HomeMy WebLinkAbout1999-06-02 PacketMEMORANDUM
DATE:
FROM:
TO:
SUBJECT:
June 1, 1999
Candace Horsley, City Manager
Honorable Mayor Mastin and
City Councilmembers
June 2, 1999 Agenda Item 10f
Attached is additional information submitted by Councilmember Baldwin Monday morning
regarding Agenda Item 10f. If you have any questions regarding this information, do not
hesitate to contact either myself or Councilmember Baldwin.
CH:ky
Atts.
4:Can:MCC189
In Support of Resolution Opposing U.S. Military Attacks on Yugoslavia:
1. Op Ed Column from New York Times by former President Jimmy Carter.
2. United Press International interview with Slobodan Milosevich.
3. Opinion by Phyllis Schlafly of the Eagle Forum
In Support of Resolution for Minimal Quiet Time at Lake Mendocino:
1. San Francisco Chronicle Editorial on Jet Skis, Monday, May 31, 1999.
FreeRepublic.com "The web's premier conservative news discussion fo, rum/."_
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Topic: White Water
Have We Forgotten the Path to Peace?
NY Times
5/27/99 Jimmy Carter
One reason is that the United Nations was designed to deal with international conflicts, and almost all the current ones are
civil wars in developing countries. This creates a peacemaking vacuum that is most often filled by powerful nations that
concentrate their attention on conflicts that affect them, like those in Iraq, Bosnia and Serbia. While the war in Kosovo rages
and dominates the world's headlines, even more destructve conflicts in developing nations are systematically ignored by the
United States and other powerful nations.
One can traverse Africa, from the Red Sea in the northeast to the southwestern Atlantic coast, and never step on peaceful
territory. Fifty thousand people have recently perished in the war between Eritrea and Ethiopia, and almost two million have
died during the 16-year conflict in neighboring Sudan. That war has now spilled into northern Uganda, whose troops have
joined those from Rwanda to fight in the Democratic Republic of Congo (formerly Zaire). The other Congo (Brazzaville) is
also ravaged by civil war, and all attempts to bring peace to Angola have failed. Although formidable commitments are being
made in the Balkans, where white Europeans are involved, no such concerted efforts are being made by leaders outside of
Africa to resolve the disputes. This gives the strong impression of racism.
Because of its dominant role in the United Nations Security Council and NATO, the United States tends to orchestrate global
peacemaking. Unfortunately, many of these efforts are seriously flawed. We have become increasingly inclined to sidestep
the time-tested premises of negotiation, which in most cases prevent deterioration of a bad situation and at least offer the
prospect of a bloodless solution. Abusive leaders can best be induced by the simultaneous threat of consequences and the
promise of reward -- at least legitimacy within the international community.
The approach the United States has taken recently has been to devise a solution that best suits its own purposes, recruit at
least tacit support in whichever forum it can best influence, provide the dominant military force, present an ultimatum to
recalcitrant parties and then take punitive action against the entire nation to force compliance.
The often tragic result of this final decision is that already oppressed citizens suffer, while the oppressor may feel free of
further consequences if he perpetrates even worse crimes. Through control of the news media, he is often made to seem
heroic by defending his homeland against foreign aggression and shifting blame for economic or political woes away from
himself.
Our general purposes are admirable: to enhance peace, freedom, democracy, human rights and economic progress. But this
flawed approach is now causing unwarranted suffering and strengthening unsavory regimes in several countries, including
Sudan, Cuba, Iraq and -- the most troubling example -- Serbia.
There, the international community has admirable goals of protecting the rights of Kosovars and ending the brutal policies of
Slobodan Milosevic. But the decision to attack the entire nation has been counterproductive, and our destruction of civilian
life has now become senseless and excessively brutal. There is little indication of success after more than 25,000 sorties and
14,000 missiles and bombs, 4,000 of which were not precision guided.
The expected few days of aerial attacks have now lengthened into months, while more than a million Kosovars have been
forced from their homes, many never to return even under the best of circumstances. As the American-led force has expanded
targets to inhabited areas and resorted to the use of anti-personnel cluster bombs, the result has been damage to hospitals,
offices and residences of a half-dozen ambassadors, and the killing of hundreds of innocent civilians and an untold number
of conscripted troops.
Instead of focusing on Serbian military forces, missiles and bombs are now concentrating on the destruction of bridges,
railways, roads, electric power, and fuel and fresh water supplies. Serbian citizens report that they are living like cavemen,
and their torment increases daily. Realizing that we must save face but cannot change what has already been done, NATO
leaders now have three basic choices: to continue bombing ever more targets until Yugoslavia (including Kosovo and
Montenegro) is almost totally destroyed, to rely on Russia to resolve our dilemma through indirect diplomacy, or to accept
American casualties by sending military forces into Kosovo.
S o far, we are following the first, and worst, option -- and seem to be moving toward including the third. Despite earlier
denials by American and other leaders, the recent decision to deploy a military force of 50.000 troops on the Kosovo border
confirms that the use of ground troops will be necessary to assure the return of expelled Albanians to their homes.
How did we end up in this quagmire? We have ignored some basic principles that should be applied to the prevention or
resolution of ali conflicts:
Short-circuiting the long-established principles of patient negotiation leads to war, not peace.
Bypassing the Security Council weakens the United Nations and often alienates permanent members who may be helpful in
influencing warring parties.
The exclusion of nongovernmental organizations from peacemaking precludes vital "second track" opportunities for resolving
disputes.
Ignoring serious conflicts in Africa and other underdeveloped regions deprives these people of justice and equal rights.
Even the most severe military or economic punishment of oppressed citizens is unlikely to force their oppressors to yield to
American demands.
The United States' insistence on the use of cluster bombs, designed to kill or maim humans, is condemned almost universally
and brings discredit on our nation (as does our refusal to support a ban on land mines).
Even for the world's only superpower, the ends don't always justify the means.
Jimmy Carter, the 39th President of the United States, is chairman of the nonprofit Carter Center, which seeks to advance
peace and health around the world.
I just heard on Larry King that the WH is furious over this op-ed by Carter, go figure!
Posted by: JustPiper
1 05/27/1999 18:51:09 PDT
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Subject: UPI & Milosevich
Date: Wed, 05 May 1999 13:52:53 -0700
> Text of Milosevic interview with UPI
>
> BELGRADE, April 30 (UPI) - Here is the transcript of Yugoslav President
> Slobodan Milosevic's interview Thursday with UPI's Arnaud de Borchgrave:
>
> Q: What do you hope to get out of this?
>
> Milosevic~ I find it hard to believe what is happening. America is a great
> country and Americans great people. But your leaders.are not strategic
> thinkers. Short-term quick fixes, yes. They said let s bomb Yugoslavia and
> then figure out what to do next. Some said Milosevic would give up Kosovo
> after a few days of aggression from the air. To set out to destroy a
> country for a pretext no one can buy is simply unbelievable. I don't expect
> to get anything out of this because I did not start it. You may recall
> there were no refugees before March 24 when the NATO aggression started.
