Loading...
HomeMy WebLinkAboutMin 06-02-99MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, June 2, 1999 The Ukiah City Council met at a Regular Meeting on June 2, 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 Council- members were present: Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. Staff present: Customer Service Supervisor Archibald, Public Utilities Director Barnes, Community Services Director DeKnoblough, Finance Director Elton, Fire Marshal Evans, Assistant City Manager Flad, Personnel Officer Harris, City Manager Horsley, City Attorney Rapport, Fire Chief Sandelin, Planning Director Sawyer, Deputy Director of Public Works Seanor, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Smith led the Pledge of Allegiance. 3a. PROCLAMATION: ,~oroptimist International of Ukiah Day - June 4, 1999 Mayor Mastin read the proclamation designating Friday, June 4, 1999, as Soroptimist International of Ukiah Day in celebration of their 50 years of contributions to the community. Lucille Mirata, President of Soroptimist International of Ukiah, accepted the Proclamation on behalf of Soroptimist of Ukiah. She announced that Friday, June 4, 1999 will mark their 50th anniversary serving the Ukiah community. Soroptimist Marilyn Ogle was also present. 3b. PRESENTATION: Regarding Westside Ukiah Vegetation Management Program Fire Chief Sandelin advised that a joint presentation to Council is being made by the City of Ukiah's Fire Department and the California Department of Forestry (CDF) to reduce the risks associated with the outbreak of wildfire on the west hills of the Ukiah Valley. He advised that the last major fire in Ukiah occurred in 1959 and was located south of the City limits. He reported that a wild fire in the western hills could become a catastrophe if the City is unprepared. Fire Marshal Evans advised that the Ukiah Fire Department will be able to provide increased fire safety for Ukiah's western hills for practically no cost to the City. He reported that there has been a buildup of vegetation over 50 years which has created debris and dead litter, and has become dense due to lack of removal. During the summer, this presents a situation of extreme fire danger. The ramifications are seen every summer throughout California and results in loss of life and injuries. He referred to the terrain of the 1991 Oakland Hills fire and, although to a lesser extent, many of the same conditions exist in Ukiah's western hills, such as dense, dry vegetation, poor access on steep terrains, little or not water supply, homes built within this vegetation, and little or no separation between the homes and vegetation. It has been the desire of the Fire Department to initiate a fire safety program for the western hills. The City of Ukiah Fire Department has an opportunity to work with CDF on a pilot project for Mendocino County. The project is a high priority of all cooperators: Ukiah Fire Department, Ukiah Valley Fire District, and CDF and will consist of four phases: 1) Shaded fuel breaks; 2) Firebreaks, east-west along ridge tops; 3) Controlled burning along ridge tops; and 4) Maintenance approximately every other year. He provided Council with a map of the area and discussed the four phases of the project. He introduced Battalion Chiefs Jim Robertson and Todd Derum, and Chief Lloyd Johnson of CDF who have been working on the project. The benefit of the project would greatly increase fire safety with little expense to the City and no expense to the property owner. It is estimated that the City's portion would cost approximately $1,006. The City would also contribute staff support in contacting property owners for approval of the project. It would also create a defensible space from which to attack and control fires and will not only stop the occurrences of fires, but will provide for June 2, 1999 Page I of 20 a greatly increased opportunity to control fires and be able to defend homes. CDF Battalion Chief Jim Robertson advised that they plan to begin organization of the project on July 2, 1999. The crew will be composed from Chamberlain Park and the project is scheduled to commence on August 2, 1999. Council discussed the feasibility of incorporating a rim trail around the valley in conjunction with the fire breaks. Mr. Robertson advised that they use trails for fuel breaks and creating them simultaneously and could be incorporated into the Project. He will look into the matter.. 4a. APPROVAL OF MINUTES - Amended Minutes of Regular Meeting of May 5; 1999 MIS AshikulLibby to approve the minutes of the Special Meeting of May 12, 1999, as amended, carried by a unanimous voice vote, with Councilmember Smith abstaining. 4b. APPROVAL OF MINUTES - Special Meeting of May 12. 1999 MIS AshikulLibby to approve the minutes of the Special Meeting of May 12, 1999, as submitted, carried by a unanimous voice vote, with Councilmember Smith abstaining. 4c. APPROVAL OF MINUTES - Regular Meeting of May 19, 1999 Councilmember Libby referred to Page 7 of 16, third paragraph, and noted the last sentence should read: "...the public may see their electric rates cut in half by the year 2007." Councilmember Baldwin was of the opinion that the date should be 2006. Mayor Mastin felt the date depended on how a person interprets it, and that it was not a direct quote of anyone. ,- City Manager Horsley advised that if we continued to bank every year, the way we did this year, we could reach market by 2004. Public Works Director Bames advised that the City moved the date from July 1, 2007 to July 1, 2006. The extra amount that we would put into the banking with the additional reserves was then extended to January 2006. Councilmember Libby suggested that the year be changed to either 2006 or 2007. Motion Baldwin/Ashiku to amend the minutes on page 7, paragraph 3, changing the date in the,minutes to 2006. Councilmember Libby advised that when Council was coming up with the rate of $1.91 per electric bill (as noted on page 7, third paragraph), this amount was based on an average residential electric bill of $58 per month. She would like this added into the third paragraph on page 7 of the minutes, that this is how we came up with this amount. MIS AshikulBaldwin to approve the minutes of the Regular Meeting of May 19, 1999, with the noted corrections by Councilmember Libby concerning page 7, third paragraph, carried by a unanimous voice vote, with Councilmember Smith abstaining. 5. RIGHT TO APPEAL DECISION Mayor Mastin reviewed the appeal process. 6. CONSENT CALENDAR MIS AshikulBaldwin to approve Items a-d of the Consent Calendar as follows: a. Rejected Claim for Damages Received from Jack R. Boyes and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; b. Approved Notice of Completion for Crane of Ukiah for the Construction of a Fire Tower; c. Adopted Resolution No. 99-42 Waiving the 60-day Notification Requirement for Establishing a County Facility in the City, Pursuant to Government Code §25351; d. Joined Amicus Brief in Friends of the Earth v. Laidlaw Environmental Services. June 2,1999 Page 2 of 20 The motion carded by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN' None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS_ Oscar Groves, 374 Wabash, Ukiah, suggested that Council change their perspective on budgeting with regard to expenses. He felt that the utilities are a "cash cow" and that Proposition 13 did not stop the City from raising utility rates. He felt the current utility rates are unreasonable and that Council should vote to lower the rates by a specific date and that there be an immediate 10% cut in rates. He recommended the City instruct its road crew to properly place a road sign on Orchard Avenue that it is not a City maintained road. City Manager Horsley advised that the repaving of Orchard Avenue had been postponed due to weather conditions. It is scheduled to be repaved during the second week in June. 9. UNFINISHED BUSINESS 9a. Council Appointment of Vice Mayor MIS Baldwin/Libby to appoint Councilmember Ashiku as Vice Mayor; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None. Councilmember Libby inquired as to the Vice Mayor's responsibilities, which Council and staff described. 6:58 p.m. - Recessed. 7:00 p.m. - Reconvened. 8. PUBLIC HEARING (7;00 P,M,) a. Application to Demolish a Residential Structure Over 50 Years Old Located at 232 Mason Street Planning.Director Sawyer advised that the single family residential structure located at 232 Mason Street has been determined to be over 50 years old. Pursuant to the newly adopted demolition provisions, (City Code §3016), it is subject to review and approval by the City Council. The Demolition Permit Review Committee acted unanimously to approve the demolition of this Structure and recommended Council's approval. Staff conducted an environmental review of the project and found no historical or architectural significance, and recommended the CEQA exemption as noted in the Staff Report. 7:02 p.m. - Public Hearing Opened. No comments received. 