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HomeMy WebLinkAboutMin 12-01-99MINUTES OF THE UKIAH CITY COUNCIL Adjourned Regular Meeting Wednesday, December 1, 1999 The Ukiah City Council met at an Adjourned Regular Meeting on December 1, 1999, the notice for which had been legally noticed and posted, at 5:46 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. Staff present: Assistant City Manager Flad, City Attorney Rapport, Deputy Public Works Director Seanor, and Deputy City Clerk Yoast. 2. PLEDGE OF ALLEGIANCE Senator Chesbro led the Pledge of Allegiance. PRESENTATION 3a. Discussion with Wesley Chesbro, ~tate ~enator Mayor Mastin introduced Senator Chesbro. Senator Chesbro explained his background in local government, both as City Councilmember of the City of Arcata for 7 years and the Board of Supervisors for 10 years. In this past year, his first year in the Senate, he was able to get 19 bills passed and signed by the Governor. The legislature got the budget done on time and in a bipartisan fashion for the first time in over a decade. Another significant event for local governments was that the Governor put language in the budget stating he was going to do something about Education Revenue Augmentation Fund (ERAF), however, no monies were allocated. All that coalesced in the end in the Budget with $150 million down payment and a commitment to a longer term effort to totally restore the funding. The degree to which local governments are affected by various legislation is different between large cities and the rural areas so they need to figure out a way to be equitable and determine which cities are in need. A constitutional amendment will be put on the ballot in November 2000, to provide a permanent funding source for local governments to offset ERAF's diversion of monies from cities and counties. The Governor also asked for language to address fiscalization of land use and the question of whether tax monies distort land use decision-making. They were able to get the $50 million buy-out of the cost of the booking fees, got public library grants, and $100 million to continue COPS funding. He learned that for smaller cities the COPS allocation does not provide enough money to pay for an Officer so in future years he will establish a minimum funding level that would assure that at least one staff person can be hired. They also included, on a competitive basis, $30 million in one-time equipment for local law enforcement agencies on a competitive basis. He carried a park bond measure to include local government funding needs for development of park facilities on the north coast to serve tourists so that we are not just acquiring resource lands but we are also developing them for local access to keep the tourist in our communities longer. The per capita funding for the City of Ukiah in the Park Fund will be about $110,000 and there are competitive monies above for which Ukiah can apply. Mendocino County is eligible for about $550,000 in park bond monies. Those can be used for everything from the habitat (creek restoration), basketball courts, or youth centers or recreation facilities for young people. Councilmember Ashiku questioned whether skate parks would be eligible and Senator Chesbro answered in the affirmative. Senator Chesbro continued to explain what competitive monies are available. There is $25 million December 1, 1999 Page 1 of 7 for public access projects, $20 million for coastal salmon habitat improvements, $10 million for ancient redwood protection and oak wood protection, $10 million for urban forestry projects, and $150 million for the Coastal Conservancy and coastal watersheds. They also approved a $2 million water bond measure, which involves money for clean water, water supply, and restoration projects. He noted SB291, which was a bill to direct federal and state salmon restoration funds, failed this time. However, it is a two-year bill and will be readdressed. The federal funds that have been allocated, and signed, include $9 million for California for restoration, so it is possible that SB291 will be broadened to include the bond monies for fish restoration that is in the park bond and water bond. They further expect more federal funds to come in future years. He is a little frustrated with the Govemor and legislature's lack of understanding of rural issues but he continues to educate them and work on behalf of the rural areas. Sacramento gets the most "bang for their bucks" by spending the money where there is higher population, but they need to ensure wording is placed in the legislation to take care of rural areas. He feels the Governor is doing a good job, and his moderate approach to things is bipartisan and has the legislature working pretty well together on issues. Virginia Strom-Martin had a bill to establish a Rural Council of State Agencies and that did get signed, so that will be a good education conduit to the legislature. Mayor Mastin invited persons from the audience to address Senator Chesbro at this time. Eric Sunsweet, Potter Valley, noted he appreciated the