> But the Clinton administration did expect to get something out of this
> terrible decision. I understand you had two general goals. One dealing with
> Europe, the other with the Balkans. First is to prove U.S. leadership in
> Europe and the second to re- establish U.S. leadership in NATO in the
> post-Cold War era. Regretfully, we were targeted as a guinea pig to achieve
> those goals. Simply because of our weaknesses and of the internal problems
> we faced. But, as you know, you will find in at least 100 countries around
> the world different ethnic separatist movements. If you decide to support
> separatist movements it is very hard to believe any country can survive.
> There are 4,000 ethnic groups in the world and only 185 members of the
> United Nations. In Yugoslavia, we have 26 different ethnic groups. Any one
> of them could cause trouble if agitated from the outside. Which is what
> happened in Kosovo. In Belgrade, we have 100,000 Yugoslav Albanians. And
> never a problem with them. Walk from our Parliament building and you will
> see many shops with their Albanian names. Not one window smashed here in
> all those years of violence in Kosovo. Our people never considered them
> responsible for the behavior of the so-called Kosovo Liberation Army
> terrorists. In Kosovo, Albanian Kosovars were bigger victims of the KLA
> than Kosovar Serbs. When we looked at the figures the number of Albanians
> killed by them was twice as large as Serbs dead. They simply terrorized
> Albanians to join their underground and impose their idea of an ethnically
> pure state. That movement is Nazi in its character because of their
> publicly deolared goals of a racially pure state. Where can you find such a
> state in the world today? It is precisely the opposite of what is happening
> in the world. Ethnically mixed states is the trend in the new global
> village. The Kosovar terrorists were trying to reverse a global phenomenon.
>
> Q: Which you then attempted to do in Kosovo after March 24?
>
> Milosevic: Absolutely not. That is the big lie which, repeated often
> enough, becomes conventional wisdom.
>
> Q: You are denying that your armed forces drove people out of their homes
> and torched entire villages?
>
> Milosevic: We are not angels. Nor are we the devils you have made us out to
> be. Our regular forces are highly disciplined. The paramilitary irregular
> forces are a different story. Bad things happened, as they did with both
> sides during the Vietnam war, or any war for that matter. We have arrested
> those irregular self-appointed leaders. Some have already been tried and
> sentenced to 20 years in prison. We reinforced our forces after Rambouillet
> for a major offensive against KLA terrorists, not to ethnically cleanse
> Kosovo as was done with the expulsion of 500,000 Serbs from Croatia, which
> was ignored by the world media. And the refugees were fleeing in panic
> because of the war against the terrorists and also because of
> disinformation horror stories being spread by the terrorists which then
> became word of mouth and forced ever more people to join the exodus.
>
> Q: Satellite recon shows entire villages torched?
>
> Milosevic: Individual houses, yes. But not whole villages as we saw on TV
> in Vietnam when American forces torched villages suspected of hiding Viet
> Cong.
>
> Q: Just in the past 10 years, the Soviet Union has become 15 independent
> republics. Four former republics of Yugoslavia have declared their
> independence. Scotland and Wales are moving toward self-rule. As we
> approach the next millennium, it is becoming increasingly obvious that the
nation-state is too big for small problems - and too small for big
problems. Devolution is going on everywhere. Why not in Kosovo? What is so
important there?
Milosevic~ To us Kosovo is critically important because it is the heart of
country (sic) and an integral part of our long history. It is also home to
a quarter of million Serbs whose forebears have lived there for centuries.
It is also home to some 5,000 Christian churches. A Swiss expert
categorized 1,800 of them as historical monuments that are the heritage of
world civilization and that list was sent to President Clinton.
Q: After thousands of NATO strikes against Yugoslavia, most of your
country's communications and transportation networks, as well as your
petroleum production and storage capacity, have been largely destroyed,
along with your principal bridges, or about $100 billion worth of damage
and about 1,000 killed. Now NATO is raising the total number of warplanes
in action against you from 700 to 1,000. Are you prepared to see
Yugoslavia's entire infrastructure destroyed?
Milosevic: We never thought we could defeat NATO, an alliance of some 700
million people armed with the most advanced and sophisticated weaponry in
the world. But NATO believes it can pick on a small nation and force us to
surrender our independence. And that is where NATO miscalculated. You are
not willing to sacrifice lives to achieve our surrender. But we are willing
to die to defend our rights as an independent sovereign nation. The U.S.
Congress is beginning to understand that bombing a country into compliance
is not a viable policy or strategy. I think your strategic thinkers are
also beginning to understand that missiles and other sophisticated weapons
will not always be the monopoly of high-tech societies. And with the
example it is now setting, we can see the day when lesser nations will be
able to retaliate. The development of these weapons is taking place so fast
there is not a single spot on the planet that cannot be reached. America
can be reached from this part of the world. We have no quarrel with
America. We all know NATO is the strongest military machine in the world.
We simply want them to stop being so busy with our country and worry about
their own problems. NATO was formed to defend the western democratic
nations from totalitarian aggression, not to commit aggression. We just
want to be left alone and free.
Q: At the cost of another month of bombing?
>
> Milosevic: Tell me, what choice do we have?
>
> Q: It seems to be that left alone is not an option in what you called a
> global village. Doesn't your future lie with the European Union in an
> increasingly integrated Europe? This will require compromise to end this
> war. Surely the rest of Europe has a stake in what happens in Yugoslavia.
> Doesn't EU have a role to play in this impasse? Isolation is not an answer.
>
> Milosevic: Just the opposite. In fact, our policy has been consistent on
> this front. We launched a series of initiatives with a view to increasing
> integration in the Balkans. We had a highly successful conference in Crete
> a year ago. I met with the Albanian prime minister in an attempt to
> normalize relations completely with open borders and freedom of movement,
> free trade and so forth. My point to him was that borders in Europe were
> becoming irrelevant and that we could not be holdouts against these trends.
> European countries have no other choice than to cooperate and integrate. We
> had a follow-up conference of all the southeastern European nations in
> Istanbul. I suggested to Bulgaria we do the same we had already done with
> Macedonia, namely abolish customs duties and open borders for free trade.
> The same was offered to Bosnia and all other states in the region. With a
> very simple idea in mind. We are all market economies now. In fact,
> Yugoslavia is a little bit ahead in this respect having started before the
> collapse of the Soviet Union and communism. I told all my neighbors that we
> could not afford to wait to enter EU one by one in the years ahead. We had
> to do something together as a region which would then facilitate joining
> the wider European enterprise later but earlier than would otherwise be the
> case. Parallel with this was the process of privatization which we started
> long before our former communist neighbors. We privatized our
> telecommunications 18 months ago with Italian and Greek companies. Telecom
> Serbia is now 50 percent owned by foreign entities. Up and down the line
> our policy has been one of integration, not isolation. Your policy has been
to isolate us and demonize us and get NATO to treat us as a pariah state.