7:03 p.m. - Public Hearing Closed. MIS Baldwin/Ashiku to approve demolition of a structure over 50 years old located at 232 Mason Street, based on the finding that it does not possess historical or architectural significance; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN' None. ABSENT: None. 8. PUBLIC HEARING (7:00 P,M.) 8b. Receive Public Comments and Make a Determination Relative to AIIowin_n Direct Access to the City of Ukiah Electrical System by Other Energy Providers Public Utilities Director Bames advised that Assembly Bill 1890 mandates direct access for Investor Owed Utilities, while excluding municipal utilities. Although AB 1890 did not mandate open or direct access for municipalities, it gives public utilities the opportunity to participate. In order to do this, AB 1890 requires that public utilities hold a public hearing to discuss the issue of direct access within their service area, and make a determination to allow direct access or to leave the service area closed to other energy providers. Should Council make the determination not to allow direct access at this time, it does not prevent the City from allowing direct access in the future. He noted that open access relates only to the energy portion of the service being provided to electric customers. June 2, 1999 Page 3 of 20 He reported that while direct access would allow customers the ability to choose an energy provider, it would impose significant risks to the City of Ukiah and it's customers. He discussed his concerns with the risks involved and felt it would be in the best interest of the City and it's customers to not open access at this time. These risks include: 1) Large customers may leave the service area causing a significant loss of revenue that would require increasing rates, which would cause other customers to leave the service area. This "death spiral" could eventually lead to default on City debt, which would have a major impact on future funding of City projects and significantly higher electric rates for those remaining on the system. 2) The City would be responsible for measuring, billing and collection of other providers' services. This would require additional resources including personnel, new software and hardware, and the responsibility for settlement of bills between energy providers. 3) Rates for the various service components' must be unbundled and the true costs to provide the services must be determined. 4) The City of Ukiah would be the default service provider. Although customers may choose an energy provider other than the City, the City would be required to maintain enough energy to supply those customers should their provider fail to deliver. 5) Direct access would require a reduction of operating expenditures by approximately $2 million annually, assuming the collection of a Competition Transition Charge from customers leaving the system. The City's current operating budget is only $3.1 million annually, indicating that a $2 million reduction would severely curtail system operation. Councilmember Smith requested clarification concerning option 4. Public Utilities Director Barnes advised that, since other providers.would be using the City's distribution system, there is no way to determine where the electrons are coming from and there is no way to determine when the other energy provider ceases to provide electricity. The only way to determine the usage is by metering. Therefore, the City would need to be able to maintain the ability to serve the same load as it does now, should the other provider's service fail. Councilmember Libby presented several queries to Mr. Barnes which he answered as they were presented. Mr. Bames responded to Councilmember Libby's inquiry of the estimated annual amount of the City's electrical revenue would be lost if every residential customers opted to go with another utility company, to be approximately $4.4 million. Upon conferring with staff members, he advised that approximately 60%, or 4,500 to 5,000 customers, of the City's customers are residential. He explained that the average residential rate was based on the KVVH consumed by customers in the Residential Rate Class and the rate in that class. He responded to several questions by Councilmember Libby concerning the City's debt. For generation only, the City pays approximately $0.06 per KVV, only, and that the average charge per-customer is approximately $0.125, noting that it costs the City $0.06 for generation only. Other than the hydroelectric plant, the City still has a debt on other generation plants which are run by the Northern California Power Association (NCPA) who dispatches the units for the City. He discussed the reasons why the City's rates are higher than other cities who joined NCPA, notably the Lake Mendocino Hydroelectric Project debt. Secondly, the City invested very heavily in geothermal and hydrothermal energy sources, which are very capital intensive to participate in and to operate. The Franchise Fee is included in the City's operating budget. He did not know when the Fee was instituted or its initial amount. City Manager Horsley advised that the Franchise Fee was instituted prior to 1986. She will provide Councilmember Libby with information regarding the Fee. Public Utilities Director Barnes continued to respond to Councilmember Libby's June 2, 1999 Page 4 of 20 O~ jo c3 a§ecl 666 ~ '~ aunt 'suo!~do eq~ §u!~e!^e~ ueq~ 'puno~§ elpp!uJ euJos e^eq seop I!ounoo ~leJ ,{qq!'i ~eqmeml!ounoo · uJe~s,{s eql jo eJnlonJls pue ;XJOlS!q 'seleJ X~!l!ln oploele eql §u!uJeouoo ~ye~s jo sep!nbu! Jeq penu!~uoo ,~qq!9 Jeqcuecul!ounoo · lunoooe eAJeSeJ e olu!/(eUOLU 1nd o1/~1!0 eqi peJ!nbeJ pue 'spuoq J!eql uo pellnejep 1! esneoeq se]eJ eqi pes!eJ lsel /~1!0 eq] leU} pelou seuJeE! JOlOeJ!a se!l!lP, n o!lqnd · ap!se les e JaM 40!4M seAJeSeJ ewos dn peeJ~ 1! 'peoueugeJ, SeM lqep e41 ueqM le41 pelou n)l!qsv Jaqmeml!ounoo 'Jellew s!41 §u!uJeoUOO peMOIlO~ uo!ssnos!o 'UO!ll!W cj';~$/(lelew!xoJdde ol §u!lunowe 'sJejSueJj VcJON ol uo!l!ppe u! pesn I]JeM $SAJI~SeJ e4J JO eWOS 'se!l!l!Oej e41 jo §u!puoq ~41 uo UMOp p!ed lq~P a41 la§ ol luoJ~ dn/~euow 1nd ol pesn SCM VdON woJJ peA!eOeJ/~),!0 e4J/~euow eql le41 pas!Ape setueEi JOlOeJ!a se!l!l!ln o!lqnd '/~1!1!1n eql jo suogeJedo Ul sesuedxe peJeAOO eseeJou! eleJ eql pue sle§Jel Jeln§ej sl! leeuJ PlnOM/~1!0 eql peuJnsse ~je~s ~eql pm, ou eH 'euJoou! eJlxe ou s! eJeql ~eq~ pas!Ape semea Jo~,oeJ!O se!,!mn o!lqnd · spunj eAJeseJ pue seseeJou! eleJ Ol pJe6eJ ql!M ~gelS jo seuenb Jeq penu!luoo eqs 'o6e sJee/~ eeJ41%~: ~ Ol seleJ/~1!1!1n sl! pes!eJ/~1!0 e41 ueqM PeleJeue6 SeM ewoou~ lenuue eJlxe qontu MOq O1 Se peJ!nbu! eqs 'se!l!l!ln eql ~o slqep eql uo peseq s~ e~leuJ ol speeu I!ounoo uo!s!oep-eql leql uo!u!do eql ~O.SeM ,{qqrl JaqmetUl!Ounoo 'Xel s,JeSrl e peq JeAeU seq/~1!0 eqj. 'll!q/~!l!ln eql uo pels!l s! pue xel JeSrl e 1! Jep!suoo se!l!o auJOS leq1 pelou eqs 'se!l!l!ln JO~ pe6JeqO ee~ pJepuels e se~ ee-I es!qoueJ:l eql 'lies 0g!oed uJoJ~ e6Jeqo clod e pue 'Jele~ ":1 ~ '~D'd se Lions se!l!l!ln Jeqlo uJoJ~ ee:l es!qoueJ-I eql Ol Jel!uJ!s eej e seA!eoeJ osle/~1!O eql leql pas!Ape/~alSJOH Ja6euelN/~l!O Mayor Mastin argued there is no middle ground and that Council, at this time, needs to decide whether to open access to the City customers. He pointed out. that this is not the same issue as discussed by Council during the Utility Workshop two weeks ago. There is no "maybe" in Council's decision but rather a "yes" or "no" vote. City Manager Horsley reported that information given to Council at the Utility Workshop encompassed the whole picture of the utility; debt restructuring, and its future in order to give Council background of the status of the utility. Since Council already had the Workshop, it is now only a question of whether the City will open its market to other utilities. She noted that Council does have the option of opening the utilities at anytime. If Council feels they do not have enough information at this time, staff will provide them with additional information at the next meeting. Councilmember Libby was of the understanding that the matter before Council at this time is to make a "yes" or "no" decision and designate when the utilities would be open. Councilmember Ashiku advised that Council does not need to make the decision tonight as to when they will open the utilities. This utility depends so much on market conditions that it is difficult to predict exact revenues and is why there has been revenue short-falls in the past. It is difficult to predict if the City will be able to bank any savings in the next few years, therefore, it is impossible to designate a date when the City will be at market. He noted that, should the. market change, the City will still have the debt that it will need to repay. As long as the market remains lower than what we can charge our customers to service our' expenses, the City won't be able to be at market. He noted that the Ukiah community voted over 10 years ago for green power. The citizens have a duty and obligation to repay that debt and the City has a responsibility