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HomeMy WebLinkAboutMin 01-06-99MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, January 6, 1999 The Ukiah City Council met at a Regular Meeting on January 6, 1999, 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: Councilmembers Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. Staff present: Public Utilities Director Barnes, Community Services Director DeKnoblough, Finance Director Elton, Assistant City Manager Flad, Risk Manager/Budget Officer Harris, City Manager Horsley, City Attorney Rapport, Fire Chief Sandelin, Planning Director Sawyer, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Baldwin led the Pledge of Allegiance. 3. PRESENTATIONS a. Introduction of New Employees Brian Lane, Firefighter/Paramedic Fire Chief Sandelin advised that Firefighter/Paramedic Brian Lane is the newest member of the Ukiah Fire Department B-Shift and has been warmly accepted by his Shift mates. Fire Captain Mark Hilliker, Brian Lane's Shift Commander, discussed Brian's educational background and noted that he attended the Firefighter Academy through Santa Rosa Junior College. After completing the Fire Academy, Brian began working as an EMT with Ace Medical Transportation in Santa Rosa and later for Sonoma Life Support (SLS). He attended the Paramedic Program at Santa Rosa Junior College and completed his field internship with the San Francisco Department of Public Health Firefighter/Paramedic Brian Lane expressed his happiness to be working for the City of Ukiah. The people on his shift are great and he is looking forward to being an employee of the City for a long time. 3b. Proclamation - Martin Luther King Day Mayor Mastin read the proclamation supporting January 17 and 18, 1999 as Ukiah's sixth annual observance of Dr. Martin Luther King Day and encouraged citizens to participate in the scheduled activities and programs associated with the event in Ukiah. LaCretia Peoples accepted the proclamation and thanked the Council for their support. EMERGENCY CLOSED SESSION ITEM Mayor Mastin advised that the need to take immediate action arose after the agenda was prepared in accordance with G. C. [}54954.2(6)(2), Conference with Legal Council- Existing Litigation - G. C. [}54956.9, Citizens for Responsive Government v. City of Ukiah, Mendocino Superior Court #79997. MIS Kelly/Ashiku to add the Emergency Closed Session item to the agenda, and carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. NOES: None. ABSTAIN' None. ABSENT: None. 4. APPROVAL/CORRECTION OF MINUTES a. Regular Meeting of December 16, 1998 Councilmember Kelly recommended the following corrections: Page 11, last paragraph, first sentence: "...attending the meeting of the Local Government Commission and reception...". The last paragraph, third sentence should read: "...federal governrr~ent with comparable formula to what was presented by Rick Kennedy at the prior City Council meeting." Page 12, second paragraph, first sentence: "...regarding property to the west of the jail...", and second sentence: "...a 40-year agreement under Redevelopment that MCOE has access to that property." January 6, 1999 Page 1 Councilmember Libby referred to a conversation between Councilmember Ashiku and Bruce Richard, from MTA, which was not included in the minutes. Councilmember Ashiku asked Mr. Richard if he would guarantee that MTA would purchase the Ukiah Depot Site, and Mr. Richard's response was "no". She felt this should be included in the minutes since it is pertinent to the issues at hand. City Manager Horsley recommended the following corrections: Page 8, third paragraph, last sentence: "He estimated the cost to purchase the western portion of the Ukiah property to be $440,000." Page 9, second paragraph, under "Dave Nelson", last sentence: "...provides for a surface easement." Mayor Mastin recommended the following corrections: All references to "Bruce Richards" should be changed to "Bruce Richard". Page 8, fourth paragraph beginning with "Bruce Richard", second sentence should read: "...grade crossing at Clay Street...". The last sentence should read: "He discussed widening Perkins Street and adding a left turn lane at Leslie Street." Page 8, fifth paragraph, fifth sentence: "... funds to assist in the study of the site..." Page 9, third word at top of page, change "railroad" to "private", and later in the sentence to read: "...assist with the study of the Leslie Street property." In the last sentence, change "Southern Pacific (SP)" to "Union Pacific (UP)". MIS Baldwin/Ashiku to approve the minutes of the Regular Meeting of December 16, 1998, with noted corrections, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, Kelly, Mastin. NOES: None. ABSTAIN: None. ABSENT: None. 5. RIGHT TO APPEAL DECISION Mayor Mastin reviewed the appeal process. 6. CONSENT CALENDAR Councilmember Baldwin referred to item 6c regarding the Community Development Block Grant (CDBG) and inquired as to who is designated to complete the studies and assessment. He questioned whether the people who are privately raising funds for the facility, are looking at a significant financial commitment from the City once the site has been selected and the needs determined. Community Development Director DeKnoblough advised that the contracts, or proposals, were submitted during the grant application phase. The needs assessment is being completed by the Mendocino County Alcohol and Tobacco Prevention office. The funding plan was completed by Ed Monohan and the implementation will be completed jointly by City staff and members of the CDBG Committee once the other studies have been finalized. He explained that it is premature to determine what the City's financial participation will be on the project. City Manager Horsley advised that there are other funding opportunities that have become available since the initial study was conducted and the City continues to search for other funding possibilities. Since the study, the Ukiah Unified School