Q: After you walked away from the Rambouillet accords on Kosovo, did you
really expect more than a month of sustained bombing?
Milosevic: Rambouillet was not a negotiation. It was a Clinton
administration diktat. It wasn't take it or leave it. Just take it or else.
We did not expect bombing. It was unbelievable to us that even as an excuse
that we didn't want to sign something that we weren't even negotiating it
would be used to bomb us as the Nazis did in World War II. Rambouillet was
a recipe for the independence of Kosovo, which clearly we could not accept.
Especially given the fact that we never contemplated depriving Kosovar
Albanians of their legitimate rights. The proof is what happened when half
a million Serbs were forced out of Croatia. We never retaliated by
expelling a single Croat from Serbia. When Serbs were expelled from Bosnia,
we protected all our Muslims from retaliation. We never considered Muslims
in Yugoslavia were responsible for what happened in Bosnia. Of course there
were irresponsible Serb politicians in Bosnia making all kinds of demagogic
threats. But this was heated rhetoric. Foreign visitors are invariably
impressed at how we handle our unique minorities problems. Go to Vojvodina
in the north and see how the Hungarian minority of 360,000 is treated - it
after Hungary became a member of NATO and has now offered its bases to
American warplanes to attack us. They have schooling in their own language,
their own newspapers and radio and TV programs. Twenty-six such communities
enjoy the same rights. There is no other way in such a diversified society.
It has been our philosophy from the very beginning. In Kosovo as well.
Equality was the basic principle in Kosovo. Without equality between the
two communities there would be no basis for durable peace. That was our
approach for Rambouillet. But the American approach was to favor the
Albanian community. This could only lead to ethnic cleansing of anyone who
was not of Albanian origin. Serbs clearly could not have stayed under the
overlordship of Albanians. There are 250,000 Serbs in Kosovo and 200,000
Muslim Serbs who are not of Albanian origin but whose families converted to
Islam under the Ottoman Empire. Then you have 150,000 Gypsies and 50,000
Turks. Even this last community has its own newspaper and TV program. U.S.
diplomats knowledgeable about Kosovo have confirmed that we were indeed
respecting those principles. So I said to them, "OK, gentlemen, now please
> put those principles into the Rambouillet agreement." Equality means
> nothing unless incorporated into the institutions.
>
> Q: And how did you propose to do this in practice?
>
> Milosevic: Very simple. Takes only one minute to explain. The parliament in
> Kosovo has to be composed of two houses. The lower house elected on the
> basis of one-citizen one-vote and the other house to be made up of national
> communities, with each community entitled to five representatives. That way
> everyone is guaranteed against majority domination. That way, too, Serbs
> could not impose anything on Albanians and vice versa. When I talked to
> Ibrahim Rugova (the moderate Kosovar Albanian leader), we agreed that it
> was in our common interest to have real peace, welfare for all citizens,
> clean towns and villages and develop industry. But at the back of the minds
> of Kosovar Albanians is how to become the masters of the rest of the
> population. Several decades ago when the Albanians had complete power in
> their hands, they started a process of Albanization of the rest of the
> population. Gypsies, for example, could not register newly born child
> unless willing give it one of the officially recognized Albanian first
> names. In Rambouillet, regardless of the fact that the delegations never
> met, never exchanged so much as a single word, we had a delegation in which
> Serbs were a minority. We had three Albanians, Serb Muslims, Turks and four
> Serb Christians. Our delegation represented a real cross-section of Kosovo.
> The Albanian Kosovars were all representatives of the Albanian separatist
> movement. EU's dilemma at the end of the 20th century is whether.they are
> going to support a multi-ethnic and multi-cultural society and
> multi-religious approach to society or a kind of Nazi-like approach with
> one racially pure ethnic group ruling a diverse society like Kosovo. Henry
> Kissinger said Rambouillet was a mechanism for permanent creation of
> problems and confrontation. President Clinton should have listened to this
> wise geopolitical expert rather than some of his own less knowledgeable
> advisers.
>
> Q: So how do we get out of this mess?
>
> Milosevic: A political process, not by more bombinq.
> -
Q: But you must be prepared to compromise.
Milosevic: From the beginning of April I have had five meetings with
Rugova. He was not a prisoner or under duress. This week, the President of
Serbia went to Pristina (the capital of Kosovo) and he and Rugova signed a
statement of agreed joint principles, which called for respect for the
equality of national communities, respect for the equality of all citizens,
direct negotiations, because U.S. shuttle diplomacy was completely useless
as Rambouillet demonstrated. So we have ourselves begun a real political
process. This first joint statement with the Albanian Kosovar leader is the
first joint victory in our struggle for peace. At the same time we have
been talking about the formation of a temporary joint executive board for
Kosovo composed of representatives of all national communities in Kosovo.
Its first task will be to help refugees return home. The problem for
returning refugees will be bombing. So clearly this insanity will have to
stop. Before bombing, regardless of what you hear from NATO and Pentagon
briefings, there were no refugees. It wasn't only the Albanians who fled,
but also the Serbs, Turks, everyone.
Q: Are you saying that the idea of a U.S. Trusteeship or protectorate is a
non-starter in your mind?
Milosevic: Please tell me why a U.N. protectorate is needed. That is not to
say we are against a U.N. mission. Before the war, we accepted 2, 000
verifiers from ONCE. It was Oscine's biggest ever mission. We also had in
Kosovo the International Red Cross and the United Nations High Commission
for Refugees, both with huge missions. Plus 1,000 journalists from all over
the world, with no restrictions. Plus Kosovo Observation Diplomatic Mission
run by Embassies from Belgrade. All this in Kosovo. So who ~ould say we
were not open to the international community? They were all free to verify
what was happening in this small territory. But this was abused.
> Q: How?
>
> Milosevic: Foreign diplomatic missions were to all intents and purposes
> supporting KLA terrorists. Instructing them how to organize and what to do
> to achieve their objectives. Also to create something that would look more
> like a regular army. That way they were told to create the kind of
> situation that would make it look to the rest of the world that there was a
> war between the regular Yugoslav army and the KLA. The KLA was then
> composed of different terrorist groups. Just judge them by their acts. They
> were never able to attack any military or police unit. Instead they were
> taking hostages and killing civilians. One hundred and fifty hostages were
> never seen again. They were planting car bombs and dynamiting supermarkets.
> Classic terrorism.
>
> Q: Are you suggesting that since the U.N. and other international
> organizations couldn't do anything before, you see no point in bringing
> them back now?
>
> Milosevic: No, not at all. The U.N. can have a huge mission in Kosovo if it
> wishes. They can bear witness to the legal behavior of our law enforcement
> agencies and to the fact that everything is now peaceful, that the KLA has
> ceased to exist except for scattered small groups that can still stage
> ambushes.
>
> Q: Is it possible to have a U.N. presence without a U.N. peacekeeping force?
