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HomeMy WebLinkAboutMin 05-19-99MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, May 19, 1999 The Ukiah City Council met at a Regular Meeting on May 19, 1999, the notice for which had been legally noticed and posted, at 6:32 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. Councilmembers absent were: Smith. Staff present: Customer Service Supervisor Archibald, Public Utilities Director Barnes, Community Services Director DeKnoblough, Finance Director Elton, Assistant City Manager Flad, City Manager Horsley, Public Works Director Kennedy, City Attorney Rapport, Planning Director Sawyer, Deputy Director of Public Works Seanor, Senior Planner Stump, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Ashiku led the Pledge of Allegiance. 3. PRESENTATION~ AND PROCLAMATIONS None. 4a. APPROVAL OF MINUTE~ - Regular Meeting of April 3:1, 1999 Councilmember Libby recommended an addition to the comments of John Mayfield as noted on page 5 concerning his statements that if a business is not competitive, they should not do business here. She requested that a copy of corrected minutes be provided to Councilmembers in the future. MiS Ashiku/Libby to approve the minutes of the Regular Meeting of May 5, 1999, with the noted correction, carried by the following roll call vote: AYES: Councilmembers Libby, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith and Baldwin. 5. RIGHT TO APPEAL DECISION Mayor Mastin reviewed the appeal process. 6. CONSENT CALENDAR MIS LibbylAshiku to approve Items a-e of the Consent Calendar as follows: a. Approved Report of Disbursements for the month of April 1999; b. Awarded acquisition of four door sedan for Public Works Department to Harper Ford Country in the amount of $15,863.40; c. Awarded bid for Adjustable Frequency Drive Pump Controller to KBL and Associates for the sum of $21,864.61 plus tax; d. Received Report to City Council regarding the execution of Consultant Contracts of less than $10,000 for the preparation of a Biological Reconnaissance and Traffic Study for the Gobbi Street Riverside Park Project, and approved Budget Amendment; Adopted Resolution No. 99-40 Removing the Two Hour Restricted Parking Zone and Establishing a Loading Zone in Front of 105 South Main Street. e. The motion carried by the following roll call vote: AYES: Councilmembers Libby, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN- None. ABSENT: Councilmembers Smith and Baldwin. 6:35 p.m. - Councilmember Baldwin arrived at the meeting. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address the Council. AGENDA UPDATE Mayor Mastin advised that Item 1 la, Receive for Comment Proposed Mendocino Solid Waste Management Authority 1999-2000 Fiscal Year Budget, and Item 11c, Council Appointment of Vice-Mayor, have been continued to the June 2, 1999 Council meeting. He also reported that it is not necessary to hold a Closed Session at this meeting. May 19, 1999 Page I of 12 9. PETITIONS & COMMUNICATIONS a. Discussion of Golf Professional Services Contract for Ukiah Municipal Golf Course Community Services Director DeKnoblough advised that on Monday, following distribution of the City Council agenda packets, staff was contacted by Golf Professional Jeff McMillen and his representative, Mr. Emmett Jones, requesting an opportunity to further discuss the Pro's May 10 proposal. As a result of discussions, staff and Mr. McMillen have agreed to present his revised proposal and recommendation which would propose and 17-month extension of his current contract, through October 31, 2000, with an agreement for additional consulting services to be negotiated. The timeline and October termination date of the new proposal is preferable to both staff and Mr. McMillen as it is difficult to transition Golf Services in May, which is the height of the spring season. Mr. McMillen's history with the City of Ukiah while providing Professional Golf Services has been very successful and staff believes it is in the public's best interest to continue this relationship. The proposal offers an excellent opportunity to continue with his success while investigating the potential for expansion of services which would further benefit the Golf Course's management. There are several specific terms and conditions yet to be defined in contractual terms and staff is recommending approval of a 30-day extension of the current contract and to direct staff to negotiate the extended contract, including the additional "Golf Course Management Consulting Services", as defined in the May 10 proposal, for a period of 16 months and return the agreements to Council for review within 30 days. City Manager Horsley added that last Monday, Mr. McMillen presented to staff an interesting proposal and staff is recommending that they be allowed to continue working with Mr. McMillen as a consultant on the Golf Course. Another option would be as a Greens Superintendent, however, staff felt it was a good opportunity to allow Mr. McMillen to show the City what he can do. The proposal is for a 17-month contract with an option for five years, and, depending on how the consultant contract worked out, it would be on a year-to-year basis. Councilmember Libby inquired if the Golf Course Committee has made any recommendations regarding the proposal (contract, etc.). Mr. DeKnoblough reported that, since the contract is not completed, the Golf Course Committee has not reviewed it. Some members of the Committee had questions about the existing contract and possible revisions in the upcoming contract. Emmett Jones, representing Mr. McMillen, thanked City staff for their cooperation and timely response to their proposal. The May 10 proposal