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HomeMy WebLinkAboutMin 05-05-99MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, May 5, 1999 The Ukiah City Council met at a Regular Meeting on May 5, 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, and Mayor Mastin. Staff present: Public Utilities Director Barnes, Community Services Director DeKnoblough, Finance Director Elton, Fire Marshal Evans, Assistant City Manager Flad, Risk Manager/Budget Officer Harris, City Manager Horsley, EMS Coordinator Hutton, Police Officer Inman, Senior Civil Engineer McKeon, Public Works Director Kennedy, City Attorney Rapport, Fire Chief Sandelin, Senior Planner Stump, Police Chief Williams, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCF City Manager Horsley led the Pledge of Allegiance. Mayor Mastin advised that an emergency action arose after the agenda was posted and there is a need to take action before the next regularly scheduled meeting for: Agenda item 3d: Proclamation-May 8, 1999 as National Letter Carriers (NALC) Food Drive Day in Ukiah; and Closed Session Agenda item 12a: C.C. §54956.9(b)(1) - Conference With Legal Counsel Regarding Pending Litigation - Existing Litigation - 2 matters: Redwood Business Park v. City of Ukiah, Mendocino County Superior Court Case No. 77517 and Redwood Business Park v. City of Ukiah, Mendocino County Superior Court Case No. 77252 MIS Ashiku/Libby to add Emergency Item 3d to the Regular Session and item 12a to the Closed Session for the above referenced emergency matters as time is of the essence, carried by the following roll call vote: AYES: Libby, Baldwin, Ashiku, and Mayor Mastin. NOES- None. ABSTAIN: None. ABSENT: None. 3a. Mayor Mastin read the Proclamation designating May 16-22, 1999, as Emergency Medical Services Week in Ukiah. EMS Coordinator Hutton accepted the Proclamation on behalf of all paramedics, hospital emergency staff, and fire fighters. He noted that EMS is not always an easy job and it is nice to receive recognition from Council. He is very proud of his staff. 3b. Proclamation: May 9-15, 1999 as Police Week in Ukial' Mayor Mastin read the Proclamation designating May 9-15, 1999, as Police Week in Ukiah. Police Chief Williams and Officer Inman, President of the Police Officers Association, accepted the Proclamation on behalf of the Ukiah Police Department. Chief Williams thanked Council for honoring the men and women in law enforcement and commended them for the job they perform for the community. These individuals include uniformed personnel, detectives, and dispatchers, who give 100% each day. 3C. Public Works Director Kennedy introduced Cathy McKeon as the City's new Senior Civil Engineer. Cathy is a California Registered Civil Engineer with over 15 years of engineering experience in both the private and public sectors. She received her Environmental Resources Engineering degree from Humboldt State University while working for Caltrans as an Engineering Assistant. There she worked her way through the ranks to a Civil Engineering position performing a variety of functions including design, construction, and surveying. In 1993, she accepted a Project Engineer position with Rau and Associates, a local consulting firm in Ukiah. To further broaden her experience, she accepted the City's offer of employment as the Senior Civil Engineer. Cathy is married to Matt McKeon, a native May 5, 1999 Page I of 13 of Ukiah and a professional engineer for Caltrans, and they are the proud parents of a 21 month old daughter, Elizabeth. 3d. Proclamation: May 8, 1999 as National Letter Carriers Food Drive Day in Ukiah Mayor Mastin read the Proclamation designating May 8, 1999 as National Letter Carriers Food Drive Day in Ukiah. Kevin Murphy, representing the Ukiah Food Bank, and Bob Kasselton, representing the U. S. Postal Service, accepted the Proclamation. Mr. Kasselton thanked the City for their support and noted that the NALC and the Postal Service are happy to be able to help the community in this way. Mr. Murphy advised that they are before Council because there are people in Ukiah who are hungry. The annual Food Drive is a big help to the Food Bank and they appreciate the community's help. 4a. APPROVAL OF MINUTE~ - Regular Meeting of April 21, 1999 MIS Libby/Baldwin to approve the minutes of the Regular Meeting of April 21, 1999, as submitted, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Mastin. NOES: None. ABSTAIN: Councilmember Ashiku. ABSENT: None. 5. RIGHT TO APPEAL DECISION Mayor Mastin reviewed the appeal process. 6. CONSENT CALENDAR City Manager Horsley reported that a revised contract with Wittman Enterprises was distributed to Council as item 6e. City Attomey Rapport advised that paragraph 10, the limited liability provision, has been changed, noting he spoke with the contractor concerning proposed alternative wording, and that section has been revised. Councilmember Libby inquired about item 6f, landscape design services for Observatory Park, regarding the estimated time frame from when the land was given to the City and the deadline for the City to invest in conversion of the land into a park. City Manager Horsley reported that the City was given the property by the Federal government approximately five years ago, and because of funding limitations and staff changes, they were unable to start the project last year. However, they were given an extension and the report was recently submitted, showing our time line for this year and next year. If the City doesn't meet the time line, the Dept. Of Interior could take the property back. MIS AshikulBaldwin to approve Items a-f of the Consent Calendar as follows: a. Awarded Bid for FIoway Vertical Mixed Flow Pump to Floway Pumps for the Sum of $23,746 Plus Tax; b. Awarded Bid for Stationary Samplers to Oratech Controls for the Sum of $9,410, Plus Tax; c. Awarded Bid to Rinehart Oil, Inc. For Supply of Petroleum Products for City Facilities in the Amount of $29,663.35; d. Awarded Contract to KBR Construction for ADA Curb Ramps, Phase 