsibilities for no additional pay.
Leonard, responding to Mayo's comments, said, “There's no inconsistency in our actions. We've done this before,” adding that McClain's appointment is a short-term measure.
Leonard moved to appoint McClain, which the council approved 5-0.
With Neiman's resignation, the council also needed to assign new signers for the city's commercial bank accounts and local agency investment funds.
Swanson said that the mayor, vice mayor, city administrator and director of finance are on the commercial account, but with the latter two positions now vacant, they needed to appoint either McClain or another council member to be a third signer.
Vice Mayor Joyce Overton said that in the past the city has assigned that third signer spot to the interim city administrator, which she suggested they do this time as well.
Spittler went to the podium to ask who was keeping track of the city's money and writing checks. Thein said they were just dealing with the signature issue.
Spittler said she was concerned about “how you get to that place” before you sign the checks. Thein said the city has a finance department, and that all department heads approve invoices before checks are written and signed.
Still not satisfied with the answer, Spittler asked who was doing the books. Thein said the city's finance department was responsible for overseeing finance issues on a day-to-day basis. Spittler asked who made up the finance department and wanted to know who was keeping track of the money. Thein responded that two people are working in the department.
Spittler said she had concerns because of statements Neiman made in a “transition memo” about misappropriation of funds.
Leonard moved to adopt a resolution adding McClain as the third signer, which was approved 5-0. After a short discussion, the council also unanimously approved two motions making Swanson and McClain the signers on the local agency investment fund for both the city and redevelopment agency.
The transition memo Neiman completed was given to Spittler and Luiz, and to the current council. However, the copy made available to Lake County News had close to half of its contents redacted by the city attorney, who claimed it contained privileged information.
Council opts out of county marketing program
The council then had to decide whether or not to continue participation in the county's marketing program.
Neiman had recently paid $10,000 that the city owned the county for last year's program participation, but council members discussed whether or not they could afford $10,000 for the current fiscal year, and questioned what they were getting enough out of the program.
Most wanted to continue, especially if the city's resorts could help with matching funds.
However, Leonard noted, “I think we're too strapped to do anything this year.”
Simons said tourism “just doesn't go over very big in this city.” He continued, “Until we change our attitude toward tourism there's no sense spending $10,000 for something you're not going to get anything out of.”
Overton said they needed proof of what the program was doing for the city. “I don't think we should be doing this now, I don't think we have the money to do it.”
McClain noted, “This $10,000 is not in the budget anywhere,” and the funds would have to come from some other fund if the council wanted to participate in the program.
Herb Gura suggested that tourism doesn't only involve resorts, and almost all businesses benefit from tourism. He said marketing can be funded or enhanced by contributions from businesses, adding that he would be willing to pay some money to the chamber for marketing as long as he felt the chamber was looking out for the city's best interests.
The county eventually reached consensus not to take part in the program this year.
Council member then moved into a brief discussion about extending the redevelopment budget, which Neiman did not complete before he left. Four of the council members voted to do so, with Simons abstaining.
City gets offer of help on lawsuit settlement consideration
In other news Friday, the council discussed whether or not to authorize Thein to execute a consent decree with Grant and Marilyn Meyer, who had sued the city in federal court over a code compliance case. The actions they sued over began in January 2003, according to Neiman's staff report.
Neiman's report stated that the city participated in early dispute resolution and a settlement conference with one major problem arising – city staff had gone onto the Meyers' property without obtaining a search warrant.
McClain said the settlement calls for the city to pay the Meyers $50,000 in damages, and in turn they must abate the property to the city's satisfaction. The city will withhold $10,000 of that final settlement amount to make sure the abatement takes place. If it doesn't, the city keeps the money.
City staff said the proposed settlement was less expensive than going forward with the case in federal court.
Simons said if the city had gone about the matter the right way, they wouldn't have had a problem. He said the city doesn't know how to do abatements.
He said Grant Meyer had asked him to come and look at the property. “It was an absolute disaster. It was as bad as it can be.”
Overton noted, “We need to take this settlement because it's going to cost us a lot more if we don't,” adding that liabilities for such cases can go into the millions.
If code enforcement had been trained properly, the violation wouldn't have happened, she said. “The courts definitely are going to rule in their favor.”
Leonard said he understood a code enforcement staffer had gone onto the property and took pictures, which caused the problem. Meyer never intended to clean up the property, Leonard contended. “It's one of those nuisance suits that you might as well settle.”
But Riggs, returning to the microphone, offered an alternative.
An attorney who specializes in constitutional law and the due process clause, Riggs volunteered to look at the entire file for nothing and consult with the city to see if the settlement really made sense. His offer earned him a round of applause, and other speakers – including Spittler – urged the council to accept it.
Spittler asked about when the incident at the heart of the lawsuit happened. McClain said it was several years ago. “There is no doubt that code enforcement trespassed on that man's property and took photographs,” he said.
Gura urged the council to discuss the matter in closed session and not talk litigation strategies in public.
Added city resident Don Turman, “This is mind boggling that we let this happen.”
Turman appreciated Riggs volunteering his services, and asked the council to accept the help. He then asked if there had been a review of code enforcement policies to prevent something similar happening again.
McClain said they went through the policies, adding, “Code enforcement doesn't exist anymore so it's not an issue.”
Tim Williams, a certified building inspector, said he was willing to volunteer to help do code enforcement for the city. He also suggested the city pay $10,000 first, not $40,000, in order that the abatement work get done.
Overton said she didn't have a problem if Riggs wanted to look at the case, and asked if he could have his review completed by the next meeting on Dec. 12.
“I can have it done when it needs to be done,” Riggs said, agreeing that the matter probably shouldn't be discussed publicly and that he would like to offer suggestions to them in private once he's reviewed the case.
Overton said the city should accept Riggs' offer, and Councilman Curt Giambruno agreed.
“It might not hurt to have another set of eyes look at it,” Giambruno said, suggesting the council could end up getting better advice than it has received previously.
The council agreed to bring the matter back by consensus on Dec. 12.
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