Loading...
HomeMy WebLinkAboutMin 04-07-99MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, April 7, 1999 The Ukiah City Council met at a Regular Meeting on April 7, 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: Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. Staff present: Airport Manager Bua, Community Services Director DeKnoblough, Finance Director Elton, Assistant City Manager Flad, Personnel Officer Harris, Risk Manager/Budget Officer Harris, City Manager Horsley, City Attorney Rapport, Planning Director Sawyer, Museum Director Smith-Ferri, Senior Planner Stump, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Kelly led the Pledge of Allegiance. 3a. Proclamation: Ukiah Mentor Week: April 11-17, 1999 Mayor Mastin read the Proclamation designating April 11-17, 1999 as Ukiah Mentor Week. Jan Moore, representing the Mentoring Alliance, accepted the Proclamation and thanked the City Council for their support. She advised that the Mentoring Alliance is composed of various programs and activities and that brochures are available in the City's foyer. Joanna Olson, Case Manager for Big Brothers & Big Sisters of Mendocino County, advised that this summer will mark the 25th anniversary of their organization's location in Ukiah, serving approximately 100 youth per year. She thanked Council for their support. Chris Miller advised that he is a former "Little Brother" and is now a "Big Brother". He discussed his experiences and how the program has made a positive impact on his life. 3b. Proclamation: Ukiah Volunteers Week: April 18-24, 1999 Mayor Mastin read the Proclamation designating April 18-24, 1999, as Ukiah Volunteers Week. Dianne Marshall, a Mendocino County employee, thanked the Council for their support. She advised that this year they had 279 people nominated for the Volunteer of the Year Award. The nominees represent 65,000 hours of volunteer service for Mendocino County. She saluted the volunteers and noted that the winners will be announced on April 22,1999, at the Willits Community Center. 3c. Proclamation: April as Sexual Assault Awareness Month in Ukiah Mayor Mastin read the Proclamation designating April as Sexual Assault Awareness Month in Ukiah. Jeannie Shepard, representing Project Sanctuary, thanked Council and advised that they have served over 200 men, women, and children this year. On April 20, 1999, there will be a candlelight vigil walk beginning at the Civic Center and ending at Project Sanctuary. She discussed the need for education for young people to learn how to respect each other and to be able to have control over one's anger. Change in Status of Agenda Item Mayor Mastin advised that Item 8a, Public Hearing regarding introduction of an Ordinance Amending Article 21 (Definitions) of Chapter 2 (Zoning) of the Ukiah Municipal Code, is being continued to the April 21, 1999 meeting. 3d. Special Presentation by Sun House Guild Regarding Addition of New Grac~ Hudson Museum Wing Nancy Baltins, President of the Sun House Guild, reported that the City of Ukiah purchased the Hudson Estate in 1976, and in 1978 the Sun House Guild, a non-profit organization, was formed to assist the City in the renovation of the Sun House and to construct the Museum. Years of intense fund-raising has netted over $1 million and in April 7, 1999 Page 1 of 10 1986, the Grace Hudson Museum opened. The original Estate contained only four Grace Hudson numbered oil paintings. The Guild has sought to increase that number and now, through solicitations and donations, the Museum owns over 50 Grace Hudson oil paintings, which is the largest collection in the world. The Guild felt the time had come to expand the Museum in order to permanently exhibit the growing collection of Grace Hudson oils. They were contacted by the trustee of the Ivan Hart Estate who bequeathed $400,000 towards the Guild's expansion project. Mr. Hart's Estate had already given the Museum 19 Grace Hudson oil paintings. The Hart's funds, along with other donations, have put them at the halfway point of their goal of raising $1 million for building and operating costs. The new addition will be called the Ivan B. and Elvira Hart Gallery in honor of their generous benefactors. One of their upcoming fund-raisers is a community barbeque planned for June 6, 1999 and everyone is invited. Museum Director Sherrie Smith-Ferri presented slides of Grace Hudson's paintings as well as information coinciding with Mr. John Moon's presentation. John Moon, Treasurer of the Sun House Guild, advised that the building project is an opportunity for the Sun House Guild to expand on Ukiah's cultural legacy. Their mission is to acquire sufficient funds from private donors to build an addition to the current Grace Hudson Museum in order to have a dedicated gallery for Grace Hudson's art, and to provide ongoing operating expense funding for increased salaries, and pro-rata insurance and utility fees for the new facility. The new project will also allow for increased art storage capacity, provide a dedicated area for research, and expand the office and conference facilities. The current Museum is 8,400 sq. ft. and the new addition will increase the size to over 12,000 sq. ft. He discussed the project budget and advised that they will continue their fund-raising strategy, select an architect, and update construction costs. The Guild is looking for City Council and community support for their funding needs. Mayor Mastin complimented the Guild in the design of their invitations for the reception held on April 14. 