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HomeMy WebLinkAboutMin 02-03-99 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, February 3, 1999 The Ukiah City Council met at a Regular Meeting on February 3, 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, and Vice-Mayor Kelly. Mayor Mastin arrived at 8:30 p.m. Staff present: Public Utilities Director Barnes, Community Services Director DeKnoblough, Finance Director Elton, Assistant City Manager Flad, City Manager Horsley, Fire Department EMS Coordinator Hutton, Public Works Director Kennedy, City Attorney Rapport, Planning Director Sawyer, Deputy Director of Public Works Seanor, Fire Captain Woodworth, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Baldwin led the Pledge of Allegiance. 3a. PRESENTATION: Introduction Of New Employee - Mike Todd, Firefighter! Paramedic City Manager Horsley advised that Mr. Todd has an injury and is unable to be present. 3b. PROCLAMATION: February as Black History Month Vice-Mayor Kelly read the proclamation designating February as Black History Month. LaCretia Peoples received the proclamation and thanked Council. She invited everyone to attend the play at the Ukiah Players Theater scheduled for February 10 and 11, 1999. 4. APPROVAL/CORRECTION OF MINUTES a. Regular Meeting of January 20, 1999 Councilmember Libby recommended a correction to page 5, last paragraph, to indicate that Councilmember Baldwin's vote was "No". She also recommended a correction to page 10, third paragraph, third sentence to read: "He advised that he will be attending a Northern California Power Association (NCPA) meeting later in the month." Vice-Mayor Kelly recommended a correction to the first sentence of page 4 as follows: "He expressed his concern since the County is working on a Redevelopment District in that area and are interested in anything the City is planning in that area. He would like to be apprised of what the City is doing." MIS Ashiku/Baldwin to approve the minutes of the Regular Meeting of January 20, 1999, with the noted corrections, carried by a unanimous Voice Vote of the City Council present. Absent: Mayor Mastin. 4. APPROVAL/CORRECTION OF MINUTES b. Special Meeting of January 22, 1999 MIS Ashiku/Baldwin to approve the minutes of the Special Meeting of January 22, 1999, as submitted, carried by a unanimous Voice Vote of the City Council present. Absent: Mayor Mastin. S. RIGHT TO APPEAL DECISION Vice-Mayor Kelly reviewed the appeal process. 6. CONSENT CALENDAR Councilmember Baldwin inquired as to the processing of claims through REMIF and how resolution of a claim is determined. City Manager Horsley explained that REMIF submits reports to the City's Risk Manager concerning their investigations of claims and, likewise, the City's investigations of claims are submitted to REMIF. After an investigation is completed, REMIF then determines if they will pay the claim. There is continued dialogue between REMIF and City staff regarding the processing of claims. February 3, 1999 Page 1 Councilmember Baldwin referred to Item 6c, Fire Department Training Tower, and inquired of Staff as to the effects on the public related to a five story structure being located at the Civic Center complex. He felt the Civic Center is an aesthetically pleasing site in the City and that the Training Tower would be a detriment to that. He questioned the need for training at such a height and inquired if the Training Tower could be considered a temporary structure, should a more suitable location be found in the future. Fire Captain Woodworth, Acting Project Chief for the Training Tower, advised that the Training Tower will be 42 feet in height. He reported that the Planning Commission reviewed the project, public input was taken, and several sites were considered. Fire EMS Coordinator Hutton advised that the Training Tower needs to meet the specifications set by the State Fire Training Office in order to qualify the Ukiah Fire Department as a Search and Rescue Training Site. This will benefit the entire area and draw classes to Ukiah. Forty-two feet is the standard height for a Training Tower and will assist in the practice of multi-story operations, as well as a full range of training opportunities, such as rescuing people through windows. Having the Training Tower on site will give the Fire Department more credit with the Insurance Service Office (ISO) and will afford better fire insurance rates for businesses. He discussed the construction of the Training Tower, noting it is modular. City Manager Horsley explained that it was originally thought that the Training Tower would be located at the North State Street Fire Station during the time when the City occupied the Station. When the Station was no longer manned by the Fire Staff, arrangements were made for the volunteers to come to the Civic Center facility for training. The North State Street Fire Station is currently leased to the American Red Cross. MIS AshikulLibby to approve Items a-d of the Consent Calendar, as follows: a. Rejected Claim For Damages Received From Norma Noble and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; b. Awarded Bid For Supply and Construction of Two Pre-Engineered Metal Buildings to Rainbow Construction in the Amount of $66,000; c. Awarded Contract For Construction of Fire Department Training Tower, FD 98-1, to Crane of Ukiah, Inc., in the Amount of $37,880; d. Approved Agreement With Ornbaum Enterprises For Appraisal of a Portion of Assessor's Parcel No. 001-020-09, Ukiah Players Theater. The motion carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Vice-Mayor Kelly. NOES: None. ABSTAIN: None. ABSENT: Mayor Mastin. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS John Beatty, Sol Dial Sound, discussed the new sound system he installed in the Council Chambers. Consensus was that the new system is working great. 8. NEW BUSINESS 8a. Procurement of Independent Auditor Services Beginning With Fiscal Year 1998199 and Subsequent Years Finance Director Elton advised that the Staff Report presented to Council explains the background of audit services for the City as well as Staff recommendations to extend the current contract with Davis Hammon & Company. When looking to the marketplace for audit services, some important considerations would be: 1. Would another audit firm have greater knowledge of government accounting or more expertise in interpreting and applying generally accepted accounting principals? 2. Does the auditor's familiarity with the accounting practices and procedures of the City cause the auditor to become less critical or less objective? He explained that since the same audit firm has been used over the years, they have had more continuity than the Finance Department staff, noting the number of years each staff member has been employed with the City. 3. Would the fee paid by the City to Davis Hammon and Company be comparable to what other audit firms would charge? 4. Would a local firm be able to provide the same audit services? February 3, 1999 Page 2 He explained that there are impacts and concerns for the 1999/2000 year, in addition to the impacts on staff in providing assistance and orientation when changing auditors. He did not feel any potential benefits to changing auditors outweighed the impacts to the City and Staff by a changing auditors. He noted the current contract was a 5-year contract with Davis Hammon & Co. and they have been with the City for a total of 15 years. Councilmember Libby inquired if the contracts are always for five years or if they could be for less. Finance Director Elton advised that the contract could be any length of time, however, an audit firm, when determining their price, will consider the length of the contract to decide the impact of start-up costs when considering their time to complete the audit. MIS Baldwin/Ashiku to extend the audit services contract with Davis Hammon & Co. for fiscal year 1998/99 and four subsequent years, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Vice-Mayor Kelly. NOES: None. ABSTAIN: None. ABSENT: Mayor Mastin. 8b. Consideration of Reimbursement of Expenses for Planning Commissioners City Manager Horsley discussed the survey of 63 Northern California cities, prepared by Risk Manager Harris, with regard to reimbursement of expenses of Planning Commissioners. She noted that the City doesn't usually conduct such a large survey, however, after consulting with the League of California Cities and other sources for information, staff was informed that a survey on this subject was last conducted in 1986. She advised that 38 cities (60.3%) indicated no payments to Planning Commissioners and 25 (39.7%) provided compensation ranging from $25 to $100 per month. She discussed reimbursement of bonafide expenditures and noted that City staff is in agreement that these types of expenditures should be reimbursed by the City. Staff also provides use of a copier or provides copies for Commissioners upon request. Arrangements for long distance phone calls by Commissioners could be made using the City's special rates with its phone contractor. Other valid expenses should be turned into staff. She noted that the City maintains several other citizen volunteer advisory bodies and if Council would like to compensate other groups, criteria should be established to determine when and why compensation could be given to any volunteer body appointed by the City Council. Planning Commission Chairperson Judy Pruden advised that the Planning Commission discussed the matter of compensation at their last meeting. Although none of the Commissioners were opposed to receiving compensation, they did, however, voice their interest in the allocation of funds to allow them to attend the Planners Institute and to further their education by attending training seminars on planning matters. She noted that the only type of training currently budgeted is for attendance at the Planners Institute and it is the only training that Planning Commissioners receive. She noted that this does not occur each year and depends on budget restraints. She discussed the attendance by Commissioners at the Institute since 1995. She reported that all the Commissioners felt that, due to the heavy responsibility of issues such as land use and the complicated issues involved with planning, training is one of their top priorities. They