CLEARLAKE, Calif. – The Clearlake City Council adopted a policy Thursday regulating use of the council chambers as a location for conducting candidates' forums and use of TV8, the Public Education Government, or PEG, cable access television channel to broadcast such events.
The city may only expend public funds to provide informational material on an election matter in an unbiased manner to the general public. It may not expend public funds toward a political view or purpose, the policy states.
City Manager Joan Phillipe said the city can be held liable for fines and possible litigation if election information is not presented in a fair and unbiased manner and if each candidate is not given equal time on PEG TV8.
According to Phillipe, use of the council chambers and PEG TV8 for candidates' forums qualifies as an expenditure of public funds. Expenditure to support a candidate or their campaign, she said, is illegal and unethical.
The policy allows for use of the council chambers as a candidates' forum location to educate and inform the public on an election if the forum is hosted in an unbiased, fair and impartial manner.
All candidates must be invited to attend and given and equal opportunity to answer questions and explain their positions.
The policy states the council chambers and PEG TV8 cannot be used to present a forum if it is available to certain candidates and not conducted in a manner to ensure that public funds are used solely to provide impartial and unbiased information regarding the election to the general public.
All references, such as nameplates and photographs, to council members will be removed from council chambers in order to maintain neutrality, according to the policy.
In its only other item of business, the council refrained from taking a position, or any action, pertaining to a request for support of a commercial property tax reform campaign launched by Evolve, A Community Organization, and aimed at Proposition 13.
The campaign seeks to ensure “commercial property pays its fair share.”
It would require nonresidential commercial properties to be reassessed regularly while maintaining Proposition 13 protections for residential property and small business owners.
Phillipe said it was difficult to determine from the materials submitted by Evolve exactly what the city was being asked to support other than amendments to Proposition 13 as it regards to commercial properties.
Phillipe said while the proposed resolution indicates that small businesses would not be affected by any amendment, there is nothing in the material provided that offers how that assurance will be fulfilled.
“In Clearlake, amendments that might ultimately affect small businesses could be extremely detrimental,” Phillipe said. “However, there is no way to know that today without a much better idea of exactly what the proposed amendment to the proposition is going to be.”
Phillipe said the League of California Cities has not taken a position on Evolve's request and is advising cities to wait until such time as the actual language for the proposed changes is submitted.
Email Denise Rockenstein at