4a. APPROVAL/CORRECTION OF MINUTES - Regular Meeting of March 17, 1999 Councilmember Kelly referred to Page 12, sixth paragraph, beginning with "Discussion by Council," and noted that she had asked whether there would be any change in our rights to claim access based on making an agreement with the Ruelle's, and City Attorney advised that there would be no problem with it. She would like her question emphasized in the minutes, noting that Council was clear that they were not giving away any rights by making the agreement with the Ruelle's. Councilmember Libby requested the following additions to the minutes concerning statements made in discussion of the Preference Policy and requested the City Clerk refer to the tape recording of the meeting for further clarification of the following items: In the discussion pertaining to the City Limits versus the County in giving a preference, she stated that she wanted to keep the relationship in our County positive and would not want to see a Willits-only, or a Fort Bragg-only ordinance emerge as a reaction to a Ukiah- only ordinance. In the discussion regarding the 1% versus the 5% preference, and a $1,000 versus a $5,000 cap, and the related discussion, she stated at the meeting that the lower figure would be used as a paper-only ordinance. She noted that Mayor Mastin stated Council would not be discussing a 1% preference for 45 minutes. MIS Kelly/Libby to approve the minutes of the Regular Meeting of March 17, 1999 with corrections, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None. S. RIGHT TO APPEAL DECISION Mayor Mastin reviewed the appeal process. 6. CONSENT CALENDAR MIS Kelly/Baldwin to approve Items a-d of the Consent Calendar as follows: a. Rejected Claim for Damages Received From Kathleen McMinn and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; April 7, 1999 Page 2 of 10 b. Adopted Ordinance No. 1017 of the City Council of the City of Ukiah Authorizing an Amendment to the Contract Between the City Council of the City of Ukiah and the Board of Administration of the California Public Employees' Retirement System; c. Received Report to City Council Regarding the Award of a Consultant Contract of Less Than $10,000 for the Preparation of a Habitat Enhancement and Flood Control Study for Orr Creek; and Approved of an Associated Budget Amendment; d. Approved Purchase of Used Front End Loader/Tractor For Parks and Golf Divisions from Big 4 Rents. Councilmember Libby inquired as to the reason for the study under Item "6c", and also the reason for the need to purchase a tractor under Item "6d". City Manager Horsley advised that the City has a responsibility for flood control and at the same time, a responsibility for the habitat and preservation of the streams. The City had a conference with the Dept. of Fish and Game and public members who felt that the City's practices were being harmful to the steam habitat. This study is being conducted to determine if the City can still perform its flood control duties while not harming the fish and other stream related habitat. With regard to Item 6d, she advised that money has been included in the budget for replacement of the tractor and noted that staff found a used tractor that is less expensive. She noted there was a three year period where the City did not purchase any new equipment due to budget restraints and Departments were asked to prioritize their equipment needs. With the deterioration of old equipment, staff continues to pursue good deals on equipment for replacements. Community Development Director DeKnoblough advised that the current tractor is still available but has been in continuous disrepair due to age and wear. After its replacement, it will then be included with the surplus property to be auctioned. The motion carried 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 Warren Sawyers, 1081 Helen Avenue, discussed the City's ambulance service and discussed recent court actions concerning Ukiah Ambulance Service and the City's ambulance, which is operated by the Ukiah Fire Department. He felt the City should not continue to operate an ambulance service for the Ukiah community. He advised that he will have his attorneys provide a letter to City Manager Horsley requesting information on this matter. He discussed the City's Planning Department and felt they do not carry out their duties. He advised that he has expressed his concern to the City Manager regarding the conduct of Building Inspector Tuliback and will be presenting a letter to Council regarding the actions of Planning Director Sawyer. It was his opinion that City Manager Horsley and Planning Director Sawyer have failed to address the actions of Building Inspector Tuliback. 