made a suggestion that, if money were available, that it could be put into a training fund. She reported that she has attended training sessions in Sacramento, which she paid for herself to further her expertise in areas of planning and historical preservation. She felt that the Commission's suggestions indicate their commitment to give the City effective and professional decisions. If Council chooses to dispense a monthly stipend, she suggested the money be saved to pay for additional training sessions. The Commissioners voiced their concern that they do not want to take away from the money budgeted for attendance at the Planning Institute, but that additional money be allocated for further training. She discussed the tight budget of the Planning Department. She discussed the Planning Commission's review of new development projects that do not get reviewed by the City Council. The Planning Commission does not get recognized by the community or businesses for its efforts in the planning process, but instead the City Council may receive invitations to grand openings, whereas the Planning Commission is February 3, 1999 Page 3 excluded. She found the exclusion and lack of recognition to be somewhat hurtful, considering the time and effort contributed by the Planning Commissioners. The Planning Commission sees all the commercial projects, whereas the City Council may see them if the decision of the Planning Commission is appealed. It was her hope that this message be relayed to the community and they see the Planning Commission as an important decision making body for the City. City Manager Horsley advised that she has discussed the matter of training with Planning Director Sawyer and he has advised that there are numerous training opportunities available for the Planning Commission. She explained that the Planning Institute costs approximately $1,200 per person to attend, whereas there are training opportunities available that are located closer to Ukiah and cost less to attend. Planning Director Sawyer advised that seminars are offered throughout the year at various locations in Northern California and gave a brief description of types available. He explained that the Planners Institute has been held in Southern California in previous years. In a typical year, they try to send two Planning Commissioners to the Institute. If the Institute is located nearby, they try to include other Commissioners or staff members. Over the years, he has made an effort to keep the Planning Department budget very trim and the Planning Commission has been very understanding. It was his opinion that it would greatly benefit the Planning Commissioners to be able to attend additional seminars throughout the year. Planning Commissioner Eric Larson, 123 Clara Avenue, stressed the importance of continuing education for Planning Commissioners with regard to planning matters. Having attended the Planners Institute, he found it to be very educational and inspiring, learning about planning related subjects and networking with other planners from communities throughout the state. He would like to see the Planning staff be able to attend these types of programs as well. He suggested the City Council set aside a budgetary amount and let the Planning Commission use the funds for training purposes at their discretion, noting that the Planning Commission currently has no discretion of how budgeted funds are allocated. He recommended giving the Planning Commission the discretion to decide what training they would like to attend, subject to the approval of the City Council. It was his hope that the City Council would be flexible and support the efforts of the Planning Commission and Planning Department staff to improve their ability to make important decisions for the City. Frank McMichael, Ukiah, advised that he served five years on the Planning Commission as well was also a City Councilmember. He hardily endorsed spending money on training programs. The Planning Commission needs to learn how to do their job better and encouraged the support of the City Council. He felt an important issue to consider is that if you pay one group of volunteers and not all volunteer groups, it may cause a problem. He views the Planning Commission as the second most critical entity representing the community, with the City Council being first and foremost. He estimated that 80% of the City Councilmembers in the state are former Planning Commissioners and felt it is a good training ground for those eventually considering a City Council position. He recommended the City Council put money in the budget for a stipend for the Planning Commission and, if possible, for all commissions of the City. He also encouraged Council to support and pay for additional training. Planning Director Sawyer explained that the Planners Institute is the only training that is included in the budget for the Planning Commission. The current Planning Commissioners have each attended the Institute once. Once all Commissioners have attended, they then rotate by seniority. This fiscal year's budget has $2,500 allocated towards the Planners Institute. He would like to see a preference on training