>
> Milosevic: We cannot accept an occupation force, whether it flies under a
> NATO or U.N. flag.
>
> Q: So you accept a U.N. peacekeeping force?
>
> Milosevicz Yes, but no army.
>
> Q: Without weapons?
>
> Milosevic: Self-defense weapons is normal, but no offensive weapons. We
cannot accept anything that looks like an occupation. The idea behind
Rambouillet was 28,000 troops, including 4,000 Americans, who would be
occupying Kosovo with tanks, APCs and heavy weaponry. Kosovo has social and
economic problems which an army of occupation cannot alleviate. Aid, not
arms, is what Kosovo needs.
Q: So in your judgment what is the nature of a compromise between NATO and
Yugoslavia?
Milosevic: I will tell you. Several points. First of all, cessation of all
military activities. Second, simultaneity between the withdrawal of NATO
troops now concentrated on our borders in Albania and Macedonia, on the one
hand, and the decrease of our own troops in Kosovo from their present level
of 100,000 to the normal garrison strength of between 11, 000 and 12,000,
which was the regular Pristina Corps.
Q: You went from 40,000 to 100,000 troops in Kosovo since the bombing started?
Milosevic: Yes, because of the danger of aggression across our borders by
NATO forces. Every day we heard NATO voices urging political leaders to
order ground forces into action. But if the danger of NATO aggression is
over, we can send our troops back to Serbia. Some are mobilized reservists
and they are anxious to get back to their regular jobs.
Q: How long would such a simultaneous withdrawal take in your judgment?
Milosevic: We can do it in one week.
Q= And the third point?
Milosevio: The return of all refugees, regardless of their ethnic or
religious affiliation.
> Q: And when would the U.N. peacekeeping force go in? Before the refugees
> can return presumably.
>
> Milosevic: I don't like the word "force." We would welcome U.N. mission not
> what "force" implies. There is no job for forces. What would such forces
> do? Just ruin our roads with their tracked vehicles. We would welcome
> anyone, any mission, that accepts to be our guests. Their mission would be
> to observe that all is peaceful and not to act as an occupation force. They
> can see that we are not terrorizing anybody. Even now we are not
> terrorizing anybody. When the U.N. is here they can bear witness that what
> we are saying is the truth.
> Q: I assume you know that NATO will not accept your idea of a compromise
>
> Milosevio: Well, I don't know what NATO will accept. IF NATO insists on the
> occupation of our country, we have no choice but to defend ourselves
> against this further act of aggression.
>
> Q: If you wouldn't quibble about the word "force" for U.N. peacekeepers,
> the end of hostilities could be speeded up.
>
> Milosevic: But I told you we are willing to accept a U.N. presence and are
> ready to negotiate its composition. But please understand that after all
> those crimes against our nation and its people, we cannot accept
> representatives of the countries that committed aggression against us. We
> would like to see representatives of neutral countries.
>
> Q: Any further points?
>
> Milosevic: My fourth point is the political process. We will continue
direct negotiations with Mr. Rugova in the presence of the international
community. They can listen to every single word that is spoken, but they
cannot act as mediators. We want to achieve the widest possible autonomy
for Kosovo within Serbia. So we must negotiate the composition of new
institutions and the local police. Before the war, there were 120 villages
with elected Albanian local police. Some were killed by KLAterrorists. My
fifth point is free access for UNHCR and the International Red Cross.
Sixth, an economic recovery plan for the three Yugoslav federation states
that have been heavily damaged by NATO aggression.
Q: Back to the composition of U.N. peacekeepers, which you don't like to
call a force. Since NATO members are not acceptable, what would you see to
European participation as EU, not as individual NATO countries 9
Milosevic: There are European countries that are not members of NATO, like
Ireland, that would be acceptable.
Q: Contingents from Russia, Ukraine and Belarus have also been mentioned
·
Milosevic: They, too, would be acceptable.
Q: Surely you are not prepared to face several more weeks of NATO bombing
as the diplomatic haggling continues.
Milosevio: One more day is too much. But what choice do we have if NATO
insists on occupying Yugoslavia. To that we will never surrender. We Serbs
are as one on this life and death issue of national honor and sovereignty.
-- Copyright 1999 by United Press International.
by: Phyllis Schlafly
PS REPORTS
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ARE WE GOING
TO ALLOW
CLINTON TO GET
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AMERICA INTO
WAR?
Sign our
PETITION
May 26, 1999
President Clinton has had several good opportunities to stop his Yugoslav war: Jesse
Jackson's successful mission to bring home our POWs, the embarrassing bombing of the
Chinese embassy, and Milosevic's feeble overtures about withdrawal of his troops. But it
looks like Clinton wants to keep the war going even though it hasn't accomplished any of
his stated objectives.
Why? It's hard to avoid the conclusion that he wants to continue the bombing in order to
distract attention from the daily China scandals. Another explanation might be that he
wants the drama of war to define his legacy rather than impeachment and Monicagate.
After ali, he complained at the White House Correspondents dinner that he ranked only
53rd on the list of the top news stodes, asking, "what do I have to do to make the top 50?"
The answer is, start a war.
Clinton bombed a remote camp in Afghanistan and a drug store in the Sudan just three
days after his non-apology about the Monica scandal was such a PR flop. He bombed Iraq
the day before the House was scheduled to begin impeachment proceedings.
Was it mere coincidence that Clinton started bombing Yugoslavia just as the bad publicity
started coming out about the Chinese espionage at Los Alamos, and keeps the bombs
falling as every day's news confirms that it happened on Clinton's watch? When you add
Bulgaria, mistakenly bombed dudng his attacks on Belgrade, Clinton has bombed five
countries in the last year.
By using anti-population "dumb" bombs for "area bombing," Clinton has abandoned all
pretense that his accelerating air stdkes are aimed only at military targets. His
Administration has already had to apologize 13 times for what he calls "collateral
damage," including the bombing of a refugee convoy, a bus on a bridge, a marketplace, a
hospital, a playground, a passenger train, and a sleeping refugee village.
Yugoslavia claims that the U.S./NATO bombing has killed 1,200 civilians and caused
5,000 casualties. Soon, we will be asking the question: Since the bombing started, who has
killed more people, Milosevic or Clinton?
It's not surprising that the Chinese don't believe that the bombing of their embassy in
Belgrade was a mistake. They think that blaming it on a two-year old map doesn't ring true
and, besides, nobody has been fired or punished.
This fatal and expensive bombing hasn't achieved any purpose except to distract public
attention from the transfers of U.S. missile technology to Communist China and the Clinton
Administration's coverup. It's also made Milosevic a Yugoslav hero.
Clinton and NATO have done over $50 billion worth of damage to Yugoslavia without
achieving any strategic or humanitarian objective. Of course, we all know exactly who will
be called upon to rebuild the Danube River bddges, the civilian property, and the water
and electric infrastructure that Clinton's bombing has destroyed.