8. PUBLIC HEARING (7:00 P.M.) a. Introduction of Ordinance Amending Article 21 {Definitions) of Chapter {Zoning) of the Ukiah Municipal Code Public Hearing continued to the April 21, 1999 City Council meeting. 8b. Adoption of Resolution Establishing Nominal Processing Fees for Discretionary Demolition Permits Planning Director Sawyer advised that on March 3, 1999, the City Council heard a proposal to establish fees for the processing of discretionary demolition permits pertaining to structures 50 years old or older. At that time, staff proposed a fee of $250, however, Council felt the fee was too high. The current proposal draws out the processing distinction between a simple, historically valueless demolition proposal, from one that requires more extensive California Environmental Quality Act (CEQA) processing, and attaches only out-of-pocket expenses to either processing scenario. Using this criteria, staff has assigned a fee of $95 to the CEQA-exempt projects, and $118 to projects April 7, 1999 Page 3 of 10 requiring an additional notice in the paper for the CEQA document arising from a project possibly having historical significance. 7:13 p.m. - Public Hearing Opened. Warren Sawyers, Ukiah, felt that the fee increase is another example of Planning Director Sawyer's thinking. He noted that the City's fees have increased over the years, with a reduction of efficiency. He felt the fee increase was contrived over the demolition permits for the St. Mary's Church. He disagreed with increasing the fees for demolition, with the exception of a major development project. He felt the proposal is absurd and he found it difficult to believe that Planning Director Sawyer was presenting such a proposal. Mayor Mastin advised Mr. Sawyers that this is not a personal issue prepared by Planning Director Sawyer and that, in fact, the matter was prepared by Director Sawyer at the direction of the City Council at a previous meeting. He advised that through Director Sawyer's work, the fee has been lowered from the original proposal. Mr. Sawyers proposed that the Mayor go into the community and speak with people who only make $400 per month, and he felt the Mayor lives in a glass tower. It was his opinion that poor people subsisting on $400 per month are impacted by other fees that the City imposes. 7:15 p.m. - Public Hearing Closed. Councilmember Libby advised that, as a Councilmember, she is always looking for ways to save the taxpayers money and she depends a great deal upon staff and their direction. At a previous meeting, she had asked staff if there was a way to lower the fee, and staff did not think so at the time. She thanked Planning Director Sawyer for taking the time to research and reevaluate the matter further in order to propose a lower fee. MIS Ashiku/Kelly to approve Resolution No. 99-36 Establishing Fees to Process Demolition Permits Requiring Discretionary Review and Approval, in the amount of $95 for CEQA exempt projects and $118 for projects not exempt from CEQA. Councilmember Baldwin advised that one of the reasons for fee increases since the 1970s is due to Proposition 13. Fees are a form of attempting to meet the costs of doing business. When a fee is not charged to recover costs, it's a form of subsidy to the applicant. Councilmember Ashiku thanked staff for their efforts and felt the fees are consistent with the costs. It was his opinion that the Planning Department has done a great job and noted that contractors he has spoken to have the highest regard for Building Inspector Tuliback. Motion carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None 8c. Adoption of Resolution Approving Community Development Block Grant {CDBG) Application - Ukiah Community Center Risk Manager/Budget Officer Harris advised that each year the federal government provides funds to the local governments through the state in the form of Community Development Block Grants (CDBG). In rural areas, applications are judged throughout California and there is a great deal of competition, whereas most urban areas receive their funding directly from the federal government. In each of the past two years, the City, in conjunction with the Ukiah Community Center (UCC), has applied for a General Allocation Community Development Block Grant (CDBG) to purchase the property and building within which UCC is housed, reduce existing debt, and provide additional funds for services. Those applications have been unsuccessful, but UCC is again pursuing CDBG funding for purchase of the property they are now renting. UCC's top priority is property purchase thus this year's application has been structured at $353,000, to cover the existing option to purchase and closing costs. The CDBG requires two public hearings prior to transmittal of an application to the State April 7, 1999 Page 4 of 10 Department of Housing and Community Development (HCD). The first public hearing was conducted by Staff on March 31, 1999, and identified what type of projects may be available for funding. The second hearing, which is currently being conducted, is to reiterate the facts presented in the first hearing, fully describe