3, Specification No. 99-03, in the Amount of $18,738, and Approved Budget Amendment; e. Approved Contract with Wittman Enterprises for Ambulance Billing Services; f. Approved Contract for Landscape Design Services for Observatory Park with Sangiacomo Landscape. The motion carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address the Council. May 5, 1999 Page 2 of 13 8. UNFINISHED BUSINESS a. Ado_orion of Ordinance Amendinp Division 6, Chapter 3, Articles 1 and 2. am~' Chapter 6 of the Ukiah Municipal Code. Entitled Respectively, Fire Preventior. Code and Outdoor Burnin_n Fire Chief Sandelin advised that before Council is a request for adoption of an Ordinance amending Division 6, Chapter 3, Articles 1 and 2, and Chapter 6 of the Ukiah Municipal Code, entitled respectively, Fire Prevention Code and Outdoor Burning. He noted that the majority of this work has been done by Fire Marshal Evans. Fire Marshal Evans advised that the purpose of the proposed Ordinance is to adopt the California Fire Code, which is updated every three years. Some local amendments and minor administrative changes have been applied to the Code. He requested Council approve adoption of the Ordinance as presented. City Attomey Rapport advised that the proposed Ordinance was introduced at Council's last meeting and the reason it is being heard as Unfinished Business, rather than placed on the Consent Calendar, is because there was not a unanimous vote of Council at the previous meeting since Councilmember Ashiku was absent. Al Beltrami, Ukiah resident and employed by the Mendocino County Employers Council, took an exception to the proposed Ordinance with regard to the State Gode which requires sprinkling for 16 units. It was his opinion that if the State requirement is for 16 units, it should be good enough for Ukiah as well. Fire Marshal Evans advised that the State Code requires sprinklers for 16 or more residential units and the proposed Ordinance is for 5 or more units. He reported that the State sets the basic Code at 16 units. Staff is proposing 5 units because it is recognized by the Insurance Services Office (ISO), which begins recognizing residential sprinkler units at 5 units. Upon contacting local insurance agents, he found that they provide 10- 20% premium reduction for residential sprinkler systems. This is not something that is unusual to Ukiah and there are several other surrounding cities who have similar Ordinances which are more restrictive by saying that "any" residential unit will be sprinkled. He noted that major fires occur in larger units. He discussed ISO recognition and noted that it will recognize a certain insurance rate based upon a variety of factors and they will grant this insurance rate locally on an individual basis for particular structures, beginning at 5 units. He noted that information was presented to Council at their previous meeting regarding fires which occur in residential structures. Staff's objective is to make Ukiah a fire safe place to live. Staff is willing to work with architects and developers, and noted there are exceptions which can be applied to these methods. He advised there is a directive in the General Plan to move toward a more fire safe community. MIS BaldwinlAshiku to adopt Ordinance No. 1018 Amending Division 6, Chapter 3, Articles 1 and 2, and Chapter 6 of the Ukiah Municipal Code, Entitled Respectively, Fire Prevention Code and Outdoor Burning; carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None. 8b. Ado_orion of Ordinance Amending Article 21 (Definitions) of Chapter 2 (Zoning) ..of the Ukiah Municipal Code Senior Planner Stump advised that on April 21, 1999, the City Council voted 3-0 to introduce the Ordinance revising the Zoning Code definitions. The new definitions provide terms that accurately reflect current planning practices and principles, and include new terms used in the text of the recently revised Zoning Districts. It is on this agenda as Unfinished Business because there was not a unanimous vote at the previous meeting, since there were only three Councilmembers present at that time. MIS AshikulBaldwin to adopt Ordinance No. 1019 Amending Article 21 (Definitions) of chapter 2 (Zoning) of the Ukiah Municipal Code; carried by the following roll call vote: AYES- Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None. May 5, 1999 Page 3 of 13 8c. Adoption of Ordinance Addin_u Section 1523 to Chapter 6. Division 1 of the Ukiah City Code Providin(] for a 5% Biddincj Preference for Local Businesses City Manager Horsley advised that at the April 21, 1999 City Council meeting the Ordinance providing for a 5% local bidding preference was introduced by a 2-1 vote of the Council, with one Councilmember absent. Adoption of the Ordinance is now before the Council. Mayor Mastin advised that Council is in receipt of a Memo regarding Ukiah Paper Supply's support of the proposed Ordinance, as well as communication from the Mendocino County Employers Council voicing their support. Ed Hamett, Ukiah, spoke against the Ordinance. He opposed preferential treatment for some local businesses and noted that the City Council is supposed to represent the people. Although the aspect of a living wage is not part of the proposed Ordinance, he felt Council should consider adopting such an Ordinance. He felt the preference could be abused and some local businesses could use it as a front to bid for businesses outside the City. He discussed social problems, such as hunger, unemployment, and a Iow wage scale in Ukiah and felt these matters are more important than a preference for local businesses. He suggested that if Council really wanted to help businesses and residents, they would lower the electrical rates in the City. John Mayfield, Willits resident, opposed the Ordinance. Although he lives outside of the City limits, he does business in Ukiah and was of the opinion that Ukiah is not a friendly place to do business. He discussed his recent purchase of a Ukiah business. He felt the preference Ordinance would be difficult to