HomeMy WebLinkAboutMin 12-15-99MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, December 15, 1999
The Ukiah City Council met at a Regular Meeting on December 15, 1999, the notice for
which had been legally noticed and posted, at 6:31 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: Customer Service Supervisor Archibald, Public Utilities Director Barnes, Director
of Community Services DeKnoblough, Assistant City Manager Flad, Risk Manager/Budget
Officer Harris, City Attorney Rapport, Planning Director Sawyer, Deputy Public Works
Director Seanor, and Deputy City Clerk Yoast.
2. PLEDGE OF ALLEGIANCE
Mayor Mastin led the Pledge of Allegiance.
PROCLAMATIONS AND SPECIAL PRESENTATIONR
3a. Martin Luther King Day Proclamation and Presentation by Committee
Mayor Mastin read the proclamation and Lacretia Peoples accepted it on behalf of the
Observance Committee.
Lacretia Peoples thanked the Council for the Proclamation and explained this is the
seventh year for this observance. She explained that the Committee applied for financial
support through the community funding process, but was unsuccessful, and they have
been conducting other fundraising activities.
Ernie Jones, Chairman of Mendocino County Commission on Human Rights, thanked the
City Council for the proclamation and noted this event is the number one opportunity for
the community to come together around the issue of tolerance and acceptance. The City's
participation by funding the event helps make it a reality.
Ms. Peoples advised the Committee is requesting $500 from the City at this time.
Councilmember Baldwin questioned whether the celebration is religious in any respect.
Ms. Peoples advised it is held at the Catholic Church. They have various denominations
represented by choirs as well as the high school choir. Even though it is held at a church
it is not connected.
Vice Mayor Ashiku questioned what the Committee's budget is for the event and
determined the budget is $3,000 with a shortfall of approximately $500.
Mayor Mastin advised discussion of funding is not an action item on the agenda and this
will need to be agendized for discussion at the next meeting.
December 15, 1999
Page 1 of 14
APPROVAL OF MINUTES:
4a. Regular Meeting of November 17:1999
Councilmember Libby made a correction on page 12. The last sentence of the Motion
in the fourth paragraph was changed to read, "Councilmember Libby stated for the record
that she is voting "yes" on the Motion because it is a Concept Plan in a vision and felt the
grant money used for the fencing is necessary whether we go forward with the Park project
or not."
Councilmember Libby additionally made a correction on page 19. The fifth paragraph
was changed to read, "Councilmember Libby called attention to page 5, "111. Rules of
Debate, B. Questioning the Staff, and noted that Council has been able to ask questions
of staff, directly, rather than going through the Mayor or City Manager."
M/S Ashiku/Baldwin approving the Minutes of the Regular Meeting of November 17,
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.
APPROVAL OF MINUTES:
4b. Soecial Meeting of November 18. 1999
Councilmember Libby made a change on Page 1. The third line of the title was changed
to read "Thursday, November 18, 1999."
M/S Ashiku/Smith approving the Minutes of the Special Meeting of November 18, 1999,
as amended; carried by the following roll call vote: AYES: Councilmembers Smith,
Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN:
Councilmember Libby.
APPROVAL OF MINUTES:
4c. Regular Meetin_a of December 1, 1999
Deputy City Clerk Yoast made a change on Page 1. The fourth sentence of the second
paragraph of Item 3a, was changed to read, "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."
M/S Smith/Baldwin approving the Minutes of the Regular Meeting of December 1, 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.
5. RIGHT TO APPEAL DECISION
Mayor Mastin read the appeal process.
6. CONSENT CALENDAR
Vice Mayor Ashiku advised he will need to abstain from consideration of Item k, and
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Page 2 of 14
Councilmember Libby requested Item k be pulled for discussion and a separate vote.
Mayor Mastin advised Item 6k will be considered as Item 9c.