the proposed activity being applied for, the funding amount requested, time schedule, and how Targeted Income Group persons will benefit. He advised that the City has a long alliance with UCC and staff believes this grant will be a significant benefit to the entire community. He recommended Council's adoption of the resolution approving the grant application and authorizing the City Manager to act on behalf of the City for all CDBG application matters. City Manager Horsley reported that, with Assemblywoman Virginia Strom-Martin's new legislation, cities with a population of 15,000 or more would receive some of the same allocations as the urban cities. She noted that Cloverdale receives a direct allocation of $100,000 per year in CDBG funds with no competition. This legislation would assist some rural cities which are not in the urban counties receive some of these funds. 7:22 p.m. - Public Hearing Opened. Adam Cleft, 1242 Power House Road, Potter Valley, advised that he is a realtor in Mendocino County, Board member of UCC, and is supportive of the CDBG grant. He felt that the UCC is an asset to the community and the CDBG grant will allow more funds for more services. Councilmember Libby inquired as to the types of services provided by UCC. Mr. Cleft reported that UCC services include the Food Bank, Emergency Food Closet, a supportive housing program, the Crisis Line, as well as counseling services. Judy Judd, 650 Sidnie St, Ukiah, Executive Director of the Ukiah Community Center, expressed her appreciation for the City's support and the help of Mike Harris regarding their pursuit of CDBG funding. Should they be awarded a CDBG grant, it would allow the UCC to extend their energy towards other services, rather than fund-raising efforts for the purchase of property. She noted that previously they missed allocation by only a few points. Their overall plan is to address the needs of families on public assistance and to assist them to become employable. They expect to see a leap in needs with Welfare Reform as people reach the end of their time limits on welfare. She advised that if they can purchase the building, they would save, over a 20 year period, $424,296, which can be spent on human services. She noted that UCC has been in Ukiah for 28 years. They expect this grant to result in increased capacity to train people for employability, increase their food supplies at the Food Bank, increase the availability of the Emergency Food and Shelter Vouchers, and to develop a long term plan to meet increasing needs. She advised that UCC deals with basic emergency needs, crisis situations, assists individuals to find resources in the community such as housing in order to establish a basis for ongoing stability, and referrals to other agencies. Gordon Elton, 418 West Mill Street, President of the UCC, emphasized that UCC is supported by the community in volunteerism as well as donations. He discussed restrictions of some donations and the difficulty of obtaining funding to purchase the facility. The CDBG will provide a semi-permanent home to the organization and will allow for the redirection of the funds which had normally been spent for rent to be redirected towards services. He appreciated Council's support. 7:32 p.m. - Public Hearing Closed. MIS KellylAshiku to approve Resolution 99-37, Approving an Application and Contract Execution for Funding from the General/Native American Allocation of the State Community Development Block Grant (CDBG) Program and Authorizing the Execution of a Grant Agreement and Any Amendments thereto with the State of California for the Purposes of this Grant, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None. April 7, 1999 Page 5 of 10 9. UNFINISHED BUSINESS a. Approve Lease with Community Air for 1.590 Square Feet of Office St)ace at the Ukiah Repional Airport and Authorize City_ Manaper to Execute Apreement City Manager Horsley advised that this matter will be rescheduled on the Agenda after the Closed Session items. 10. NEW BUSINESS a. Discussion and Approval of Fundin~l Assistance to Boys and Girls Club of Ukiah to Fund Use Permit Fees Councilmember Kelly advised that she has been meeting with the Recreation Center group for several years and it has been their hope to establish a recreation center in Ukiah. The group has been experiencing frustration in locating a site and funding to construct a facility to house such activities. An integral part of this group has been the Boys and Girls Club of Ukiah. Although there has been the support of volunteer adults to move the Boys and Girls Club forward, they do not have a place in which to offer activities for youth in Ukiah. As a result of their discussions with the Recreation Center group, the Recreation Center has agreed to assist them in support of their goal of beginning their programs this summer in a building that they will be renting at 108 West Clay Street in Ukiah. As part of operating this program at this location, the Boys and Girls Club of Ukiah needs to apply to the City for a Use Permit that has a fee of $450. She requested of Council, in the spirit of showing support