CLEARLAKE, Calif. – At its Thursday night meeting the Clearlake City Council awarded a bid for Safe Routes to Schools projects, approved a minor language change regarding pay for incoming and outgoing council members, and supported a proposal for a community Halloween event.
The council’s first order of business during the hour-and-a-half-long meeting was awarding the contract for two Safe Routes to Schools projects located on Austin and Arrowhead roads.
“The projects were bid as one to get a better price,” said City Manager Joan Phillipe.
Phillipe said the eight bids the city received were opened April 17. The lowest bid, $132,915, came from Redding-based Robert J. Frank Construction Co. She said $169,100 has been allocated from the two projects.
Because it’s a public works construction project, the city must adhere to state requirements, which require the project be awarded to the lowest bidder, Phillipe said.
That raised questions from council members about whether a local contractor could have been selected had a local vendor preference policy – like one implemented several years ago by the county of Lake – been in place. Phillipe said she believed the state laws would supersede such a local rule.
In response to council questions, Phillipe said the roughly $36,000 that is the difference between the lowest bid and the total funds allocated likely would be available for change orders, but because it was state money the remainder couldn’t be kept by the city.
“The monies are dedicated to Safe Routes to Schools projects,” said Phillipe, and would require that the city identify another project and go through what can be a lengthy approval process.
Councilman Joey Luiz moved to approve awarding the bid to Robert J. Frank Construction Co., which was approved 5-0.
Regarding council members’ salaries, the changes Phillipe proposed included removing language that requires no $300 monthly salary payment to incoming or outgoing council members in the month of December during election years, where generally there is only one meeting at which the new members are sworn in.
“This is yet another cleanup” in the city’s municipal code, said Phillipe.
State law sets the $300 per month salary for cities of under 35,000 residents like Clearlake, she said.
While city ordinance has called for incoming and outgoing council members not to be paid, “We’ve not followed the practice that’s set forth in the code,” she said.
The city’s interim finance director reviewed payment history over the last several election cycles and found that the monthly salaries had, in fact, been paid to those council members who were coming on or leaving the council, Phillipe explained.
City resident Aqeela El-Amin Bakheit asked if the language change would impact the city’s budget. She also questioned why it took so long to realize why the payments were being made.
Phillipe, who joined the city in late 2011, said she wasn’t sure why it hadn’t been discovered until recently. Her written report to the council explained that city staff found the discrepancy in practice as a result of last fall’s election.
After it came to her attention, Phillipe said she brought it to the council.
She said California’s government code does not address the provision in the city code about not paying incoming or outgoing council members for a partial month’s service. “I don’t know where it came from,” she said of the provision, adding she hasn’t seen a similar one elsewhere with other cities.
Now, she said, the city was trying to correct the situation. “There is no provision to not pay them, other than this language.” As for fiscal impact, Phillipe said they would budget accordingly on election years.
Bakheit asked if they could pay $150 instead. Phillipe said state government code doesn’t provide for that, and is clear that the salary is $300 per month.
Mayor Jeri Spittler said Phillipe was going through the city’s ordinances and attempting to clean up such discrepancies. She said they were trying to get a more efficient city.
Former Councilman Chuck Leonard said it was not a large amount of money, and he felt it wasn’t something to spend a lot of time discussing.
Council member Joyce Overton suggested that council members should take office in January. City Clerk Melissa Swanson explained that, according to state election code, new council members must be seated within a certain number of days following the certification of a November election.
“It has to be in December,” Swanson said.
Luiz moved to approve the removal of the language, which the council approved 5-0.
The last business items on the evening agenda was Spittler’s proposal for a community “trunk or treat” event on Halloween. She proposed to sponsor the event with the Clear Lake Chamber of Commerce.
Spittler suggested closing down a portion of Lakeshore Drive between from 5:30 p.m. to 9:30 p.m. on Halloween. Cars would park along the roadway, and would open up their trunks, which would be decorated for the holiday. There also would be a variety of contests and prizes, with businesses encouraged to participate in such ways as decorating storefronts.
She proposed that Clearlake City Hall would be used as a starting point for the celebration, with the evening finishing out at the city’s youth center, where contest winners would be announced.
“I think this will promote our city in a positive light,” Spittler said.
Bakheit was concerned about legal and safety implications. “I’m just more concerned about the safety factor, and I want the children to have fun.”
Spittler said the purpose of the event was to create a safe atmosphere. She said she’s taken her grandchildren trick or treating and has had safety issues, such as being chased by dogs.
Shannon Nailor said he was all for the idea, explaining that the city’s Mormon Church has such an event every year, and it’s very safe.
Overton said she liked the idea, and thanked Spittler for bringing it forward.
Luiz also thought it was a wonderful idea, and he thanked the city staff for their work in putting on annual Halloween events.
Playing devil’s advocate, he said they needed to make sure they had a plan if they were to close Lakeshore Drive down for such a lengthy period of time.
He also suggested having the chamber work with local businesses to get buy-in. As for safety, Luiz said he was confident that the police department could help keep the event safe.
Council member Gina Fortino Dickson said it sounded like fun and she wanted to be on the planning committee. She asked about the city’s liability for such an event.
Phillipe said it would cost between $250 and $400 for the insurance premium for the occasion. That doesn’t cover other event costs.
Police Chief Craig Clausen said he also was concerned about a lengthy road closure. He noted, however, that he thinks it’s all doable. The police department would need to draw on volunteer help.
It was agreed that a committee would be formed to flesh out the idea and bring it back for further consideration.
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