to its bond holder. He reported that there are communities outside this geographical area that decided to invest in gas driven power plants. The City of Ukiah also had that opportunity. The City could have built a 30 megawatt gas-driven plant in the Ukiah Valley for the same price that they built a 3 megawatt plant at Lake Mendocino. The plant would have been able to handle all of Ukiah's generation needs. However, the Ukiah community decided they wanted renewable power and it went to a vote. Now some people in the community do not want to live by that vote. He discussed his early years on the City Council and his involvement with NCPA and that by working with Mr. Barnes, he became more aware of the City's utility problems. There were a lot of expenses that were very high, and Mr. Barnes and staff worked very hard to bring those expenses in line. He discussed the restructuring of the City's debt through NCPA to bring the City to market rate in a reasonable amount of time. Mr. Barnes assessed the utility system and instituted changes to make the system more reliable. He noted that last year, one of the components of the deregulation bill was the Public Benefits Charge of 2.8% which was to be paid by all utility customers throughout the region. The City of Ukiah's utility did not include this charge in their rates. He noted that this is nearly half of the Franchise Fee rate, which was rebated te the most needy customers in the Ukiah community, and is known as the Public Benefits Charge. He discussed increasing eligibility standards, however, he noted that the City has a high debt service. For many customers it is difficult to understand that in the long run they will benefit greatly from having green power and power that will possibly shield them from larger increases in rates that are fossil fuel dependent. City Manager Horsley advised that the action taken by Council was to cap the Franchise Fee for this fiscal year and next fiscal year, back to 1996 rates. Instead of the rate being 6%, it is 4.9% and is steadily coming down. As revenue increases, the rate will continue to fall. 7:29 p.m. - Public Hearing Opened. Ed Hamett, Ukiah, advised that people feel they are not being treated fairly by the utility. The City Council cannot determine how much the utility bills will be reduced, and expressed his doubt that any Councilmember present has a difficult time paying their utility bill. He advised that he applied for a rate reduction, and barely qualified for a reduction of $6 per month. He felt the reduction should be a percentage and should be open to all Iow income people in the community. He discussed Iow income families having difficulty June 2, 1999 Page 6 of 20 paying their utility bill. He advised that if he could switch utility providers, he would. He felt that the people suffer from the high cost of utility rates, not businesses. It was his opinion that Council should do something now and give the people some consideration. He felt that Council, over the years, has siphoned a lot of money from the General Fund. Mayor Mastin responded that he did not like to hear the facts and figures distorted. Melissa Broaddus, 959-C North Oak, had questions regarding other ways to fund the utility, such as alternative energy net metering, the utility enterprise system, and to use the $3.5 million to more aggressively pursue alternatives. She would like to see Council's decision to include language to approve the proposal contingent upon lowering rates with definable goals within certain time periods. The City could hire a consultant, if need be, in order to find ways to reduce the rates and decrease the debt service. She discussed green energy power, customers using their affordable take capacity, and an option for customers to sell energy back to the utility. She distributed a summary to Council which listed resources and noted a consultant in Fort Bragg, Michael Potts, could be available to assist the City. Terry Poplawski, 612 Walnut, discussed issues that went into the vote the City made for green energy. He felt it was not a mistake, even though the market does not look good now, and felt the next crisis will concern green house gases. He advised that he participated in the re-writing of the City's General Plan Energy Element. He felt that energy, in general, is way under-priced as a commodity in our economy and life style and opposed deregulation of.utilities. He noted that one of the ways in which P.G.&E. became competitive was to drastically cut their work force. As a representative of organized labor in Mendocino County, he knows of the jobs and people it impacted from deregulation. He discussed Ukiah's utility and its commitment to service to the community. He discussed the burden of paying utility bills by some individuals. He felt good about good about voting for the hydroelectric plant several years ago and would like to having things remain as they are now, or until events are less precipitous to the entire City's structure. He did n~3t feel that any surpluses generated by the City have been wasted in any way. Judy Pruden, 304 So. Hortense, advised that she was unable to attend the recent Utility Workshop. She agreed with Council's recent decision to bank the money rather than reduce electrical rates by less than $2 each month and would like to see Council spend more money on undergrounding utilities. She advised that she voted against the hydroelectric plant, but is living with the majority decision. Given the opportunity to buy cheaper electricity from another source, she would. Utilities have become a commodity, are very cyclic, and it is impossible to predict their financial stability. She felt that, .given the o. pportunity, many City customers will follow suit and go with a cheaper utility. Knowing what it will do to the City's financial status, she felt it would be imprudent to go to the open market at this time. If the City does not open the market to other energy providers, she would like Council to explore options such as time of day metering, affordable takes, and trickle back should be allowed, as well as other alternate energy methods. ,She felt that customers should be rewarded for utilizing energy efficient methods. 7:47 p. - Public Hearing Closed. Public Utility Director Barnes responded to a question of Councilmember Ashiku concerning responsibility for the hydroelectric bonds, by advising that the City of Ukiah is responsible for the debt and that other City assets may be at risk should the City default on the bonds. Councilmember Ashiku was of the opinion that some members of the community need to be aware of this responsibility and that opening the market at this time would result in financial disaster for the utility and the City. City Attorney Rapport advised that these were revenue bonds and are limited to the revenues. The City made covenants in the bonds to maintain the rates and to service the bonds. If the City violated those covenants, its credit rating would be destroyed and any other borrowing that the City would need, would cost the City greatly. June 2, 1999 Page 7 of 20 Mayor Mastin noted that a covenant of the bonds is that the rates need to cover the bond payment. If the City looses customers, the rates may need to be increased to those remaining customers. He inquired of the City Attorney if the City increased the rates, could it be challenged by an initiative or by court action. City Attorney Rapport noted that if the City has a contractual obligation to maintain the rates to service the bonds, the City would have that contractual obligation, regardless. However, he would need to research the matter in order to advise Council. City Manager Horsley advised members of the audience that the City originally calculated that it would not be able to go to market rate until 2017. By restructuring bonds, lowering its expenditures, and various other things, it is now calculated to occur in the year 2006. The City has reduced the number of years by implementing these measures during the past 3-5 years. The City has been very diligently coming down to market rate as quickly as possible, and that is the City's ultimate goal. The City keeps lowering expenditures and whatever we need to do in order to meet the goal of getting to market as quickly as possible. Mayor Mastin advised that there is pending federal legislation which could force the City to market by 2003. If the City is not prepared by that time, the cost to the City would be approximately $6 million per year to support the electric utility. He noted there is a possibility that the legislation may not be implemented. Councilmember Baldwin advised that the City would need to put the Aii'port, Conference Center, Golf Course, and other assets on the market to cover payment on the bonds. Discussion followed concerning the bonds with regard to pre-payment. It was noted by Councilmember Ashiku that should legislation pass which would change the status of the utility's tax free bonds, it would put the City in a very difficult situation. Councilmember