for this program, that $450 from the Council's discretionary account be allocated to cover the Planning Department's fee for the Use Permit. This will allow $450 from the Boys and Girls Club funds to go directly towards programs to benefit youth in the community. Councilmember Ashiku requested clarification regarding the account which the funds would be taken. City Manager Horsley advised that the funds would not be drawn from Council's discretionary fund, but rather the Community Outreach Fund as it would be more appropriate for the fees for the Use Permit. She noted that, with the redesign of Council's office and other expenses, it was unknown if funds would still be available in Council's discretionary fund. Councilmember Kelly clarified her requested of Council's support of the Boys and Girls Club through allocation of funds from the Community Support Fund to cover the Use Permit Fee. Councilmember Libby inquired as to the types of activities offered by the Boys and Girls Club. Hugh McAvoy, 169 Park Place, Ukiah, President of the Boys and Girls Club of Ukiah, thanked Council for their consideration of this matter. He advised that the Boys and Girls Club is a startup operation and every dollar counts. A few years ago the City Council gave the Boys and Girls Club of Ukiah $500 and it planted a seed, which was incorporated into a non-profit organization. Over the years their roots have developed and they will soon be ready to open their doors to serve kids in the community. Any time they can provide programs that help support kids and provide them with a safe, well-lit place to be is going to strengthen the community. They anticipate opening on July 1, 1999. The Boys and Girls Club's primary function is to provide a facility-oriented program for kids. Through that basic program, they offer tutoring, mentoring, arts and crafts, and many community service programs. They are currently looking at the Cloverdale Boys and Girls Club as a model since they have a great operation and plan. Cloverdale has a library, computer room, cafe, kitchen, game room, and they recently built a gym. He presented a picture board of the Cloverdale Club and included a photo of the proposed Ukiah site on Clay Street. The target age group is 6-18 years old, however, the actual ages are 6 to 12 or 14 years old. There are other programs that they hope to develop to serve the older kids. It is their belief that those kids, beginning at the age of 6, will continue in the program until they are 18 years old as volunteers and mentors back into the Club. MIS Ashiku/Libby to approve funding request in the amount of $450, to the Boys and Girls Club of Ukiah for Use Permit Fees from Community Outreach Fund account April 7, 1999 Page 6 of 10 100.1945.651.000, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None 11. CITY COUNCIL REPORTS Councilmember Libby reported attending a meeting of the Main Street Program and they are currently working on a project to extend their boundaries. This proposal will be presented to the City Council in the near future. She attended a meeting of the Economic Development and Financing Corporation and they are working on their Web site which should increase business interests in the community. Councilmember Baldwin had nothing to report. Councilmember Ashiku had nothing to report. Councilmember Kelly reported attending the League of California Cities Policy Committee on Community Services and there was discussion of the Y2K problem. One of the cities addressed the problem as a way of organizing community disaster preparedness and their approach was to link different entities/agencies together when problems arise, and that they will deal with communications when and if Y2K creates stress and deprivation on the part of the populace. They are also developing pools of volunteers in neighborhoods to address issues of public safety, and having one person in the neighborhood to be responsible for housing food, water and emergency supplies on a volunteer basis. The committee discussed whether this approach was overkill or could be useful in the event of fire, flood, or other types of community disasters. When approached by members of the Ukiah community as to what the City of Ukiah is doing to prepare for Y2K, she refers them to Assistant City Manager Mike Flad. She discussed applications for the Helen Putnam Award for Excellence, noting that last year she sat on the selection committee. She advised that communities nominate exemplary projects in their jurisdiction within the categories of youth development, community services, arts, and quality of life. She discussed the possibility of the Sun House Museum being nominated for such an award in the future. She reported attending a MCOG meeting, noting that MCOG has been administered by Mary Hiatt and Associates for many years. This year MCOG put together a Request For Proposal (RFP) and Mary Hiatt announced she would not be an applicant. There was only one applicant in the RFP process, Phil Dow and Associates, who had a contract with MCOG for many years as a planner. Because Mr. Dow has been paid under a separate contract