When the 106th Congress convened in January and Republicans were talking about
passing a tax cut, Clinton got up on his soap box and sanctimoniously demanded that we
save the surplus for Social Security. He rejected a tax cut because, he said, the American
people might not spend it "dght."
Now Clinton has spent our Social Security surplus on his losing war. And the Republican
Congress appropriated the money to pay for it.
For the first time in history, the United States is the aggressor in war, thereby forfeiting our
reputation as a peace-loving nation. For the first time in history, a President has taken us
into war when we were not attacked or threatened, and where we have no discemable
national interest at stake.
Clinton's talk about our "moral" duty to take "humanitarian" action is as phony as his lies
about his pdvate misbehavior. All the people he said he wanted to help are now worse off
than before his bombing started, and the State Department admits that 90 percent of the
refugees became refugees after the bombing started.
Clinton says we must push on with the bombing in order to save NATO's credibility. On the
contrary, Clinton's war is well on the way to destroying NATO's credibility because the
bombing of Yugoslavia is so clearly in violation of the terms of the NATO treaty.
The officials of the 19 countries who caroused in Washington, D.C. in celebration of
NATO's 50th anniversary adopted a "new strategic concept" that pretends to authorize
intervening by force against any government they don't like (of course, using U.S. money
and manpower, not NATO's). But none of the heads of state, including Clinton, bothered to
get approval for this dramatic change of mission from his own legislature.
The NATO countries think it's a neat idea to have a Spanish Marxist, Javier Solana, order
the U.S. air force into action to cope with European conflicts. Clinton Administration
officials, who are on record as making demeaning remarks about the concept of national
sovereignty, also think it's a neat idea for a U.S.-financed NATO to police a new world
order.
How much more damage will Clinton do before the 2000 elections bring the warmongering
politicians back to reality?
Ph~llis sChlafly column 5-26-99
.EDITORIALS
L _
-.., ,~:,: ......... .: .,. ; .
.
.
1
, ,.
. -2' . ' ~' ': '~ "':;~"~' '": ' '
~1 ~I I i I . i .I I I~ I I i i ~ ~ ~ ~ ~ ~ ~ i i I I I' I ' ~1 II I -
Free (of' J,:et Ski.s)'.at Last-
LIFE AT Lake Tahoe will be'.more peace-
ful starting tomorrow, when a craCk~
down on jet skis and other two-stroke
engines takes effect.
While an end to the din of the water hot
rods will be welcome, the real reason for the
prohibition relates to air and water quality:
Exhaust from two hours of jet skiing is
equivalent to the emissions from a 1998
passenger car operated-fat"about 130,000
miles. About 30 percent 'of a jet ski's fuel
escapes into the air and water, carrying the
gas additive MTBE, a suspected carcinogen.
Officials were thinking about a toxin-re-
duced environment more than noise poilu-
tion when they took action against two-
strokeengines. The elimination' of the irritat-
ing sounds is an added benefit.
The".T~Oe rules apply to engines used in
many motor boats, jet skis, small, lightweight
jet boats and small fishing boats. Inboard
engines are exempt.
Manufacturers of two-stroke engines are
rushing to substitute the high-polluting ma-
chines .with more environmentally-friendly
boats. If they sUcceed, more .power to them.
But jet skis and their like have clashed
with, not complemented, the:PriStine' bea~w
and peace of Lake Tahoe, and their 'depar-
ture is not a sad one.
~ . _
PROCLAIMLaTION
WHEREAS, Soroptimist International is the largest service organization for
business and professional women throughout the world; and
WHEREAS, Soroptimists worldwide strive to serve their communities by
providing service in the areas of Economic and Social Development, Education,
Environment, Health, Human Rights/Status of Women and International Goodwill and
Understanding; and
WHEREAS, Soroptimist International of Ukiah was chartered on June 4, 1949,
and has continued to serve our community by providing contributions to our youth,
young women, seniors and other non-profit agencies by raising funds through various
service projects with the most visible being the Soroptimist Invitational Dolphin Swim
Meet and Baby Think It Over Program; and
WHEREAS, it is important to recognize the Soroptimist International of Ukiah
club and its members for their many significant contributions to our community for the
past fifty years.
NOW, THEREFORE, I, Jim Mastin, Mayor of the City of Ukiah, on behalf of my
fellow City Councilmembers Phillip Ashiku, Phil Baldwin, and Kathy Libby, do hereby
proclaim Friday, June 4, 1999, as Soroptimist International of Ukiah Dayin the
City of Ukiah, and urge all citizens in Ukiah to convey their sincere gratitude and
appreciation to the Ukiah Soroptimists for their valuable contributions to the economic,
civic, and cultural achievements to our community.
Date: u eJ~:l~l__9~
ITEM NO. 3b
DATE: June 2. 1999
NDA MM RY R P RT
SUBJECT: PRESENTATION REGARDING WESTSIDE UKIAH VEGETATION MANAGEMENT
PROGRAM
The Ukiah Fire Department, Ukiah Valley Fire District, and California Department of Forestry are
working cooperatively to reduce the risks associated with the outbreak of wildfire on the west hills
of the Ukiah Valley. Staff will make a 15-minute presentation to the Council designed to provide
general information about this program.
RECOMMENDED ACTION-Council receive presentation.
ALTERNATIVE COUNCIL POLICY OPTIONS-
1. N/A
Citizen Advised-
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Roe M. Sandelin, Fire Chief
Bruce P. Evans, Fire Marshal
Candace Horsley, City Manager
1. None.
4:Can:AsrHills Candace Horsley, Cit1Manager
MEMO
4a
To' Ukiah City Council
From: Marie Ulvila, City Clerk
Subject: Amended City Council Minutes of May 5, 1999
Date: May 24, 1999
At the May 19 City Council meeting, Council approved the minutes of May 5
with a correction, as noted by Councilmember Libby. After listening to the tape
recording of the meeting concerning statements made by John Mayfield, I have
amended the minutes accordingly. Attached please find page 5 of the May 5,
1999 minutes, with the amendment underlined for your convenience. Please
note that when Mr. Mayfield made this comment, he was speaking in the first
person.
Council.
Mayor Mastin advised that Council is in receipt of a Memo regarding Ukiah Paper
Supply's support of the proposed Ordinance, as well as communication from the
Mendocino County Employers Council voicing their support.
Ed Hamett, Ukiah, spoke against the Ordinance. He opposed preferential treatment for
some local businesses and noted that the City Council is supposed to represent the
people. Although the aspect of a living wage is not part of the proposed Ordinance, he felt
Council should consider adopting such an Ordinance. He felt the preference could be
abused and some local businesses could use it as a front to bid for businesses outside the
City. He discussed social problems, such as hunger, unemployment, and a Iow wage
scale in Ukiah and felt these matters are more important than a preference for local
businesses. He suggested that if Council really wanted to help businesses and residents,
they would lower the electrical rates in the City.