Libby advised that she is aware that there may be problems if the City opens its market, however, she felt that the word "bankruptcy" is a "scare tactic". She discussed excess reserves of $3 million and Council's decision not to give that back to the customers because they wanted to meet market rate by 2006. She felt the City should give the customers a date when it can open the market. Councilmember Ashiku discussed bankruptcy proceedings and the uncertainty of predicting which direction the market will go in the future. He advised that part of Council's rationale to bank the $6.5 million was not only to shorten the time to market, but it also gave the City a fund in case the market prematurely opened, since the City would not have revenue set aside. He discussed maintenance of utilities and the City's reserves. He felt it is not possible to cut rates at this time because the City has an obligation to pay its debts and needs to act responsibly. Mr. Barnes advised that in 1997 the City projected it would meet target, but had some failures at Collierville that resulted in raising the City's purchased power Cost by $600,000. Mayor Mastin was of the opinion that the City could not cut rates, and do it responsibly. Councilmember Libby disagreed with Mayor Mastin and Councilmember Ashiku, noting that the City had an excess of $3 million and felt the City owes it to the rate payers. She discussed previous rate increases and how it is a burden to some rate payers. She advised that the City has other options to deregulate. Mayor Mastin discussed the estimated $1.91 rate decrease and its affect on rate payers, noting that Mr. Harnett spoke earlier about this matter and was contemptuous that he would only receive a $6 decrease in his bill. He was of the opinion that a rate decrease wouldn't make much difference to customers now, but it will in four years. Councilmember Ashiku, as a point of order, noted that the action before Council is to decide whether to open the market for direct access or maintaining the status quo at this time. June 2, 1999 Page 8 of 20 0~: jo 6 e§ed 666 ~ '~: eunl' 'uo!ldo s!41 pelelSeJ/~qq!-I JequJeWl!ounoo Jel~V 'elelSeJ Ol Je4 pe>lSe e4 40!4M 'uo!ldo puooes ell1 Jo eA!poddns SeM/~qq!-I JequJeUJl!ounoo J! peJ!nbu! n>l!tl$~ Jeqtu~uJl!3unoO · punj eql lueuJelddns ol Xel es!qoueJd eql jo uo!pod e 6u~sn jo Xl!l!q!ssod eql se IleM se 'pensJnd SeM uJeJ6oJd e qons JOj 6u!punj eql uo 000'0SS$ jo uo!lel!UJ!l e eoeld ol JeqleqM jo JelleuJ eqi 'pessnos!p OSle SCM elep Jelel e le e6JeqO slgeue8 o!lqnd eql le 6u!Hool Jo aouepoduJ! eqi 'au J!l s!ql le le~JeUJ eql uedo ol JeqleqM '.l!ounoo eJojeq enss! eql 6u!uJeoUOO peMOIIOJ uo!ssnos!a · eu!lPeep e41 eJojeq Jellew e41 uo uo!loe erie1 ol ~l!unpoddo lSel J!e41 eq PlnOM S!41 '6u!leew le!oeds e SlleO I!ounoo SSelUN '888 ~ '~ Xlnr ol Jo!Jd 'l!ounoo Xq epew uo!s!oep e pue 'Ple4 eq 6u!JeeH o!lqnd e le41 seJ!nbeJ 088 ~ 8V le41 pas!Ape saLue8 · leHJeLU eql 6Uluedo 6u!pJe6eJ lq6!uol uo!s!oep e e4euJ ol peJ!nbeJ s! I!ounoo J! peJ!nbu! U!MPle8 Jeqmetul!ounoo · spJepuels/~l!l!q!6!le 6u!6ueq~ se IleM Se 'pepnlou! eq omAoJd e leql uo!lo~ eql ol luampua~e papu~m~ooaJ S,u!MPle8 Jaq~a~l!ounoo Bu~uJaoUOO paMOIIOJ uo!ss~s!a 'pJepuels e uodn eeJ6e Ol eU!l/~pe^od MOleq JO le 6u!^!l eJe OqM sJeuJolsno/~l!l!ln/~l!O jo JequJnu eql ol se epeuJ eq ol peeu PlnOM UO!leU!UJJelep e leql pas!Ape iJoddetd XauJo~lv X~,!O · 6u!leeuJ Xue le leNJeUJ eql uedo ol le!uep eql I!S!AeJ ueo I!ounoo leql pes!Ape U!MPle~ Jeqmetul!ounoo · lsenbeJ sno~AeJd S,U!MPle8 JequJeWl!Ounoo uo peseq '6u!leeLu 666 ~'9~ eunF J!eql le I!ounoo eJojeq 6u~woo eq II!M JelleuJ eql leql pes!Ape XalSJOH JaBeue~ 'elep Jelel e le Jelle~ eql I!S!AeJ O1 e>l!l PlnOM eH 'J!eJ pue luels!suoo 1! e>le~ ol Jap JO u~ uo!lonpeJ eleJ e ep!^oJd OI'MOq 'spunj lue!o!~s lOU s! eJeql J! 'eu!~Jelep ol peeu OSle PlnOM I!ounoo '>IJOM PlnOM ~eJBoJd eql MOq pue sic^el e~oou~ eql 6u~uJeouoo peu!elqo eq ol speeu UOile~JOjU! leUO!l!ppe 1lei ell 'JeAeMOH 'eBJeqO slYeues o!lqnd eql JOj slue~eJ!nbeJ Xlil!q!B!le S,Xl!O e41 e6ueqo ol luewl!wwoo s!4 pesseJdxe n>l!qSV Jeqtuetul!ounoo · eouels e^!sseJ66e eJotu e eNel pue uo!lonpeJ eleJ eql le6Jel ~1!O eql pelseB6ns eH '~l!oploele jo InjelseM lso~ eJe leql esoql pue qo!J eql slyeueq 1! Moq pue 'uo!lonpeJ eleJ 1eli JO eBelueoJed led e pessnos!p eH 'sJo~ues JOj eq lsn[ lou plnoqs meJBoJd eql leql pue ,~le^!loe~je pez!l!ln 6u!eq lou si tueJBoJd e qons JOj Xl!O eql Xq ap!se les punj eql leql uo!u!do s!q SeM II · saleJ paonpaJ JO aU!l aJ!l JOj A:J!lenb 'MOl~q JO 'IaAaI/~paAod alii le a~ooul ue aAeq oqM e$Oql lie pepue~ooaJ eH '~eJBoJd uo!lonp~J eleJ eql u! pa^lO^U! 'Molaq JO I~^al X~^od eql le 6u!^!l eldoed 6u!lle6 ensJnd/~leA!sseJ66e II!M/~lIO eql leql uoIlo~ eql u! pepnlou! s~ om^oJd e j!/~lUO uo!lom alii poddns plnoo eLI leql pas!Ape u!MpI~I~! Jeqmeml!ounoc) 'LUelStS O!JlOelSi s,qe!>ll'l jo ,~1!0 eql ol sseooe loeJ!P ,{uep Ol qi!tus/n>l!qsv SI~ he advised that this is the very thing that Council is trying to achieve at this meeting. Council is not opening the market at this time, but is banking its savings, and holding the rates constant, and trying to reduce rates to the needy by evaluating the Public Benefits Charge, and trying to get to market as quickly as possible by saying that we will not open the market at this time. He noted that Council has a regulatory decision to make at this time. Councilmember Libby advised that she is supportive of Option #2 if it can guarantee reduced rates at the specific date of 2006. She felt the City owes it to the utility payers to give them a date. She could not support the motion based on "if's". Discussion followed concerning ENRON and that they are pulling out of the California market because it is so unpredictable, even though they have a lot of commercial customers. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: Councilmember Libby. ABSTAIN: None. ABSENT: None. . 8:20 p.m. - Recessed. 8:30 p.m. - Reconvened. 9b. Council Consideration and Possible Ballot Measures for November 1999 Election City Clerk Ulvila advised that at the May 19, 1999 City Council meeting, she presented a proposal to place a Ballot Measure before the voters at the November' 1999 election to have the City Clerk's position be appointive. Council discussed the matter at the meeting and entertained the option of possibly including more than one measure on the ballot. Council also directed her to provide a cost analysis for a Special Election with multiple ballot measures. She discussed the matter with Mendocino County Clerk Marsha Wharff, who found it difficult to estimate the cost for a Special Election for ballot measures since various factors need to be considered, such as ballot printing costs, legal noticing, printing of arguments for and against a measure, and if other entities will be participating in the election. It was her estimate that a base rate of $7,500 could be placed on the cost to hold a Special Election. Taking into consideration approximately $500 per ballot measure for printing costs, the estimated cost for one ballot measure would be $8,000, two ballot measures would be $8,500, and three ballot measures would be $9,000. She advised that on May 24, 1999, she conducted a survey which included the Mendocino County Office of Education, Ukiah Unified School District, and Mendocino College, all of which indicated they will be participating in the November 1999 election. Therefore, it is likely that, should the City participate in the election, the election costs would be shared by various participants. A cost analysis of previous elections which included ballot measures as well as Council seats was provided in the Council packet. The most current elections occurring in March 1996 and November 1998, cost $7,820.11 and $7,533.80 respectively. The City Clerk recommended that Council call a Special Election for November 1999 to include multiple ballot measures. Should Council desire to hold a Special Election, a Resolution and Agreement were included in the Staff Report for consideration. Councilmember Baldwin discussed the concept of having numbered Council seats. Each Council seat would be numbered so that a candidate would file for a specific numbered seat. He felt it would be a benefit to the community and discussed world views and perspectives of the future, in this way, a candidate would be able to run against an incumbent who shared a different view. Mayor Mastin inquired if there was a "none of the above" option. June 2, 1999 Page 10 of 20 City Attorney Rapport did not have an answer. Councilmember Baldwin was of the opinion that no term should be for only two years. The voters wanted to keep the Mayor's term elective, but felt they may be responsive to a four year term. Councilmember Ashiku felt the matter of numbered seats may be too complex to make an argument to the voters. He questioned whether it would pass by the voters. City Attorney Rapport advised that he would need to prepare an impartial analysis of each ballot measure. He was unsure of the process if more than one