administer, enforce, and would be a gross mistake. He felt the recent adoption of the Ordinance to revise the Fire Code will increase the cost of rental housing in Ukiah. He encouraged the City to allow the bidding process to be open and competitive. He felt the City should become more involved with outreach programs that encourage businesses to be more competitive and to participate in the bidding process. It was his opinion that if he is not competitive, he should not be doing business here. Al Beltrami, Ukiah, advised that his organization does not represent "big business," however they represent 160 businesses with a spectrum from "big business" to retirees, as well as many "mom and pop" stores. The City has a lot of mom and pop stores and they are the people who tend to pay most of the taxes. The MCEC upholds the adoption of positive steps by the City of Ukiah to indicate support for local businesses and employers within the City and the County. He felt Councilmember Libby is to be commended for bringing this issue to the forefront, and for proposing an Ordinance which closely imitates existing Ordinances in other cities and counties. The business community, often penalized by fees, charges, and regulations, also needs to be supported by local government whenever legally and philosophically appropriate, since this private sector provides employment as well as revenue to the City. In their review of this issue, there is a strong consensus that the present bidding system is not responsive to local small businesses. Many of the local members do not respond to City bids, since they believe the effort of completing a bid form is futile, if there is a possibility that they can lose to an outside firm by as little as $1. MCEC urges Council to direct City administration to develop a strong purchasing outreach program for local businesses, provide for better understanding of City purchasing needs, and soliciting responsive local bids. Councilmember Libby thanked the Greater Ukiah Chamber of Commerce, which is the largest representative of Ukiah businesses that endorsed the Ordinance. At the last Council meeting, Councilmember Baldwin indicated that he would support the Ordinance if it were not for all the money that goes to Wal-Mart, Staples, and Standard Oil that he felt would happen with the local preference Ordinance. She reported that Supervisor Richard Shoemaker sent a letter to the Ukiah Daily Journal (UDJ) and felt that some of the information in his letter is inaccurate. In order to clarify some of the issues, she submitted a letter to the UDJ and had hoped her letter would have been published prior to this meeting, but it was not. She read some excerpts from her letter to the UDJ into the record to clear the record concerning Councilmember Baldwin's concerns in hopes that he will reevaluate his concerns. May 5, 1999 Page 4 of 13 She read excerpts from her Letter to the Editor, in response to Richard Shoemaker 4/28/99, "What's a local business?" It was her opinion that Wal-Mart and Staples play virtually no part in the local preference Ordinance before the City Council. These stores are the recipients of City purchases but not from the competitive bidding account that is the subject of the Ordinance. She advised that Wal-Mart and Staples are retail stores who rarely participate in the bidding process. In 1998, Wal-Mart and Staples combined to participate in four bids and noted that these bids did not have any other bidders, which totaled $3,623 of the $1.4 million bids. But they also received $12,995 through the open purchase order process, which is not related to the local preference. She stressed that reinvesting in our community, supporting our local businesses, and building bridges between local businesses and the City are real key issues. Councilmember Baldwin inquired as to why it is being called a "local preference" Ordinance. Councilmember Libby advised that businesses in the County would receive a 5% preference when they bid against a business outside the County. If the bid includes all County businesses, then the preference would not apply. She advised that the local preference would not apply to Public Works projects because they have their own state regulations that must be followed. The local preference is geared toward small businesses and to build bridges that will encourage them to respond to bids. Councilmember Ashiku referred to Agenda item 6f, award of contract for landscape design services, and noted that RFP's were submitted to four local firms and only one responded. His concern is to not erect barriers, but felt Council should focus on tearing down barriers. Just because neighboring counties have a preference Ordinance does not mean we need to participate in that process. He felt we should be encouraging these jurisdictions to remove these barriers so that our local businesses have an opportunity to expand into those markets without being placed at a competitive disadvantage. He found it difficult to support the findings for the Ordinance and questioned what is the true buying power of local businesses. Councilmember Libby advised that she spoke to many local businesses and their concern is not so much with regard to competitiveness, but that they may lose a bid for as little as $10 to an outside business. This money could be reinvested in our community and support our businesses, but is going out of the area. If the City had the preference in 1998, she felt more local businesses would have participated in the bidding process and it would have only cost the City $1,100. Councilmember Ashiku briefly discussed the $30,000 which Councilmember Libby previously mentioned would remain in the community. He discussed products being manufactured outside of Ukiah and the difficulty with keeping profits in Ukiah. He did not see the proposed preference Ordinance assisting businesses in this way and was unable to make the findings based on what has been presented. He was of the opinion that instead of erecting barriers, the City should encourage