M/S Baldwin/Smith approving Items a through j of the Consent Calendar as follows:
a. Approved Disbursements for the Month of November 1999;
b. Awarded Bid for the Disposal of Biosolids to Residuals Processing, Inc. for the Sum of
$40.52 Per Ton During Dry Weather and $49.52 Per Ton During Wet Weather Plus
$250 per Month Dump Trailer Rental;
c. Rejected Bids for Sodium Bisulfite Products;
d. Adopted Resolution No. 2000-23 Waiving the 60-Day Notification Requirement for
Establishing a County Facility in the City (737/747 South State Street), Pursuant to
Government Code §25351;
e. Authorized the City Manager to Enter into Contract with Charles Heath Construction
to Construct Trickling Filter Pump Number Five for the Sum of $69,900;
f. Received Notification to the City Council Regarding the Purchase of Liquid Polymer
SW-057;
g. Awarded Bid for the Purchase of Liquid Polymer SW-238 to Polydyne, Inc. for the Sum
of $16,710;
h. Adopted Resolution No. 2000-24 Authorizing Subordination Agreement and
Signatories for Esperanza Ford, 225 Arlington;
I. Adopted Resolution No. 2000-25 Establishing No Parking Zones/Bus Loading Zones
at Three Locations in the City of Ukiah;
Approved Lease Agreement with Joe Mayfield for a Portion of Ukiah Regional Airport.
The Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Bill Webster, retired City of Ukiah Fire Captain/Paramedic, advised he retired from the
City of Ukiah in August. He is now working for the College in a better paying job. He
noted he is representing himself and not the Fire Department in his comments. He noted
in the past two years four Firefighters left the City of Ukiah for better paying jobs and,
combined with the others who are looking for other employment or retiring, it is his
estimate that the City can expect a 100% turnover of trained personnel in the next few
years. When you call 9-1-1, you want the most experienced individuals responding, and
he requested Council, as his elected representatives, to negotiate with the Fire personnel
and offer them what they are worth.
Dean Hutton, Battalion Chief in charge of operations for the City of Ukiah Fire
Department, advised that he possesses a Paramedic license and has been a Firefighter
for over 23 years. He spoke in support of the men and women of the City of Ukiah Fire
Department and their efforts to achieve fair and just compensation. The City must do
whatever is possible to retain the employees it currently has and be able to attract new
Firefighter/Paramedics in the future.
December 15, 1999
Page 3 of 14
Mark Hilliker, Captain, Ukiah Fire Department, advised he has served the City in excess
of 30 years. He introduced the Volunteer Chiefs, Kevin Jennings and Ron Lemmerz, as
well as the remainder of the Firefighters in attendance. He urged serious consideration
of their contract requests.
Roger Sprehn, Fire Captain and Paramedic for City of Ukiah, employed by the City for
nine years, distributed a letter and read it into the record from Mark Luoto, MD, and
Charles Evans, MD, on behalf of the Firefighters. The letter stated that the rate of pay is
an important part of keeping valued Firefighter Paramedics.
Mayor Mastin noted Council will be considering this matter in Closed Session later in the
meeting and thanked the Firefighters for attending the meeting to speak to this issue
directly.
UNFINISHED BUSINESS
8a. Discussion of Results of Ford Street and Clara Avenue Traffic Calming Survey
and Recommendation Regarding the Traffic Calming Devices
Rick Seanor, Deputy Director of Public Works, advised there are two corrections to the
staff report in that the attachment references and the text in the summary are reversed.
He reported the traffic calming survey came as a result of the City promising the Ford
Street and Clara Avenue neighborhoods in November 1998, that staff would conduct a
follow-up survey relative to the traffic calming devices. As a result, a survey was
composed in English and Spanish, and hand delivered to approximately 300 households
in the Clara/Ford neighborhood. The survey covered a three-week period, and a total of
106 surveys were returned for consideration. He explained the results, with a majority of
the responses for both Ford/Clara requesting removal of the traffic circles. There was
some concern expressed relative to the fast speeds returning if the circles are removed,
however, the Police Department said they could place the speed trailer in the area and add
additional enforcement. He added that a copy of the final Agenda Summary Report was
circulated to over 300 recipients in the area. Additionally, he received four phone calls
from residents in the area who requested removal of the barriers, and he summarized
some of the concerns expressed in the conversations. The Traffic Engineering Committee
(TEC) reviewed the results of the survey at their October 12 meeting, and unanimously
recommended removal of the traffic circles. Staff is also recommending approval of the
TEC's recommendation to remove the circles.
City Manager Horsley advised if the circles are removed staff will be researching
alternate methods to reduce the speed in the area.
Mayor Mastin questioned why a question was not included in the survey regarding speed
humps for Clara Avenue, and Mr. Seanor noted that the Public Safety Department
indicated that speed humps would not be acceptable on Clara.