person submits arguments for or against a measure. He advised that individual Councilmembers sign the ballot measure. He was of the opinion that a ballot measure should not be put on the ballot unless the entire Council is willing to support a favorable argument for the measure. He noted that an impartial analysis could be prepared and would not require an argument. John McCowen, P. O. Box 454, discussed the City Council's recent appointment of a fifth Councilmember and the argument presented by Council of the costs involved should a Special Election be held in November 1999 to fill the vacancy. He felt the City Clerk's position should be appointed. However, Council has not been successful in making a case to the general public to support the measure in the past. He felt Council should take the time to provide the public with more information regarding the suggested ballot measures. Mayor Mastin clarified the matter of filling the Council seat, in that had Council failed to make an appointment by the deadline of May 12, it would have been forced to hold a special election. A main concern of the City Council was that if a special election was held in November 1999, Council would have been without a Councilmember for six months. Judy Pruden, advised that she has been a voting inspector at the polls for the past 10 years and discussed how prepared the voters are in Ukiah. She is opposed to the Council spending money for a special election. It was her opinion that the Mayor's term should be four years and should be included in the November 2000 election. She felt it would be highly irresponsible to put "none of the above" on the ballot and felt it is a vote of no confidence and does not excuse responsibility for picking a candidate. She felt the City Clerk's position should remain elected, as she is not willing, as a voter, to give up any elected position. She reported that she has worked with City Clerk Ulvila and felt she is conscientious enough to be concerned with someone running for the position of City Clerk who is not prepared to do the job. She was unsure if qualifications could be crafted for that position. City Attorney Rapport advised that Council cannot define the City Clerk's position. Ms. Pruden was of the opinion that the City Clerk's position does not pay enough that people are going to take it that don't know how to type. She felt the City has had very competent City Clerks since 1876 and should be able to continue in that manner. She was not opposed the Council presenting the matter of the City Clerk's position to the voters in the year 2000, however, she opposed calling a Special Election in November 1999 due to the cost factor. In closing, she asked, "How many times do we need to tell you, that we want it to be an elected position?" Councilmember Ashiku inquired of the City Attorney if it is possible to adjust the City Clerk's salary downward and to create a Deputy City Clerk position. The Deputy would then do most of the work and be paid a comparable salary. City Attorney Rapport advised that it is possible to adjust the City Clerk's salary downward, but not for the incumbent, and to appoint a Deputy City Clerk position. It was his opinion that it could create an awkward situation whereby you have a statutory officer who is not paid very much. City Manager Horsley advised that many cities do this, and noted it is best to have someone appointed who can perform the job duties. June 2, 1999 Page 11 of 20 Councilmember Libby could not justify spending tax dollars for a Special Election in November 1999, when it could be included on the regular election in 2000. She did not feel this is an emergency issue. She noted that Council, at their last meeting, suggested additional ballot measures to, seemingly, justify holding a Special Election. She recommended waiting until the regularly scheduled election in November 2000. Consensus of Council was not to call a Special Election in November 1999 for Ballot Measures. 10. NEW BUSINESS; a. Introduction of Ordinance Amending Chapter 4, Article 1 of the Municipal Code to be Titled Parks. Recreation, and Golf Commission City Manager Horsley advised that the matter concerning merging the Golf Course Committee and the Parks and Recreation Committee was previously discussed by Council. Community Development Director DeKnoblough advised that at their respective April meetings, the Parks and Recreation Commission and Golf Advisory Committee discussed and approved merging the two bodies to create a Parks, Recreation, and Golf Commission. The purpose for combining the two bodies is to increase Commission efficiency and create a broader base of public representation and perspectives in considering the City's recreational assets. Prior to 1989, the Parks Commission was the only body that reviewed the recreational assets and the Golf Course. During this period of time, the Parks and Recreation Committee was experiencing significant activity due to the availability of state park bond funds, growth and increasing recognition of the Grace Hudson Museum, and increasing City participation in providing recreational programs. The golf community felt that, due to the Parks Commission time being dedicated to these other areas, golf course concerns were not adequately being addressed. Consequently, they requested a temporary ad-hoc committee be crated to allow specific input on golf course matters. That committee was created for a period of one year, and was extended the following year for another single year term. By 1992 when the second Committee term was to expire, the Golf Course was in the midst of significant change through the reconstruction of the Clubhouse, the pending purchase of the back eight holes from the County, and the hiring of a new Golf and Parks Superintendent. Based on these activities and the resulting need for public input, the City Council determined to continue the Golf Advisory Committee indefinitely. Both the Parks Commission and the Golf Committee have expressed that this is an appropriate time to combine the two entities to consider the City's recreational assets as a whole and increase the efficiency of both bodies. They also felt that by combining the two bodies will provide increased public interest and broader member representation which will result in enhanced discussion of the issues common to both bodies. He recommended, should Council determine to proceed with combining the two bodies, that the new Commission ultimately be comprised of seven members and that an attrition period extending to June 30, 2002 be provided to allow all current terms to expire. Several members will have terms expiring between June 30 of this year and 2002. The number of seats would be reduced as these vacancies occur should the member in question opt not to continue. Of the 11 members between the two bodies, only three members are eligible to serve beyond June 30, 2002. He recommended Council introduced the proposed ordinance which would establish the Parks, Recreation and Golf Commission. Upon an inquiry by Councilmember Libby, Mr. DeKnoblough advised that there was an unanimous vote by both Committee and Commission to combine. Mayor Mastin expressed his concern with the Parks and Recreation Commission having different goals and objectives than the Golf Committee. He also expressed a concern with some changes taking place at the Golf Course and members reporting back to the City Council. There are a number of park projects which will be active in the near future, and he noted his concern that members of the Golf Committee may find little interest in the development of parks. Likewise, many members of the Parks and Recreation Commission may find little interest in the activities at the Golf Course. June 2, 1999 Page 12 of 20 Mr. DeKnoblough advised that both the Commission and Committee had similar discussions and they resolved to have a trial period. Budget hearings have been combined with both groups present and noted that these are concerned citizens devoted to spending time to deal with the issues at hand. It is valuable for each to hear the needs and objectives of each commission. Councilmember Ashiku expressed similar concerns as Mayor Mastin. He noted that both groups are entering into an active phase. He noted that the City recently purchased equipment and an advantage of combining the groups would be that equipment could be shared and used more efficiently. Bob Burke, 402 Wabash Avenue, advised that he has served the last 1% year as Chairman of the Golf Committee. He advised that the Golf Committee is highly in favor of combining with the Park and Recreation Commission. It is their feeling that the Golf Course is a big part of the parks and recreational activities of the City of Ukiah. The Golf Committee, as a group, felt it would be beneficial to the City to combine the two groups. City Manager Horsley advised that for a long time, the Parks and Recreation Commission met on a quarterly basis because there was not enough business or interest. She felt it would not be a