surrounding jurisdictions to remove their preferences in order to allow our businesses to expand beyond the purchasing power of the City of Ukiah. In order to have healthy businesses, they need to expand their market. He discussed the idea of a "global economy" and encouraged businesses not to isolate themselves in Ukiah. He felt that if a business is said to lose a bid by $1, then perhaps they shouldn't be in business because the concept of being in business evolves around being competitive and part of being in business is experiencing success as well as failure. Councilmember Baldwin was of the opinion that a preference would amount to a form of subsidy to business because it is a tax expenditure. He felt it is a tax subsidy to businesses, both locally and multi-nationally.. A multi-national business would qualify for a preference if they obtain a business license from the City. The preference forgets the percentage of the our citizens who pay taxes but struggle every month to make ends meet. He did not see the preference as providing a socially redeeming value to the community. However, he could support the Ordinance if it was amended to include locally owned businesses that pay a living wage and comply with all requirements of their Use Permit, particularly with regard to signage and landscaping. In his opinion, they would deserve May 5, 1999 Page 5 of 13 a preference because it would have a socially redeeming value. He felt the proposed Ordinance will only increase the already substantial benefit in the bidding process of outside corporations which have established their business in Ukiah, have over locally owned business. He cited an example of Friedman Brothers, noting they will be gaining an advantage over the other locally owned lumber companies in Ukiah. Councilmember Libby reiterated that the preference would not apply if only local businesses participated in the bidding process. Councilmember Baldwin expressed a concern with garbage haulers and the bidding process. He felt a need to remember that giant corporations who happen to do business in Ukiah, don't keep their profits in this community. However, they will all qualify for the "citizens of Ukiah subsidy." He preferred that the Ordinance apply to locally owned businesses who pay a living wage. Councilmember Libby inquired if the Councilmembers reviewed staff's analysis of the 1998 bids presented at the last meeting. She pointed out that Friedman Brothers was not on the list. She noted the jobs and sales tax that these types of businesses bring to the City. She questioned if we should do business with the Ukiah Daily Journal because they are corporately owned outside the area. It is important to look at the whole picture. She noted that many of Councilmember Baldwin's concerns do not apply to the competitive bidding account, but rather open purchase orders. Wal-Mart and Staples were only listed four times in the analysis and their bids were uncontested, as no other business submitted a bid for the product. Mayor Mastin expressed his support for the proposed Ordinance. Upon a already have review of 1998's analysis, he felt the $1,100 expense to businesses for a local preference would be money well spent by the City. MIS LibbylMastin to adopt Ordinance Adding Section 1523 to Chapter 6, Division 1 of the Ukiah Municipal Code Providing for a 5% Bidding Preference for Local Businesses; 'failed to pass with a majority vote, by the following roll call vote: AYES: Councilmembers Libby and Mayor Mastin. NOES: Councilmembers Baldwin and Ashiku. ABSTAIN: None. ABSENT: None. 8d. Discussion Regarding Arborist Services for Evaluation of Median Trees on Seminary_ Avenue Community Services Director DeKnoblough advised that at the March 17, 1999 meeting, the Council considered a proposal to remove and replace the Deodora Cedars located in the median strips on Seminary Avenue between State and Oak Streets. At that time, Council directed Staff to obtain a second opinion from a second arborist. Staff procured bids from arborists, however, the three arborists contacted were from Sonoma County and were willing to travel to Ukiah to complete the evaluation. Their costs for services ranged from $90 per hour to $120 per hour. Each arborist estimated approximately 12 hours, including travel time for preparation. The cost for this service would exceed $1,200 and he explained that this cost was not available to Council at their previous meeting. During staff's discussions with each arborist, all indicated familiarity with Mr. Phillips' work and professional reputation, and each indicated a strong likelihood of agreeing with his findings. Discussion followed regarding Staff's report, support of Mr. Phillips' work as an arborist, concern for falling dead tree limbs, and the beauty of the trees. Councilmember Baldwin noted that the trees are green now, however, the arborist cautioned to not let the spring foliage fool us regarding the health of the trees. He discussed other trees in the community that are beautiful but have dead limbs. It was his opinion that the trees not be removed at this time. Councilmember Ashiku reflected back to the previous meeting and noted that some of the problems that were anticipated with having the trees remain while implementing the landscaping program, meant that subsequent removal of the trees would also involve removal of their massive root systems and may destroy the planting effort. He inspected May 5, 1999 Page 6 of 13 the trees and found a couple healthy trees but the others are in a sad state of decline. Councilmember Baldwin made a suggestion that Council take a recess to look at the trees. City Manager Horsley noted that there is a higher liability for the Deodora's than for other types of trees because of the species of tree. This was one of the reasons it is suggested they be removed. She discussed a species of oak tree that drop dead limbs during a certain time of the year. She reported that the City has received a contribution from an anonymous donor who expressed concem