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HomeMy WebLinkAboutMin 05-15-02MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 15, 2002 The Ukiah City Council met at a Regular Meeting on May 15, 2002, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Larson, Smith, Libby, and Mayor Ashiku. Councilmember absent: Baldwin. Staff present: Community Services Director DeKnoblough, Assistant City Manager Fierro, Risk Manager/Budget Officer Harris, City Attorney Rapport, Deputy Public Works Director Seanor, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Mayor Ashiku led the Pledge of Allegiance. 3. PROCLAMATION 3a. May 12-18, 2002 as Walk & Roll Festival Mayor Ashiku read the Proclamation designating May 12-18, 2002 as a Walk & Roll Festival in the City of Ukiah, and urged all who are able to take advantage of the benefits offered to those who ride a bicycle, walk, or ride a MTA bus to do so during this week and throughout the year. Sanjeev Balajee accepted the Proclamation on behalf of the Ukiah Rock and Walk Coalition. He discussed the events scheduled for this week and thanked all of their sponsors for making this event possible. 4. APPROVAL OF MINUTES 4a. Regular Meeting of May 1, 2002 Councilmember Larson recommended a correction to page 5, fifth paragraph, second sentence and advised that it was his intension to say that the Use Permit fees for second units should be lowered commensurately to affordable housing permit fees being lowered. He would be content to strike the second sentence from the record. Mayor Ashiku explained that for the sake of accuracy, the minutes of the current meeting should be corrected to state that Councilmember Larson stated his intent and the record would continue to reflect what was written. City Attorney Rapport advised that if the last sentence is stricken it doesn't make the minutes incorrect. The level of detail is at the discretion of the Council. Council could remove that language without distorting what actually happened. Councilmember Larson contended that the language is misleading from what he intended to say. He recommended the sentence be deleted from the minutes. He also recommended the following corrections: Page 10, eighth paragraph, last sentence to read, "He supported more than 1% increase in Council's salary and felt a stipend for Commissioners should be considered separately from the Council's salary." Regular City Council Meeting May 15, 2002 Page 1 of 10 Page 11, sixth paragraph, the motion should read, "M/S Larson/Smith adopting Resolution 2002-35, approving Memorandum of Understanding for the Police Unit for the term of October 1,2003 - September 30, 2007." Councilmember Smith recommended the following corrections: Page 9, third paragraph, to read, "Councilmember Smith voiced his support of the recommendation." Page 11, last paragraph, third sentence and advised that the minutes are correct, based on what he said at the meeting, however, he made a mistake is saying that Donna Berry was the new vice-president. He corrected his statement to read, "Kathy Fowler is the new president and Richard Mosier is the new vice-president." Councilmember Libby recommended the following corrections be made: Page 2, ninth paragraph, to read, "Councilmember Libby recommended a correction to page 2, fifth paragraph, last sentence to read, "The Ukiah Police Officers Association has challenged the Mendocino County Sheriff's Association to meet their match." Page 6, fifth paragraph, first sentence to read, "Councilmember Libby was not supportive of doubling any of the fees." Page 7, first paragraph, and drew attention to a statement by Councilmember Smith, "Councilmember Smith supported no increase of the appeal process..." and she advised that the City currently does not have any fees associated with the appeal process. She inquired if Councilmember Smith wanted to amend his statement. Councilmember Smith did not respond to Councilmember Libby's reference to his comment on Page 7. She also recommended a correction be made to Page 7, third paragraph, first sentence, to read, "Councilmember Libby voiced her opposition to doubling any of the fees, was supportive of a small or reasonable increase in the levels as noted in Table 2, but did not support a fee for appeals." Page 9, last paragraph, the second sentence should read, "When the public is not being served, removing someone is an acceptable solution." Page 10, third paragraph beginning with "Ron Libby" and advised that she "has been asked to make a change on behalf of a member of the public because the comment was not accurately recorded." She requested the minutes be amended to include a more detail account of Mr. Libby's statements. City Clerk Ulvila stated that the minutes summarize points of interest or concern of Council and the public. M/S Smith/Libby approving the Regular Meeting Minutes of May 1,2002, as amended by Councilmembers Larson, Smith, and Libby to pages 2, 5, 6, 7, 9, 10, and 11, failed to carry by the following roll call vote: AYES: Councilmembers Smith and Libby. NOES: Regular City Council Meeting May 15, 2002 Page 2 of 10 Councilmember Larson and Mayor Ashiku. Councilmember Baldwin. ABSTAIN: None. ABSENT: Mayor Ashiku felt Councilmembers have to be careful about changing what they've said at a prior meeting. If a Councilmember meant something else then it