District has selected the Wards site and there is a possibility that the recreational center can be located at that site. This development has lowered the expectations of what the cost may be for the project. The project is still developing and she will keep the Council informed of its status. She explained that a large part of the study was to assess what funding sources are available. She noted that Mr. Monohan spoke to potential sponsors to gather their interest and to community members to increase awareness for participation in the project. Councilmember Baldwin found it curious that site selection and funding came before the needs were assessed. He questioned staff if they have inquired of other cities who have similar cultural or recreational centers. Community Development Director DeKnoblough explained that the funding was done first, however, the implementation plan will not be completed until the needs assessment January 6, 1999 Page 2 is completed. He reported that the cities of Healdsburg, Cloverdale, and Rohnert Park were contacted concerning the needs study and the benefit of such a facility on their communities. MIS Kelly/Libby approving Items a-g of the Consent Calendar as follows: a. Rejected Claims for Damages Received From Dan Cedarholm, Jr., and Erwin R. Hoese, and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; b. Approved Adjustment to Wastewater Treatment Plant Supervisor Salary Range; c. Adopted Resolution 99-29, Approving Extension of Community Development Block Grant (CDBG) for Planning and Technical Assistance for Community Recreational Facility; d. Received Report Regarding the Purchase of Personal Protective Gear from All- Starr Fire Equipment, Inc. for $7,071.85; e. Awarded Contract to Peterson Tractor Co. for Repair of Undercarriage for Caterpillar 955L Track Loader in the Amount of $17,357.88; g. Approved Budget Amendment and Awarded Acquisition for Purchase and Installation of Tires for the Caterpillar 627F Scraper to Downey Tire Centers in the Amount of $21,294.44; Awarded Bid for 40, 50, and 55 Foot Class 3 Western Cedar Poles to McFarland Cascade in the Amount of $15,482.61. The motion carded by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. NOES: None. ABSTAIN- None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Robert Wright, Ukiah, advised that the City Council should not back down on their salary, noting that they probably do not make $1 per hour. As a former Millview Water District Board member, he knows how much time Councilmembers contribute and felt they "earn every penny". Judy Pruden, 304 So. Hortense, thanked the City Council for their assistance in funding the new City of Ukiah entrance sign on Highway 101. She reported that the sign cost $10,500 more than anticipated and they will be back this spring to request additional funds from the City. She has been working with Kathy Spencer, Ukiah Chamber of Commerce President, and noted their interest in beautification of the City. She is looking to the City Council for support in getting the ball rolling for a beautification program. 8 UNFINISHED BUSINESS 8a. Introduction of Ordinance Relative to the Cost of Living Increase for City Council Risk Manager/Budget Officer Harris advised that Ordinance 1010, adopted on September 2, 1998, specified a 55% increase based upon the state statute allowance of 5% per year from the last date a salary was established (1988). That increase resulted in a monthly salary of $465. Staff completed two calculations for Council's review, both reflecting the fact that employee raises were not granted in two years during the 11 year time frame since 1988. As opposed to the calculation of 11 years at 5% per year, nine years at 5% yields a one time 45% increase equating to a monthly salary of $435. If, from 1988, 5% had been applied to each year, except 1996 and 1997, the years in which no employee raises were given, the cumulative total monthly salary would be $465.39. He advised that, should Council introduce an ordinance at this meeting, it would become effective 30 days from the date of its adoption. Judy Pruden, 304 So. Hortense, advised that on alternate Wednesdays, the Planning Commission meets. The Planning Commission has a great deal of responsibility, long hours, large packets, site visits, and they incur costs. She advised that the Planning commission receives no money and are not reimbursed for their expenses. She asked the City Council to take a small reduction in their monthly salary and give the Planning Commission some sort of compensation for their time and expenses. She advised that in the past 15 years, she has served on seven committees, and currently is Chairman of the Planning Commission. During this time, she has received two appreciation dinners and January 6, 1999 Page 3 one tee-shirt. No meals have been provided to the Planning Commission except during a joint session with the City Council. She discussed expenses incurred by the Commissioners such as supplies, paper, mileage, phone calls, copying, and expertise of time. It was her opinion that, in order to get quality, volunteer citizens to serve on the Planning Commission, the City Council should consider extending some sort of compensation to the Commission. She noted that she is not voicing the opinion of the entire Planning Commission, as she has not formally discussed the matter with them. Eric Larson, 123 Clara Avenue, explained that it takes many people to run this City; some are paid very well, some are under paid, and some are not paid at all. He felt that the City Council has an obligation to show their appreciation to both paid and unpaid employees who serve the City. He has spent the past five years working on behalf of the Ukiah community and currently sits on the Planning Commission. He reported that no City Council member has personally thanked him for his efforts. He stressed the importance of the City Council voicing its personal appreciation to those that serve the City. Councilmember