Garbage rate increase, PEG Channel election broadcast policies on council agenda

CLEARLAKE – A request by the city's franchise garbage hauler for a fee increase to cover fuel, as well as a discussion of policies relating to candidates forums on the PEG Channel are on the Clearlake City Council's Thursday agenda.


The council will meet beginning at 6 p.m. at Clearlake City Hall, 14050 Olympic Drive. The meeting will be broadcast live on TV Channel 8.


The meeting will begin with two presentations.


The council will offer a proclamation of appreciation to Strohmeyer's Plumbing for their work on upgrading the Austin Park restrooms.


That will be followed by Jim Scholz and Robert Riggs of the Clearlake Vision Task Force Steering Committee on the concept of forming an advisory committee for the Clearlake Redevelopment Agency.


Under business items, the council will consider giving a rate adjustment to Clearlake Waste Solutions, the city's franchise garbage hauler.


In a report to the council, City Administrator Dale Neiman notes that the company has requested the rate increase to recover substantial fuel costs it has incurred over the past year due to higher gas prices.


Clearlake Waste Solutions initially proposed a 9.67-percent increase over a nine-month period lasting from October through June. However, Neiman said staff is recommending a 3.183-percent increase based on a lower calculation of monthly gas price increases and the fact that the company receives an annual cost adjustment, which is meant to cover increased fuel costs.


In reviewing the franchise hauler's contract, however, Neiman has concluded that the document is “very poor and not up to current standards,” and has numerous amendments. He reported that the city and company have agreed to amend the agreement by developing one contract.


Also on the council agenda is a discussion of policies relating to the use of the PEG Channel, TV Channel 8, to broadcast candidates forums.


A report from City Attorney Malathy Subramanian said that the city and county administer the station, and the city cannot expend public funds toward a political view or purpose, although it can spend funds “to educate and inform the public on an election in an unbiased manner.”


A fair and unbiased candidate forum, with all candidates participating or at least invited, would qualify for broadcast under current law, according to Subramanian's report. However, pending decisions by the California Supreme Court and the Fair Political Practices Commission could create stricter definitions relating to use of staff time and public funds related to forums.


Because it's difficult to estimate what the court or commission might do, Subramanian suggests that “the most conservative approach to ensure that the city is not later deemed to be in violation of these decisions is to not allow the forum on the PEG Channel.”


In other council business, Code Enforcement Officer Lee Lambert is bringing forward a request for the council to confirm an assessment for a public nuisance abatement on property located at 13351 Country Club Drive, owned by Robert Rodriguez, and 3806 Pearl Ave., owned by David Canafax.


The city is seeking to recover $7,290 for demolishing and removing a substandard structure on Rodriguez's property. Other work involved removing weeds, brush, trash and debris, and junker vehicles.


At Canafax's property, Code Enforcement is seeking to assess $3,574 for demolishing a structure, and to pay vehicle dismantler and dump fees.


Also on the agenda is a closed session regarding one case of potential litigation and negotiations regarding the business park property.


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