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HomeMy WebLinkAboutMin 07-04-99MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, August 4, 1999 The Ukiah City Council met at a Regular Meeting on August 4, 1999, the notice for which had been legally noticed and posted, at 6:37 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: Public Utilities Director Barnes, Airport Manager Bua, Community Services Director DeKnoblough, Finance Director Elton, Assistant City Manager Flad, Personnel Officer Harris, Risk Manager/Budget Officer Harris, City Manager Horsley, Public Works Director Kennedy, MIS Coordinator Klingbeil, City Attorney Rapport, Assistant Airport Manager Richey, Police Chief Williams, Executive Assistant Yoast, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Ashiku led the Pledge of Allegiance. 3a. PRESENTATION: Police Department Regarding Major Crimes Task Force Police Chief Wiliams introduced Mr. Robert Nishiyama, Commander of the Major Crimes Task Force located in Ukiah. The City has been involved with the Task Force since its inception in the 1980's. He discussed the background of the organization and how its goals have changed over the years. Originally, the Task Force was involved strictly with narcotics cases but now their investigations include major crime investigations, such as rape, kidnaping, and murder. The Major Crimes Task Force's assistance to local law enforcement agencies has been invaluable. Robert Nishiyama advised that he is a Special Agent Supervisor with the California Department of Justice Major Crimes Task Force and discussed his law enforcement experience. He reported statistical background of the Task Force concerning search warrants, man hours of Task Force personnel, the number of suspects arrested, and the amount of money in street drugs seized. Because Ukiah is the largest city in Mendocino County, a good portion of their time is spent within the City limits. He noted methamphetanines (meth) is the major problem. He discussed the manufacture of meth in labs in residential areas and the difficulty of dismantling the labs, disposing of meth waste, and in many instances, the potential for contamination of soils and streams. It is very expensive to clean up a meth site and the costs are covered by the Department of Justice. He advised that the Task Force is an economical way for cities to proceed with investigations because of increased manpower. Discussion followed concerning the Task Force's assistance to the Ukiah Police Department with regard to investigations, covert surveillance, writing search warrants, and providing additional personnel. Training provided to Ukiah Police Officers through the Task Force was explained. Educating children on drug use and abuse is a priority, and a training program is scheduled involving the Ukiah Police Department, Mendocino County SherifFs Department, Ukiah High School, Ukiah Fire Dept., and other agencies that will focus on education and prevention of school killings. August 4, 1999 Page 1 of 14 3b. PRESENTATION: Mendo-Lake Alternative Services, Inc. Dottie Brennan, Executive Director of Mendo-Lake Alternative Services, Inc., advised that their program provides an alternative to incarceration to the mutual benefit of the Court system, the client and the community. In achieving this goal, this program endeavors to educate the Judicial system in the value of specialized placements within the community and to educate the community to the monetary and social return attained from court- directed client referrals. She explained that individuals are given community service work as part of a Court fine and that Mendo-Lake Alternative Services provides placement of these individuals to non-profit organizations. The individuals have a variety of skills and have provided a savings to non-profit organizations. She discussed the program's positive impact to the individuals as compared to serving time in jail. 8a. PUBLIC HEARING-Adoption of Resolution Revising Capital Improvement Fees for the Airport Industrial Park (ALP) - Continued from July 7, 1999 Public Works Director Kennedy requested a continuance of the Public Hearing until the meeting of August 18, 1999, for the purpose of allowing sufficient time for the performance of an appraisal of the revised land acquisition proposal located at the northeast corner of State Street and Hastings Road. MIS Ashiku/Smith to continue the Public Hearing regarding revising Capital Improvement Fees for the Airport Industrial Park (ALP) to August 18, 1999; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 8b. PUBLIC HEARING - Adoption of Resolution Approving an Application for Funding and the Execution of a Grant Agreement and Any Amendment Thereto From the Planning/Technical Assistance Allocation of the State Community Development Block Grant (CDBG) Program Assistant City Manager Flad advised that the purpose of the Public Hearing is to invite comment from the public regarding the