for the trees because one limb almost hit a car that was parked in the area, and they would like to have safer trees planted. Discussion followed conceming the possibility of planting in two sections, since there are two blocks, each with their own median strip. It was noted by staff that planting each block separately could be done, however, because the City has received funding for this project, it is economically more feasible to have the two blocks completed as one project. This would save the City approximately $10,000 in the long run. The donation is for $20,000 and the project is estimated to cost approximately $20,000. City Manager Horsley advised meeting with a citizen who does most of the design landscaping at the museum and its park, who suggested that the City might think about removing the trees in the middle and plant the trees along both sides so that it would coincide with the Civic Center's trees which line both sides of the streets. It was noted that the trees in the median provide shade for parking along the median. Community Development Director DeKnoblough advised that if the project were to be completed in two phases, there is a good chance that the cost would increase. The majority of the funds allocated would cover replanting of trees and landscape installation and irrigation, as well as labor. He noted that the medians are 14 feet wide, each a block in length. He advised that staff's previous request was to approve the removal of the trees. Subsequent to the removal, staff would present Council with a landscaping design after it has been reviewed by the Parks and Recreation Commission. Discussion followed concerning the replanting of trees and landscaping being completed all at the same time, thus providing the same level of maturity for the landscaping. Motion by Councilmember Baldwin to postpone removal of the trees for one year. MIS BaldwinlMastin amending motion to postpone removal of trees until a landscaping design has been completed and reviewed by staff and Council; carried by the following roll call vote:' AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None. 9. NEW BUSINESS a. Discussion Concerning Main Street Program Request for Expansion of Business Improvement Boundaries City Manager Horsley advised that the City received a letter from Dennis Denny, President of the Main Street Board of Directors, requesting an expansion of the Downtown Parking and Improvement District. The additional area would include Mill Street to Gobbi Street and Main Street to Oak Street and .would provide the Main Street Program additional funds for their projects, numerous programs, and promotions. The Main Street Board of Directors has contacted the businesses within the new area and secured support as indicated on the petition. If the Council desires to consider a boundary adjustment, the process requires adoption of a resolution of intention which states the proposed modification and provides for a public hearing 20 to 30 days after the adoption of the resolution. If adopted, the new businesses within the expansion area would pay an additional business license fee, up to $250, to go towards the Main Street Program. If a majority of the businesses protest, the City must abandon the proposed modification for at least one year. Dennis Denny, affiliated with Denny's Bicycles and President of the Main Street Program, advised that the feeling among the majority of the businesses on the petition is that they May 5, 1999 Page 7 of 13 want to be part of the Main Street Program, want to continue with the identity of the downtown, and are encouraged with the Main Street Program and their great relationship with the City of Ukiah. With some large stores located along the freeway, the thinking has been toward an awareness and promotion of the downtown area. He reported that of the of 16 businesses contacted, they have signatures from 10 businesses that wish to be part of the Main Street Program. Councilmember Libby noted that only nine signatures are on the petition. She inquired about the number of businesses eligible and the status of those businesses that did not sign the petition. Mr. Denny advised that 16 businesses will be assessed and are eligible to show their preference to be included in the District. Some businesses have indicated that they did not wish to participate in the Program and some did not respond, noting that a few businesses are in a state of decline and the $250 may have created a hardship for them. Upon conferring with Kris Rasmussen, Executive Director of the Main Street Program, she reported that approximately 2 out of 6 businesses declined to participate. Al Beltrami, Ukiah, advised that he did not receive a notice regarding the matter. City Attorney Rapport advised that this is a policy issue and if Council decides to consider the matter, there would be at least three additional Council meetings to consider the issue. At the first meeting, Council would adopt a Resolution of Intention. Once that is adopted, a notice would need to be sent to every affected business prior to the City Council conducting a hearing. If protests are received from businesses who would pay more than 50% of the fees, then you can't approve the change for at least a year. In summary, this is very preliminary consideration of this issue. Every business that is affected will be required by law to get a legal notice and have the right to appear at a hearing. City Manager Horsley noted that staff is requesting direction from Council if they would like to begin the process. Staff would in turn bring a Resolution of Intention back to Council and advise Council of the entire process. Consensus of Council was to direct staff to start the process for extension of the Main Street Program boundaries. Recessed: 7:50 p.m. Reconvened: 8:02 p.m. Mayor Mastin advised that City Attorney Rapport is seeking clarification concerning item 9b, Vacancy on City Council, and item 9c will be heard at this time. 9c. Authorize the Mayor to Execute Amendment No, 1 to the