should be reflected in this meeting's minutes. He expressed concern with amending minutes and later if a citizen listens to a tape that's the part of the record they might say these minutes don't reflect what was actually said during the meeting. He thought that if Councilmembers want particular or specific language incorporated, they should listen to those tapes to understand what was actually said. Councilmember Libby inquired as to what amendment Mayor Ashiku was addressing. Mayor Ashiku advised that he was speaking in general about some of the things that have come forward or proposed. Councilmember Libby stated that she has a copy of the tapes and listened to them to make sure what she had said. City Attorney Rapport explained that all of the other Councilmembers may not have listened to the tapes so they're not in a position to know whether or not statements were incorrect. He advised that there ought to be some method of verifying the statements if it becomes an issue. Probably the easiest way would be for a Councilperson who believes that discrepancy exists to present that to the City Clerk before the meeting so she has an opportunity to listen to the tape prior to the meeting and verify the inaccuracy and be able to inform all the Councilmembers as to the actual facts. Mayor Ashiku advised that Council has discussed this matter in the past. When Council dealt with the minutes issue some months ago, the members concurred that if there was a problem the discrepancy would be brought to the Clerk's attention. He noted Councilmember Larson's earlier comment where the City Attorney stated that it's at the Council's pleasure to incorporate as much detail as possible. His feeling was that this is what Councilmember Larson intended to say and the minutes should reflect his comments. City Attorney Rapport advised that in Councilmember Larson's case, he just wanted to eliminate a sentence from the minutes. He,wasn't putting something else in that would then create a question as to what was actually stated. Mayor Ashiku stated that it is important to understand the difficulty of transcribing from a tape and that the Council should not take it to a personal level. He thought that is inappropriate and stated he won't allow Councilmembers to attack the professional integrity of another elected office. He felt it is not in good taste. Councilmember Libby stated that she said it in a very kind way for the City Clerk to be careful with the minutes because she listened to the tape and disagreed with the Clerk's transcription of what she said. She stated that the minutes should reflect accurately what happened at the Council meeting. She inquired if every time Council has a Regular City Council Meeting May 15, 2002 Page 3 of 10 change to the minutes, if it needs to listen to the tape, or if Council can take each other at his or her word? Mayor Ashiku clarified his previous comments in that he thought Councilmember Libby's comment was inappropriate. He thought it important that everyone be respectful of each other. City Clerk Ulvila stated that she agreed with the City Attorney's comments that there should be some procedure for checking recommended changes to the minutes. She noted her frustration because there have been corrections over the last few months, and in listening to the tapes, what was actually stated in the draft minutes was what the person actually said. At the following meeting, the Councilmember changed his/her statement in the draft minutes. When a Councilmember says that he/she may have misspoken or didn't mean what was said, it should be noted in the minutes. If someone wants to correct a statement that is totally opposite of what they previously said, they need to clarify it and there should be a mechanism in which it could be checked. We all try to take each other at our word and this is a legal record. Mayor Ashiku advised that Council needs to revisit this issue and adopt a formal policy. In the interim, he asked that if there is a question about the minutes that the Councilmembers bring it to the attention of the City Clerk. The City Clerk can then determine whether there is accuracy in whatever dispute may exist and call it to Council's attention at the time it amends the minutes for the purpose of accuracy. Motion Libby/Smith approving the minutes of May 1, 2002, with all corrections stated by Council. Councilmember Larson advised that he will vote "no" on the motion because he is not questioning the accuracy of anyone's personal transcriptions but frequently these things are used to expand a political ideology or statement. He noted that the minutes are intended to be in summary form and numerous comments regarding a subject are summarized in a sentence or two by citizens and Councilmembers alike. He was opposed to having one citizen's comments singled out and virtually transcribed in total and it throws the entire balance of the dialogue and debate out of perspective. That, more than anything, politicizes these minutes. He felt Mr. Libby's statement should be left alone because it is an accurate summary of what he spoke and it is balanced by the summary of other citizen's statements. Councilmember Smith concurred with Councilmember Larson's opinion and felt it is placing emphasis on one individual's comments as opposed to the summary. He, too, thought that the summary presented would suffice. M/S Larson/Smith amending the motion to approve the Regular Meeting Minutes of May 1, 2002, as amended by Council and to retain the comments by Mr. Libby as presented in the Draft Minutes, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, and Mayor Ashiku. NOES: Councilmember Libby. ABSTAIN: None. ABSENT: Councilmember Baldwin. Regular City Council Meeting May 15, 2002 Page 4 of 10 There was a brief discussion clarifying the motion. Roll Call on the original Motion, as amended by the Motion to amend, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, and Mayor Ashiku. NOES: Councilmember Libby. ABSTAIN: None. ABSENT: Councilmember Baldwin. 