City's interest in submitting an application for funds to the State Small Cities Community Development Block Grant (CDBG) Program. The proposed project includes a Planning/Technical Assessment grant to perform a study regarding the Revolving Loan Fund Analysis, Airport Business Park Infrastructure Financing Plan, Preparation of Grant Applications, and Implementation of Grant Projects that will identify whether adjustments are needed to the City's existing revolving loan fund program. The purpose of the funding is to benefit Iow and moderate income persons. The City is requesting up to $35,000 in CDBG funds, supplemented by local matching funds of $8,750. Mr. Flad explained how this project relates to item 10d on the agenda, "Award of Bid for Preparation of Grant Applications", in that a consultant would prepare the grant applications for CDBG funding. In response to an inquiry by Councilmember Libby concerning background on CDBG grants, Mr. Flad advised that the grants are very competitive and the City has applied in previous years. He explained that the City has never applied for the full amount available, but has been a conduit for the Ukiah August 4, 1999 Page 2 of 14 Community Center. 7:10 p.m. - Public Hearing opened. No comments received. 7:11 p.m. Public Hearing closed. In response to an inquiry by Councilmember Baldwin whether the Ukiah Community Center is pursuing the purchase of the building they currently occupy, Mr. Flad replied affirmatively. MIS Ashiku/Smith Adopting Resolution No. 2000-05 approving an Application for Funding and Execution of a Grant Agreement and any amendment thereto from the Planning/Technical Assistance Allocation of the State Community Development Block Grant (CDBG) Program; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 6. CONSENT CALENDAR Councilmember Baldwin inquired as to the types of computer equipment item I will be replacing and how it relates to the consultant's analysis of the City's entire computer system. MIS Coordinator Klingbeil advised that formal bids were solicited for the purchase of desktop computers for various City departments to replace outdated computers that are not Y2K compliant. She explained that the consultant, through his assessment of the City's computer system, approved of the purchase. MIS Libby/Smith approving Items a-I of the Consent Calendar as follows: a. Approved Disbursements For The Month of June 1999; b. Rejected Claims for Damages Received From Donn Saulsbury, Mend0cin0 Brewing Co., Deborah Leland, Linda Peterson, and Nicole Valle, and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; c. Accepted Notification to Council Regarding Cleaning of Anaerobic Digester at the Wastewater Treatment Plant for the Sum of $9,995; d. Adopted Resolution No. 2000-06 Making Appointments to the Airport Commission and the Planning Commission; e. Awarded Annual Maintenance Service Agreement to Matt's Custom Tree Care; f. Approved Revision to "EMT-1 Incentive" Provision in 1998-1999 Fire Unit Memorandum of Understanding; g. Accepted Notification to Council Regarding the Purchase of Pole Mounted Transformers From Central Maloney, Inc. in the Amount of $5,986.70; h. Received Report to City Council Regarding Purchase of Chlorine Tablets for Municipal Swimming Pool from Lincoln Equipment in the Amount of $6,006; I. Awarded Bid for Replacement Desktop Computer Equipment to Quantex Microsystems August 4, 1999 Page 3 of 14 in the Amount of $72,277.99 and Rejected All Bids Received for Replacement Laptop/Notebook Computers; j. Approved Contract with Pacific Bell for Telecommunication Services; k. Awarded Contract for Urban Collector Rehabilitation Project, Specification No. 99-05, to Parnum Paving in the Amount of $308,100 and Approved Budget Amendment; I. Awarded Contract for Local Road Rehabilitation Project, Specification No. 99-04, to Argonaut Constructors in the Amount of $463,772 and Approved Budget Amendment. The motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Ashiku, and Mayor Mastin. NOES: Councilmember Baldwin. ABSTAIN' None. ABSENT: None. 10e. Approval of Support for Senate Constitutional Amendment Three (SCA 3), Transportation Funding: Sales and Use Tax Public Works Director Kennedy advised that Senate Constitutional Amendment Three (SCA 3) would allow a one half percent (0.5%) increase in the sales tax to finance local transportation projects and needs over the next 20 years. The November 2000 statewide ballot would, if approved, impose an increase in sales tax to fund improvements identified in a preadopted transportation expenditure plan applicable in those counties where the measure passes. He discussed transportation projects and support of the measure by the League of California Cities and Mendocino County. He introduced Phil Dow, Executive Director of Mendocino Council of Governments (MCOG), who is supportive of the amendment before the legislature. Phil Dow, Executive Director of MCOG, spoke at length concerning SCA 