CLEARLAKE – The Clearlake City Council on Thursday had to delay a discussion and anticipated vote on extending its redevelopment plan for another 10 years because one of only three council members who can vote on the plan was absent due to illness.

Councilman Roy Simons was not at the meeting due to a hospitalization, according to Mayor Judy Thein.

She told Lake County News that Simons, who is 84, was under observation at a Santa Rosa hospital after reporting pains in his side. He is was expected to be released on Friday and return home.

The delay has caused concerns that the city might not meet its tight timeline for action on the plan, which – along with the city's redevelopment agency – shuts down on July 9, according to City Administrator Dale Neiman.

Neiman told the council at previous meetings that extending the redevelopment plan is estimated to bring in $42.2 million in affordable housing and public infrastructure funds for the community.

Because of Simons' absence, at Thursday's meeting Neiman advised the council to pull all three agenda items dealing with the plan extension and call a special meeting for 6 p.m. Monday, June 28.

Councilman Chuck Leonard moved to continue the discussion until June 28, which was approved by a vote by he and Mayor Judy Thein.

Vice Mayor Joyce Overton and Councilman Curt Giambruno were required to abstain due to potential conflicts of interest; both have had to sit out the discussions because their homes are within the redevelopment area.

Thein's home also is in the redevelopment area, but a legal “rehabilitation” process was performed earlier this year in order to allow her to vote and give the council a quorum, as Lake County News has reported.

Speaking during the public comment period, businessman Samir Tuma was concerned that the council may not be able to vote before the redevelopment agency ends, which he suggested rose to the level of an emergency.

He urged the council to discuss the matter with the city attorney and find a backup plan in the eventuality that Simons isn't available to attend the Monday meeting.

Neiman said he had discussed such a scenario with City Attorney Malathy Subramanian several months ago. “Unfortunately, if Roy is sick and he can't be here, it doesn't pass,” Neiman said. “That's the way the rules are.”

Tuma suggested Neiman look for other legal advice, nothing that he works with government in another jurisdiction and has been advised there are alternatives.

Neiman said he planned to explore other possibilities.

Simons has not made clear publicly how he stands on the redevelopment plan extension. At a June 7 special meeting numerous community members who spoke in favor of extending the plan addressed their comments directly to him, which caused him to respond that they didn't know how he is going to vote.

The three members of the council who can vote on the issue – Thein, Simons and Councilman Chuck Leonard – must unanimously approve the extension or it doesn't pass, as Neiman explained.

Simons has crossed swords with Neiman at past meetings over his interpretation of how the plan should be approved, stating that he believes it needs to be done by a public referendum, not a council vote.

Council gets update on ABC grant, new finance director introduced

In other council news, Sgt. Tim Celli and Officer Mike Ray of the Clearlake Police Department presented to the council an update on the department's use of an Alcohol Beverage Control (ABC) grant.

They explained that the grant was meant to purchase equipment, and train and pay officers for working on alcohol-related issues, including reducing underage drinking.

Ray said one of the goals was to reduce the number of alcohol-related calls to the department, which he said have gone down.

Compliance checks of businesses to make sure they were following ABC rules revealed only minor problems, with no city businesses receiving fines or citations, Ray said.

In addition, Celli said they've worked with establishments to reduce ABC-related problems. In 2009 officers responded to one business 81 times, but so far this year haven't responded to once, he said.

Thein thanked the officers and Clearlake Police on behalf of Team DUI, a group she helped found, for their work.

Police Chief Allan McClain said ABC was very impressed with what the department accomplished, and other agencies now are trying to emulate their success.

“They're done an outstanding job,” he said of the officers.

However, McClain pointed out that cuts to the department have resulted in the men being taken off of a crime suppression unit and put back on patrol.

Also on Thursday, the council introduced the city's new part-time finance director, Roy Mitchell, brother of Cristallago developer Mark Mitchell and the former finance director for the city of Fort Bragg. Mitchell said he's known Neiman since he was city manager for Fortuna.

“I'm glad to be here,” Mitchell said. “It's been a very warm welcome from the staff here.”

Thein said there was no reportable action out of closed session, in which the council discussed new terms for Neiman's employment – which was reduced to half-time as part of budget cut measures – and labor negotiations.

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