5. RIGHT TO APPEAL Mayor Ashiku read the appeal process. 6. CONSENT CALENDAR M/S Smith/Larson approving items a through g of the Consent Calendar as follows: a. Approved Disbursements for Month of April 2002; b. Received Report to Council Regarding Commission and Committee Vacancies Occuring on June 30, 2002 and Authorization of Press Release Advertising the Vacancies; c. Approved Notice of Completion for State Street Tree and Main Street Parking Lot Landscaping Project, Specification No. 00-02; d. Authorized Contract Award to Ferranti Construction, Inc. for A.D.A. Ramp Construction, Specification No. 01-10; e. Awarded Bid to BB & T Office Solutions for Police Department Furniture in an Amount Not to Exceed $20,000; f. Granted Relief of Bidder Pursuant to Provisions of California State Public Contract Code and the Project Standard Specifications for Airport Park Blvd.; g. Awarded Construction Contract to Paulson, Inc. for the Construction of the Airport Park Blvd. Remediation, Phase 1 Project. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember Baldwin. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Mary Lindley, 700 E. Gobbi Street, Ukiah, stated that she submitted sections of the Brown Act to Council regarding discussion and action on items not on the agenda and wanted to call Council's attention to them. 8. UNFINISHED BUSINESS 8a. Introduction of Ordinance Amending Division 1, Chapter 2, Article 2, Section 62 of the Ukiah City Code Regarding Councilmembers Salaries Risk Manager/Budget Officer Harris advised that at its May 1, 2002 meeting, the City Council directed that an ordinance be prepared for action providing a one percent annual increase over the last two years for a compensation total of $471 per month. Pursuant to Government Code §36516, this increase would not become effective until after the November 5, 2002 election. M/S Larson/Smith to introduce Ordinance by Title only, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, and Mayor Ashiku. NOES: Councilmember Libby. ABSTAIN: None. ABSENT: Councilmember Baldwin. Regular City Council Meeting May 15, 2002 Page 5 of 10 City Clerk Ulvila read the title of the Ordinance. M/S Larson/Smith introducing Ordinance, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, and Mayor Ashiku. NOES: Councilmember Libby. ABSTAIN: None. ABSENT: Councilmember Baldwin. 9. NEW BUSINESS 9a. Adoption of Resolution Making Appointments to the Demolition Permit Review Committee City Clerk Ulvila advised that on April 17, 2002, Council adopted Resolution 2002-34 amending the membership to the Demolition Permit Review Committee to include one representative of the Mendocino County Historical Society and one City of Ukiah resident. A Press Release was issued announcing the vacancies on the Demolition Permit Review Committee. As of the deadline of May 10, applications were received from William D. French, Jr. and Judy Pruden. On May 7, 2002, a letter from the Mendocino County Historical Society was received by the City Clerk's office indicating the Historical Society does not designate representatives to committees. However, it would provide a letter of support for its membership and encourages its members' volunteer efforts. It's letter recognized Judy Pruden's qualifications. The nomination process for this Committee will begin with the Mayor and rotate accordingly. M/S Ashiku/Smith nominating Judy Pruden to the Demolition Permit Review Committee as the "historical member". Councilmember Libby stated that she was somewhat taken aback at the way the Staff Report was written in that a representative from the Mendocino County Historical Society is to sit on this committee and reviewed Resolution 2002-34. She noted the Resolution states that the representative should be a member of the Historical Society or other group or organization involved with local history or a local historian. Mayor Ashiku inquired of Councilmember Libby if there was a problem with the qualifications of his nominee and if Ms. Pruden has expertise in this area. Councilmember Libby explained that the applicant's name has been put in the resolution before Council has voted on any appointments. City Attorney Rapport clarified that Councilmember Libby is referring to the second sentence beginning with "Whereas the Mendocino County Historical Society recognizes Judy Pruden as an expert on local history and building history." Councilmember Libby stated that she thinks an appointee has been illegally siting on the Design Review Board since 1993 and felt the report is written in a manner that suggests Council should ignore this. There are only two applicants and two positions to fill and