sessions as they come up through the year. Vice-Mayor Kelly inquired if repeat visits to the Planners Institute would be preferable to other types of training available. She also inquired if the Commission preferred to have a fund for training and they be able to designate their preferred training, be it the Planners Institute or elsewhere. February 3, 1999 Page 4 Planning Director Sawyer preferred to leave two Planning Commission seats open to attend the Planners Institute in addition to having an amount available to support training sessions throughout the year. Currently, the money budgeted can only accommodate the Planners Institute. Planning Commission Chairperson Pruden, speaking on behalf of the Planning Commission, advised they would like to be able to attend training sessions, depending on each Commissioner's particular interest with regard to planning matters. This would be in addition to the money allocated to attend the annual Planners Institute. Discussion followed concerning allocating funds in the budget for the Planners Institute and also determining what additional amount of funds would be needed to attend other seminars and training during the year for the Commissioners. It was noted by Planning Director Sawyer that Planning Department staff has not participated in training during the past five years due to budget restraints. However, staff does keep abreast of issues through the Internet. Consensus of the Council felt that it is important for staff to receive training and further education as well. Prior years budgets were discussed. Councilmember Baldwin felt that there is some trepidation of addressing a stipend for the Planning Commission and noted that some communities do pay their Planning Commissioners. The Planning Commission is the second most significant representative body in the City and felt that the value of a stipend would make a statement to the citizens and other communities about how Ukiah values planning for the future. Motion by Baldwin to pay a stipend of $100 per month to all Planning Commissioners, over and above the fund set aside for conferencing. Motion died for lack of a second. Councilmember Libby thanked all of the citizens who sit on the volunteer committees and commissions. She felt each committee is very important and the individuals volunteer their time to the community. She felt that staff is gathering ideas to show these volunteers how much we appreciate the time they give to their community. Councilmember Ashiku voiced his appreciation for the service of all volunteers on City committees and appreciates the hard work that the Planning Commissioners perform. He felt the City should make an investment in the Planning Commission and staff's education and would like to address that matter at budget time. He recommended staff come back to Council with an overall strategy plan which would employ other concepts for training in addition to the Planners Institute and the costs involved. Councilmember Libby recommended information be provided regarding the other committees and commissions with regard to their budgeted expenses. Vice-Mayor Kelly was supportive of budgeting additional funds for further training of the Planning Commission, over and above what is already budgeted for the Planners Institute. She expressed the difficulty in determining a dollar amount at this time, preferring to look at other training needs for the Planning Department and City staff. In reviewing the survey, a number of cities pay $25 per meeting, which would amount to $3,000 per year. Such an amount could be included in a budgeted training fund to be used on a month-to-month basis. She preferred to have staff analyze this recommendation and to research training opportunities available during the year. Staff could then bring this research and analysis back to Council at a later date for their consideration. Councilmember Baldwin discussed the City Council being a volunteer group approximately 30 years ago. He reminded Council that with a recent Council raise in pay, it is apparent that the Council does not want to serve as a volunteer body. He felt an argument for a significant stipend is that it is important the citizen panel of the Planning Commission be able to question staff well and not be totally a puppet of staff. He felt it is important to make a statement to the community and to show appreciation for how valuable the Planning Commission is to the future of Ukiah. With few appeals coming to the City Council, it is evidence of the thorough work of the Planning Commission. February 3, 1999 Page 5 8c. Discussion Regarding Amending City of Ukiah Purchasing Policy City Manager Horsley advised that Councilmember Libby has requested that this discussion come before Council at this meeting. She noted that Staff has included the City of Ukiah Purchasing Procedures in the staff report for background information as well as the information provided by Councilmember Libby. Councilmember Libby advised that her reasoning for requesting the City Purchasing Procedures be changed is to benefit the citizens of Ukiah. The City has a $32 million annual budget and the General Fund spends approximately $6 million annually. The more money we can circulate and keep in our community, the more money comes back to local government. If government has more money to operate, then the necessity for revenue collection aimed at Ukiah citizens can be lessened. She felt the citizens are overburdened with rates and fees and anything we can do to ease this is our responsibility. At the same time, we will be showing our support for local businesses. She felt that the amount of money that stays in the community will be far more than what a local preference will cost. She has looked into this matter and there are many cities and counties that have a local preference and she would like to see the County adopt the same policy. She will propose a motion, if Council agrees on the proposal, that the City send a letter to the Mendocino County Supervisors from the Ukiah City Council asking them to adopt a similar policy countywide. City Manager Horsley advised that she has asked City Attorney Rapport to conduct research on this matter. City Attorney Rapport advised that he has not completed his research but called the California Purchasing Association in Sacramento and they will send him any legal opinions that have been produced by jurisdictions which provide this preference. The research he has completed suggests that it is legally controversial; it raises issues under the Equal Protection Clause, the Commerce Clause, the Privileged Immunities Clause, and there are a couple of State cases that state very clearly that, if there is a procurement requirement that applies to a jurisdiction that requires it to take the lowest responsible bidder, then a preference such as this would violate that direction. This appears in Charter Cities where their city charter requires that bidding over a certain amount be awarded to the lowest responsible bidder. It comes up under the State Public Contracts Code where Public Works projects have to be over a certain amount and have to be awarded to the lowest responsible bidder. The policy which Councilmember Libby proposes would accept that. The Ukiah Municipal Code would need to be amended in order for this proposal to go into effect, noting that the City's Code currently requires that bids be awarded to the lowest responsible bidder. That exception would need to be created in the Code for this procurement practice to be effective. He discussed litigation of this procedure in San Francisco that went to the 9th Circuit Court and Supreme Court. Basically, the Equal Protection cases seem to say that if the sole purpose of the preference is to benefit local businesses, and discriminate against non-resident businesses, then that is not a legitimate public purpose that can be fostered with a local ordinance. You have to find that you are somehow trying to equalize disproportionate burdens that local businesses air, as compared to non-resident businesses. If the City wanted to proceed with this policy they would have to find some disproportionate burden that resident businesses have to bear that non-resident businesses don't, and that the City is equalizing by giving this preference to local businesses. He advised that further research needs to be done with regard to the Commerce Clause. He discussed issues and potential problems among businesses in unincorporated areas of Mendocino County should the board of Supervisors enact such a policy. He would prefer to conduct further research before the City Council makes a decision, and if the City Council is in agreement to enact such a policy, to articulate findings that would be defendable. Councilmember Libby advised that she spoke with Shasta County, City of Redding, and Lake County Purchasing Departments who have had a preference for many years and have not encountered any legal problems with their policy. She recommended the City enact a 5% preference, not to exceed $5,000, for the businesses within Mendocino February 3, 1999 Page 6 County, when bidding on City of Ukiah bids. Frank McMichael, Ukiah, felt that Councilmember Libby's proposal is very valid and noted he is aware of other jurisdictions which have a preference clause. Those cities who have enacted this policy have not had any major challenges, other than the San Francisco case was mentioned by City Attorney Rapport. He discussed the advantages of conducting business with local businesses rather than out of town businesses, such as problem solving, call back times, and that local businesses would be in closer contact to the City. He acknowledged that local businesses who are awarded bids may strive harder to fulfill their contract since their local reputation is on the line. He felt it is appropriate to help small local businesses. Councilmember Ashiku advised that this concept upsets his concept of a free and open market. Should Ukiah enact such a policy and if Santa Rosa enacts such a policy, Ukiah's businesses will be affected when bidding on projects in the Santa Rosa area. He expressed the need to clarify the terms "local vendor" as noted in the ordinance provided in the Council packet. It could mean a local small businesses as well as the local Wal- Mart store. There is a need to have the