Discussion followed regarding Portland's use of offset speed humps that fire equipment
can maneuver around, that the radar trailer cannot record speeds, and that the traffic
circles have been in place since the end of 1997.
December 15, 1999
Page 4 of 14
Councilmember Libby advised she is glad this matter came back to the Council as she
does not support placing these types of obstacles in front of cars. There are other ways
to deal with this issue and she is in favor of looking at other options.
Councilmember Baldwin questioned whether the people responding to the survey knew
what they were responding to.
Rick Seanor explained he received comments back that the attachments showing a visual
description of different traffic calming features were helpful, and people also drew
diagrams and pictures of what they preferred.
Josh Scheiding, 626 Joseph Street, questioned how traffic was slowed on Dora, which
used to be a speed track, without speed humps, obstructions, or road narrowing. He
asked that the traffic circles be removed.
Angela Whittaker, 706 Sidnie Court, suggested putting a 4-way stop at the corner of Ford
and Sidnie, and a 3-way stop on Clara.
Sheila O'Connor, 432 Ford Street, noted support of putting a 4-way stop sign and 3-way
stop sign on some of the streets. She thought it would be less expensive than the speed
humps, and if people had to stop at each block it would reduce the speeding.
Bob Bender felt stop signs would be the best option.
Tim Almon, 308 Clara, noted stop signs are working effectively on Dora in front of Yokayo
School and the City should go forward with something other than traffic circles, with stop
signs being the best option.
Eric Larson, 123 Clara, read resolution regarding traffic in the Clara/Ford area that was
passed in 1994 as a result of the KMart approval, where the City declared its commitment
to have City staff work with representatives from the neighborhood to develop and
implement a traffic management program to reduce impacts of traffic on Clara Avenue and
Ford Street. After that time, the Council adopted the General Plan that included a goal to
preserve and enhance the small town character and integrity of all residential
neighborhoods and streets, and provide for the mitigation from traffic volumes and speeds
not conducive to neighborhood character. He has been involved in this project for almost
six years and did not want to speak in favor or against traffic circles. He had doubts about
them in the beginning, and they are experimental measures. He expressed concerns
relative to the staff report in regards to proper notification to the neighbors, that the survey
is unclear, and the analysis of the survey does not allow for the compilation of the data in
any meaningful form. He recommended continuation of this matter to allow for further
analysis of the survey by the residents, staff, and the Council. He encouraged Council to
read each survey. Quite a few people in the survey suggested stop signs but research
shows stop signs generate air pollutants. Regarding the offset speed humps, he found a
detailed analysis and test-run program by Portland specifically designed for public safety
vehicles to traverse these types of speed humps. He thought this may be the best solution
December 15, 1999
Page 5 of 14
for this project.
Donna Roberts, 7400 East Road, Redwood Valley, advised up until 41/2 months ago, she
was an18-year resident of Sidnie Court. She noted traffic calming in this neighborhood
has been an ongoing pilot project. Over a year ago brought pictures to the City Engineer
of traffic calming circles in Sacramento that are very Iow, permanent, and better signed.
She asked Council to not take action until they have an opportunity to review the history
of the project on how the calming devices came about and look at the tools being used
throughout the country, such as Portland, Oregon, and Boulder, Colorado.
Vice Mayor Ashiku noted that a lot of effort has gone into conducting this trial and study,
but felt it is time to end the experiment and try something else. He is in support of the
Traffic Engineering Committee's recommendations.
Councilmember Libby stated she is also in support of removing the traffic circles. The
stop signs seem to be a common sense solution, especially if there are areas between
Clara/Ford where stop signs can be placed and not just at the end of the streets.
Vice Mayor Ashiku agreed because traffic has to actually stop rather than just slow down.
Mayor Mastin noted the reason there are not more devices on Clara/Ford is because the
project is not completely finished.
Councilmember Libby questioned whether stop signs have been considered by the
Engineering staff.
Mr. Seanor advised that generally stop signs are not used as a traffic calming measure,
and staff follows Caltrans guidelines for placement of stop signs at intersections. It would
be a little bit unusual in this area.
Councilmember Smith noted stop signs work on Dora. He is also concerned that traffic
calming devices be installed as far back as the railroad tracks. He would propose the
removal of the circles with stop signs placed at Sidnie and Clara, as well as more study
of traffic calming devices, such as the offset speed humps west of Sidnie to slow traffic in
that area.