makes the major points they are advocating concerning Mr. McMillen's relationship with the City as the Golf Pro as well as the additional task of consultant. It is their belief that the golfing community likes the status quo and they would like to have Mr. McMillen continue serving the golfers of this area. He felt that certain functions of the Golf Course have gone unattended in the past and their consulting proposal wishes to address these issues. They feel they can make the Golf Course better, even with those issues, and that Mr. McMillen is in a unique position, because of his 10 years at the Golf Course and his golf skills, to be able to render these services at a fraction of the cost of what a full time employee would cost the City. They believe they have reached an agreement in principal with City staff and would like to allow the public to review the proposal. He expressed their appreciation of everyone's efforts to protect the Ukiah Golf Course, which they think is unique. It is their feeling that they can make the Golf Course even better, based on the proposal submitted. Jeff McMillen advised that he has been a head golf professional for the past 10 years. In the past couple weeks, he has worked with City staff and Mr. Jones to put together a proposal that he feels will benefit the golfers in the community and the Golf Course. He advised he will work very hard toward the benefit of the golfers and is looking forward to continuing a long career with the City of Ukiah. He thanked the public in attendance at the meeting and others who have supported him and the Ukiah Golf Course. May 19, 1999 Page 2 of 12 Faye Hefte, Ukiah, representing the Women's Golf Ladies, advised that there are approximately 125 ladies in the Club who are in favor of the City renewing Mr. McMillen's contract because it would provide continuity to the Golf Course. It would help with Mr. McMillen being a consultant because he is there all the time and is aware of what needs to be done. She felt we are a unique golfing community because the course is so isolated, whereas other golfing communities have other facilities available to them. People have strong feelings about the Golf Course and they would like to see Mr. McMillen be the consultant for the Golf Course. Perry Ramsey, 1061 Maple Avenue, representing the Men's Golf Club, displayed a plaque that included names and local companies that contributed time and money toward building the back 9 holes of the Golf Course. He advised that he is also a member of the Golf Course Committee and submitted a petition with over 300 signatures, which the Pro Shop collected, that states they would like to keep the Golf Course as theirs, rather than it going to the management of a leasing company. He discussed ramifications of leasing companies on communities. He discussed the Junior Golf Club in Ukiah and the costs involved compared to a leasing organization. He reported that in approximately 18 years the back 9 holes will be paid off, at a cost of approximately $93,000 annually. They paid approximately $23,000 for the renovation of their Club House and it will be paid off soon. They are continually upgrading the Course, have addressed a rate increase, and have placed the Golf Course in the black as far as being a revenue producer. He discussed other financial expenditures and revenue anticipated. Golf is not a sport for just the rich, but is played by a variety of people from all walks of life. He felt the Golf Course is an asset to the community and may have contributed to Ukiah becoming the number one small town in America. He felt that Mr. McMillen and his staff have done a wonderful job, have received support from the golfers, and are an asset to the City. He asked those in attendance to stand if they support the Ukiah Golf Course, and with a capacity crowd on hand, the majority of those present stood in support. Elsie Nielson advised that she has been on the Golf Course Committee for three years and has seen many changes. She discussed financial problems in the past and how the Golf Course has been a profit making enterprise for the past two years. The Committee is looking at the effects of a rate increase, especially as it may affect Senior Citizens on fixed incomes, and hope to continue with improvements to the Golf Course. Eric Peterson, Ukiah, advised that Mr. McMillen is a personal friend. Mr. McMillen is personally committed to the proposal and wants more responsibility. Bruce Slasser, resident outside the City limits, advised that he first began playing golf in Santa Barbara, and noted the socio-economic status is not the same in Ukiah. He has resided in Ukiah for 10 years and felt that anyone who wants to play golf can, whether they participate in the Mens Club competitions or other events. Golfers are a very diverse group of people and felt the Ukiah Golf Course is a unique jewel that needs community participation. Council briefly discussed the proposal, noting that the strong show of support for the proposal is well documented. MIS Ashiku/Baldwin to approve a 30 day extension of the current contract and direct staff to negotiate the extended contract including the additional "Golf Course Management Consulting Services", as defined in the May 10 proposal, for a period of 16 months and return said agreements to Council for review within 30 days; carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith. 8. PUBLIC HEARING (7:00 P.M.) a. Application to Demolish a ~;tructure Over 50 Years Old Located at 295 and 289 North Main Street Planning Director Sawyer advised that the City has received an application to demolish a vacant commercial structure consisting of two storefronts at 295 and 289 North Main Street. Commonly referred to as "Howard Cleaners," the subject structure is in a state of disrepair and apparently possesses no historical preservation value. Since the structure May 19, 1999 Page 3 of 12 is over 50 years old, its demolition is subject to review and approval by the City Council in the context of a public hearing, in keeping with the Council-adopted demolition provisions of the Municipal Code. He reported that it is the intention of the Ukiah Redevelopment Agency to landscape the parking lot, which would include these parcels. The Demolition Permit Review Committee reviewed the application at their meeting of May 11, and recommended approval of the permit based on the finding that the structure is not historically or architecturally significant. Based on their review, Staff is recommending approval of the permit. 