John Mayfield, Willits resident, opposed the Ordinance. Although he lives outside of the
City limits, he does business in Ukiah and was of the opinion that Ukiah is not a friendly
place to do business. He discussed his recent purchase of a Ukiah business. He felt the
preference Ordinance would be difficult to administer, enforce, and would be a gross
mistake. He felt the recent adoption of the Ordinance to revise the Fire Code will increase
the cost of rental housing in Ukiah. He encouraged the City to allow the bidding process
to be open and competitive. He felt the City should become more involved with outreach
programs that encourage businesses to be more competitive and to participate in the
bidding process. It was his opinion that if he is not competitive, he should not be
doing business here,
Al Beltrami, Ukiah, advised that his organization does not represent "big business,"
however they represent 160 businesses with a spectrum from "big business" to retirees,
as well as many "mom and pop" stores. The City has a lot of mom and pop stores and they
are the people who tend to pay most of the taxes. The MCEC upholds the adoption of
positive steps by the City of Ukiah to indicate support for local businesses and employers
within the City and the County. He felt Councilmember Libby is to be commended for
bringing this issue to the forefront, and for proposing an Ordinance which closely imitates
existing Ordinances in other cities and counties. The business community, often penalized
by fees, charges, and regulations, also needs to be supported by local government
whenever legally and philosophically appropriate, since this private sector provides
employment as well as revenue to the City. In their review of this issue, there is a strong
consensus that the present bidding system is not responsive to local small businesses.
Many of the local members do not respond to City bids, since they believe the effort of
completing a bid form is futile, if there is a possibility that they can lose to an outside firm
by as little as $1. MCEC urges Council to direct City administration to develop a strong
purchasing outreach program for local businesses, provide for better understanding of City
purchasing needs, and soliciting responsive local bids.
Councilmember Libby thanked the Greater Ukiah Chamber of Commerce, which is the
largest representative of Ukiah businesses that endorsed the Ordinance. At the last
May 5, 1999
Page 5 of 17
4b
MINUTES OF THE UKIAH CITY COUNCIL
Special Meeting
Wednesday, May 12, 1999
The Ukiah City Council met at a Special Meeting on May 12, 1999, the notice for which
had been legally noticed and posted, at 5:25 p.m. in the Civic Center Council Chambers,
300 Seminary Avenue, Ukiah, California. Roll was taken and the following Council
members were present: Libby, Baldwin, Ashiku, and Mayor Mastin. Staff present:
Assistant City Manager Flad, City Manager Horsley, and City Clerk Ulvila..Z~ii~?::.
::i~., =========================
Mayor Mastin reported that this Special Meeting of the.::City CoU~iiii?:h~:i3een called for
the purpose of Council to interview, and then appoi~i~ii?:new ~~i~.~ber to fill the
· ncil due to Krist Kell's
vacancy on the C~ty Cou Y Y .... g.... ' .............. : :.i~::.:.~ili:.:.:.i.:.:::.:::::.:::.~i::i~ ..... .....::::::::i ....
advised that Council must fill the vacancy by app0.i~i~ent b~' m'i:a~!~i~::~..th, e
will require a Special Election be held in Novembe":.~iii~999
Council discussed the role of the public during the i'~~iip...:rocess and the consensus
of Council was that members of the public would be::~i¥~i~?L.m..ake a statement prior to
Council conducting interviews.
5:26 p.m, -Comments open to the publi...c.:.~i~?~ii~iiii~i~ii~i~i~i~ii~iiiii~ii~i~ii?:::~ ....
5:27 p.m.- Public comment per.i~"close.ai?::~:'' :ii?iiii? .................
=====================
2. APPLICANT INTERVIEWS~ii~OR CI~!~OUN~iI~ VACANCY
BRENDA~::~ADITIS .~!?i~ii~st appli~~'!~ interviewed by the Council. She chose
Councilme~~i!~.-e..d a r~:~~iiii~i~questions, including what unique talents, skills or
perspectiv.e...:~::iiii~iiii~i~i?~ii~.ring'""*i"~iiiii~:e Council in addition to what methods would she
pro mot e.....t..0....-i!{~-~l'u C'~:::~i~ii~..d..i n g..?'
Ms,..:~aditis respon~i~i::"she would need to see what issues are coming up in order
to:~:ii~i~i:ng fresh ideas .t..~ii:'the Council and people of Ukiah. She felt people are the most
i~rtant thing we ~d to deal with and that we should listen more and try to create a
~i~union with t....h...~'ity Council and the people. With regard to reducing the City budget,
~iii~m....m...e...~":'a volunteer program to perform minor jobs in the City offices.
C~~iliiii~:~tinued to present Ms. Levaditis with an array of questions, which she
answered as each was presented. Among these queries, she was asked her views of the
westside hills within the next five to 15 years, her views regarding the need to prove City
employees with decent wages, and her definition of civic spirit.
Ms. Levaditis preferred to have the westside hills remain the same as they are now.
May 12, 1999
Page 1 of 12
However, as Ukiah grows, there should be a growth limit for the westside hills to retain the
beauty of the hills. She felt City employees should have decent wages to support their
families and the Council should follow up with an increase in salaries as the budget allows.
She noted that while running as a candidate for the City Council, several City employees
voiced their opinion that City wages were Iow. She felt that the City may be loosing many
good employees because of this situation and would prefer to keep qualified personnel
with the City by offering them decent wages. With regard to civic spirit, she felt it is the
same as city-friendly, and having the community and City working together toward a
common goal would enhance civic spirit.
.:i:; ........ :~.':.-':?:~?
The question was posed to her as to how she wou..:!d sort .~~il;~-"~n issue, as a
.,.-... ======================================
Councilmember, when there may be several different 0~i~i~:ns onili~ili~:~.~ She was also
asked her opinion of a living wage and if a particular ~'~tment i~ii~i!i~i~:is currenfly..:i~'
Ms. Levaditis was of the opinion that Council shoul~iiiii!i~i::~?;~he people a~!ii~ii~' what
":::'-.::i'-~'-~:i:i:::: ....
the majority of the people want. She is in favor of ~::ii~i~i~' wage that would be higher
than the national and California minimum wage requi.~~iiiiiii~.r..ing candidate interviews
with City department heads, it was noted that most.:~:j3ar{~~ii.~::~:....understaffed and that
when an employee left the City's employme..n:.~.,.:~i~:gir worFt~i?~i~:dedicated to other
employees, rather than replacing the posit!~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~i?:i~
=======================================================================
==================================================================================
Ms. Levaditis was questioned as to ~i::"Woul~!ili~ii~iiii~o:st:'.ii!i::~portant attribute a City
...-.,..,. :.:.:.:.:. ===========================================================
Councilmember should have. ..;::ii?:' ...............
.,.-.-.-.- j:;::::::- ::::::::::::::::::::::::::::::
" ......... .::Z:' ::::::::::
..;::...;;:;:::;:;' .-:-:-:-:-:. . ....