both applicants have been before the Council concerning their views to save the Palace Hotel. She thought there's a possibility that the matter of the Palace would come before the Demolition Permit Review Committee and felt people on this Committee should not have a personal agenda but respect the directive of the Council. She quoted statements made by Planning Commissioner Loewenstein on his Regular City Council Meeting May 15, 2002 Page 6 of 10 application for appointment to the Planning Commission. She felt there are a lot of qualified people who could sit on this Committee and she would like to see this put back out to the public and to receive more applications. Councilmember Smith noted that in regards to the draft resolution in which Judy Pruden's name is mentioned, it is based on the statement that the Mendocino County Historical Society made in its letter to the City in which they recognize "Judy Pruden as an expert on local history and building history". That does not mean she's appointed. Councilmember Libby advised that if the Council decides to go back out for other applications, there may be other applicants who also have been recognized and possibly their names could be included in the Resolution. She felt it premature to put a name in the resolution. Discussion continued concerning Councilmember recommendation to readvertise for the vacancies. Libby's comments and Jeff Burrell, Ukiah, advised that he did not see the notice about the committee vacancies and he would like to be on this committee even though he hasn't submitted an application and it is past the deadline. Councilmember Libby reminded Council that Judy Pruden has sat on this committee for almost 10 years and, although there are no term limits, to continue to appoint someone to that position over a 10-year period is really a status quo. Mayor Ashiku stated that in the absence of any compelling evidence that demonstrates incompetence, or something like that, he felt Council has a very qualified person to serve on the Demolition Committee. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, and Mayor Ashiku. NOES: Councilmember Libby. ABSTAIN: None. ABSENT: Councilmember Baldwin. Councilmember Libby passed on nominating an individual to the Demolition Permit Review Committee. Councilmember Smith offered an apology to Mr. Burrell because it is too late to consider him as an applicant since he did not follow the procedure for applying. M/S Smith/Larson nominating William D. French, Jr. to the Demolition Permit Review Committee as the "public member". Councilmember Libby asked Council to consider not filling this position and to readvertise for the vacancy. Motion carried by the following roll call vote: AYES: Councilmember Larson, Smith, and Mayor Ashiku. NOES: Councilmember Libby. ABSTAIN: None. ABSENT: Councilmember Baldwin. Regular City Council Meeting May 15, 2002 Page 7 of 10 M/S Larson/Smith adopting Resolution 2002-36, making appointments to the Demolition Permit Review Committee of Judy Pruden (historical member) and William D. French, Jr. (public member), carried by the following roll call vote: AYES: Councilmember Larson, Smith, and Mayor Ashiku. NOES: Councilmember Libby. ABSTAIN: None. ABSENT: Councilmember Baldwin. 9. NEW BUSINESS 9b. Authorization of City Manager to Execute Contract With Mendocino County Probation Department for Weed Abatement to a Maximum of $7,500 Community Services Director DeKnoblough noted that over the past ten years, the City has steadily reduced the use of herbicides and incineration methods to abate weeds on public property. In an attempt to address this issue and avoid high labor cost, staff is proposing to contract with Mendocino County Probation Department to provide a supervised juvenile labor force to remove the weeds and perform other special projects such as curb painting and debris removal. The cost billed to the City would be primarily for the supervision of the juvenile work force. He advised that the contract is for a maximum amount of $7,500 each year. M/S Smith/Larson authorizing the City Manager to execute a contract with Mendocino County Probation Department for weed abatement to a maximum of $7,500 each year, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember Baldwin. B NEW BUSINESS Setting of Date and Time for Consideration of Fiscal Year 2002-2003 Budget Accomplishments and Objectives Risk Manager/Budget Officer Harris advised staff is requesting the City Council set a date and time for discussion of accomplishments and objectives for the Fiscal Year 2002-2003 Budget. He noted the City Manager proposed two options not noted in the Staff Report, namely 1) Staff transmit the goals and objectives to Council in written form for review and then Council could ask questions of the City Manager at any time, or during the budget hearings, 2) Council could consider the goals and objectives as part of the budget. Councilmember Smith advised that he would not be available for the June 5 Council meeting. Consensus of Council was to direct staff to submit the accomplishments and objectives for Fiscal Year 2002-2003 Budget to Council as soon as possible for their review and comment. If there were sufficient comments to staff concerning any of the items, there would be adequate time before the budget hearings to obtain clarification. 