7:03 p.m. - Public Hearing Opened. Justine Toms, owner of New Dimension Radio, Ukiah, advised that her business is located across the street from the building to be demolished. She is supportive of the demolition of the structure and felt it is an eye sore and would be costly to repair. She discussed the procedure for tearing the building down under the Fire Department's supervision, and approved of the City's utilizing the Fire Department to conduct a practice procedure. She expressed concern with the effects of the burn on their building, noting that they stock sensitive electronic equipment and are concerned about smoke damage. She has discussed the matter with the Fire Department and will be closing their ventilation system during the burn. She also expressed concern with the trees near their business and the need for their protection during the demolition and bum process. Both her and her husband are very supportive of a shaded parking area, noting that the heat is very intense in the summer months on the asphalt parking lot. She noted that their employee, Tom Greenaway, met with Fire Chief Sandelin and walked the site, noting their concerns, and a letter was forwarded to the City. City Manager Horsley advised that Fire Chief Sandelin met with neighboring business owners to discuss the procedure and will address their concerns. She will have the Fire Chief contact Mr. and Mrs. Toms if they have further concerns. She advised that both she and Assistant City Manager Flad have met with the Toms regarding the matter. Tom Greenaway, 309 Clara Avenue, thanked City Manager Horsley and Assistant City Manager Flad for touring their business and easing their concerns regarding the burning of the building across the street. They discussed protection of the trees and whether heat generated from the burn may cause broken glass. Fire Chief Sandelin discussed the options for dealing with this situation. Mr. Greenaway was very impressed with City Staff coming to their business when they called about their concerns. 7:10 p.m. - Public Hearing Closed. MIS Baldwin/Libby to approve demolition of a structure over 50 years old located at 295 and 289 North Main Street, based on the finding that it does not possess historical or architectural significance; carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith. 10. UNFINISHED BUSINE~ a. Adoption of Resolution of Intention to Modify the Boundaries of the City_ of Ukiah Downtown Parking and Business Improvement Are~, Assistant City Manager Flad advised that at the May 5, 1999 meeting of the City Council, staff was directed by the Council to begin the procedures for expanding the boundaries of the Downtown Improvement District. The expansion includes the additional areas of Mill Street to Gobbi Street, and Main Street to Oak Street. He advised that the purpose of the resolution is to define the area of proposed expansion in more detail; describe how fees are to be assessed; describe how the revenue generated will be spent; and set the date for the second step, which is the public hearing. The Public Hearing must be conducted not less than 20 days or more than 30 days after adoption of the Resolution of Intention. The public hearing will be scheduled for the June 16, 1999 meeting. The notice of the June 16, 1999 public hearing will be published and mailed to each owner of a business affected by the proposed modification. The total estimated revenue generated for the Main Street Program as a result of the proposed expansion is $1,962 annually. May 19, 1999 Page 4 of 12 Councilmember Libby inquired about the businesses mentioned at the previous meeting that couldn't afford to join the Main Street Program, and if there is assistance available to help them financially with the membership fee. Kris Rasmussen, Main Street Program Executive Director, advised that Rite Aid's manager was supportive of the Program, however, he couldn't get approval from their corporate office. The other business declining to participate is Computer Scene who felt they didn't need any more business. City Attorney Rapport advised that there is no financial hardship exemption in the existing ordinance. City Manager Horsley noted that a cap of $250 was placed in order to make the Program affordable to businesses. Assistant City Manager Flad advised that the purpose of the delay between the adoption of the Resolution at this meeting and the Public Hearing is to allow the businesses an opportunity to relay their support or disapproval of the Program. MIS Libby/Baldwin to adopt Resolution No. 99-41, Intention to Modify the Boundaries of the City of Ukiah Downtown Parking and Business Improvement Area; carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN' None. ABSENT: Councilmember Smith. 11. NEW BUSINESS a. Receive for Comment Proposed Mendo¢ino ~;olid Waste Management Authority 1999-2000 Fiscal Year Budget Matter continued to the June 2, 1999 City Council meeting. 