problem to combine the two groups, based on the amount of business interest at this time. Mr. DeKnoblough discussed the membership and terms of the both committees. · Councilmember Baldwin appreciated the interest of the both committees to combine, however he questioned those that are enthusiasts for an active sport, such as golf, being able to devote major amounts of time to passive recreation such as public access or a rim trail, Gibson Creek, or expansion of Riverside Park. He inquired of Mr. Burke if the Golf Committee is interested in talking about rivers, parks, etc. Mr. Burke responded that the Golf Committee wants to spend the time and were energetic about putting the committee together. There are times when there is not much on an agenda, and as he recalled, both groups were very energetic about working together. He confirmed that the Golf Committee is interested in dealing with parks and recreational issues. Councilmember Smith felt it is important to pay attention to what Mr. Burke and staff has said with regard to both committee's enthusiasm for merging. Councilmember Libby felt that Council should take into consideration the recommendation of the committee members and staff's recommendation, noting her confidence in their judgement. Discussion continued concerning combining the two groups. The matter of both groups generating fees from services was discussed and that the Parks and Recreation Commission has both passive and active sports. Goals and objectives of both groups were discussed as well as their membership. Concern was expressed that members from the Golf Course Committee would .be more interested in golfing concerns than with other recreational needs in the community, and likewise for issues concerning the Parks and Recreation Commission. MIS SmithlAshiku to introduce Ordinance Amending Chapter 4 Article 1, Section 1001 of the Municipal Code to be Entitled Parks, Recreation, and Golf Commission by title only; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Ashiku, and Mayor Mastin. NOES: Councilmember Baldwin. ABSTAIN: None. ABSENT: None. City Clerk Ulvila read the Ordinance by title only. MIS Smith/Libby to introduce Ordinance Amending Chapter 4 Article 1, Section 1001 of the Municipal Code to be Entitled Parks, Recreation, and Golf Commission; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Ashiku, and Mayor Mastin. NOES: Councilmember Baldwin. ABSTAIN' None. ABSENT: None. June 2, 1999 Page 13 of 20 10b. Council Consideration and Approval of Resolution Approvin_a Adoption of California Public Employees' 457 Deferred Compensation Plan Personnel Officer Harris advised that in the recently ratified Fire Unit Memorandum of Understanding, the City of Ukiah agreed to adopt the CalPERS 457 Deferred Compensation Program in addition to the two existing deferred compensation programs currently offered to City employees. Adding the CalPERS 457 Plan to the City's existing deferred compensation programs will give all full time employees in all Units added alternatives in terms of investment selection, price, and flexibility. By adding this plan, employees are given additional investment choices as they defer compensation for retirement years and the flexibility to transfer funds between plans, if desired, up to maximum annual contribution amount. There is no cost to the City to offer this additional pr~)gram to the employees and CalPERS has no minimum balance or level of employee participation requirement. The Plan is administered similarly to the City's other two Plans and requires adoption of a Resolution approving adoption of the CalPERS Deferred Compensation Program and authorizing the City Manager to sign the adoption agreement. MIS Ashiku/Baldwin approving Resolution No. 99-43, Approving Adoption of California Public Employees' Deferred Compensation Plan; carried by the following roll call vote: AYES: Councilmembers Smith Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None. 10c. Receive for Comment Proposed Mendocino Solid Waste ManaQement Authority 1999-2000 Fiscal year Bud(jet Mike Sweeney, General Manager of Mendocino Solid Waste Management Authority (MSWMA) advised that MSWMA provides to cities within Mendocino County key mandated services that each jurisdiction would otherwise have to provide at its own expense. Some of these services include the Haz-Mobile, Household Hazardous Waste Program, which is based in Ukiah, and provides Ukiah with the most frequent hazardous waste service for any city on the North Coast, including Santa Rosa and Eureka. In addition to their eight scheduled hazardous waste collections in Ukiah, they are also able to handl'e business waste on a daily basis, as well as emergency situations to local households in the local area. Demand for the Haz-Mobile service is increasing steadily and their vehicle count was up 16% in 1998, and another 8% in 1999. They are especially happy about the increased use of the Haz-Mobile by private businesses whose hazardous waste they can take for only a fraction of the cost that might be charged to them if each business was required to make a special call for service from the Bay Area. Their Haz-Mobile program was hOnored last year by the State of California as the outstanding rural hazardous waste program in the State. The demand for other MSWMA services is increasing as well, particularly the removal of Freon, oils and other hazardous waste from refrigerators, freezers, air conditioners, washers and other large appliances before they can be recycled under the law. In the past, there has been a severe public health problem with illegal dumping of appliances in Mendocino County. In keeping the removal charge to a minimum, MSWMA is providing the removal of Freeon from these appliances for free at seven locations in Mendocino and Lake counties, including Solid Wastes Systems in Ukiah. Since the program began 16 months ago, they have saved the public over $20,000 in fees. This new activity was honored last month by the State of California which gave MSWMA a program innovation award. He discussed MSWMA's assistance in helping cities and counties meet the AB 939 mandate of 50% recycling by the year 2000. Since their trash haulers, both in Ukiah and Fort Bragg, don't supply a sales force to promote recycling, MSWMA fills this need and has been intensively canvassing businesses and multi-family complexes in Ukiah and other portions of the County to get them to use more recycling services. He discussed their Americorp worker in Ukiah who deserves special recognition for this important and challenging task. He discussed other programs by MSWMA which includes gypsum board recycling and free electronics recycling in cooperation with the Ukiah Landfill. One of their most important recycling services to cities is the preparation of all AB 939 June 2, 1999 Page 14 of 20 reports and documentation which is required by state law. Last year they completed the entire County Waste Management Plan and prepared a special waste general study in 1997 which showed the City of Ukiah at 37.8% recycling, instead of the 27% which had been previously estimated. Each year they update the recycling rate and report it to the state. Their estimates for 1998 show that the City of Ukiah improved to 41.5% recycling. Looking ahead, MSWMA is proposing that the City conduct a special workshop on its AB 939 situation. He will present this proposal to staff in the near future. He reported that MSWMA looks forward to continue working closely with the City and its hauler to get the best possible recycling performance. If that fails to meet the 50% mandate, they will assist the City to apply for an extension of time to comply. He advised that the MSWIVIA budget proposes a decrease in the MSWMA Surcharge from $5.50 to $5.00 per ton. This will be the second consecutive annual decrease in the Surcharge. He noted that the decrease represents the cost efficiencies of MSWMA's program. These efficiencies have increased further because their Board of Directors put two important contracts out to bid and obtained major reductions. In the Household Hazardous Waste Disposal Contract, they changed providers and they project an annual savings of $25,000. By consolidating and rebidding their insurance coverage, they can save another $5,000 per year. Mayor Mastin noted that Mr. Sweeney has done an excellent job in managing the agency and is evident by the success of the Hazardous Waste Program, Illegal Dumping Program, and meeting the AB 939 mandates. He has managed to operate these programs on a "shoe string budget". Mr. Sweeney responded to a question concerning the Americorp Program Sponsorship and noted that MSVVMA makes a $7,000 lump sum sponsorship payment in order to obtain the full time services of an Americorp worker. Americorp is a federally funded program that promotes community service. In response to a query concerning mileage expenses, he advised that MSWMA currently owns one vehicle, with a second on order. At times staff needs to use their own vehicles for MSWMA business. Their mileage is logged and reimbursed at the current IRS rate per mile. In response to a query by Councilmember Libby concerning the Illegal Dumping Program and participation by non-profit organizations, he advised that MSWMA will reimburse dump fees of any organization or individual who undertakes illegal dump cleanup off roadsides and public spaces. He welcomed the City's assistance in making this fact well-known in the community. He felt there is adequate funds available in this fund for future years. Should there be demands exceeding their budget, he felt there would be an increase from their reserve to cover the funds needed. He noted that information concerning MSWMA's various programs can be obtained by visiting their Web site. Consensus of Council was to receive the MSWMA's Report. Councilmember Baldwin requested Council hear Item 10f before Item 10d due to audience interest and the lateness of the meeting. 