Participation Agreement between the City of Ukiah and the Ukiah Valley ~anitation District Public Utilities Director Bames advised the Ukiah Valley Sanitation District (UVSD) has requested that the Participation Agreement with the City, dated July 19, 1995, be amended to define which budget items will be apportioned between the City and UVSD based on the number of sewer service units, and to define an approval method for those expense categories not included in budgets prior to the 1997/98 fiscal year. The amendment requires extraordinary projects be authorized by a separate written agreement approved by both the City and UVSD. An agreement would be required for any capital expenditure in excess of $100,000, other than for repair or replacement of existing facilities or equipment, or involves a charge that can be lawfully imposed in either the City or the unincorporated area but not in both the City and the unincorporated area. Additionally, paragraph 6.0 is amended to define the method for budget approval and for resolving disputed budget items. This amendment was drafted by the City Attorney and has been reviewed and approved by County Counsel. The Board of Directors of the UVSD approved the amendment at their regularly scheduled meeting of March 24, 1999. Staff recommends approval of the amendment. May 5, 1999 Page 8 of 13 MIS AshikulBaldwin to authorize the Mayor to Execute Amendment No. 1 to the Participation Agreement between the City of Ukiah and the Ukiah Valley Sanitation District; and carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None 9b. Discussion and Direction Regarding Filling the Vacancy of City_ Councilmember Kristy Kelly City Attorney Rapport advised that there has been a mis-communication between him and the City Manager. The Government Code requires that, when there is a vacancy on the City Council, the City is required to either fill the vacancy by appointment within 30 days of when the vacancy starts, or call an election within that same 30 day period. The clarification he received is that Council will need to select the replacement person and appoint them by May 12, 1999, which is 30 days from the vacancy date, if they choose to fill it by appointment. He did not know what the penalty would be if Council did not comply with this provision. Upon questioning by Mayor Mastin concerning the City's past experience with complying with this Code, Mr. Rapport replied "no". City Manager Horsley advised that the last Council appointment to a vacancy on the City Council was for Sheridan Malone and that occurred approximately two months after the vacancy occurred. She pointed out there was a transposition of the effective date of Vice Mayor Kelly's resignation in the staff report and it should be April 12, 1999, not April 21, 1999. She discussed two options available for filling the vacancy: 1. The Council may participate in the November 1999 Consolidated District Election, to fill the vacancy for the remainder of Kristy Kelly's term (through November 2000). Participating in this Election would cost the City an estimated $7,534, but could possibly be closer to $15,000 if the School District and Special Districts do not have any items on the ballot. She referred to a memo from City Clerk Ulvila regarding the costs of the election. 2. The Council may appoint a Councilmember to fill Kristy Kelly's vacancy. There are two alternatives for selection of candidates: 1) Soliciting applications from the public and conducting interviews, which has been the past practice of the Council; or 2) selecting from the candidates who ran in the last Council election. She noted the only requirements for a City Councilmember are that they be a resident of the City of Ukiah and currently a registered voter. Mayor Mastin discussed his views on the matter, noting that three of the four current Councilmembers were the runner up in an election and passed over shortly thereafter for an appointment. The issues surrounding that were pointed out very forcefully two years ago when Kathy Libby was passed over for appointment and only two of the current Councilmembers were serving at that time. It was his opinion, after giving the matter considerable thought, and considering how the matter was addressed in the past, that the City Council should look to the next runner up in the election for appointment, noting that the election occurred less than six months ago. Councilmember Libby felt the current situation is considerably different than the situation two years ago. During that election, it was known that there would be a vacancy after the election. The current vacancy is six months after an election and there is nothing they could foresee. She expressed concern that, since so much time has elapsed since the last election, there has been many inquiries concerning the vacancy. It would seem unfair if the persons who have inquired were not considered in this process. Mayor Mastin observed several persons in the audience who have expressed interest for the vacancy and wondered why they didn't run during the previous election. He was unsure if we need to wait any longer and go through the application process. He inquired if Council is required to go through the application process. City Attorney Rapport advised that Council is not required by law to go through an application process to fill the vacancy. May 5, 1999 Page 9 of 13 Councilmember Baldwin inquired if we should ask for recommendations or comments from the audience prior to nomination. Councilmember Ashiku felt we should choose the best possible candidate without having to go through the process of interviewing each candidate, and felt he could not make an informed decision at this meeting. Ed Harnett, Ukiah, advised that he ran in the past election for City Council and has no personal aspirations to seek the appointment. He did not have a problem with the runner up or anyone else seeking the vacancy, his main concern is the legality of the situation. He preferred a democratic vote of the people, however, it is