Clearlake City Council discusses adding Public Works staffer

CLEARLAKE, Calif. – At the Clearlake City Council's Thursday night meeting, city Finance Director Chris Becnel provided a cost analysis related to the benefits – or lack thereof – of considering the addition of a Public Works employee.

Ultimately, the council decided it would not be in the best interest of the city to hire an additional employee for the department.

“So, what I'm seeing, is it's not feasible at this time to add another person,” Councilwoman Joyce Overton said, concluding that a single hire would not be beneficial based on Becnel's report.

The analysis looked at the benefits of adding the worker as well as spending the equivalent amount of money on contracted road services. It also identified potential budget reductions to offset costs.

Based on the city's goals, Becnel's report analyzed costs in hiring a Maintenance Worker II, which he estimated at $45,000, annually.

“We thought about a Maintenance Worker I, but when you're dealing with roads, you want someone more experienced,” he said.

According to Becnel's report, it would take no less than two additional employees to obtain proper staffing levels for even a road patching crew.

“A road crew assigned to fill potholes (six), trim trees (seven) or grade dirt roads (nine) requires a total of six-to-nine workers to work effectively. Currently, the Public Works Department has a total of four workers to assign to a crew,” Becnel stated in his report.

Two of those four workers, he said, would also have to be reassigned from the parks division to road maintenance as flaggers.

In comparison to contracting equivalent costs, Becnel said because a contract for road services would require the payment of prevailing wage, tangible benefits of a $45,000 contract would be minimal.

“The biggest problem you run into when you go out into a contract operation is that is because it is a 'public work,' which is going to exceed $5,000, you're subject to prevailing wage, which means you are paying a whole lot more than you would be paying your own employees. The other thing is that you are basically paying for the use of the contractors' equipment,” he said, adding the city would also be paying for the contractor's overhead.

Becnel's analysis identified several potential sources to offset budget costs.

The most obvious source, he said, is through the police department's recruitment fund, which is $48,000.

He said the dedication was made to address understaffing of sworn officers and retention. The department is currently at full authorized staff and recruiting expenses have varied but average around $10,000 annually.

Becnel identified the building maintenance supplies account as another potential source to offset costs.

The budget amount is $20,000, but typically averages $6,000 to $9,000. He said the higher budgeted amount is because the heating and air systems in city hall are old, which could result in an unexpected expense in replacing them.

Additionally, Becnel's report cited recent unanticipated expenses.

“Prior to the drafting of this report, but after the direction from the council, potential additional demands on the city budget have manifested themselves. These potential costs will far exceed the cost of one road maintenance worker,” Becnel stated.

An expense for short-term additional funding for animal services was identified as a result of the contract termination between the city and Society for the Prevention of Animal Cruelty of Clear Lake, as was potential startup costs and ongoing operating costs for animal control facilities.

Becnel said other additional expenses have arisen in relation to updating the city general plan and community development services.

The unanticipated additional costs are expected to be discussed at the council next regular meeting on Sept. 11.

The discussion on the ad hoc committees begins in the video above at 24:17.

Email reporter Denise Rockenstein at This email address is being protected from spambots. You need JavaScript enabled to view it. .

Clearlake City Council appoints members to ad hoc committees on marijuana cultivation, revenues for road improvement

CLEARLAKE, Calif. – The Clearlake City Council appointed members to form two ad hoc committees when it met on Thursday evening.

One committee will review and make recommendations for amendments concerning the city's ordinance regulating the cultivation of medical marijuana.

The other will explore possible sources of revenue for road improvements.

Regulating the cultivation of medical marijuana has been a long-standing battle in the city, from an ordinance that was deemed unenforceable to the repealing of a decision to ban cultivation completely within city limits.

In June, the council approved revisions to its 2013 cultivation ordinance including rules for enforcement and summary abatement procedures, which had not been included in the previous document.

“When the current marijuana cultivation ordinance was adopted, it was the council consensus at the time to create an ad hoc committee to review the ordinance and suggest possible changes for future amendment,” City Manager Greg Folsom said.

Each member of the council provided nominations for both committees.

Final selections for the cultivation committee include: Dave Hughes, Realtor; Liz Byrd, medical marijuana dispensary owner; Keith Ahart, area water district superintendent; Lake County Fire Protection District Chief Willie Sapeta (pending acceptance); and Vince Metzger, business owner.

Additionally council members Russ Perdock and Bruno Sabatier were appointed and business owners Dan Griffin and Pete Loustalot were named as alternates.

Members of city staff representing the police department and code enforcement also are expected to participate.