Vice Mayor Ashiku indicated the speed studies done in the past actually indicate the
greatest traffic calming device is the railroad tracks. He agrees that Council should move
this along and have staff come back with new concepts.
Councilmember Baldwin stated he has traveled these streets and it is very easy to drive
slow. The other pollution created by stop signs is noise pollution. The more stops you
have on a street, the more noise pollution you have also. He is concerned about the lack
of notification to the neighbors on this matter, and he would not like to remove the circles
until there is an alternative solution available for installation.
December 15, 1999
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Mayor Mastin indicated he agreed with Councilmember Baldwin in that he does not have
a problem with removing the circles but wants to have an alternative plan in place. The
circles were meant to slow traffic due to the increased traffic KMart generated, and that is
what they are doing. One of the things that has bothered him over the last couple years
is that Council has taken criticism because of the traffic calming devices and there has not
been a lot of public support from the neighborhood to defend why these circles were put
in place.
M/S Ashiku/Libby to support the Traffic Engineering Committee's recommendations
directing staff to remove the traffic circles located at Ford Street and Sidnie Street and at
Clara Avenue and Sidnie Street.
Discussion followed and it was determined that staff would try to have all the research
concluded on alternative methods of traffic calming to be brought back to the Council for
the second meeting in January.
Mayor Mastin indicated his concern regarding removing the traffic calming devices before
alternative solutions are determined.
Vice Mayor Ashiku indicated when the traffic calming came forward a few years ago, he
supported it, but after hearing stories and having some experiences himself, he felt they
need to go.
Councilmember Libby added that it has been demonstrated that the circles have not
really slowed down the traffic after all.
Councilmember Baldwin stated there is a notification problem, only 13% said remove the
circles without immediate alternatives, because speed is a greater hazard. Therefore, he
will vote "no."
The motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
and Vice Mayor Ashiku. NOES: Councilmember Baldwin and Mayor Mastin. ABSENT:
None. ABSTAIN: None.
Recess- 7:58 p.m.
Reconvened - 8:02 p.m.
Mayor Mastin introduced Dotty Coplen, who arrived late at the meeting and could not
speak during the Comments from the Audience portion of the agenda.
Dotty Coplen, 1240 N. Pine Street, addressed the importance of nesting, breeding, and
feeding places for beneficial insects and birds as well as for children and families living in
our community being able to sit, play, or garden. She distributed a letter to the Council
that included an article from the Press Democrat entitled, "Helping our suburbs get back
to roots," and requested that the Council add the wording "usable habitat friendly open
December 15, 1999
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space" to the open space requirements of the General Plan.
UNFINISHED BUSINESS
8b. Consideration of Changes to the Senior Assistance and Emergency
Assistance Programs of the Public Benefit Trust Fund
Customer Service Supervisor Patsy Archibald explained that the City's Energy
Assistance Programs have been in full effect for over a year. During this year staff has
increased marketing efforts in both English and Spanish forms, and have assisted
approximately 300 households with their electric bills. She thanked Councilmembers
Baldwin and Libby for their time and participation in the development of the report to the
programs before the Council. There are two programs in place. One is a temporary
measure of providing emergency assistance to help households with up to three of their
electric bills, and the other is the Senior Citizens Benefit Account. The Public Benefit
Charge the City retains in a fund from all the ratepayers producing approximately $350,000
per year, and the City is currently utilizing approximately $55,000 annually from that fund.
She explained the various options before the Council for consideration.
City Manager Horsley drew attention to the chart on page 8 that shows the potential costs
of implementing the various options. The numbers are "best guess" numbers of what the
potential costs could be as there is no way to get solid numbers. It was recently learned
that the Public Benefit Charge may help cover the cost of a seasonal homeless shelter.
Councilmember Baldwin indicated page 9 shows the projection of program longevity
without additional funding. He questioned why the projected revenue for the year 2000 is
$45,000 more than what was mentioned earlier of $350,000?
Ms. Archibald indicated the increase is due to interest on the amount that is set aside.
Councilmember Baldwin questioned if there is anything in state law or local ordinance
that prevents the City from continuing to collect this amount yearly after the state law
sunsets.
Ms. Archibald responded there is no restriction, but there is also no state law telling the
City it has to continue the program.
Councilmember Baldwin questioned if the City was to continue to collect and spend this
$350,000 a year for public benefits beyond the sunset year, would it set the City back three
to eight months in the calculation of when it can get to "market rate."