slow and expensive but felt it should go to a vote of the people. He did not think it fair that four individuals could select someone to represent 20% of the population, or 1/5 of the vote. Brenda Levaditis, Ukiah, former candidate for City Council, advised that she would prefer Council appointing someone who ran for City Council in the last election. Although there have been perspective candidates who have come forward, where were they at the previous election? If they are still interested, they can run for election next year. She felt it is a shame the City lost such a great Councilmember in Kristy Kelly, but felt that Council should take the next runner up in the last election and choose Eric Larson to fill the vacancy. John Mayfield, not a Ukiah resident, inquired of the City Attorney about filling the vacancy. He assumed that if the City Council does not make an appointment by May 12, 1999 and someone goes to court with a writ, then Council will have no choice but to hold an election in November. He guaranteed that someone will pursue the matter if Council does not make a decision by May 12. Jim O'Heam, Ukiah, felt it is only logical that Eric Larson be appointed to fill the vacancy since he was the runner up in the last election. Susan Pepperwood, lives outside the City limits but does business in Ukiah, felt that if Council is concerned about being democratic, the people of Ukiah have already spoken and chosen Eric Larson as the next runner up. In choosing Eric Larson, Council would be able to satisfy the vote of the people. Tom Greenaway, 209 Clara Avenue, was of the opinion that Eric Larson is the obvious person to be appointed to fill the vacancy. Councilmember Libby inquired if staff has checked with the School District to see if they will be participating in an election in November. City Clerk Ulvila advised that, upon speaking with Mendocino County Clerk Marsha Wharff, she indicated some Special Districts, and possibly the School District, will have a need for an election in November to fill expired terms. City Manager Horsley advised that staff will also be presenting a memo to Council regarding the cost regarding the issue of appointed versus elected City Clerk and whether Council would choose to include that matter at the November election as well. MIS Mastin/Baldwin to appoint Eric Larson to fill the vacancy of Kristy Kelly's unexpired term on the City Council. Councilmember Ashiku felt he could not support the motion, noting that it was his duty to examine all the candidates. Councilmember Libby noted that whoever is selected to fill the vacancy, tends to have a heads-up effect on the next election from the remainder of the candidates in the field, and usually is reelected at the next election. Mayor Mastin agreed with Councilmember Libby's observation, noting that we now have an opportunity to appoint someone who ran a good race and has the skills and ability to May 5, 1999 Page 10 of 13 fulfill the office of Councilmember. Councilmember Baldwin felt they were talking not about who is the most qualified person for the position, but rather perceptions of someone's world view and our idea of a world view that someone has about the future of Ukiah. It is not about who has the longer list of credentials, but what should happen to Ukiah in the future. He felt we learned a lot about the candidates in the last election and the election results were overwhelming in terms of who was 200 votes behind Kathy Libby, noting a huge distance between the remainder of the candidates. It is a political decision to make, and if we do go to qualifications and commitment, Eric Larson has demonstrated his commitment to the community over the past five years. Mr. Larson also attends nearly all Council meetings. Motion failed due to the following tell call vote: AYES: Councilmember Baldwin and Mayor Mastin. NOES: Councilmembers Libby and Ashiku. ABSTAIN: None. ABSENT: None Councilmember Ashiku recommended the Council proceed as they have acted in the past and pursue with the application process. Discussion followed concerning the questions on the application and if any should be deleted. Council also discussed whether interviews should be conducted. Discussion of the nomination process was had, and it was noted that Council will need to make an appointment to fill the vacancy by midnight on May 12, 1999. If Council does not fill the vacancy by this date, an election must be held in November to fill the vacancy. There was discussion regarding a location to hold the Special Meeting, since the Planning Commission is scheduled to meet in the Council Chamber on May 12. Upon consulting with Ukiah Daily Journal writer, Dan McKee, a notice will be included in Thursday's newspaper advising the public. Consensus of Council was to open the vacancy to candidates and that the current application will be made available on Thursday, May 6, 1999 by Noon, and that the deadline for their return will be Tuesday, May 11, 1999 by 3:00 p.m. Council called a Special Meeting for May 12, 1999 at 5:00 p.m. and interviews of applicants shall begin shortly thereafter. The Special Meeting will be held at the Ukiah Conference Center. Interviews will be open to the public, however, other applicants would not be allowed to be in the same room as the applicant being interviewed. City Manager Horsley will check on the availability of the Conference Center for the May 12 meeting. City Manager Horsley noted that the current application for appointment indicates on the front page that it is a public and open interview and that we ask each applicant to sign a volunteer agreement that they will wait in a separate room during the interviews. 