to do planning for MCOG, he has all the appropriate credentials, and he has received funds to do the Safe Program, which involves the installation of phones on the freeway throughout the County. Because he is able to collapse those programs into the overall administration and planning of MCOG, there will be a net savings of $32,000 a year under this contract. The value of having the entire operations of MCOG redescribed, based on significant changes in funding of SB45, has resulted in a positive approach to how thing are administered. MCOG accepted Mr. Dow's contract, with some minor changes, effective July 1, 1999. She advised that there has been a policy change for MCOG to meet on a monthly basis, with the exception of July and one month in the winter, for a total of 10 meetings per year. Previously they were meeting on a quarterly basis. Councilmember Kelly advised that she applied for the position of Mental Health Director for Mendocino County with the hope of, should she be accepted, remaining on the City Council. She has now received an offer for appointment to that position contingent upon her resigning from the City Council. She advised that she will be resigning from the City Council, effective April 12, 1999, and accepting the position of Mental Health Director for Mendoino County. She distributed her letter of resignation to the Council as well as a copy of the letter from County Counsel Klein stating why he determined it would be a matter of "incompatibility of office" for her to serve on the City Council while holding the position at the County. She advised that she has enjoyed being a Councilmember and working with other Councilmembers. She felt City Manager Horsley is an extraordinary City Manager April 7, 1999 Page 7 of 10 and the City should feel very lucky to have someone with her abilities. She discussed her interests over the years and noted that Mayor Mastin has agreed to become involved in the Skateboard Park in her absence. She noted it will be difficult for her to not be part of the City Council. City Attorney Rapport advised that the decision by County Counsel is based on court- made law, rather than part of the Fair Political Practices Act. There is a principal of law developed by the courts that if the functions of two public offices compromise the public official's ability to be completely loyal to their responsibilities in two public positions, they can't hold those offices at the same time. He was of the opinion that the County Counsel is probably more aware of the functions of the Mental Health Director than he is, and has analyzed the duties of that position and City Councilmember to determine that there were enough potential conflicts between the duties that Councilmember Kelly could not maintain her obligations to both the City and County at the same time. Councilmember Ashiku congratulated Councilmember Kelly on her appointment, while expressing his sadness in her departure from the City Council. He enjoyed working with her as a Councilmember and felt the community will be tremendously served by her in this new capacity. Councilmember Libby was sorry that Councilmember Kelly had to resign from her position but felt she will be an asset to the County. Mayor Mastin advised that he met earlier with Councilmember Kelly and felt she has been an excellent Councilmember and that the County is getting a great person. He questioned the County Counsel's opinion on the matter. City Manager Horsley thanked Councilmember Kelly for everything she has taught her during the past years. She has helped her to see things differently and to open her eyes to the community and to be more acceptive to change. She expressed her pleasure working with her and is sad to see her leave the City Council. ,She understood that it was her career choice. Councilmember Kelly advised that in her letter of resignation, she has changed the effective date to Monday, April 12, due to an important meeting that she had planned to attend with Mayor Mastin on April 12. Her appointment with the County will take place on April 13, 1999. Councilmember Baldwin noted that he has not had much time to get to know Councilmember Kelly, but felt it will be difficult to replace her as a Councilmember should Council not hold a special election. He questioned the possible conflict of her new position and that of a City Councilmember City Attomey Rapport advised that it is County Counsel Klein's opinion that the position of Mental Health Director and City Councilmember are significant public offices and referred to his letter which details the duties of the Director. Councilmember Kelly advised that she had discussed the matter with City Manager Horsley and Mendocino County Administrator Scannell, and the matter was referred to County Counsel for an opinion. Mayor Mastin advised that the matter of filling the vacancy on the City Council will be included on the May 5, 1999 agenda. Councilmember Ashiku advised that he will be unable to attend the City Council meeting on April 21, 1999, and encouraged the remaining three Councilmembers to attend the meeting in order to form a