How to resolve AdBlock issue? LAKE COUNTY, Calif. — The Clearlake City Council on Thursday evening voted unanimously to approve a new residential rental registration and inspection ordinance meant to improve conditions for renters in the city.
City staff brought an initial draft of the ordinance to the council in March, but the council held off on making a decision after concerns were raised by local Realtors.
The result was that over the ensuing six months the city worked on revising the draft ordinance with a Realtors’ task force.
Associate Planner Michael Taylor presented the ordinance to the council, thanking the community for its input, which he said was taken to heart in crafting the final draft.
Taylor went over the history of the ordinance, which originally was approved Oct. 25, 2001.
Enforcement of that ordinance later was suspended. City officials have variously said that occurred either in 2005 or 2008 due to fiscal constraints. Taylor said the suspension happened in 2008, suggesting it was due to the Great Recession.
Former Councilmember Joyce Overton confirmed the impact of budget challenges on continuing the program during public comment on Thursday evening.
Taylor said the council initially returned to the matter of the ordinance and directed staff to bring it back for a discussion at the council’s meeting on Aug. 26, 2019.
That direction came in the wake of an incident in the spring of 2019 when a man and his four dogs were found dead of suspected carbon monoxide poisoning in a substandard rental, a case which led to the issuance of notices of violation and citations to the owners of more than 20 properties.
In September of 2019, the council discussed the matter, reached consensus and directed staff to return with some specific recommendations at a later date on how to move forward.
The following year, in June of 2020, the city received a proposal from an outside contractor to provide rental registration and inspection services and the following month the council directed staff to begin implementation of such a program, Taylor said.
In July of 2024, the city funded a building inspector and community development specialist to support, in part, the establishment of a rental inspection program, according to Taylor’s report.
Then on March 20, city staff made its initial presentation on the new ordinance to the council, at which time the Lake County Association of Realtors asked for a continuance to allow more time to review the proposed code amendments, which the council granted.
Taylor said the task force submitted formal comments to city staff on April 17. On April 24 the staff met with the Realtor task force to discuss specific amendments, and they met again on May 22 to review revised ordinance language.
On June 5, the council considered the matter again and once more continued it to allow more time for the review of code amendments. On July 3, the Realtor Task Force submitted comments, staff incorporated those revisions on Aug. 8 and the city met with the task force again on Aug. 19 to discuss the revised draft.
During the meeting on Aug. 19, staff and Realtors reached consensus on changes that need to be made and areas where it could remain unchanged, Taylor said.
“I think we’ve come to some kind of a consensus,” Taylor said of the city’s work with the Realtors.
Taylor summarized the proposed updates, explaining that inspection and enforcement authority will shift to the building department. Code references have been updated to align with current state fire, building and housing laws, and registration, inspections and reinspections procedures have been clarified.
New provisions also have been added for phased inspections, a self-certification option, tenant and landlord responsibilities, and ownership change requirements, he said.
As part of the process, an inspection checklist has been created along with an online registration portal.
City official conducts inspection; explains process
City Building Official Mary Jane Montana, who formerly worked as the county of Lake’s Community Development Department director, explained how the process would work.
Montana inspected a two story family dwelling that was converted into three rental units. City Manager Alan Flora said the inspection was the result of a tenant calling the city’s building department due to concerns about the building.
Montana said it was a good opportunity to test out the checklist, which she said she plans to fine tune.
She showed issues she found, including burned electrical outlets, one of which had metal sticking out of it, and a broken double-paine window that still had shards of glass sitting in it. The bathroom ceiling showed a leak or excessive moisture due to adequate ventilation, there were no adequate garbage receptacles, and the deck and exterior stairway needed to be replaced.
“Those are just a few things,” Montana said, explaining she was requesting a meeting with the owner/operator to go over the corrections needed.
Asked about the time to do such inspections, Montana said it took about an hour to an hour and a half, but could have taken as much as two hours had she been able to see all three units, not just one.
During the meeting, it was estimated that there are about 3,000 rentals in the city. Flora said they believe they can inspect about a third of them each year.
Council member Jessica Hooten, herself a real estate agent, said she thought the Aug. 19 meeting with the city and task force members went well. “I think it was productive.”
Vice Mayor Dirk Slooten agreed, adding that he feels confident it will work.
Some Realtors remain concerned
During the hearing’s public comment portion, real estate broker Timothy Toye, who said he manages 200 properties in the county — many in Clearlake — and has been doing property management for over 40 years, warned city officials that it’s not easy and has a lot of pitfalls.
Toye acknowledged a good interaction with the task force and an improved ordinance, but nonetheless said the city is about to get into the property management business.
He said Supervisor Bruno Sabatier and others have suggested a trial program, which he supported. “I think there’s unintended consequences coming that you’re not aware of.”
Toye suggested those include increased costs to landlords, increased rents, displaced tenants, fewer rentals, a breakdown of trust between city and citizens, increased homelessness, legal action against the city and a lessened city reputation.
Former Councilmember Joyce Overton said she had helped put forward the ordinance a long time ago, explaining that it had to be suspended to city finances.
Overton said such ordinances are common in other areas. “It’s the cost of business,” she said, adding that rent has tripled in the city because of the fires.
“I believe we need to step up right away,” she said, explaining that the program is for the safety of the community.
Rick Mayo, a longtime city resident and former planning commissioner, said the people who suffer the most in dilapidated and unsafe housing are the poor, the immigrants, seniors and disabled. “They’re the victims.”
Mayo, who is himself in a wheelchair, said he’s lived in substandard housing in the community and had to take the landlord to court in order to get an accessible shower.
Realtor Katy Evans said she remained opposed to the ordinance. Evans said the only entity that’s poised to gain from the ordinance is the city of Clearlake by getting more money and more data. Like Toye, she recommended a trial period, and said such a program had been voted down by the residents in Salinas.
City resident Margaret Garcia said she thought it would take longer than a three-year rotation to inspect all 3,000 rentals. “I just think you’re being optimistic about the time it’s going to take,” she said, adding that inspections are a good idea but she felt the city is going about it too hastily.
“We can refine this as we go,” Hooten said following public comment.
Councilmember Tara Downey said she’d had such an inspection done when she lived in an apartment in Redwood City in 2013. She said she likes the ordinance and was glad the city could work out the issues.
Flora said, in response to the mentions of a pilot program, that he had told the Realtors that the city has to adopt an ordinance in order to have something to enforce.
He said he’s happy to come back in six months or a year and meet with Realtors, debrief on lessons learned and bring it back to the council for possible amendments.
“Sounds like a great idea, actually,” said Mayor Russ Cremer.
Slooten moved to approve the ordinance, with Downey seconding and the council voting 5-0.
Regarding the costs of the inspections, the staff report explained that the original annual inspection cost was $40 for the site and the first unit, and $15 for each additional unit. The fee for noncompliance reinspection is $30 for the site and the first unit, and $10 for each additional unit.
City staff determined the fees are outdated and may no longer cover the costs necessary to effectively implement and administer the program. Taylor’s report staff will notice a public hearing regarding updates to the fees at an upcoming council meeting.
Also on Thursday, the council approved the Lake County Multi-Jurisdictional Hazard Mitigation Plan and its incorporation into the city’s general plan safety element, and awarded a contract for the Arrowhead Road/Huntington Avenue Drainage Project to Precision Excavating and Grading in the amount of $161,162.
The council also had an hourlong workshop before the regular meeting to discuss city projects with staff.
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