.-:-:-:-:-'
Ms. Levaditis felt they should P~i~i~¢~ood .t~m play~?trustworthy, and be available.
:.:.:.:.:.:.:.:- :.:.:,:.:.:.:.:.:.
Other queries presented to.. M~?Levadifi~iiii~lud~i~:What type of criteria would she use to
..:::::.. .::::.--':;::i:i::.. :::::::i::~ ===========================================================
distribute .a. ii~ain amou~'t.:iii~f.:i~i~oney tdii!~. "'.':~fi( organizations, how she would propose
· *:':';';':':':';':':';';':':';'- -:;i;!;:;;;:~ ~;:;i~:!:!;!:::i::::::::;:;:::::;:;, ":':':':':':':':':':';°:':" ":';':+'
to gen~iiii~~.....u, e td:::~ii~;;~?pens~;::fC:~"'her proposal to increase employee wages,
and what?~j.~i;ii~.".sues faSi~;iit-:~ili~ity in the future should be worked on.
":':':': .':':':':':':':':':':':':':':':':':':'- ":¢:: ,...::i:i:i:i::':i:i:.::M::':.::i::':i:i:i:i::..
":'~:~iiiiiiiii~:iiiiiiiiiiiiii~:iiiii~:iiiiiiiiii~ .... ===========================================================================
Ms. Levaditi~:~¢~~~,::~t. hat S~i~6'id review past spending of the City and look at local
organiza!!~¢~:'(~:~!i~(.ii~;i~:....ece§:~ry. A local application process would be established
as we!:!::ii;~§ a spendiCi~iiii!!~i~iiiiiiiiii!~:.more funds are available, then additional funding needs
coul.~;~8 met. As far a{i~i~i~g for increased wages, she felt that if the City did not have
th~;iii!~venue to supp~?i~E~'eased wages for staff, then the City should not pursue the
p~sal by going in ...... ...... t~ red. She felt that growth is an important issue for Ukiah and we
~!i:to ................ prepare for..::i~;.~b make sure there is an adequate water and sewer system. She felt
~iii~i.t. dren a..r..:~iiii~:;3rtant and their needs should be met.
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
S~iii!~iii~!~i:'Sed that, as Councilmembers, they are asked to serve on a variety of
· ================================ -
committees, and if she had a preference.
Ms. Levaditis advised that she is semi-retired and has time to devote to the City. She is
aware that Councilmembers serve on many committees and that she would be available
to serve.
May 12, 1999
Page 2 of 12
Council inquired about several growth issues, such as her views about annexation, areas
to be developed, raising the level of the dam at Lake Mendocino, and her views should the
City be asked to participate in funding of that project in the future.
Ms. Levaditis felt the City should annex south of town, particularly in the area where a
new school is proposed to be built. The City should also annex toward the river area and
make it accessible to the public and utilize the area for a park. The north side of the City
is very limited, but we should include the area near the freeway. She felt there are a lot
of tax dollars and revenue that the City could obtain by annexing more area.:.:~ith regards
to the level of the dam, she felt it should remain as it is no~?:~:::unl.e..:~.~.~f, he City has
ownership in it and sees an advantage to enlarging its capacity...~..d..[~"'~'ussed a recent
crack in the dam and felt the thought of a larger dam ~es he~iiiiiiiii!~iiiiiiiiiiiii::~ .....
Council noted that if the Eel River diversion is?:ii~:~luced a~!::?:~!iiiii~~:.{.y of ..~
Mendocino is not increased, it has the potential to ~erely i~:~Ct our
water. She was questioned as to how she would ju~iii~..t.:::~:ising the da~!~ii~'exing
and encouraging growth. "~!iiiiii?iiiiiiiiiiiiiiiiiiii!iiii~ili?:~ .... ':'::'::::::::: ......
Ms. Levaditis felt the City has to grow, and she is..'.i!~a~ii~i?iii~::~:::.d..am would need to be
raised should the necessity arise. As a long ter .m..::?..s..ident (~::i:~ii~iiiii~..h.e would like to see
Ukiah remain as it is now, however, she felt..t~iii~i~i~i.!l even~ii~ii~come involved with
engineers for the dam and growth is ine.v:~i~i~?~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii?~iiii?:~ ...... i;i!
She did not have a closing statemen~i?" ..?:::ii? ...... ~::':'ii~ii!iiiiiiiiiiiii?iiiiiiiiiiiiiii!iiiiii!i?
...,.-.... ·
ROY SMITH was the next candi::~: to be~::ii~{erviewe.'".~"by the Council.
It was noted by a Coun~tm~:ber tha...".(iiii~::~i~iii~'st a Councilmember with very good
people ski!~!~.nd inqui~iiii!i[i~is experi~i~~:id allow him to fill the vacancy and how
Mr. Smith at he'"::~ii~ii!i~-.great deal of administrative experience and has
supervised s~iiii~ii!i~i..[i.p....le si:{!~iii~'ions. He currently has 52 employees, and while
working in..:~?:~ii~ili~ii~...a..d 1,~:~¢:~mployees- His experience has covered many of the
activitie~ii~:~at Coun~ii~~rs become involved with, such as the development and
mon[~i:ng of budget~i~iiii~i~ii:i his experience has been varied and broad enough to be
ve~ii~helpful to Councif~ilii~ '?
..::.--.-.-i:!:i::' ..... :':':':'"'
..........
~i~s questioned::~?:io his views of the future of the westside hills within the next five to
{i~iiii~:~.~.s.., anne.x....at.~"and the areas of potential growth, and what concerns are facing the
Mr. smith felt the westside hills should remain as they are now. He noted that a concern
of those who live on the westside of Ukiah is with fire and it was his hope that a plan could
be developed with regard to fire protection and safety. He did not want to see the westside
hills developed into residential areas beyond what currently exist. There are other options
available and we need to preserve some of our open space for the future. With regard to
May 12, 1999
Page 3 of 12
annexation, he advised that he hadn't given it a great deal of thought. However, he felt the
City should look at an aggressive annexation plan and consider the sphere of influence
that the City now has in terms of portions of the valley. He considered the area north of
the Mendocino College as a potential area to be studied for annexation, as well as some
of the areas in the southern portion of the valley. We need to look at an aggressive policy
in terms of annexation in order to have a broad base for the City to exercise its influence.
He advised that, since being involved in the business community through his involvement
with the Chamber of Commerce and the Private Industry Council, he has ~....ard many of
the issues that businesses have been concerned about when..~alin:..g..iii~ith business
development, retention, and the various processes that they mu..s..:.~iii~.!~i~h in the City to
obtain permits. They would like to see the City offer:~ii~..e, ry u~i~i".d..J.y process. The
Palace Hotel is another concern that he has and fel~i~:::~ity sh~iii~La...n aggressi~:'
stance on its development. The electric rates?:i~'ve
questioned if there are alternatives available iii~at hav6~':¥,
development of the downtown transportation cente~iii~ili::i~[&~sted him a~!i~i~:i'd like
to be involved with that project. He also expressed"~~::~with issues in tl~:~':':~)owntown
Master Plan and would like to see the overall Maste~iii~i~!ii~rved with regard to future
development in the City. .:~::iiiiiii? ...... :~:':'iiiiiii?iiiiii?iiiiiiiiiiiiiiiii!iiiii?iiiiiiii~i?~i?:~ .....