11b. Presentation of Current ,~tatus of the Rate Reduction Plan, Authorization for the Establishment of the Rate Reduction Fund and Authorization for Utilization of Excess Reserves Public Utilities Director Barnes advised that, as a follow up to the Electric Utility Workshop, staff has prepared an analysis of the City's current reserves and anticipated 1998-99 year end balance for the Electric Utility which indicates that the utility will exceed our retained reserves and rate reduction plan requirements by approximately $3,057,000. This was due to being able to exceed our income goal for 1999 in three areas. First, excess power was sold into the spot market to significantly reduce the City's power costs. Secondly, operating expenses are forecasted to be under projected expenditures due to the delay of projects, but will be re-budgeted in the 1999-2000 fiscal year budget. In addition, the franchise fee has been frozen at $650,000, which saved the utility approximately $178,000. Thirdly, revenues are forecasted to exceed budgeted projections for 1999, as a result of increased load and favorable weather conditions. With the rate reduction plan fully funded for the 1998-1999 fiscal year, an analysis of banked reserves and interest has determined that at the current rate of savings, market rates could be achieved by July 1, 2006, which is a year earlier than forecasted during the Electric Workshop. Banking these funds into the rate reduction reserve would advance the time to market rates six months, to January 1, 2006. In addition the funds would be available to fund any shortfalls that might occur in years 2000 through 2006, that could force the delay to market rates. On this basis, our projected system average rate in July 1, 2007, would be $.0697 per kwh, or a 55% reduction in rates. This assumes that the market conditions and projected expenditures remain as planned. He recommended banking approximately $1,000,000 for any type of catastrophic failure which may occur. Staff favors using these funds to shorten the time to achieve market rates. He recommended Council approve the establishment of a Rate Reduction Fund, under the Revenue Banking Plan, to set aside $3,570,000 into the current reserves, and to direct staff to use the $3,057,000 for the Rate Reduction Plan. It was noted by Utilities Director Barnes in a discussion with Mayor Mastin that a rate reduction now would only amount to approximately $1.91 per electric bill, based on an average bill (electric only) of $58.67 per month. However, should Council bank the May 19, 1999 Page 5 of 12 reserves, the public may see their electric rates cut in half by the year 2006. There were no comments from the public. Discussion of setting aside a portion of the reserve funds to assist Iow income people with their utility bills was suggested by Councilmember Baldwin. The matter was discussed with Public Utilities Director Bames and Customer Service Supervisor Archibald with regard to the Public Benefits Charge and the income requirements for assistance programs that the City currently offers. It was reported by Ms. Archibald that applications have been made available at the Senior Center for the Senior Discount Rate Program. She advised that the Low Income Emergency Assistance Program funds come out of the Public Benefits Charge, and that the City has not been using all of these funds. She discussed the screening process provided by the Salvation Army, which is based on Federal Poverty Income Guidelines. City Manager Horsley noted that it was previously reported that at the end of the Public Benefits Charge requirement, there will be funds remaining, based on the way in which they are currently being used. If Council chose to continue that assistance, staff could look at ways to continue the Program, whether there was a Public Benefits Charge or not. If Council wants staff to continue to budget for this after the legislative period is over, staff could provide Council with a resolution designating that the program continue to take the percentage out of our revenues to be designated for Iow income assistance. She suggested making it a permanent part of the budget. Ms. Archibald noted that it is anticipated that the City will use less than one-third of the funds each year. Discussion continued with regard to re-examining the eligibility criteria, thereby enabling more individuals in the community to take advantage of the program. It was noted that City staff has conducted an aggressive campaign to notify the public in their utility bills four times per year, made applications available at the Senior Center, and have made adjustments to utility bills upon the request of customers. Staff is currently analyzing the applications which have been denied by the Salvation Army. It was noted by Mayor Mastin that the applications should be available in Spanish as well as English. Councilmember Libby expressed her desire to reduce the utility rates now, by the total amount of reserves of over $3 million, rather than bank the money. She noted that the City has said after the last increase three years ago. that they will reduce the rates as soon as they can. She strongly felt it would be very appropriate to give the money back to the people. Mayor Mastin expressed concern with the mandate of cutting the City's rates by more than half in the year 2003 because of federal legislation. The electric fund will not be able to cover that cost, resulting in serious problems in the General Fund to try to cover the reduced rates. It would be nice to give a rate reduction to the City's rate payers, however, he felt it would be somewhat