information presented to Council quantified. Councilmember Libby clarified that the 5% preference, not to exceed $5,000, would only apply to bids over $100,000. She felt that the money which would remain in the community would far exceed what a 5% preference would cost the City. She explained that Lake County has a preference clause and when Ukiah businesses bid on their projects, they lose to Lake County businesses. The preference clause will help to circulate money in the Ukiah community and help local businesses, and that by keeping the money in Ukiah it will bring more money into local government. Councilmember Baldwin expressed a need for the definition of local business ownership, noting that the other cities did not use the connotation of "local business", which would allow a giant corporation to be considered a local vendor. The wage policy of vendors is of significant interest to him and he would like to see a wage policy that would guarantee all workers of the local business receive a "living wage". Councilmember Libby preferred to keep the wage rate issue separate from the preference clause. She expressed her concern with imposing a wage rate structure on a "Mom and Pop" business compared to businesses in the community that employ a larger number of people. She recommended the City Attorney conduct further research on the preference issue and would like to see the City and Mendocino County adopt a preference clause. Vice-Mayor Kelly felt that further analysis needs to be obtained regarding the amount of money this represents, as well as definitions, in order to make a sound decision on the matter. She recommended reviewing bids from the previous year to see how many times a preference would have made a difference. She supported the philosophy of supporting local businesses, while considering the wisdom of asking Ukiah citizens to financially supl~ort businesses and to have the City's funds be used in this way to subsidize local businesses, compared to other ways that Ukiah might otherwise spend those funds. Councilmember Ashiku reviewed some of the more recent bids in the City in which local contractors were awarded the contract. He wondered what the outcome may have been if the City had imposed a 5% preference. He supported the concept of supporting local businesses, however, there is a need for a full understanding of its implications and how it would work for the City. City Manager Horsley explained that Staff could contact cities who have this type of policy to get an understanding of how it has been working for them. Additionally, the legal issues regarding the matter need to be evaluated, as well as the cost to the City in previous years related to bids and the preference issue. Staff could also review bids that were awarded to businesses out of the Ukiah area which local bidders bid on, that would fall into the 5% preference. February 3, 1999 Page 7 City Attorney Rapport advised that with regard to any Public Works contracts with the City, the State Labor Code requires the City, in the contract, require the contractor to pay comparable wages. Richard Shoemaker, local contractor and member of the Mendocino County Board of Supervisors, advised that the preference issue is very important and has a lot of value, but is difficult issue to struggle with. He felt it is important to determine the definition of a "local business" and the importance of looking at the matter carefully. He discussed a County bid which was awarded to a Napa based contractor, however, their subcontractors were Ukiah based. This contractor bid against a Ukiah contractor who had subcontractors outside Mendocino County. City Attorney Rapport clarified that Councilmember Libby's request basically excludes any Public Works contract which would be subject to the Public Bidding Requirements under State law. Therefore, the preference clause would not apply to any large Public Works contract. Those affected would be contracts for supplies, services, and local purchasing contracts that are not subject to the State Iow bidding requirement. Councilmember Baldwin noted that San Jose recently adopted a "living wage policy" and felt the preference clause and "living wage policy" are tied together. He would be supportive of a preference clause if he knew "living wages" were being paid by contractors. City Manager Horsley advised that she will contact the City of San Jose regarding their "living wage policy". 