opportunity to talk to Senator Chesbro, and expressed concern regarding Sacramento addressing the educational needs of rural communities. He noted he was published in the Ukiah Daily Journal in January clarifying some articles that had appeared on lymes disease and the tick vaccine and adequacy of vaccines in general. Subsequent to that, the Senator appointed a task force to look into the issue and requested an update on that. He noted he was published today in the Anderson Valley Advertiser regarding the toxic levels of methyl mercury in fish in Lake Pillsbury and whether or not the State Water Resources Board and local Board have suppressed evidence in the testing. He distributed copies of that material to the Council. Senator Chesbro indicated he had a bill, which was signed by the Governor, to create to a Lymes Disease Advisory Committee within the Department of Health Services to help develop public education and information to get out the word that there are new treatments and vaccines available. Donna McDonald, Ukiah, noted she came to Ukiah in 1996. She expressed concern about putting money into parks, even though she very much enjoys them, because she feels parks should be secondary to meeting the needs of the homeless, addressing rent control, crime, and building and maintaining the roads, sidewalks, and bridges in the area. Peter Richardson, General Manager of Rainbow Construction, Ukiah, welcomed Senator Chesbro to Ukiah. He spoke to the bill that changes the notification requirements for the bidding process by public agencies. He indicated the City of Ukiah is very good about not doing this, but many public agencies do not get the information about a bid out until the last minute and by the time contractors hear about the project, the walk-through has already taken place, at which attendance is mandatory. It deprives the public of a little more competition which would result in more facility for the dollar. He introduced Ken Vander Stoep, Project Manager with Rainbow Construction, who is in attendance with his Scout group. Mike Moore, Boy Scout from Ukiah, asked if a skate park could be built in Ukiah. December 1,1999 Page 2 of 7 Mayor Mastin advised the City has been working on the skate park issue for quite some time. Assistant City Manager Flad advised there is a committee of local adults and young people who have been reviewing several sites for the skate park. One possible site is near the High School on Low Gap Road. Another is in one of our local parks. The key issue after selecting a site is coming up with money to build the facility. Fortunately, the legislature has passed laws that have taken some of the liability concerns off of cities. Mayor Mastin advised that Justin Capri, of the Skateboard Shop, is representing the skateboarders in the community. He is currently completing a presentation for the neighborhood meetings. Mary Buckley, Director of Plowshares, thanked Senator Chesbro's office for faxing her a copy of the legislation to address homeless shelter infrastructure funding. She noted the Ukiah City Council passed a resolution declaring a shelter crisis, which allows a shelter to happen without having to go through the Use Permit process. It still isn't happening because the doors have been closed everywhere they have turned. She thanked Council and Senator Chesbro for their efforts in this regard. Senator Chesbro indicated he will do his part at the state level to help the local jurisdictions to make it easier for the cities and counties to address the problem, but the ultimate decisions and solutions are local. Donna McDonald asked how much funding is available for making the necessary bridges, walkways, and bicycle trails in Ukiah? She noted 10,000 to 20,000 additional people come from outside the community every day, which pollutes our air and makes our roads more unsafe. There are many places that need repaired in town. Senator Chesbro noted that if ERAF monies are restored, the cities would have more money to improve infrastructure problems. Relative to specific transportation funding that is adopted for that purpose, there are competing proposals in Sacramento and there has been a deadlock about what to do at this point. Senator Burton has proposed a constitutional amendment which would lower the threshold for local bonds for transportation improvements. It has the support of the business community and local governments, but there is a small group of Assembly members who are holding it up because it requires a two-thirds vote to put a constitutional amendment on the ballot. Secondly, there is the possibility of establishing a state level sales tax or using some of the existing sales tax to give part of the surplus back to local governments for road projects. Third, is a transportation bond that could go on the ballot in November, which is what the Governor favors. Josh Carr, Ukiah, indicated he lives on Redemeyer Road and he can't ride his bike because there are no sidewalks. He thinks the speed limit should be lowered, it is 25 mph, and people go 50 mph, like his mom. He