Director of Public Utilities Barnes indicated $350,000 is about four months time, and the
City's pay-down to get to market is approximately $1.5 million per year. So, if the City
saved $350,000 each year from 2002 to 2006, at $350,000 per year, it would be $1.5
million.
Councilmember Libby noted the City should proceed in small steps because it can only
estimate how many households will participate. She wanted to see more of a rate
December 15, 1999
Page 8 of 14
reduction for the senior citizens and a smaller reduction for Iow income individuals
because she thought seniors are on fixed incomes and do not usually have a means to go
out and bring more income to their households. She would like to increase the senior
allowance from 50 kilowatts to 75 kilowatts per month, and expand Iow income to 50
kilowatts.
Ms. Archibald advised if the City were to increase the first 75 kilowatts free to the current
number of participating households for the seniors, it would increase the numbers by about
$4,000 per year.
Councilmember Baldwin commended staff on putting together an easy-to-read,
comprehensive report that gave Council a great number of options. It was his perspective
that the estimates are overly liberal in the expectations of the outcome. He also felt an
advertising budget should be included because eligible people do not know the program
exists. He thought they should rename the City program to include all people who meet
the poverty guidelines, which for a family of four is $16,000 per year, rather than 150% of
poverty level. He felt the City should double the kilowatt hours and make the program
available to anyone meeting the income guidelines, which is Scenario #5 in the staff
report.
Discussion followed relative to possibly capping the annual dollar amount allocated or
capping the number of households served per year, and whether the program should be
continued after the mandated time.
Councilmember Libby noted she felt more comfortable if the Council reviews the program
after a year to see how it is doing and discuss additional increases at that time.
Mayor Mastin indicated his support to opening the program up to more eligible families,
and seniors should be target customers. The money is there to spend and looking at the
chart with the liberal possible figures on staff's part, they all would terminate themselves
within a three or four-year period. Hopefully, there would still be money left over to
continue the program. He would support Scenario #3 because it is easier to make
increases than decreases in funding programs. He would also support continuing the
program in some form after the mandated time.
Vice Mayor Ashiku noted one of the problems with Scenario #3 is that the City will be at
75 kilowatt hours for each month, however, the cost projection is only based on 1,500
households. It is conceivable there will be more participation than that, which makes it
difficult to respond to the changing needs of the community if things become adverse
economically. Scenario #4 provides 1,000 additional households that could apply and you
are well over budget. The Benefit Charge is based on the City's actual revenues to date
and there could be changes in power usage. Scenario #1 gives 1,500 households
immediate relief and if more than 1,500 applied we would still be within the means of the
program. Further, if we really want to help the seniors, we can give them 100 kilowatts.
Councilmember Baldwin stated every eligible person should be able to participate.
December 15, 1999
Page 9 of 14
Another reason he felt there will not be a big turnout is that people do not like to fill out
forms and go into offices for $6 per month.
M/S Baldwin/Ashiku to rename the City of Ukiah Low Income Senior Discount Program
to Ukiah's City Assistance for Relief through Energy Support, aka "Ukiah C.A.R.E.S"; that
the level of assistance should be at 50 kilowatt hours per month for all qualified individuals,
except qualified senior citizens who would be eligible for 100 kilowatt hours per month; and
that the levels of emergency assistance be kept at the current level.
Discussion followed relative to the lifestyles of Iow income seniors and how some might
need less than 100 kilowatt hours per month. Ms. Archibald indicated she was comfortable
with the motion.
The motion carried by the following roll call vote' AYES' Councilmembers Smith, Libby,
Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN' None.
It was discussed that the forms and press releases should be prepared in two languages
and distributed to all non-profit agencies that offer social services in the City limits, as well
as the Senior Citizens Center, Library, and perhaps day care centers.
NEW BUSINESS
9a. Discussion Regarding Setting Date for Joint Airport Commission Meeting
City Manager Horsley noted two dates were suggested by the Airport Commission.
After discussion, it was determined that everyone was available on January 11, 2000, at
7:00 p.m. The meeting will be held in the Ukiah Council Chambers. Items to be added to
the agenda include budget issues (Councilmember Baldwin) and automated fueling
facilities (Vice Mayor Ashiku).
It was the consensus of the Council to select January 11,2000, at 7:00 p.m., as the date
for the joint meeting with the Airport Commission and directing staff to add additional
agenda items for that meeting; carried by an all AYE vote of the members present.