short sighted at this time. If we could guarantee that the City could make market rate by 2003, it would be appropriate. He expressed concern with the legacy this Council would leave future Councilmembers should the money be returned to the rate payers now. Mr. Barnes advised that, should the City reduce the electric rates now, they would be faced with an estimated shortfall of $6 million in the year 2003. Councilmember Ashiku felt the most responsible thing to do is to bank the money now. If Council opted to return the money to the taxpayers, the City may be looking at a bankruptcy situation in the year 2003. He discussed the uncertainty of federal legislation with regard to deregulation. If the utility market were opened in Ukiah, with our high rates our ability to survive would be in jeopardy. He briefly discussed the bonds for the power plant and projected rates in the year 2006, and that we would be looking at year 2019 to get to those rates if we funded a reduction plan. He noted that the City will be paying for that rate reduction over and over again and felt it is a substantial waste of public resources. He concurred with staff's recommendation. Mr. Bames advised that it is staff's vision that the fund would be funded every year out of May 19, 1999 Page 6 of 12 operations. If we were to fall shod of the revenues less expenditures goals, and need extra money to put into the investment plan, then staff will ask for it out of the reserves that are currently available. He noted that the fund would be used for rate reduction and would be in a separate accounting fund, separate from other reserves. He noted that the proposed plan leaves approximately $1 million in reserves. He further discussed changing the Public Use Bonds, and taxable bonds were discussed. Discussion continued concerning the Fund Reserves, possible shortfalls, and projected market values in the future. Protecting the long term rates and the savings can be contributed to staff's long term planning. The issue of money being available for assistance is a critical issue and staff will make a commitment to broaden the criteria in order to assist more people. It was recommended that applications for assistance should be distributed to the Food Bank, Plowshares, the Community Center and other non-profit organizations. A discussion was had regarding accumulating the reserves over many years. It was noted that the City, at one point, took money out of its account at NCPA to help with restructuring instead of using all of its reserves. Councilmember Libby, noting Mayor Mastin and Councilmember Ashiku's concern with going to market rate at 2003, suggested the City take $430,000 annually over the next three years, and give this back to the residents until we see how the market progresses by the year 2003. She strongly felt the City should do something now for the utility rate payers and over the next three years we can continue to bank money. Further discussion followed concerning whether to bank the money now and how long it will take the City to get to market rate. Sales tax revenues were also discussed. It was noted that new developments in the community have helped to increase the City's revenue. The restructuring of the debts and freeing up money that was used for the bonds was considered. It was noted that there would be no need to increase rates in the next few years. Staff was commended by members of Council for their efforts. Councilmember Libby requested an analysis be prepared for the Franchise Fee. City Manager Horsley reported that part of the proposal would allow staff to take the Franchise Fee back to the 1997 year, which is approximately $675,000, and at the full 6% this fiscal year, it would be $835,00. Staff is proposing that the 1997 Franchise Fee rate be frozen, and instead of making a 6% Franchise Fee, freeze it at $675,000 so it would be a fiat amount and all the additional money would go into this reserve, not only for this year, but every year in the future. She noted we can review the matter again while reviewing the budget. MIS Ashiku/Baldwin to authorize the establishment of the Rate Reduction Fund and the placement of $3,570,000 from cUrrent reserves into the rate reduction fund, and to authorize the placement of excess reserves, in the approximate amount of $3,057,000, into the Rate Reduction Fund. City Manager Horsley inquired of the City Attomey with regard to the Franchise Fee being held at the flat rate of $675,00 and if it is included in the proposed motion. Councilmember Ashiku was of the understanding that we would be freezing the transfer of $675,000 to the General Fund, but are still collecting the full percentage, with the difference going to the Rate Reduction Fund. City Attomey Rapport advised that they would not be freezing funds, but rather diverting an additional amount, which is part of the description of the agenda item. Motion carried by the following roll call vote: AYES: Councilmembers Baldwin, Ashiku, and Mayor Mastin. NOES: Councilmember Libby. ABSTAIN: None. ABSENT: Councilmember Smith. 11c. .