3 and transportation needs within the state and Mendocino County. It was his opinion that the measure is an opportunity to capture funding for local street and road systems. There is currently a backlog of projects needing funding and with deferred maintenance of streets, the costs continue to escalate. He discussed the possibility and reasoning for the measure not passing in rural counties. He advised that MCOG voted to support SCA 3 and directed him to forward letters of support to legislators. Discussion followed concerning the current statute which requires a majority vote, whereas SCA 3 requires a simple majority. He explained that if the proposal receives a two-thirds vote in Mendocino County, the proposal would pass and allow the County a one-time opportunity to receive assistance. Mr. Kennedy noted that the funds must be used for a capital improvement plan and be approved by the County, people, and cities. The expenditure plan must be in place before the state votes on the entire measure. Mr. Dow stated that the expenditure plan would not be placed on the ballot at the same time as SCA3. City Manager Horsley advised that the proposal also asks the state for local control. Councilmember Libby advised that she is not supportive of an increase in taxes, but is supportive of it being decided by the voters. MIS Ashiku/Smith approving letter of support for Senate Constitutional Amendment Three August 4, 1999 Page 4 of 14 to be sent to the State Legislature over the Mayor's signature. Councilmember Baldwin felt the measure doesn't give the voters a fair advantage and was of the opinion that sales tax is unfair because it charges a millionaire at the same rate as a Senior Citizen, or those of lesser income. The Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Ashiku, and Mayor Mastin. NOES: Councilmember Baldwin. ABSENT: None. ABSTAIN: None. 7:32 Adjourned to closed session to discuses Item 13b. 13b. Conference with Legal Council - Existing Litigation (G.C.§54956.9, Subd, (a)) - Estate of Nobel v. City of Ukiah et al. Grand Jury Report, Case #C99-349 8:24 Reconvened. 8:25 Recessed. 8:32 Reconvened. 10. NEW BUSINESS 10a. Approval of Lease with Ukiah Aircraft Services for a Portion of the Ukiah Regional Airport Assistant City Manager Flad advised that Ukiah Aircraft Services, owned by Brian Brodosky, is seeking approval of a ground lease at Ukiah Regional Airport for the construction of a fixed based operation (FBO) to provide aviation services. A tentative agreement has been reached for a ground lease of 9,000 total square feet of space, with a 3,600 square foot building, at a lease price of $.03 per square foot at Site #1. The terms of the lease are consistent with other FBO's at the Airport. He explained that the project location has been an issue and discussed Sites #1, #2, and #3, and their proximity to the terminal and other existing businesses at the Airport. The project has received approval by the Airport Commission for Site #3 as well as the original selection of Site #2. He explained that staff has met with the applicant and they are in agreement with staff's recommendation for approval of Lease Site #1. Mr. Flad explained that the proposed project is not compatible with the Airport objectives. Due to various changes occurring at the Airport and projected goals, certain project sites no longer comply with the Airport Master Plan. In response to an inquiry by Mayor Mastin, Mr. Flad explained that when the project was initially approved by the Planning Commission and the Airport Commission, there was less development occurring at the Airport. It was his observation that Site #2 would block the area from being developed in the future and obstruct the view of Airport staff at the terminal building from seeing the end of the runway. August 4, 1999 Page 5 of 14 In response to an inquiry by Councilmember Libby with regard to the types of future aviation services that may be located at the Airport, Mr. Flad explained that additional aircraft maintenance operations are anticipated. Councilmember Libby voiced her concern with the City purchasing property near the Airport in January at a cost of $2.00 per square foot, and now leasing Airport property for $.03 per square foot. It was her opinion that the City should make the best use of taxpayers money by getting the best return as possible on investments. She suggested possibly re-evaluating the City's leasing system. City Manager Horsley explained the history of calculating the lease schedule and noted that an extensive calculation was completed approximately three years ago concerning the value of the land and what the City felt was a fair lease value. The City has been very consistent in its evaluation since that time. Councilmember Ashiku advised that an escalator is included in the calculation since the applicant's lease spans a long period of time (over 20 years). Additionally, the applicant proposes to construct a hangar which will be a