A total of 11 people were appointed to the committee to explore options for road improvements, including Mike Smith, Phil Harris, Chris Taliafero, Phil Dow, Robert Malley, George Murch, Bill Inman, Ray Silva, Rob Dallas, Jim Biasotti and Mark Cooper. Jessica Taliafero was chosen as an alternate.

Consideration to form a third ad hoc committee to explore universal garbage service was pulled from the evening's agenda, as Folsom said such a committee already exists.

The discussion on the ad hoc committees begins in the video above at 49:44.

Email reporter Denise Rockenstein at This email address is being protected from spambots. You need JavaScript enabled to view it. .

Governor issues emergency order to speed up fire relief funding and assistance for Lake, Trinity counties

LAKE COUNTY, Calif. – On Thursday Gov. Jerry Brown issued an executive order that will expedite assistance and emergency state funding for fire relief in Lake and Trinity counties, which have been heavily impacted by this summer's fire season.

In Lake and Trinity counties combined, this summer's fires have burned close to 300,000 acres, based on reports from fire officials.

The governor's order is expected to bring to Lake County millions of dollars not just to help clean up debris but to repair damaged infrastructure, according to local officials.

“It's some of the best news we've had in three weeks,” said Lake County Sheriff Brian Martin, who over the last month has overseen advisory and mandatory evacuations impacting thousands of residents who fled from the path of the Rocky fire and later the Jerusalem fire.

While a ballpark number of up to $5.5 million had been suggested by state officials regarding how much Lake County could receive for debris cleanup, the total dollar figure for the overall recovery effort could be much larger, according to Lake County Office of Emergency Services Manager Marisa Chilafoe.

Chilafoe told Lake County News that final numbers depend on project bids that come in as part of the recovery process – including debris cleanup, response costs for agencies and public infrastructure repairs. 

However, she said that by her estimation, the funds the county will receive could range as high as $12 million to $15 million.

Those estimates appear on target when looking at the more than $900,000 in state emergency funding the county of Lake and the cities of Clearlake and Lakeport received for a severe storm that occurred Dec. 11 and 12, and which also had resulted in the governor declaring a state of emergency for Lake County.

Both the Rocky and Jerusalem fires together burned more than 94,500 acres, primarily in Lake County, but the neighboring counties of Colusa, Napa and Yolo also were impacted.

The Rocky fire – one of the largest in the county's recorded history – burned 69,438 acres from July 29 to Aug. 14, while the Jerusalem fire burned from Aug. 9 to Aug. 24, scorching 25,118 acres.

Based on the most recent estimates from county and state officials, the Rocky fire destroyed 49 homes and another 61 outbuildings, with the Jerusalem fire burning six homes and 21 outbuildings.

In Trinity County, which also will get expedited assistance thanks to the governor's action, six major wildland complexes continue to burn, with the US Forest Service on Thursday reporting that the fires have burned a total of 232,905 acres.

In July, Brown had issued a state of emergency due to the wildfires burning across California – including, at that time, the Rocky fire – during what officials said has been one of the hottest and driest summers on record.

The state of California later was awarded a Federal Fire Management Assistance Grant from the Federal Emergency Management Agency that will pay for 75 percent of the Rocky fire suppression costs, as Lake County News has reported.

Brown's emergency order issued Thursday is meant to help residents and businesses recover from the damaging effects of the wildfires, according to the Governor's Office of Emergency Services.

Some of the order's benefits include waiving fees to replace documents such as driver’s licenses and birth certificates for those affected by the fires, the agency said.

Cal OES said the governor's order also will speed up the process to remove hazardous debris from the areas impacted by the fires.

The language of the executive order states that compliance with some statutes and regulations will be waived because they would hinder quicker mitigation of the wildfires' impacts.

Of special concern are the potential health and safety impacts of the fire's aftermath. During a Board of Supervisors meeting earlier this month, county staff told the board that debris from burned buildings contains numerous hazardous materials that pose serious health concerns if not disposed of properly.

For that reason, the board adopted a debris management and removal plan that state officials would fund and oversee, with the county at that point having already asked Cal OES for emergency funding.

Cal OES staff told the board at a special meeting on Aug. 11 that as much as $5 million, plus an additional 10 percent to cover administrative costs, was expected to be awarded to the county for the debris removal plan.

However, the county has been waiting since then for final word of the award, said Supervisor Jim Comstock, who himself at one point had been under an advisory evacuation due to the fires.

He said county officials over the last few weeks had expected the funds to be awarded any day.

“That's a great thing that it's actually going to happen,” he said. “We were starting to get skeptical.”

The full text of the governor's executive order is posted below.

Email Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow her on Twitter, @ERLarson, or Lake County News, @LakeCoNews.