~election and Appointment of Vice Mayor Matter continued to the June 2, 1999 City Council meeting. May 19, 1999 Page 7 of 12 11d. Re_port Re_~ardin_~ Commissioner Terms Expiring June 30, 1999 City Clerk Ulvila advised that before Council for consideration is a current list of City of Ukiah Commissions and their terms of office, with some terms expiring June 30,1999. Effective June 30, there will be vacancies on the Planning Commission, Airport Commission, Golf Course Committee, and the Parks and Recreation Commission. At a recent joint meeting of the Golf Course Committee and the Parks and Recreation Commission, it was voted and approved to merge the two bodies. Per Resolution 95-48, adopted June 7, 1995, the City Clerk will advertise the upcoming vacancies and notify each member they must re-apply if they are interested in serving another term. The application deadline is proposed to be June 25, 1999. Council interviews for Planning commissioner will be scheduled for a time prior to the first meeting in July, with the appointments agendized for that same meeting. All applications will be included in the Agenda packet for the July 7, 1999 meeting, at which time appointments will be considered. She recommended Council receive the report and authorize the City Clerk to advertise for vacancies. City Manager Horsley advised that the Parks and Recreation Commission and the Golf Course Committee used to be one committee, and that in 1989 were separated due to the problems and concerns at the Golf Course. The committees would like to go forward with the merger. The matter will be brought back to Council in June for consideration. Community Development Director DeKnoblough advised that the vote was unanimous to merge by both committees at separate meetings. He noted that the Golf Course Committee would like to see the Golf Course viewed as a significant recreational asset of the City. He reported that currently neither committee has adequate business to conduct regular meetings. He discussed the recent budget meetings with both groups. He also discussed lack of interest by the public to serve on these committees. Discussion followed regarding the problems and concerns of the Golf Course may not be the same as the problems, concerns, and needs of other recreational programs. Concern was also noted that the merged committee may be weighted regarding specific interests. Council expressed concern that members of the merged committee have broad interests and not focus on just golf issues, or park issues. Of special interest to Council was future plans for parks and trails, and how the new committee would adequately meet those needs. City Manager Horsley reported receiving information regarding a grant for pedestrian and bike paths along railroads. Staff will be meeting next week regarding applying for the grant. City Clerk Ulvila responded to an inquiry by Council regarding savings by merging the committees, and noted that the meeting transcriptionist would only have to attend one meeting instead of two, and that savings would also be had on paper for packets, and the use of the facilities. Discussion followed regarding upcoming vacancies on the committees and the process of appointment. It was noted that if the Golf Course Committee and Parks and Recreation Commission merge, there are some positions which would not be filled. City Manager Horsley advised that it is proposed that the merged committee consist of seven members and there would be representatives from the Mens' Golf Club as well as the Womens' Golf Club, with the remaining five members serving at large. City Attorney Rapport pointed out that Council went through a lot to establish a procedure for appointments. Mayor Mastin recommended that on the list of terms of City of Ukiah Board and Commission Members, that former Councilmember Kelly's name be deleted and replaced with Councilmember Ashiku regarding the nomination process. Consensus of Council was to receive the Report and authorized the City Clerk to advertise for vacancies with the Airport Commission and Planning Commission. May 19, 1999 Page 8 of 12 11e. Discussion of Possible Ballot Measure to Have the City_ Clerk be Ap_oointed by the City_ Council City Clerk Ulvila advised that before Council for discussion and approval is a proposal to call a Special Election in November 1999, requesting the election be consolidated with the other elections occurring at that time, and that it include a Ballot Measure designating the City Clerk as appointed by the City Council, rather than an elected position. She noted that Mendocino County Clerk Marsha Wharff estimated the cost for a Special Election to be approximately $7,500, which is similar to the cost for the November 1998 General Municipal Election. However, it was noted that the more districts that participate in the November 1999 election, the more the total cost of the election is distributed among the participants. She advised that since 1996, she is the third person to be appointed to the City Clerk position. The term expires in November 2000. In the November 1996 election, no one ran for the office of City Clerk. Subsequently, the City initiated an application process to fill the vacancy. Two previous Ballot Measures regarding appointed City Clerk have been presented to the voters of Ukiah, both being defeated. However, in the March 1996 election, it was narrowly defeated by a 46% to 53.9%. The only requirements to run for the office or Elected City Clerk are that a person is 18 years of age, a citizen of the United States, and a registered voter in the City of Ukiah. In Mendocino County, the City Clerks of Fort Bragg and Point Arena are appointed positions. The City of Willits has an elected City Clerk, however, the Deputy City Clerk performs most of the functions of the City Clerk's office for that city. At a recent City Clerk's conference, it was revealed that approximately 2/3 of the City Clerks in California are appointed and the trend is toward appointive City Clerks. A comparison was recently made that the Mendocino County Clerk of the Board, who is appointed and serves the Board of Supervisors, is very similar to a City Clerk in that each serves the Board or Council and both share similar administrative responsibilities. As the City Clerk of Ukiah for nearly a year, she has had the opportunity