substantial investment to the City, will be maintained by the applicant, and will eventually become City property. It was noted by Mr. Flad that the Federal Aviation Administration (FAA) checks all leases. The FAA has reimburse the City 98% for all property purchased by the City near the Airport with the cost to the City being much less than the $2.00 per square foot lease rate. He explained that FAA also monitors all of the City's activities at the Airport to ensure that the City is receiving a fair rate of return. He explained that the Government Accounting Office (GAO) recently audited the FAA and found that an insufficient amount of field audits are being conducted. In response to an inquiry by Councilmember Libby regarding taking a poll of other airports on lease costs, City Manager Horsley advised that the City contacted other airports when devising the lease rate calculation and also analyzed gas price sales and land purchases. Mark Davis, Ukiah, advised that he has served on the Airport Commission for a number of years and has observed that many projects are talked about but very few have been completed. He advised that Mr. Brodosky currently has several successful businesses, as well as the knowledge and money necessary to have a successful business. He encouraged the Council to approve the project. Eric Peterson, Mr. Brodosky's attorney, advised that Mr. Brodosky is agreeable to accepting Site #1, however it is not his first choice. The reason that Site #2 is preferable to Mr. Brodosky is because he will be providing services to planes that are already being stored in hangars at the Airport. Site #1 is within easy towing range of the 62 units which store the planes. With regard to addressing Councilmember Libby's concerns regarding calculating the lease, he felt it is important to look at the lease over all with the consideration that eventually the newly constructed building will convert to the City's August 4, 1999 Page 6 of 14 ownership, and will lead to an increase in value of the square footage leasing price. The proposed project will help the Airport and the quality of service available, as well as providing an additional two to three jobs. Bob Halsagen, 1041 Skyloah Way, Redwood Valley, advised that he was previously a businessman in Ukiah for 25 years and a former private pilot. It was his opinion that with Mr. Brodosky's enthusiasm, as shown in other businesses, the current proposal will surely be an asset to the City of Ukiah. He felt there is a real need for fixed based operations in Ukiah and is supportive of the lease. Steve Sabonen, 267 Magnolia Street, advised that he is a mechanic at Ace Aerial Service, located at the Airport, and felt the project would be an asset to the Airport. Although it would be competition for his employer. Improvements to the Airport should be a number one concern. In response to several inquiries by Councilmember Ashiku concerning the proposed project, Mr. Brodosky advised that he proposes to construct a 60 x 60 square foot hangar. The recommended site is 9,000 square feet, or 90 feet wide x 100 feet deep. The apron would be short of the taxiway by approximately 20 feet. In response to a query by Councilmember Ashiku with regard to proposed parking, Airport Manager Bua explained that it is his understanding that parking will be provided on the south side of the proposed building, along the 30 foot buffer zone on the south side, and will not infringe on the hangars nearby. Assistant City Manager Flad advised that no specific plan has been established for the area south of the terminal building. He noted that the Airport Master Plan is very generic in terms of fixed based operations. Councilmember Ashiku advised that in the absence of an Airport Plan, it is difficult to anticipate how the proposed structure would impact future development at the Airport. Concern was expressed with regard to the footprint of the building in relation to the planes taxiing out of the building to the west of the structure, traffic and circulation of planes going down the taxiway in relationship to those parked in front of the building, and visibility for planes taxiing out of the hangars. He also expressed concern with trucks making deliveries of materials and supplies and felt that Site #3 would be a more natural location for the proposed project due to its access, and not having many vehicles in areas where planes taxi. He felt that should the applicant desire to pursue Site #1, the plans could be postponed until it is known what will happen in the project area. He felt the proposal is a good project and would like to see it developed. In response to an inquiry by Councilmember Baldwin, Mr. Peterson explained that Site #3 in unacceptable to his client because it is closed off on both sides with limited access. There is a temporary building at the current site of Mr. Brodosky's project which is the same height of Mr. Brodosky's proposed building. He advised that should Council