quorum. City Manager Horsley advised that the April 21, 1999 meeting is scheduled to begin at 5:30 p.m. She noted that the session related to Budget Goals and Objectives will be held at the beginning of that meeting. April 7, 1999 Page 8 of 10 Mayor Mastin discussed representation on MCOG and noted that Councilmember Libby is the altemate. It was determined that Councilmember Libby will attend the May 5 MCOG meeting. Councilmember Kelly discussed the regional League of California Cities meeting to be held in Garberville on April 10. She will give her policy report to the City Manager for that meeting. She discussed the vacancy on the League of California Cities Policy Committee. Mayor Mastin discussed a trip he took to Arcata where he toured their skateboard park. He discussed the facility, noting it is located across the street from a public park, and everyone seemed to be having a good time. During his trip, he also had an opportunity to tour transfer stations in Arcata and Eureka. He discussed the interim transfer station in Arcata, operated by ECDC, and felt it was a very clean operation, no seagulls present, and located in an industrial area with rail access. He also toured a site near the Bayshore Mall in Eureka. He noted that there were many seagulls present and the site looked more like a landfill, and did not appear to be as well run as the Arcata operation. He now has some form for comparison. He reported on a four-part series beginning April 17, 1999, offered at Mendocino College, titled Today's Child, running four consecutive Saturdays. The series is aimed at senior citizens and addresses children today and the problems they face in the event that a senior citizen is called upon to be a surrogate parent to them. The series is funded by Mendocino College and is free to the public. 12. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley distributed an invitation to Council from the Police Department to a seminar in August regarding the COPS program and what it means to our community. She advised that she sits on the subcommittee for NCRA's business plan and consultant work, and reported they received their business plan yesterday. She felt the plan is very positive and there are solid funding ideas, especially if the state will release them from repaying the Q-fund. They are currently conducting a search for an Executive Director. Mayor Mastin advised that should a Councilmember not be able to attend the April 21 meeting, there will not be a quorum and the meeting will need to be rescheduled. City Manager Horsley advised that a member of the audience would like to speak to Council concerning the matter of the Community Air Lease Agreement. Mike Wetzel, 49 Betty Street, advised that he is a member of the Airport Commission, although he is not representing the Airport Commission at this meeting. He advised that he has observed many changes in Community Air's proposals. Community Air began with the proposal of Ukiah being their headquarters and maintenance facility, and now Ukiah will only be a stop along the way. With regard to their lease of the FAA building, he felt they should be charged the same as everyone else at the Airport. If they were to use the building in conjunction with having their main facility at the Airport it would be different, but now they are just making Ukiah a stop. He felt there are other proposals available that would be more beneficial to the Airport, such as the proposal of Mr. Bishop. He felt Mr. Bishop should have the same considerations as Community Air. It was his opinion that other services at the Airport would be more of a service to the community because they will be there longer than Community Air. It is conceivable that Community Air would not remain at the Airport a year if they find Ukiah is not a popular stop. He felt all leases should be treated equally. 8:20 - Recessed. 8:30 p.m. - Reconvened and Adjourned to Closed Session. April 7, 1999 Page 9 of 10 13. CLOSED SESSION a. G.C. §54956.8 -Conference With Real Property Negotiator Property: F.A.A. Building Owner: City of Ukiah Negotiator: Candace Horsley Under Negotiation: Price and Terms of Payment b. G.C. §54956.9(b) - Conference With Legal Council Regarding Anticipated Litigation - Significant Exposure to Litigation, 1 Matter 9:30 p.m. - Reconvened. 9. UNFINISHED BUSINESS a. A_oprove Lease with Community Air for 1,590 Square Feet of Office Space at the Ukiah Regional Airport and Authorize City Manager to Execute Agreement MIS Kelly/Ashiku to approve the Lease Agreement with Community Air for 1,590 square feet of office space at the Ukiah Regional Airport, and to authorize the City Manager to execute agreements, with the following changes to the Lease Agreement: 1. City approval of a flight schedule required. 2. Technical changes recommended by City Attorney. Motion carried by the following roll call vote: AYES: Councilmembers Libby, Ashiku, Kelly, and Mayor Mastin. NOES: Councilmember Baldwin. ABSTAIN: None. ABSENT: None 14. ADJOURNMENT There being no further business the meeting was adjourned at 9:33 p.m. Marie Ulvila, City Clerk April 7, 1999 Page 10 of 10