would also like to see campus cops at Pomolita because there are people doing and selling drugs and other things that the teachers cannot catch. Mayor Mastin advised Redemeyer Road is in the County and so they have jurisdiction over issues such as sidewalks and speeding. Senator Chesbro advised the legislature did approve funding for public safety at schools and originally the Governor proposed it for guards or metal detectors, but in an attempt to give more December 1, 1999 Page 3 of 7 discretion to the local jurisdiction, schools have been given authority to use the money as they desire. Some have chosen to use it on such things as conflict resolution counseling programs. City Manager Horsley advised the City is working with the School District to try to get some funding for an Officer's time. Councilmember Smith noted the League of California Cities is one of the organizations the City relies upon to advocate on our behalf and questioned whether Senator Chesbro was familiar with their stance on issues since he saw that he had voted in opposition to the League's recommendations in four out of five issues affecting cities. Senator Chesbro explained he tries to vote in favor of what the League or CSAC asks, but he cannot say it is across the board because there are times he might disagree with them. He noted he has a great deal of respect for the League, and was the President of the Redwood Empire Division when he was a Councilmember. City Manager Horsley asked if the Senator would address binding arbitration. Senator Chesbro advised this bill stalled because there was lack of clarity about how the Governor would respond to it. He is sure it will be a two-year bill and there will be a full discussion of it in the upcoming year. Councilmember Ashiku questioned why he supported binding arbitration because it is not in the best interest of the local agencies. Senator Chesbro stated there are instances where it has not proven viable, but on the whole when he'looked at all the data and statistics presented to him, it was his feeling that because law enforcement is in a separate category relative to the responsibility to not take labor actions and stay on duty, that some alternative vehicle for resolution of disputes is justified. He stated in County government, with regards to individual labor disputes about individual employees, the arbitration process was used all the time. Both sides selected representatives and then both sides selected a third representative. They then made a determination that was balanced and, in the overwhelming percentage of examples he has seen, that process winds up with an equitable resolution. Councilmember Ashiku stated that we know what will work locally and what the needs of our budget is, but then to have a third party come in and say what has to be met and we then have to cut "xyz" programs is really dangerous for us. Senator Chesbro stated he will take that information into account when he further examines the issue. These things frequently don't wind up being black and white and there is the opportunity to carve out exceptions for smaller jurisdictions to try and make it more fair and balanced. Councilmember Baldwin stated there is so much lip service about returning power to the local level but it is generally not true. Over the last 20 years, it has been just the opposite. The state has been usurping all kinds of power, ever since Prop 13. Now cities are relying on sales tax, which is not only regressive, but it hinders quality planning because we are forced to sometimes approve projects because we think it is going to help our Budget. December 1, 1999 Page 4 of 7 Senator Chesbro stated the Governor has made it a priority in this constitutional amendment to neutralize tax law in terms of those incentives to make land use decisions because of the revenue capacity. Since Ukiah already has that sales tax in place, it is not a simple matter on how you equitably reduce that incentive for the future but not penalize jurisdictions for today's decisions. Councilmember Baldwin asked if there is any movement by progressive Democrats to return power back to the local government, to give us the power to determine rent control and the power to find an alternative kind of tax to the sales tax. He would like to see some Democrats risk their political careers and challenge the anti-government mentality that gives all taxing power to a small, wealthy minority. Senator Chesbro stated he doesn't see dramatic change in the immediate future but, again, one of the beneficial effects of term limits is that there are an increasing number of people in the legislature who have the fresh perspective of sitting on local governments. There is a culture clash going on between the outgoing senior members of the legislature, who have either never served on the local government or its been so long they don't remember, versus the fresh perspective that is growing. Councilmember Smith noted that his other job is running Ukiah Valley Association for Rehabilitation and he thanked Senator Chesbro for SB1104, and