to assess the duties and responsibilities of the City Clerk's position. She felt that the City Clerk's position should be full time, rather than the 32 hour week currently allocated. She noted that her work schedule exceeds the 32 hours each week. As the City continues to grow and attempts to keep up with the state of the art technology, it is important that the City Clerk's office be prepared for the present as well as the future needs of the City and its citizens. Organization and knowledge of City functions are major necessities of keeping the City Clerk's office functioning efficiently. She felt it is important that the citizens of Ukiah have someone in the position who meets these qualifications. These qualifications are not required of anyone running for the elected office of City Clerk in Ukiah. Should someone be elected who does not possess these skills or have administrative abilities, the burden would fall upon City staff to make sure the job is done. In the event an elected City Clerk resigns from the position, or, as in the 1996 election no candidates ran for the office, an effective recruitment and selection process needs to be established in order to ensure the position is filled by a qualified person. The position should be filled from among qualified candidates, using the same time tested, competitive techniques used to hire other City staff, which objectively compare candidates based on their qualifications to perform the technical requirements of the job. An elected City Clerk cannot be as effectively supervised to insure the continued efficient performance of his or her job duties. Under this ballot measure, the City Council would directly appoint the City Clerk, after a thorough evaluation process has been completed. In Ukiah, voter interests are adequately protected by the separately elected Mayor and the elected City Council members. The City Clerk does not make policy. The City Clerk does not act as a check on the abuse of power by local government. Instead, as an elected position, it converts what should be a professionally-based technical and administrative job into a political office. An over-all consensus of City Clerks is that the City Clerk's position should be impartial, and not a political position. The citizens of Ukiah elect the Mayor and City Council to act on their behalf, and their appointment of a City Clerk should be part of their responsibilities to the constituents to ensure that the most qualified person May 19, 1999 Page 9 of 12 is appointed the job. Should Council wish to go forward with this proposal, a Resolution designating a Ballot Measure be placed on the November election will be brought back to Council in addition to an agreement with the County for election services. Mayor Mastin discussed the matter of Council's consideration of a Special Election during their last meeting with regard to filling a vacancy on the City Council. He felt that the proposal for a Special Election for City Council is very different than the proposal for the appointment of the City Clerk, in that the City Council would be without a Councilmember until the November election took place, and then the person would serve for only one year before the next election occurred. Cost was not a factor for that issue, in that Council would have been mandated by law to hold an election if an appointment did not occur prior to the deadline. Councilmember Libby was supportive of placing the proposal on the ballot, however, she did not feel it is an emergency issue and would be more inclined to wait until the General Municipal Election in November 2000. Mayor Mastin advised that, should Council wait until the year 2000 to place the matter before the voters, it would not take effect until the year 2004. City Clerk Ulvila was of the opinion that the previous measures did not adequately educate the voters as to what the City Clerk's position entails. She noted that research has proved that this type of measure is more successful during a Special Election rather than during a General Municipal Election because it is not overshadowed by other issues, such as the election of Councilmembers. She discussed the cost of a Special Election, noting that it was originally estimated that if no other entity participated, the cost would be $15,000. However, with other participants in the election, the cost for a Ballot Measure would be approximately $7,500. She discussed varying printing costs. Councilmember Baldwin inquired if there would be additional costs to include other measures on the ballot, such as having the Mayor's term be four years, and also a proposal to have numbered Council seats. He felt it would be more cost effective to have more than one measure on the ballot. City Clerk Ulvila advised that the County Clerk has indicated the cost would be approximately $7,500, with additional costs for printing. A primary election is scheduled for March 2000, and the County Clerk informed her that the costs would be even higher should measure(s) be placed on the ballot, since the pamphlets are printed by party affiliation. During a regular election year, the cost to place a ballot measure would be approximately $7,500. She referred to the time line presented in the staff report, noting that Council would need to make a decision in June, in order for the Resolution and Agreement to be submitted to the Board of Supervisors by July 5, 1999. She noted that at the March 1996 election, the two measures presented were to have the City Clerk appointed and to have the City Treasurer appointed. Discussion followed concerning placing a measure on the ballot to elect the Mayor to a four year term. City Attomey Rapport advised that there