10f. Discussion and Possible Action Regarding Resolutions Against the War in Yugoslavia and to Close Lake Mendocino to Internal Combustion Water Vehicles on Various Days. as Submitted by Councilmember Phil Baldwin Councilmember Baldwin advised that Mayor Mastin has provided amended Resolutions with alternative wording for the Resolutions he submitted to Council, and found the alternatives agreeable. He read the proposed Resolution, as amended by Mayor Mastin. He felt it is very important and hopes that Council will support the Resolution against the war in Yugoslavia. Linda McClure, 1201 Parducci Road, advised that she listens to a radio program each morning called KCYX Democracy Now, and they have given a complete discussion and analysis of the war. She discussed the amount of bombs being dropped, casualties of the war and felt this action is insane and called upon the local government to resist this inhumanity. She appreciated Councilmember Baldwin bringing this before the Council and urged Council's support. She opposed referral to economic sanctions and embargos in June 2, 1999 Page 15 of :20 the Resolution, noting that people have died due to lack of supplies. John McCowen, Ukiah, felt what is missing from the Resolution and the last presentation is the acknowledgment of what made it necessary, in the minds of some individuals, that action needed to be taken. He noted that the Resolution makes no mention of Mr. Milosevic's crimes. He questioned some of the methods in which the war has been carried out and the unintended civilian casualties. He discussed Councilmember Baldwin's reference that if people had stood up to Hitler earlier, how many lives could have been saved. He felt the Hitler in this scenario is Mr. Milosevic and discussed the original wording of his resolution concerning the bombing and immigration. He did not feel there is any balance in the resolution and cited examples. He felt there are many things in the Resolution which could be debated. It was his opinion that the Council has enough issues within its jurisdiction that needs attention and should get back to City business. Ross Liberty, 3001 Boonville Road, agreed with Councilmember Baldwin concerning the war in Kosovo. Despite the fact that his company, Factory Pipe, manufactures exhaust systems for personal water craft and employs over 30 local employees, he has no philosophical problem with closing Lake Mendocino two days a week to motorized water craft. However, he questioned the wisdom and intentions of a Councilmember who grandstands by bringing this issue to Council when it is clearly beyond the scope of influence of the Ukiah City Council. He is on the Board of the Mendocino County Employers Council and noted that many items are brought before them which are discounted because they are not specifically relevant to their members. To take up these issues, no matter how passionately we may feel about them, may only serve to dilute our focus from the issues their members elected them to concentrate on. He felt the Ukiah City Council has enough issues within its jurisdiction and it is better to focus on them. Terry Poplawski, 612 Walnut Avenue, advised that he is in favor of the Resolution concerning the war in Kosovo and felt that, although Council does not set foreign policy, there comes a time when one must speak out on important issues. He discussed his involvement with the North Bay Labor Council and his proposed resolution to stop the bombing, was eventually passed by that Agency. He urged the City Council to pass the resolution to stop the war in Kosovo. Councilmember Ashiku discussed his Albanian heritage, noting that the war in Kosovo hits close to home with him. He felt that his personal feelings are irrelevant and that presentation of some issues in the resolution are misrepresented. He advised that he cannot support various forms of ethnic cleansing and does not agree with the examples stated in the resolution. Although he has personal feelings about the war, he felt Council should deal with local issues. Councilmember Smith was of the opinion that Council should pay attention to the NATO Committee and that the proposed resolution contains many faults. He reported receiving calls today from local citizens reminding him of his responsibility to the City's needs. If Council is to consider the resolution, he recommended there be a Public Hearing so that citizens could have the opportunity to voice their opinions. Councilmember Libby advised that people across the nation are making their voice heard but felt that Council should take care of City business first. She wording in the proposed Resolution articulates Mr. Baldwin's personal reasons and she opposed asking Council to speak for him. She took offense to his introductory letter regarding City Councils and Nazi Germany when he inferred that if Council does not vote for this resolution, we are like City Councils in Nazi Germany. Mayor Mastin advised that he was taken aback by Councilmember Baldwin's cover letter, but understood his resolution. He felt it is Councilmember Baldwin's right to go forward with anything he feels may be City business. He commented that he provided alternative wording to the Resolution, and did not discourage Councilmembers from bringing such matters forward for Council consideration. Councilmember Baldwin felt the argument that this is not City business, is "hogwash". He discussed the cost of bombs, noting that it represents money that could be spent in the June 2, 1999 Page 16 of 20 City. He noted that the President tells the youth of this country to resolve their problems nonviolently and discussed the lesson we are teaching our youth through the war in Kosovo. He discussed NATO and felt that the media has not been giving Americans the whole story. He discussed other invasions which have taken place in the world, as well as terrorist threats and bombings in the United States. It was his opinion that when the nation does something that is atrocious and immoral, we cannot be silent. He felt it is a local issue and it is money we could have used to pay off the national debt, make Social Security more secure, or used locally to underground the City's utilities. He read an amended Resolution calling on the United States to Halt Military Strikes Against Yugoslavia. Motion Baldwin/Mastin to approve amended Resolution Calling on the President and Congress of the United States to Halt Military Strikes Against Yugoslavia, as amended; failed by the following roll call vote: AYES: Councilmembers Baldwin and Mayor Mastin. NOES: Councilmembers Smith, Libby, and Ashiku. ABSTAIN: None. ABSENT: None. Terry Poplawski, 612 Walnut Avenue, advised that he owns three sailboats and sails over 100 days per year at Lake Mendocino. As a sailor, he discussed the noise of jet skis and expressed his concern with the operators of the jet skis who are young, inexperienced, and create a danger to others. He discussed power boats creating their own type of erosion by their wakes. Councilmember Libby inquired if Councilmember Baldwin had a signed petition regarding the matter of banning motorized water craft on Lake Mendocino. She also noted that she has no quantitative information to study regarding the proposal. Councilmember Baldwin advised that he did not have a petition, and that his proposal is just an idea he had. He discussed the seasons and how it is nice to appreciate the quietness of the Lake. In response to an inquiry by Councilmember Libby with regard to how many of these vehicles use the Lake, Mr. Baldwin advised that it is his hope that the matter would lead to public hearing with Senator Thompson and the Corp of Engineers. He discussed the banning jet skis and some boats on Lake Tahoe. Councilmember Smith discussed his experiences at Lake Mendocino and noted the unsafe conditions of the personal water craft near the dock area when it is crowded. He supported the Resolution which recommends to the Corp of Engineers that the matter needs to be studied further. Councilmember Ashiku advised that he owns a boat and spends time on the lake. It was his opinion that going by the