helping the handicapped in our communities. Senator Chesbro noted he has set a real priority on both the developmentally and mentally ill and the people who take care of them, groups that have no voice. It is difficult to hire responsible people as caregivers and work must be done to improve training, standards, and pay for people who take care of the disabled. Mayor Mastin questioned whether there will be $10,000 per day fines imposed under AB939 for those jurisdictions who don't meet the 50% diversion rate by the 2000 deadline, because he is not aware of too many jurisdictions in the State of California who have met their 50%. Senator Chesbro indicated a few have reached the goal. He feels 35% or 40% diversion is a good thing, and he cannot imagine the Waste Board fining jurisdictions which have been working in good faith to reach 50% diversion. Agencies that have not been doing anything at all have gotten fines. He explained the make-up of the Waste Management Board and that it currently has a well-balanced membership. Senator Chesbro added that even though the League of California Cities is a valuable lobbying group, hearing real stories from real people are what make him passionate in his job. He asked everyone to not be shy about contacting his local representative, Jennifer Puser, or calling or writing him directly. City Manager Horsley advised it is the cumulative impact of such things as booking fees and animal control fees, that adds up to several hundred thousand dollars per year. She would like to see some sort of exemption for small rural cities. Discussion followed regarding the smaller cities getting together to provide a focused voice on issues to send to the legislature. There needs to be a critical mass of legislatures who hear from the small cities and their districts. December 1, 1999 Page 5 of 7 City Manager Horsley explained she is the Chair on the small city subcommittee that will be doing just this thing. Senator Chesbro said he will be happy to work with them on their efforts. He stated he has a big district and a lot of different voices to represent so hearing from the small cities routinely is very important for him. 4. RIGHT TO APPEAL DECISION Mayor Mastin read the appeal process. 5. CONSENT CALENDAR MIS AshikulSmith approving Items a through c of the Consent Calendar as follows: a. Approved Notice of Completion for Urban Collector Rehabilitation Project, Specification No. 99- O5; b. Accepted the Local Road Rehabilitation Project, Specification No. 99-04, as Complete and Authorized the Filing of the Notice of Completion; c. Authorized Expansion of Chico Scrap Metal Purchase Order to $25,000 for Scrap Metal Removal Services. The Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. 7. CITY COUNCIL REPORTS Councilmember Smith reported he got a communication from Jere Melo, of the Redwood Division of the League of California Cities, indicating he had been appointed to the Employee Relation Committee. Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin had no reports. 8. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley advised she has been in contact with the High School and Mendocino College for the Council to recognize their football teams' very successful years. She indicated that Assistant City Manager Mike Flad is also prepared to give an update on the homeless shelter situation. Assistant City Manager Flad distributed a memo outlining the recent efforts by City staff, Ford Street Project, and the County relative to locating a facility for a temporary homeless shelter. They have contacted 45 potential sites, and at this point the Yokayo Market site is the best site, with the Grange being second. Mark Rohloff has written a letter to the Grange Board, and apparently the Board is split on whether they want to rent on a month-to-month basis. They are also looking at temporary structures; i.e., fire-retardant tents or semi-wood paneling structures, and then locating them adjacent to a structure like Anton Stadium where restrooms are available. If temporary shelters are obtained at no cost from the Armed Services, there would still be shipping costs. Another consideration was skirting the Pavilion at the Alex R. Thomas, Jr. Plaza. December 1, 1999 Page 6 of 7 Discussion was had regarding placing tents at the Fairgrounds and it was noted that their next Board meeting, which staff will attend, is set for December 14. It was noted the Fairgrounds operates under more lenient Fire Codes than other locations. Assistant City Manager Flad advised staff should have more solid information within the next ten days. Discussion followed concerning the Board of Supervisors voting on the homeless shelter resolution on December 7. CLOSED SESSION a. G.C. §54957.6 - Conference with Labor Negotiator Negotiator: Candace Horsley I. Employee Negotiations- Department Head Unit The City Council went into Closed Session at 6:58 p.m. No action was taken. 10. ADJOURNMENT There being no further business, the meeting was adjourned at 7:25 p.m. Karen Yoast, Depu~,~ity Clerk December 1, 1999 Page 7 of 7