8d. Approval of 1997 Annual Report To The California Integrated Waste Management Board (ClWMB) on Progress In Reducing ~olid Waste Deputy Public Works Director Seanor reported that the 1997 annual report to the California Integrated Waste Management Board (CIWMB) was prepared by Mike Sweeney, Manager of the Mendocino Solid Waste Management Authority (MSWMA). Mr. Sweeney also prepared all AB 939 reports to the State Waste Management Board. He reported that at a previous City Council meeting, Council requested that MSWMA update the Waste Generation Study. He explained that the 1996 diversion rate was 26.9%, based on a previous waste generation study in 1991. The diversion rate identified in the 1997 study is 37.8% which is a substantial improvement compared to the previous report. He recommended Council approve the Annual Report and authorize submittal of this report to the CIWMB. He discussed the procedure the City may take to receive a time extension for meeting the AB 939 requirements. A time extension of one or more years may be granted to any city or county if: a.) They city is making a "good faith effort" to implement the source reduction, recycling and composting programs identified in its source reduction and recycling element and b.) The city submits a "plan of correction" that demonstrates that the city will meet the requirements before the time extension expires. Mike Sweeney, Mendocino Solid Waste Management Authority (MSWMA), advised that the State requires that the City Council submit this report and noted the report includes the Waste Generation Study which was undertaken to more fairly present the official recycling rate of the City. The law, as written, requires the City of Ukiah to be at 50% in the year 2000. He advised that the only escape from that law is a request for more time in which to meet the 50% mandate, in which case the quality of the efforts that each municipality makes will be looked at by the Waste Board before they grant an extension. It was his hope that the City Council will keep a close eye on the recycling issues within the County and the City because unless 50% is achieved, the issue will be coming back to Council. Staff and MSWMA are proceeding in ways to assist the residents, businesses, and the local hauler to achieve higher recycling rates. One of the specific areas of emphasis is multifamily dwellings in the City. Americorp workers with MSWMA are assigned to that specific kind of outreach. He showed Council a sample of the informational door hanger which Americorp is in the process of attaching to every door of every apartment dweller in the City, written in English and Spanish, to ensure that they have complete information about recycling programs. He also distributed some stickers that MSWMA prepared specifically for apartment recycling containers to assure accurate information is provided February 3, 1999 Page 8 and contamination is minimized. Councilmember Baldwin inquired if smaller residential units, such as duplexes and triplexes, are part of the recycling bin program. Mr. Sweeney advised that it depends on whether each tenant has their own garbage service or if they rely on a dumpster. When they refer to a multi-family complex, they are referring to those complexes that have a centralized dumpster. Extra effort needs to be focused on those residents. MIS Ashiku/Libby approving the 1997 Annual Report to the CIWMB on progress in reducing solid waste and request MSWMA to forward the report to the CIWMB, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Vice- Mayor Kelly. NOES: None. ABSTAIN: None. ABSENT: Mayor Mastin. 9. CITY COUNCIL REPORTS Councilmember Libby reported attending an Economic Development and Financing Corporation (EDFC) meeting where the main discussion referred to attending trade shows to try to bring new business and industry to Mendocino County. They found that the three most striving industries in the state are software, telecommunications, and entertainment (by the use of computers). She attended the Redwood Empire Division of the League of California Cities meeting in Cloverdale with Vice-Mayor Kelly. The 1999 League priorities are revenue based protection, revenue return, infrastructure funding, the 2000 census process, and the Social Security mandate. She reported that the League plans to oppose any attempt of Congress to mandate new employees into the Social Security System. There was a very informative speaker at the dinner who spoke about her experience going through the Police Academy. Councilmember Baldwin reported attending a Russian River Watershed Community Council meeting. He conferred with Mayor Mastin and Mendocino County Supervisor Richard Shoemaker, who were also in attendance, and they updated him on the proceedings of the organization. Good news was announced by the Army Corps of Engineers that they have been granted $6 million to conduct a study of the impacts of the Eel River diversion. The Russian River Watershed Community Council is on the verge of deciding who is going to be an official member of the Council and who will have voting rights. This is an extremely controversial issue, primarily because of the group calling themselves "public members", in addition to the controversy surrounding whether elected officials will be ex-officio or whether they will be voting members. Their meeting concluded with a demonstration of a computer cataloging system that was used on the Klamouth River which projected and stored water flow information. Councilmember Ashiku had nothing to report. Vice-Mayor Kelly attended the Redwood Empire Division meeting of the League with Councilmember Libby in Cloverdale. She found the talk by the Chief of Police to be very informative and he stressed the difficulty recruiting and keeping qualified Police Department staff. He also spoke of the possibility of a joint regional recruitment effort so that different jurisdictions are