Kelly advised that she called Judy Pruden and thanked her for her efforts in getting the new sign in place and she felt she had personally expressed her appreciation to Eric Larson for his time and efforts. She felt that legitimate reimbursable expenses of those serving the City in a volunteer capacity should be reimbursed. Councilmember Ashiku concurred that expenses should be reimbursed by the City for those serving in a volunteer capacity. City Manager Horsley advised that in the Planning Department budget, there is allowance for expenses for Planning Commissioners to attend the Planners Institute, and all expenses are paid. She will discuss with Ms. Pruden the expenses she referenced. Councilmember Baldwin was supportive of a reduction in the City Council salary schedule and felt the Council should place an item on a future agenda to consider a minimum of $100 per month to the Planning Commission. Councilmember Libby commented on a newspaper article published after the last City Council meeting concerning the matter of City Council salaries. She was surprised at the quote that she was attributed to and the impression that it gave. She clarified that the previous Council made a decision on this matter, and to bring the matter back to the present Council over $30 when there are more important issues before Council, was the reason for her objection to hearing the matter. She is supportive of City employees, however, if a salary increase is a major concern of some employees, she is willing to forego the $30 increase as long as the other Councilmembers are in agreement. MIS Baldwin/Ashiku to introduce by title only Ordinance fixing City Councilmembers salaries at $435 per month, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None. Councilmember Libby reqUested clarification of the two year evaluation clause in the proposed ordinance. Councilmember Ashiku noted that, since Council's salary would be evaluated every two years, staff should not be surprised if there is a substantial increase, since it would not occur on an annual basis. Mayor Mastin explained that it is his understanding that a cost of living increase for employees could go into effect each year, however, the proposed ordinance would allow it to go into effect every two years for the City Council. City Attorney Rapport advised that the cost of living increase would be a calendar matter for the City Clerk as a reminder to bring it to Council's attention. A cost of living increase must be done by ordinance and can be done each year. If the ordinance is an increase in compensation, however, it cannot take affect until a new Councilmember is seated. It would then go into affect for all Councilmembers. January 6, 1999 Page 4 Consensus of Council directed staff to prepare a study of Planning Commissions in other cities with regard to compensation and reimbursement of expenses and present the study to Council. City Clerk Ulvila read the Ordinance by title only. MIS Baldwin/Ashiku to introduce the Ordinance, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None. 9. CITY COUNCIL REPORTS Councilmember Libby reported attending the Redevelopment Agency's Economic Development & Financing Corporation meeting and they discussed their Web Site. They would like to see more businesses apply for loans since there is money available. Councilmember Baldwin had nothing to report. Councilmember Ashiku reported that he attended his first LAFCO meeting. They questioned if the City has plans for annexations and they also need information regarding Ukiah's Sphere of Influence. There will be a Northern California Power Association (NCPA) annual meeting in Sacramento on January 27 and 28 and he encouraged new Councilmembers to attend and learn more about the organization. Councilmember Kelly reported attending the Ukiah Valley Cultural Recreation meeting. They are excited about the Ukiah Unified School District moving ahead on the Wards site. The Mendocino County Public Health Department and Nuestra Casa were well represented at the meeting. Tom Heise, architect, was also in attendance and he will be working with the School District's architect. She also reported attending the swearing in ceremonies for the new Board of Supervisors and other officials of Mendocino County. Mayor Mastin advised that a "Y2K Community Forum" is scheduled for January 12, 1999 at the Ukiah Civic Center. Scheduled speakers include Rick Page, Director of Mendocino Emergency Services, and Dave Edmonds, from Pacific Telephone. He noted that the 6th Annual Martin Luther King Day events are scheduled for January 17 and 18, 1999. The Citizenship Committee has made their selection and he will make the presentation at the January 17 event. He advised that any Councilmember may request an item be placed on the agenda by contacting the City Manager. He cautioned of time lines for preparation of reports. 10. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley advised that a reception with the Main Street Board and City Staff is scheduled for January 13 at 5:30 p.m. at the Conference Center. The reception is designed for the Board and Staff to become better acquainted since they will be working closely in the next year. Adjourned: 7:20 p.m. to Closed Session. Reconvened: 9:50 p.m. 8b. Discussion and Possible Action Concerning Willits City Council Action on Foreclosure of North Coast Railroad Authority Loan and Effect on Ukiah Depot Site No action taken. 11. CLOSED SESSION a. Conference with Legal Council - Anticipated Litigation Initiation of Litigation Pursuant to Subdivision (c)54956.1 (1 case) No action taken. 11b. G.C.§54956.8 -Conference with Real Property Negotiator Property A. P. No. 002-232-01 and 002-282-01 January 6, 1999 Page 5 Owner: North Coast Railroad Authority (NCRA) Negotiator: Candace Horsley Under Negotiation: Price and Terms of Payment No action taken. 12. ADJOURNMENT There being no further business the meeting was adjourned at 9:50 p.m. Marie Ulvila, City Clerk January 6, 1999 Page 6