9d. Consideration of a Proposed Amendment to the Joint Powers Agreement Between the Cities of Fort Bragg, Ukiah. Willits. and the County of Mendocino Creating the Mendocino Solid Waste Management Authority_ {MSWMA) Mayor Mastin advised that Council has been provided a proposed amendment to the Joint Powers Agreement (JPA) between the cities of Fort Bragg, Ukiah, Willits, and the County of Mendocino creating the Mendocino Solid Waste Management Authority (MSWMA). The proposed amendment would, if approved, remove the requirement that the County of Mendocino's representation on the JPA Board be comprised of one "coastal" Supervisor and one "inland" Supervisor. The Joint Powers Agreement can only be amended with the unanimous consent of its signatory members. He advised that the City of Willits rejected the amendment last week and felt that coastal representation is very important, noting that the way in which the agreement is worded is adequate and appropriate. He spoke with a member of the Willits City Council who felt the current situation at the Board of Supervisors involves politics and was not a good enough reason to change the agreement by amendment. MSWMA had a meeting today in Willits and they briefly discussed the matter. Public Works Director Kennedy advised that the proposed amendment has been initiated by the Board of Supervisors. May 5, 1999 Page 11 of 13 Discussion followed concerning the proposed amendment and ensuring that there are representatives from both the coastal and inland areas. There was also discussion of some restructuring of boundaries of some districts. MIS AshikulLibby to not approve the proposed Amendment to the Joint Powers Agreement between the Cities of Fort Bragg, Ukiah, Willits, and the County of Mendocino Creating the Mendocino Solid Waste Management Authority (MSWMA); carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None 10. CITY COUNCIL REPORTS Councilmember Libby reported attending a meeting of the Economic Development and Financing Corporation (EDFC) in Willits today. Their Web page is 95% complete and they will be voting on their officers next month. She discussed recommendations from the Nominating Committee. Terry Harvey, who sits on the Willits City Council, advised that Willits can not contribute $4,000 to EDFC because they are having a budget crisis. He had expressed concern that Willits would not be represented on EDFC if they did not make a financial contribution. However, it was the consensus of the EDFC Board that Mr. Harvey should remain a member of the Board because the Board needs Willits representation and EDFC is working towards finding more jobs for the Willits area. She attended an MCOG meeting as the alternate representative. They adopted the second amendment to the 1998 Regional Transportation Improvement Program (RTIP) as well as the 1999/2000 Overall Work Program. MCOG adopted an amendment in 1998 with RTIP which programed approximately $7.8 million in additional STIP funding made available through T21. One component of that amendment programed $524,000 for projects proposed by Cal-Westem Railroad (CWR). The CTC found a portion of the CWR projects ineligible as programed and reserved the $524,000 pending reprogramming by MCOG. MCOG went ahead with the rehabilitation of the parking lot construction for the intermodule facilities adjacent to Willits Train Station keeping it at $265,000. The reconstruction of two rail grade crossings in Fort Bragg at $38,000 was also kept. Instead of keeping the remainder of $221,000 in reserve, Gary Milliman of CWR asked that it be reprogrammed to the rehabilitation of the Willits Train Station. The Board approved this with the restrictions that the project qualify with the state and federal restrictions and a memorandum of understanding and that it will be public. Councilmember Baldwin reported that the Russian River Watershed Agency is meeting and it may be more manageable than the Russian River Watershed Community Council. The Agency will meet on May 19, 1999 around mid-day and it will be difficult for him to attend. He advised that he is angered and upset by American foreign policy and what America is currently doing in Serbia. If the war continues, he may bring a Resolution before Council to oppose the war. Councilmember Ashiku had nothing to report. Mayor Mastin reported that MTA presented a Signed option agreement to NCRA for the Ukiah Railroad Depot property and is still in negotiations. There will be a special Board meeting on May 12 to consider their options and purchase agreement. MSWMA met today in Willits. It was noted at the meeting that the estimated recycling rate for 1998 for the City of Ukiah was 41.5%, the highest in the County. The 1997 rate was estimated at 37.8% for Ukiah. He discussed recycling containers and the co-mingling of recyclables into one container, transporting it to a recycling facility and having it sorted by hand. Empire Waste is going to conduct a 400 house pilot project in the City of Ukiah. 11. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley advised that the City should be receiving its recycling bins and trash cans for the downtown by the end of May. They will be located in the downtown area in conjunction with the Main Street Program in a cleanup program. They have coordinated with Solid Waste to pick up garbage three times a week. May 5, 1999 Page 12 of 13 The Federal Energy Regulatory Commission (FERC) has agreed to a technical conference-workshop on the Potter Valley Project concerning water balance modeling and the Draft Environmental Impact Statement (DEIS) on a proposed amendment to the license for the Potter Valley Project. This will take place at the Flamingo Hotel and Conference Center on June 2-3, 1999 from 9 a. m. to 4 p.m. Mayor Mastin announced the cases for consideration in Closed Session. Recessed' 8:56 p.m. Reconvened and Adjourned to Closed Session' 9:00 p.m. 12. CLOSED SESSION a. G.C, §54956.9{b.){1)- Conference With Legal Counsel Regardin_n Pending Litigation - Existing Litigation - 2 matters- Redwood Business Park v. City of Ukiah. Mendocino County_ Superior Court Case No. 77517 Redwood Business Park v. City of I,Ikiah, Mendocino County Superior Court Case No. 77252 No action taken. Reconvened at 9:40 p.m. 13. ADJOURNMENT There being no further business the meeting was adjourned at 9:40 p.m. Marie Ulvila, City Clerk May 5, 1999 Page 13 of 13