NEW BUSINESS
9b. Consideration and Adoption of Resolution Approving Memorandum of
Understanding for Employee Bargaining Unit - Department Head Unit
City Manager Horsley advised the resolution was discussed in Closed Session at the last
meeting, and it includes Council's recommendations from that meeting.
M/RC Baldwin/Smith adopting Resolution No. 2000-26, Adopting Memorandum of
Understanding between the City of Ukiah and the Department Head Unit; carried by the
following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor
Mastin. NOES: None. ABSENT' None. ABSTAIN' None.
December 15, 1999
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9c. Approval of Amendments to the Lease Agreements with Brian Brodowski,
Nick Bishop, and Mark Ashiku
Mayor Mastin advised Agenda Item 6k became Agenda Item 9c after being pulled from
the Consent Calendar.
Vice Mayor Ashiku and City Attorney Rapport went into conference relative to a conflict
of interest discussion on this item. It was determined Vice Mayor Ashiku would not return
during consideration of this item.
Recess - 8:39 p.m.
Reconvened: 8:41 p.m.
Councilmember Libby advised she pulled this item from the Consent Calendar because
she did not feel comfortable with some of the wording in the amendment. The Council
approves the Airport leases and assumes responsibility for what is in them and if there is
a change to a lease, Council should review the changes. She did not have a problem with
the assignment clause, but would like to see the wording changed relative to subletting so
that a lease comes back to Council for approval rather than the City Manager.
City Manager Horsley advised when someone is going to build a large hangar they
typically have to get financing, but they have to get their agreement in place before going
to the lender. Lenders will not lend money unless they know they will be assigned the
hangar if there is a default on the part of the current hangar owner. So, every time the City
Council approves a lease, it would have to come back a second time to provide
assignability for the lender.
City Attorney Rapport advised the terms of the assignment might be different depending
on the particular transaction and the City Manager could negotiate the terms of that
assignment. The bank usually wants a security interest in the lease and they want to be
able to take over, but yet they do not want to be responsible for the rent until they obtain
a new tenant, and the City might not want to agree to that. We are trying to give the City
Manager the flexibility and authority to approve any assignment or sublease.
City Manager Horsley noted after staff processed a couple leases and realized how
redundant they were, and since the Council approved the lease and meant for the hangar
to happen, staff tried to find a way to address the problem. She advised she talked to
Councilmember Libby earlier in the day relative to her concerns and City Attorney Rapport
was able to develop alternate wording that may accommodate the concerns expressed.
City Attorney Rapport distributed the new language for Council's review.
City Manager Horsley noted if the Council is not comfortable with this arrangement she
does not want Council to adopt it, but asked that they change the language for the three
leases currently before them.
December 15, 1999
Page 11 of 14
Councilmember Libby advised she is more comfortable with the new wording, with one
typo being changed, to read as follows:
"5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will
not let or sublet the leased premises without the prior written consent of Lessor.
"The City Manager may consent to an assignment of the Lease on behalf of Lessor,
if the assignment is to a lending institution and necessary for the Lessee to finance
the construction of Lessor approved Improvements on the leased premises. The
City Manager may agree to commercially reasonable terms and conditions in
connection with an assignment required for financing purposes. The City Council
must approve all other assignments and subleases. Lessor shall not withhold
approval unreasonably of Lessee's request to assign this Lease. Any assignee
must meet all criteria duly adopted by Lessor for leasing said property for airport
related uses and the assignment of the Lease must be consistent with the Airport
Master Plan, adopted by Lessor. If any assignment occurs in violation of this
paragraph, Lessor may terminate this Lease and recover possession of the leased
premises, including any improvements located on the leased premises which, under
the terms of this Lease, become the Lessor's property upon termination of the
Lease. "Assignment" includes both voluntary assignments and assignments that
occur involuntarily or by operation of law."
M/S Smith/Libby to approve amendment to paragraph 5 regarding assignment and
subleasing leased premises, as noted above, to the leases with Nick Bishop, Mark Ashiku,
and Brian Brodowski, as well as all future leases, carried by the following roll call vote:
AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES: None.
ABSENT: Vice Mayor Ashiku. ABSTAIN: None.
Vice Mayor Ashiku returned to the meeting at this time.