approve Site #3, Mr. Brodosky will not proceed with the project, preferring to be in close proximity August 4, 1999 Page 7 of 14 to the hangars. It was noted by Mr. Brodosky that current services at the Airport are marginal and stressed the importance of being in close proximity to the airplanes. He stated that his preference is Site #2, however, in the spirit of compromise, he is agreeable to staff's recommendation of Site #1, although it is farther away from the hangars. He advised that his business would service airplanes and stressed that safety is an important factor. Assistant City Manager Flad discussed possible use of the area currently occupied by California Department of Forestry (CDF) when they move to another location at the Airport and advised that the current structures are temporary. City Manager Horsley reported that Councilmember Ashiku had previously requested staff look into the possibility of a gasoline fueling facility. Staff has been in contact with FAA and the Ukiah Fire Department and it has been determined that, in order to hold 6,000 gallons of fuel, it could be located to the north of the CDF site. She discussed other projects that have been considered for the area. Extensive discussion followed concerning trucks crossing the runway to provide fuel to the card lock system once a month. MIS Smith/Libby approving lease with Ukiah Aircraft Services for 9,000 square feet of the Ukiah Regional Airport identified as Lease Site #1. Councilmember Libby voiced her reservations concerning the matter. Councilmember Ashiku expressed concern with fuel trucks traveling across the runway to refuel the card lock system once a month. The Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 4. APPROVAL OF MINUTES 4a. Amended Minutes of Regular Meeting of June 2, 1999 MIS Libby/Baldwin approving the amended minutes of the Regular Meeting of June 2, 1999 as amended, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 4b. Amended Minutes of Regular Meeting of June 16, 1999 MIS Libby/Baldwin approving the amended minutes of the Regular Meeting of June 16, 1999, with recommended corrections; carried by Consensus vote. 4c. Minutes of the Special Meeting of June 22 and 23, 1999 MIS Ashiku/Baldwin approving the minutes of Special Meeting - Budget Session of June August 4, 1999 Page 8 of 14 22 and 23, 1999; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 4d. Minutes of the Special Meeting of June 23, 1999 - Joint Meeting with Sanitation District MIS AshikulBaldwin approving the minutes of the Special Joint Meeting with the Sanitation District of June 23, 1999; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 4e. Minutes of the Special Meeting of July 7, 1999 - Planning Commission Interviews MIS Smith/Baldwin approving the minutes of the Special meeting for Planning Commission Interviews of July 7, 1999; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 4f. Minutes of the Regular Meeting of July 7, 1999 Mayor Mastin recommended corrections to page 1, item 2a, first sentence, to read "Ms. Terri Sands, representing Community Air..." and to the second paragraph under item 4a, Minutes of May 19, 1999, to read "Mayor Mastin requested clarification concerning his discussion...". MIS Ashiku/Smith approving the minutes of the Regular Meeting of July 7, 1999, with the noted corrections to page 1; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 5. RIGHT TO APPEAL DECISION Mayor Mastin reviewed the appeal process. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address the Council. 9. UNFINISHED BUSINESS 9a. Report of Additional Expenditures and Approval of Budget Amendment for the Orchard Avenue Reconstruction Project Public Works Director Kennedy advised that it became necessary to direct the contractor to perform additional work on the Orchard Avenue Reconstruction Project because of unsuitable subgrade conditions encountered during the removal of the existing pavement. Based on preliminary billing information, it is estimated that the extra work will exceed the original contract amount by $24,000. He discussed the worksheet provided in the Staff Report and noted there is a fund balance remaining of $16,000. August 4, 1999 Page 9 of 14 Upon an inquiry by Councilmember Smith with regard to the unpaved areas along Orchard Avenue, Mr. Kennedy advised that the project only replaces existing pavement. When a parcel is developed, sidewalk will be installed as well as other improvements. M/S AshikulBaldwin approving amendment to the 1999/2000 budget increasing expenditures in Account 301.9816.250.000 by $24,000; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 10b. Adoption of Resolution Setting the Limitation on City Expenditures for Fiscal Year 1999-2000 Finance Director Elton advised that the passage of Proposition 4 in 1979 requires local governments to prepare a statement of appropriation limitation. The City's appropriation growth rate is limited to the change in the County's