not stealing officers from one another. The next Redwood Empire Division meeting will be held at Benbow Inn on April 10, 1999. She reported watching two training videos for Police Officers on how to work with mental health clients when there are situations where their behavior becomes enough of a problem in the community that Police Officers are called to the scene. She was impressed with the tapes and that a balanced team presented the tape. She discussed other efforts within the county to address mental health and law enforcement concerns. Police Chief Williams advised that all Officers of the Ukiah Police Department have seen both tapes and thought they were helpful. Currently a joint lesson plan is being developed as part of a grant program. He felt there will most likely be a County-wide training program available in the near future which would include law enforcement as well as fire fighting personnel. February 3, 1999 Page 9 Vice-Mayor Kelly reported the electric car is going to be available to the City this week and she is scheduled to drive it Friday. She attended a MCOG meeting and they passed the formula that was previously discussed about the additional funding that came to MCOG as a result of the reauthorization of ISTE^. Initially, it was thought they would get $8.2 million, but it has now been reduced to $7.826 million. The net result is that Ukiah will receive $980,000 instead of the $1 million first anticipated for local streets and road. She reported that MCOG will be going out for RFP for the new contract for the administrators for MCOG and hope to finalize this process by May 3, 1999, with the new contract to begin July 1, 1999. She reported that Mary Hiatt will not reapply and plans to return to LAFCO. She distributed a MCOG Newsletter to Councilmembers. She reported meeting with the Recreation Center group today and they are working hard to put together the proposal for CYA funds to build a youth serving facility. One of their concerns is that they need to have clearly identifiable land to build on because the identified site is the Montgomery Ward site, which is still up for discussion and negotiation. They feel they would like to have a back-up site whereby the commitments could be clearer in case they wound up with the money and no place to put the building. One of the suggestions proposed is to ask the City to commit the availability of the property behind Oak Manor School as a back-up site, since that is owned free and clear by the City. Kathy Hopper, grant writer, has indicated that any other piece of property could be substituted. If a more appropriate piece of property became available, however, it would strengthen the proposal to have actual property owned by the City. She advised that the group is meeting weekly at noon at the NCO office and everyone is invited to attend. 10. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley reported attending the Fire Department Appreciation Dinner and noted that Councilmember Ashiku and Mayor Mastin were also in attendance. Everyone's spirits were very high and many awards were presented. She reported that the City of Ukiah Employees Credit Union Dinner will be held on February 5, 1999. She reported that MTA voted to pay $70,000 for the Ukiah Depot Site to NCRA. MTA is proceeding with that agreement and NCRA is going forward. NCRA is proceeding with their RFP for their business plan, which is their next step in receiving CTC funding. They are also recruiting for their General Manager position. She noted sending a letter to Mike Sweeney thanking him for all his efforts on the Waste Characterization Study because it has made a tremendous difference in what the City's actual diversion percentages are. 11. CLOSED SESSION Richard Shoemaker addressed the Council concerning a Closed Session item. He apologized if his comments were "off the mark", but if they are relevant, he would appreciate Council's consideration. His concerns related to the possibility that Council is considering authorization of a settlement with regard to the Redwood Business Park and an offer, as part of that settlement which would include the relocation of an existing business from the County. He urged Council to find different ways to accomplish this and not use this type of requirement in the settlement, or to come to an agreement with the County for tax sharing. 8:30 p.m. - Mayor Mastin arrived at the meeting. 8:31 p.m. - Council adjourned to Closed Session. 11a. G.C. §54956.8 -Conference with Real Property Negotiator Property: A.P. No. 180-110-01 & 02 Owner: City of Ukiah Redevelopment Agency Negotiator: Candace Horsley Under Negotiation: Terms and Conditions No action taken. February 3, 1999 Page 10 11b. G.C. §54956.9(b) - Conference with Legal Council Regarding Anticipated Litigation - Sipnificant Exposure to Litigation, 1 matter No action taken. 11c. G.C. §54957.6 - Conference With Labor Negotiator Employee Unit: Fire Unit Negotiator: Candace Horsley No action taken. 11:30 p.m. - The City Council Reconvened from Closed Session. 13. ADJOURNMENT There being no further business the meeting was adjourned at 11:30 p.m. Marie Ulvila, City Clerk February 3, 1999 Page 11