9d. NEW BUSINESS 9d. Adoption of Resolution Encouraging Use of Clean Emission Vehicles Risk Manager/Budget Officer Harris advised that the Redwood Empire Branch of the American Lung Association has sought the City's assistance in meeting its mission to create lung healthy communities. It submitted a letter requesting the City Council adopt Regular City Council Meeting May 15, 2002 Page 8 of 10 a resolution encouraging the use of clean emission vehicles. He noted that staff modified the draft resolution due to concern that some of the statements contained in the original resolution may have further restricted the City Council. However, staff feels that clean emission vehicles are very appropriate. The City has leased four of them from Nisson for parking enforcement and meter reading. Councilmember Larson reported that he received a call from Janet Orth of the Mendocino Council of Governments (MCOG) and she suggested the resolution be amended to include acknowledging the partnership of the City with MCOG on the zero emission vehicles (Z.E.V.) demonstration project from 1996 through 1999. He referenced the charging station located across from the Post Office and noted how it has led to a whole coalition of Z.E.V. individuals who meet occasionally and promote this endeavor. He recommended an amendment to the Resolution after the seventh paragraph to read, "The City partnered with MCOG on a Z.E.V. demonstration project from 1996 through 1999." Consensus of Council was to include the amendment in the Resolution. M/S Smith/Ashiku adopting Resolution 2002-37, as amended, encouraging the use of clean emission vehicles, carried by the following roll call vote: AYES: Councilmember Larson, Smith, Libby, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember Baldwin. 11. COUNCIL REPORTS Councilmember Larson reported that he participated in the Walk and Roll Bike Tour, which was an abbreviated tour of the bike paths. He viewed the site of the new pocket park at the Train Depot. He will be talking with the City Manager concerning the City boarding up the windows of the Depot because of open access to the building. He attended the Redwood Empire Division of the League of California Cities at Benbow Inn. It was an interesting meeting with quite a bit of reporting on different legislative activities in Sacramento that are being proposed. He noted that the basic message is the chips are falling and whatever money we have that came from the state had better be spent or it will be taken back by the state. The Division's legislative aid was in attendance and he seems to be doing a good job of keeping cities informed of what is happening in Sacramento and providing a channel of communication. He also attended the water forum on May 4 and noted that it was not well attended. Councilmember Smith reported that the League of California Cities' Policy Committee was to meet in Sacramento but the meeting has been cancelled. There is a lot happening with the state budget and so far it looks like the cities are fairing well. Mayor Ashiku reported on May 22nd there would be a presentation by Sonoma County Water Agency at the Ukiah Conference Center from 11:00 a.m. to 1:00 p.m. It will cover Section 7, consultation, fishery mitigation, public outreach, recycling water, and state and federal funding. Councilmembers interested in attending should contact the City Manager so she can make arrangements for catering. He encouraged all Councilmembers to attend because this is a matter that will be of interest for the next four years or longer. The potential impacts are very significant. Over the last several Regular City Council Meeting May 15, 2002 Page 9 of 10 years, Council has heard reports from Councilmember Baldwin, and occasionally from the City Manager and himself, about the Inland Water and Power Commission considering raising the dam through a bond issue and in cooperation with any efforts by the Army Corp of Engineers. Currently they are considering hiring a financial consultant to look at the feasibility of funding. In the meantime, the Corps is looking at a feasibility study and how that may be funded, and they are also doing a reconnaissance of the site. Shortly after this water forum, and based on the information conveyed to the City, he will be asking Council to provide him with clear direction as to its vision for the future which he will vote on at the Inland Water and Power Commission. 12. CITY MANAGER/CITY CLERK REPORTS Assistant City Manager Fierro reminded Council that Applebee's would be holding a VIP reception and buffet dinner on July 29 at 5:00 p.m. They would be asking for a minimum $5 donation. Applebee's will open to the general public on July 30th. Staff met with the NCRA group last week and discussed the grant for refurbishing the Train Depot. It was also mentioned to NCRA that they need to secure that building, since the City doesn't own it. He noted people have been camping in the building and there has been a fire at that location. Mayor Ashiku advised that Bruce Moreno, Applebee's Manager, stopped by his office and asked him what non-profit agency might benefit from their VIP fundraiser, and he suggested the Recreation Center. 13. CLOSED SESSION None. 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 7:36 p.m. Marie Ulvila, City Clerk Regular City Council Meeting May 15, 2002 Page 10 of 10