population and the change in California's per capita personal income. He briefly discussed "Exhibit A" which sets forth the calculations necessary to establish the appropriations limit for the City of Ukiah's 1998- 99 Fiscal Year. MIS Ashiku/Smith adopting Resolution No. 2000-07 setting the Fiscal Year 1999-2000 Appropriations Limit at $20,978,877; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 10c. ~election of ~ubcommittee to Evaluate Applications for City's Community Support Grant Program Mayor Mastin explained the need to select two Councilmembers to serve on the Subcommittee to evaluate applications for the City's $25,000 Community Support Grant Program to non-profit organizations in the community. He advised that he has a conflict of interest and excused himself from the selection process. Councilmember Smith advised that he has a conflict of interest and excused himself from the selection process. Upon discussion by Council, it was the consensus to appoint Councilmembers Baldwin and Libby to the Subcommittee, with Councilmember Ashiku as an alternative. City Manager Horsley advised that staff will provide the committee members with copies of applications and meeting dates. Discussion of the process followed. 10d. Award of Bid to Applied Development Economics, Inc, in the Amount of $42,000 for Preparation of (~rant Applications and Implementation of Grant Pro_iects, Authorize the City Manager to Execute Contract, and Approve Budget Amendment Assistant City Manager Flad advised that staff has completed the bidding process for the preparation of Grant Applications and Implementation of Grant Projects. One response August 4, 1999 Page 10 of 14 to the RFP was received from Applied Development Economics, Inc. (ADE). The proposed contract encompasses writing the 1999 Economic Development Planning/Technical Assistance application. If the grant is funded, ADE will implement the 1999 Economic Development Planning/Technical Assistance grant at a cost of $42,000, of which $35,000 will be paid by CDBG. He discussed ADE's excellent experience in the realm of grant writing. Discussion followed concerning statistics of the 115 grants that ADE has been involved with. It was noted by Mr. Flad that ADE will also be available to provide assistance with the Bicycle and Pedestrian Plan grants. He provided Council with information concerning the Revolving Loan Fund Analysis and Airport Business Park Infrastructure Financing Plan. It was noted that payment to the consultant is contingent upon receiving grant approval. Infrastructure improvements were discussed as well as the procedure for holding a Public Hearing for each grant project. MIS Baldwin/Ashiku to award bid to Applied Development Economics, Inc., in the amount of $42,000 for Preparation of Grant Applications and Implementation of Grant Projects, and Authorize the City Manager to Execute Contract; to approve amendment to the 1999~2000 budget increasing Revenue Account No. 333.0600.488.000 by $35,000, increasing Expenditure Account No. 333.4708.250.000 by $42,000, and authorizing a transfer from the General Fund (100) to the Community Development Block Grant Fund (333) of $7,000; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 10f. Discussion of How Council Desires Meeting Minutes To Be Taken City Manager Horsley discussed her Staff Report presented to Council which included samples of minutes from various cities. Staff is looking for direction from Council as to how the City Council Minutes are to be transcribed. She advised that during the past several months, the City Clerk has provided more detail to minutes in order to accommodate Council. She recommended that the Minutes be prepared in summary form, with detail when appropriate. When making corrections to the Minutes, she recommended that Council specify what they would like corrected. City Clerk Ulvila advised that when the Minutes are amended, Council has requested that they be returned at the next meeting for review. It was her opinion that this is a duplication, since the correction will be duly noted in the minutes when the amendment is made. In instances where a Councilmember wishes to express their opposition to an action and would like their concerns noted in the Minutes, they should state "1 would like the minutes to show that ...". This should also be stated when a Councilmember desires to have their specific statements concerning a matter reflected in the Minutes. She expressed a concern with Council directing her to listen to the tape recording for clarification on items for correction. City Attorney Rapport discussed the legality of retaining the tape recordings of City Council meetings. August 4, 1999 Page 11 of 14 Councilmember Libby advised that she was taken aback by the newspaper article regarding the Minutes in today's newspaper and that she did not request the matter be placed on the Agenda, as noted in the article. She was of the opinion that the Minutes should not be verbatim, but rather in summary form, with detail when necessary. She felt the objective of the Minutes should be credibility and that at times, Councilmember's statements concerning issues needs to be noted in the Minutes. Discussion concerning posting the minutes on the City's Web Site followed. Mayor Mastin noted that the tapes are available to Councilmembers who have questions regarding issues or statements made. The majority of Council agreed that there is no need to bring amended minutes back to Council for further review and that the Minutes should be transcribed in summary form, with detail when appropriate. 