10. CITY COUNCIL REPORTS
Councilmember Smith reported his household has been ill the past couple weeks.
Councilmember Libby drew attention to the form she distributed which shows MCOG's
funding for the TEA Program. The City of Ukiah received funding, in the amount of
$221,000, with the City's match being $55,000.
She reported attending a meeting for the Recreation Center. There are still a lot of things
to look at such as how the ongoing maintenance would be funded, and the different
entities that would be interested in using a facility. She reported to them that they would
need to find funding for ongoing maintenance and not rely on the City.
She further reported that she attended a very nice Grace Hudson Museum Endowment
Board Christmas Party.
Councilmember Baldwin advised he attended the Mendocino County Inland Water and
Power Commission (IWPC) meeting and they reported no news from FERC and there is
December 15, 1999
Page 12 of 14
a continued threat of PG&E selling their facility. An argument was raised that Park
Steiner's concept of the canal should never go through without increased storage and the
dam being raised. There was discussion of Steve Leonard being transferred from the
lake. Another item discussed was the public relations campaign, who is going to do it, how
to compile the information, and who is going to look at the information once it is gathered.
Janet Pauli reported that the Sonoma County Water Agency offered IWPC $100,000 for
this educational public relations campaign from money they have set aside for habitat
restoration and public education. The majority of the Commission is pushing for a video,
but did not know how to fund a high quality video.
Vice Mayor Ashiku reported there is a company called Kinetic Aviation that built a very
interesting plane and has plans to build a lot more. Their Engineer is looking at several
locations for their manufacturing facility, and he visited Ukiah and met with Mike Flad and
Madelin Holtkamp to discuss whether this community would suit his needs. All he will
need is a 50' x 60' hangar to get started.
Mayor Mastin reported he went with the City Manager and Assistant City Manager to the
Fair Board meeting to discuss the possibility of locating a homeless shelter there. The Fair
Board seemed relatively receptive to the idea, and asked a lot of good operational types
of questions. He understands the new Fair Manager will be in touch with Mark Rohloff, of
the Ford Street Project, to walk the grounds.
He reported he attended the Police Department Christmas Party on Friday night, and the
City's Employee Christmas Party on Saturday night, along with the tree lighting ceremony.
The NCRA Board met today and welcomed two new Board members, Max Schlinger, now
Ukiah's local representative, and Mr. Simonson from Willits. They apparently directed
their staff to finalize the MTA agreement. There are still some issues to deal with, but MTA
is confident they will be able to resolve them.
He added there was a press release out of the Governor's office today reporting that Leslie
Dahlhoff, Mayor of Point Arena, was appointed as the new member to the North Coast
Regional Water Quality Control Board.
10. CITY MANAGER/DIRECTOR REPORTS
City Manager Horsley reported on the homeless shelter. She added that she met with
Jim Anderson and Greg Foss regarding animal control. Due to the Hayden bill, which
forces the County to keep animals longer, they will have to expand the facility to house 90
cages instead of 45. They are having to hire a new staff person and new supplies, and the
new facility will cost between $1.5 million and $2 million. The City's costs will probably go
from $12,000 to $30,000 because of state legislation that stipulates that cities start paying
their share of the animal control costs. It had always been assumed before that it was part
of the property tax that the County received from the City.
She reported this holiday season there is an employee's blanket drive for the homeless
shelter, and employees are being allowed to take two hours off during the holiday season
to help out at a non-profit, such as Plowshares, Food Bank, Senior Citizen Center, or the
December 15, 1999
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Christmas Effort.
She advised the NCPA Strategic Planning Workshop is scheduled for January 18 and 19,
2000.
Adjourned to Closed Session at 9:17 p.m.
11. CLOSED SESSION
a. G.C. §54956.9(3)(c)- Conference With Legal Counsel-
Litioation. I Matter.
Location- 825 North State Street, A.P. No. 002-091-26
No action was taken.
Anticipated
b. G.C. _~54957.6 - Conference With Labor Neootiator
Negotiator: Candace Horsley
Employee Negotiations: Department Head Unit
No action was taken.
c. G.C. 654957.6 - Conference With Labor Neootiator
Negotiator: Candace Horsley
Employee Negotiations: Fire Unit
No action was taken.
12. ADJOURNMENT
There being no further business, the meeting was adjourned at 11:05 p.m.
Karen Yoast, Deputy~__~y-~lerl~
December 15, 1999
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