would be a need to have two measures on the ballot with regard to the Mayor's term: 1 ) Should the Mayor be elected or appointed?, and 2) Should the Mayor's term be for two years or four years? Councilmember Baldwin explained his proposal for numbered Council seats, in that there would be four numbered incumbents. If an incumbent ran for election, a person could challenge that incumbent for their numbered seat. Consensus of Council directed the City Clerk to research the matter and provide Council with a cost estimate to have more than one ballot measure at the November 1999 election. May 19, 1999 Page 10 of 12 12. CITY COUNCIL REPORTS Councilmember Libby reported that she attended the Sun House Guild meeting and they are working on their fund-raiser for June 6, 1999. Three more Grace Hudson paintings were donated to them by a couple in Connecticut. The Guild is exploring having their own Web page, separate from the City's. At the June 6 event, they will be presented with the $400,000 donation for the building fund. They received a complaint regarding the park at the Sun House needing to be policed more. There have been reports of undesirables loitering and the matter will be investigated. Councilmember Baldwin reported that he attended the Mendocino County Inland Water and Power Commission meeting. A number of members expressed concern because the National Marine Fisheries Service submitted an alternative proposal to FERC which calls for a greater limitation on the diversion into the Russian River. This led to great concern by the Potter Valley representative and Michael Delbar, which had split from the fishery review group. There is continuing discussion regarding the flaws in the draft ElS statement, which should be explored at a conference in Santa Rosa on June 12 and 13, 1999. Meanwhile, the Steiner Ditch proposal is catching increasing flack from the Potter Valley farmers and ranchers because they are concerned that it would then introduce into spawning fields endangered species. The Potter Valley creeks would then be open to "endangered species" which would then cause the ranchers to come under Section 7 requirements with regard to their agricultural practices. All proposals being discussed are extremely costly. He advised that the Russian River Council will meet this Saturday. Councilmember Ashiku had nothing to report. Mayor Mastin referred to the MSWMA budget, noting there will be a reduction in the MSWMA surcharge by $0.50, which means the rates will be lowered. He reported that there is an interested party in the nine acres on North State Street and the matter is still being negotiated. He noted that the Court of Appeals upheld a lower court ruling regarding the North Forks Group challenge to the EIR process, thus MSWM^'s legal fees will be reduced this year. He reported that Cheryl Willis, Caltrans District Representative, called MTA today, leaving a message after the NCRA meeting in Rio Dell, and reported that the Transit Center item is moving forward and looked promising. He noted a communication from Assistance City Manger Flad regarding a World War II program being put together by Kate Magruder based on a war novel by Studs Strickel that she rewrote into a play. He has given her permission to do it again and the program will involve events around town focusing on events of World War I1. He discussed attending a meeting in Woodland last Friday and also toured the Woodland Hotel, at the request of Judy Pruden. The hotel was remodeled by the same architect that S.P.A.C.E. has retained to remodel the old St. Mary's Church. He was very impressed by the building, in a courtyard design, and included senior housing above, retail stores and office space at ground level. He noted that prior to Kristy Kelly's resignation, she comprised a committee with him which was to meet with Supervisors Michael Delbar and Tom Lucier regarding annexation and potential tax sharing issues. He noted her position needs to be replaced. Councilmember Ashiku volunteered to participate on the committee since he also sits on LAFCO, which discusses annexations. City Manager Horsley advised that the most important issue is the Brush Street triangle because of the situation with the bridge. Any future discussions would be if the City and County were interested in changing the boundaries of the City limits both to the north and to the south. Mayor Mastin discussed Council previously receiving information on walkable communities. ^ workshop was held in Willits this week and Associate Planner Lohse was in attendance. He hopes to receive a report from Mr. Lohse regarding the workshop. May 19, 1999 Page 11 of 12 City Manager Horsley advised that Mr. Lohse felt the workshop was very similar to Ukiah's Bicycle and Pedestrian Master Plan. 11. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley advised that Charlie Myers contacted her regarding continued interest in the Wards site for a school. He inquired if any Councilmember would be interested in joining them on a trip to Sacramento with other members of their committee to meet with groups that might have funding available for school projectS. They would also meet with legislative representatives, as they pursue alternative or additional funding for a school site at the Wards location. Councilmember Ashiku volunteered to participate in the trip to Sacramento. 12. CLOSED SESSION a. G.C. §54956.9{b){1)- Conference With Legal Counsel Regardin? 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 Ukiah, Mendocino County_ Superior Court Case No, 77252 No action taken. 13. ADJOURNMENT There being no further business the meeting was adjourned at 8:42 p.m. Marie Ulvila, City Clerk May 19, 1999 Page 12 of 12