10g. Review of (~rand Jury Report and Authorize Submittal of Letter of Response to the Report City Manager Horsley advised that during the Closed Session earlier in the meeting, Council considered amending the original response to the Grand Jury Report and to have the City Attorney rewrite the letter. City Attorney Rapport advised that according to the Brown Act, the letter will be made available as soon as the revised document is prepared. MIS Smith/Ashiku authorizing Mayor Mastin to execute Letter of Response, as amended by the City Attorney, for submittal to the Grand Jury; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 10. CITY COUNCIL REPORTS Councilmember Smith reported attending a meeting at MCOG. As a new member, he continues to become updated on MCOG's activities. The next meeting of the Main Street Board will be held tomorrow, with the introduction of their new Executive Director, Christine Dillard, scheduled. He has accepted an appointment by the Board of Supervisors to the Work Force Investment Act Task Force Investment Board. He felt this assignment will be of benefit to both his employer and the City. Councilmember Libby reported that she attended a meeting of the Sun House Guild Board of Directors. She advised that she attended a MCOG meeting and the Callbox Safety Implementation Plan has been sent to Caltans and the CHP for review. MCOG has received funds through the Surface Transportation Grant in the amount of $400,000, and the City should receive additional funding. She reported that the Chamber of Commerce Telephone Membership Drive resulted in 32 new members and was very productive. For the Fourth of July celebration at the Fairgrounds, the Chamber took in revenues of $10,000 over the cost of the event. The Economic Development & Financing Corporation August 4, 1999 Page 12 of 14 (EDFC) met today and set goals for next year. It was reported that the City of Ukiah is one of the jurisdictions that work very well with EDFC. During a recent Local Agency Formation Commission (LAFCO) meeting, there was discussion by some of their members conceming not having to abstain from voting on minutes even though the member may not have attended the meeting. Councilmember Baldwin had nothing to report. Councilmember Ashiku reported attending a very long LAFCO meeting and noted they are experiencing difficulty in acquiring documents from the previous Director. City Manager Horsley reported that the City has been allowing LAFCO to use the Council Chambers for their meetings at no charge. Councilmember Ashiku reported that he met with George Frasier, Executive Director of Northern California Power Association (NCPA), regarding current legislation. Mr. Frasier has been invited to attend a City Council meeting to provide an overview of the issues NCPA members are encountering. He reported meeting with West Coast Wings regarding hangars and they should be breaking ground this fall. Mayor Mastin reported that the Mendocino Solid Waste Management Authority (MSWMA) meeting was canceled. MTA met on July 22, 1999, with the Public Hearing concerning the grant application for assistance with construction of the Transit Center on their agenda. He discussed the comments received from the public and the status of the building which houses the Miller distribution. With regard to North Coast Rail Authority (NCRA), he reported that their attorney sent a fax stating that they will not be accepting MTA's proposal and that they would get back to them about the matter. 11. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley reported that she will be attending a conference during the next two days and Assistant City Manager Flad will be in her stead. The Annual League of California Cities meeting is scheduled for October 10-12 and she polled the Council with regard to those planning to attend. 10:20 pm Adjourned to closed session. 12. CLOSED SESSION a. G.C, §54957.6 -Conference With Labor Negotiator Employee Unit: Police Negotiator: Candace Horsley Action Taken' None. b. Conference with Legal Council - Existing Litigation {G.C.§54956.9. Subd. {a)) - Estate of Nobel v. City of I, Ikiah et al. Grand Jury Report, Case #C99-349 August 4, 1999 Page 13 of 14 Action Taken: See Agenda Item 10g. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 11 '12 p.m. Marie Ulvila, City Clerk August 4, 1999 Page 14 of 14