jet skiers at the dock can be very dangerous. He did not see any justification to closing Lake Mendocino during the wintertime period as noted in the resolution. He felt that the jet skis should be separated from motorized boats, possibly a two-stroke engine. Ross Liberty advised that the U.S. EPA has been addressing water quality issues along with air quality. They have talked about jet skis polluting and putting MTBE's and hydrocarbon fuels into the water. He discussed the life span of hydrocarbon fuels to be 11 days. He advised that CARB is mandating that by the year 2003 there be a 75% emission reduction of hydrocarbons and other pollutants. CARB is requiring that emissions be reduced by 95% by the year 2006. It was his opinion that personal water craft manufacturers are already complying and the water quality issue is being dealt with. He noted that it is illegal for jet skis to come within 50 feet of a boat. Councilmember Baldwin discussed noise being a significant issue in our daily lives as well as those that visit Lake Mendocino. He noted that the proposed Resolution asks the Army Corp of Engineers to consider the proposal. MIS BaldwinlMastin to approve Resolution 99-44, Calling on the Army Corps of Engineers to Institute a Policy to Close Lake Mendocino to Internal Combustion Water Going Vehicles During Various Hours. June 2, 1999 Page 17 of 20 Councilmember Ashiku recommended deletion of Mondays and Tuesdays in the winter time to the Resolution. He also recommended elimination of power boats and jet skis. He discussed the concept of sharing and making the lake available to everyone during all seasons. During the summer months, the lake and its surroundings is used as a recreational area. Many people who work like to use the lake after 5:00 p.m. and noted the hardship the restriction would have upon them. He also discussed economic impacts to the lake by banning its use during certain times. Discussion followed with regards to the Army Corp of Engineers calling a public hearing and public input on the matter. Motion approving Resolution 99-44 was carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, and Mayor Mastin. NOES: Councilmember Libby and Ashiku. ABSTAIN: None. ABSENT: None. Councilmember Libby noted for the record that she is voting "No" because she does not have any numbers to quantify the matter. 10d. Appointment of City Council Members to Various Committee Assignment~ Mayor Mastin advised that since the departure of Kristy Kelly from the City Council, and the appointment of Roy Smith, several committees need Council assignments. He also gave the Council an opportunity to voice their opinions with regard to their interests in serving on selected committees. Councilmember Libby noted a correction to the Committee Assignments, that she has been serving as Chamber of Commerce Liaison. She is willing to drop her participation in the Main Street Program and she would like to be appointed as the representative to MCOG, rather than the Alternate. She is interested in the Council/County Supervisor Committee as well as the Ukiah Unified School District Site Selection Committee. Councilmember Ashiku advised that is willing to drop his participation in the Finance Review Committee. He would like to remain on the Courthouse Facilities Planning Committee and the Investment Oversight Committee. He noted that if a Councilmember is interested in taking the Alternate seat on NCPA, he is willing to forfeit his participation. He is interested in serving on the Council/County Supervisor Committee because he views the committee integrating well with LAFCO and creates continuity. He would like to attend the June 25, 1999, meeting with the Ukiah Unified School District Site Selection Committee. With regard to the Skateboard Park Committee, if no one else is interested, he would be happy to serve on this committee. Mayor Mastin noted that he has a file on the Skateboard Park Committee and is also interested in its development. Councilmember Baldwin advised that he is interested ins serving on MTA as an Alternate. He is also interested in attending the Skateboard Park Committee. He would like to remain on the Mendocino County Inland Water and Power Commission and the Russian River Watershed Community Council. Councilmember Smith discussed his interest in the Main Street Board of Directors. He expressed his interest in serving on the League of California Cities Policy Committee and is interested in being an Alternate on MCOG. Discussion followed concerning the League of California Cities Policy Committee and that it is left to the discretion of individual Councilmembers to pursue their interests on one of the 12 statewide policy committees. Those interested should contact the League of California Cities. Councilmember Libby advised that she is willing to serve on the Recreation Center Group. She noted that she would like to continue serving on the Sun House Guild and other committee assignments. Mayor Mastin consulted the City Attorney regarding contacting individual Councilmembers regarding assignments. He advised that he will review the recommendations and bring the matter back at the next Council meeting. June 2, 1999 Page 18 of 20 City Attomey Rapport advised that he may contact other Councilmembers as long as he does not contact a majority of the Council, and they, as a result of his contact, do not contact other Councilmembers. 10e. Set Dates and Times for Fiscal Year 1999-2000 Budget Hearinn City Manager Horsley advised that in the past, Council has taken 2 % day~ to review the Budget, therefore, staff has selected a three day time frame of June 22-24 as the dates for the annual budget hearing to meet the adoption deadline of June 30, 1999. Discussion followed concerning selecting a time to start the Budget Hearings and the hearing time schedule. Consensus of Council was to set the dates for the Budget Hearings for Tuesday, June 22, 1999, from 10:00 a.m. to 7:00 p.m., Wednesday, June 23, 1999, from 10:00 a.m. to 6:30 p.m., and to set Wednesday, June 23, 1999, at 3:00 p.m. as the date and time for a joint meeting with the Ukiah Valley Sanitation District. Councilmember Ashiku advised that due to his work schedule, he may be a little late to the hearings. 11. CITY COUNCIL REPORTS_ Councilmember Smith reported he missed the last Council meeting because he was in Sacramento visiting State legislatures over issues relative to Ukiah Valley Association for Habitation (UVAH). He discussed the Governor making appointments and emphasis on the budget related to education and unions. He discussed the Governor not wanting to make changes. Councilmember Libby reported that the Sun House will be having their big fund-raiser for their new wing this Saturday. Councilmember Baldwin reported the Russian River Council selected on who will be voting members and discussed the composure of the group. The agency group, which is trying to parallel itself to the Russian River Council, is meeting separately to make sure they can assist or affect the citizen body. They are still anticipating the receipt of $6 million from the state and federal government. It is their hope that they will be able to obtain a good data base from these funds. He discussed cities and counties not being voting members. Mayor Mastin reported that on M.ay 21, he addressed the Rotary at Carl Prudy Hall and gave a speech. The next day he was invited to Buddha's birthday at the City of Ten Thousand Buddhas and was surprised that he was guest of honor as the Mayor of Ukiah. An interpreter was present to translate his speech. He felt it was a cultural experience and encouraged others to visit the center and enjoy their lunches. He reported that MSWMA and MTA met last week, mostly in closed session. The transit center is still moving forward and the MTA Board was asked to provide a resolution with a project description. He noted that there is a new plot plan and design for the project which he will share with Council. Councilmember Ashiku reported on the upcoming June 25, 1999, meeting with ^ssemblywoman Virginia Strom-Martin and representatives from the Ukiah Unified School District Site Selection Committee regarding the Wards site. He encouraged others to attend and show their support for the project. 11. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley advised nothing to report. Mayor Mastin reported that Agenda item 12a will be considered in closed session and that item 12b is not being considered at this time. June 2, 1999 Page 19 of 20 12. CLOSED SESSION a. G.C, §54956.9(b)(1)- Conference With Lecjal Counsel Recjardin~l Pendin_a Liti_qation - Existin_a Liticjation - 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. 12b. G.C. §54956.8 -Conference With Real Property Ne_aotiator Assessor Parcel No. 180-110-06 Owner: Various Parties Negotiator: Candace Horsley Under Negotiation: Price and Terms of Payment No action taken. 13. ADJOURNMENT There being no further business the meeting was adjourned at 10:52 p.m. Marie Ulvila, City Clerk June 2, 1999 Page 20 of 20