EXECUTIVE ORDER B-33-15

WHEREAS on July 31, 2015, I proclaimed a State of Emergency to exist in California due to wildfires burning throughout the state, including those that were burning in Lake and Trinity counties; and

WHEREAS wildfires have burned thousands of acres of land, destroyed structures, including homes, damaged critical infrastructure, and forced the closure of major highways and local roads; and

WHEREAS the Federal Emergency Management Agency granted a Federal Fire Management Assistance Grant for the Rocky Fire burning in Lake County; and

WHEREAS the wildfires have created a substantial amount of ash, burnt vegetation, and debris in Lake and Trinity counties;

WHEREAS this debris is threatening public health and safety, and must be removed and disposed of quickly and properly to ensure that the areas can be reoccupied safely; and

WHEREAS under the provisions of section 8571 of the Government Code, I find that strict compliance with the various statutes and regulations specified in this order would prevent, hinder, or delay the mitigation of the effects of the wildfires.

NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, in particular, sections 8625 and 8571 of the California Government Code, do hereby issue this Executive Order, effective immediately.

IT IS HEREBY ORDERED THAT:

    State statutes, rules, regulations and requirements are hereby suspended to the extent they apply to the following activities: (a) removal, storage, transportation, and disposal of hazardous and non-hazardous solid waste and debris resulting from the wildfires that have burned and continue to burn in areas that are subject to the jurisdiction of agencies within the California Environmental Protection Agency and the California Natural Resources Agency; and (b) necessary restoration and rehabilitation of timberland, streams, rivers, and other waterways. Such statutes, rules, regulations and requirements are hereby suspended only to the extent necessary for expediting the removal and cleanup of debris from the fires, and for implementing any restoration plan. Individuals who desire to conduct activities under this suspension of statutes, rules, regulations, and requirements shall first request that the appropriate Agency Secretary, or his delegate, make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary for the California Environmental Protection Agency and the Secretary for the California Natural Resources Agency shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating cleanup and recovery, while at the same time protecting public health and the environment. This order shall apply to, but is not necessarily limited to: solid waste facility permits; waste discharge requirements for storage and disposal; emergency timber harvesting; emergency construction activities; and waste discharge requirements and/or Water Quality Certification for discharges of fill material or pollutants. To the extent it is within their administrative authority, the boards, departments and offices within the California Environmental Protection Agency and the California Natural Resources Agency shall expedite the granting of other authorizations, waivers or permits necessary for the removal, storage, transportation, and disposal of hazardous and non-hazardous debris resulting from the fires, and for other actions necessary for the protection of public health and the environment.
    As necessary to assist local governments and for the protection of public health and the environment, state agencies shall enter into contracts to arrange for the procurement of materials, goods, and services necessary to quickly remove dangerous debris, repair damaged resources, and restore and protect the impacted watershed. Applicable provisions of the Government Code and the Public Contract Code, including but not limited to travel, advertising, and competitive bidding requirements, are suspended to the extent necessary to address the effects of the fires.
    The Office of Emergency Services shall provide local government assistance to Lake and Trinity counties, as appropriate, under the authority of the California Disaster Assistance Act, California Government Code section 8680 et seq. and California Code of Regulations, Title 19, section 2900 et seq.
    Health and Safety Code sections 103525.5 and 103625, and Penal Code section 14251, requiring the imposition of fees, are hereby suspended with regard to any request for copies of certificates of birth, death, marriage, and dissolution of marriage records, by any individual who lost such records as a result of the wildfires. Such copies shall be provided without charge.
    Vehicle Code sections 9265(a), 9867, 14901, 14902 and 15255.2, requiring the imposition of fees, are suspended with regard to any request for replacement of a driver’s license, identification card, vehicle registration certificate, or certificate of title, by any individual who lost such records as a result of the wildfires. Such records shall be replaced without charge.
    The provisions of Vehicle Code sections 4602 and 5902, requiring the timely registration or transfer of title, are suspended with regard to any registration or transfer of title by any resident of Lake and Trinity counties who are unable to comply with those requirements as a result of the wildfires. The time covered by this suspension shall not be included in calculating any late penalty pursuant to Vehicle Code section 9554.
    The provisions of Unemployment Insurance Code section 1253 imposing a one-week waiting period for unemployment insurance applicants are suspended as to all applicants who are unemployed as a direct result of the wildfires, who apply for unemployment insurance benefits during the time period beginning August 27, 2015 and ending on the close of business on February 27, 2015, and who are otherwise eligible for unemployment insurance benefits in California.

This Executive Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

I FURTHER DIRECT that as soon as hereafter possible, this order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this proclamation.

IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 27th day of August 2015.

EDMUND G. BROWN JR.
Governor of California

ATTEST:

ALEX PADILLA
Secretary of State