An inquiry was made concerning commen.t~?~iiii~ii~:.,the pulS~i~iiiii~rding barriers with
::i:i:i:i::"
Mr. Smith spoke to the issue of appl i :g for a and discussed a incident
.... ::i:!':" ":":" :::::::::::::::::::::::::::::::::::
reported by a local business at a p:r:e~i:0us Cit.~i~Counciliiii~:~'~ting. There is a need to have
· ':':':':':':':':':':' ..::!:i:i .... !:i:i:i::'
staff adopt an attitude whereby t..:~i!~n m~ an atte.....~)t to assist a business. By having
a user friendly approach, the.~i~ 'y can b~l~ them..e.~tablish their business or retain their
existing business, rather....~a~i?~'evelop~iiii~~~sarial relationship. He discussed an
experien~ii~::.had with :..a...i~~eling jo61!~ii~:hg with a building inspector, noting that
he had:~i~ii~i~:...~::.the i~~i!i~..e Cod~~:'':::''~:~' that applied to his project. The inspector
should ~iii~i~.'.ed
He was queri~i!~{~i!?~.rd to ~'"'i~iii!~nd coordinating with the County. Additionally, he
was questia~::~~i~i~i~!~i:..e.w of"~inesses relocating from the County into the City, the
benefit.s...::::i{~::'~ busine~:.iii~ii~:.sharing issues.
.........,..
Mr.,.;::ii~ith advised thatii!~i ~ber of issues seem to overlap with the County and City. An
e~ple would be th..e:..~!~rbage issues as there are different vendors serving inside the City
~i~!~utside the C......i~?limits. Perhaps cooperating with the County in looking at those
~~cts and ~~rns which could reduce the cost for both sides. He discussed the
~......~iii~ii~ii~fiiy feeling that the City is stealing businesses from the County. He felt
t~?j~ili~~ment, both City and County, have to look at the issues and where we can
-. ============================= ..-.-.
cooperate that will be to the best interest of the businesses and residents of the area we
serve. We need to have an open dialog at all times. He felt the concern we would want
to bear in mind with regard to tax sharing, is that everyone comes out in an equal manner.
He was questioned regarding his view of an increase to our preference for the mixed use
May 12, 1999
Page 4 of 12
zone, whereby multi-family housing would be located above retail stores, and if there
should be a height limitation.
Mr. Smith felt the possibility should be considered, however he would have concerns with
a third level.
He was queried regarding his views on raising the level of the dam at Lake Mendocino
thereby increasing its capacity.
..~:~iii:..-...
..::!:~:!.-'::!::.
Mr. Smith felt water is an important issue and he is concemed abo~i::~hat..:~ilE"happen with
the water from the Eel River. If it would increase the am.ount of ~~ii~iiO'kiah by raising
the level of the dam, then strong consideration should ~i!~ade.'f~i~';':"~!i~...oject. He would
need to have additional information and study the ~~i"'
As Councilmembers, they are asked to serve on.ii~iiiiiyariety..:..i:~i¢~:'commi~iiii~iii~i~as
questioned as to his interests. :iiiiiiiii!iliiiiiii!iii!i!iiiii~i.:.:-~ii!?: "~::'~i~iiiiiiiiiii!ii!iii!~i? ....
Mr. Smith advised that he has had exposure to..:~~iiii~:, a strong interest in the
development of the transportation center. He woul~ii~'ee~::::i~iii~ii!".a...t..all options and at the
present time he has no strong demands as to wba[. commi{~i!~?;~ld select.
Should there appear to be a new sou~iiii~iii~~:,.:..avail~i~"i?to--"='~:':~:':~:~'?:"'"'::':"':" "::::"::::'::~:'":: :" the City, such as
$500,000, he was queried as to his ~:~st p.r..:~i!ii~ii~!::i~ with the new source of
revenue. He was also questioned:~ to hi.s....!iii~ini'~ii~ii~?rnost important attribute a
Councilmember should possess.:::~i~:::iiiiiiiiiii? ..?:!iiii?'
Mr. Smith advised that he w~!~::'iook a.ti~i~e Gen...e..~i Plan to see where the City stands,
and look at the pending pr..~9~ii¢in the ~i~ii~~i:?Department. With regard to attributes
of a Coun~imember, ,,~ii!~!~iiii[hat theiiii~ii~ii!~:~::'listen and have an open mind is very
importa~ii!ii!~?i~:~..s......on ai'~ii!!i~~iiii~:..be wii'ii~"compromise on occasion, when necessary.
They sh'~iiii~:~i::~ake t~6iii!~~::.that Councilmembers are here to set policy for that
which will of Ukiah. They have to look at all sides of an
issue, evaluai~iiiii~i!!~'.'e..13 ma~!ii~iii~ision.
He adv..~:':ihat, shc~'~i~~i~:.appoint him to fill the vacancy, he would not be available
to att '~1 the next Cit~ii~~i:i meeting on May 19, 1999, as he has a prior commitment
t.:.;.:.:.:.:..
in .S.':~ramento next VV~r~'"'~'Sday.
~:. ~ssed: 6:12
~~..v..:.e n ed :....6..:~i~P. m.
~ii!~~ii~"was the third applicant to be questioned.
He addressed the Council, stating that he is well known among the Councilmembers as
a Planning Commissioner and attends all City Council meetings. During the most recent
election, he was the next runner up in the election for City Council. He stated that "If he
didn't think he was the best person for the seat, he wouldn't be here tonight."
May 12, 1999
Page 5 of 12
Council began their inquiries by asking if he had anything to add to his application or
candidates statement, which is a copy of what he submitted for the November 1998
election. He was also questioned about his views concerning development of the westside
hills in the next 15 years.
Mr. Larson felt that all the material he submitted, including his Planning Commission
application, are applicable now. In response to the inquiry concerning the status of the
westside hills, he advised that we are mandated by the General Plan to redo the City's
hillside zoning requirements and stream preservation studies. From .the Planning
Commission's review of the area, and its potential for develoPm~t, he~i~i~:"the density
restrictions are very minimal and the City's Ordinance.~ are nq.t..'iii~i!i~..t..~iiii~'te. There are
environmental concerns regarding minimal develop~...t.:.: and--~i~!~!iiii~i~::;!s aware of the
.~i:.::i:i:.::i:i:i:!::':'
situation, with the City proceeding accordingly.
............,
Council continued to present Mr. Larson with questi~,.
Among these queries, he was asked about hi{!ilili~t~'nt that" ~::~?::~::':'::~:~:~:'";':~:::~:'"':'"~::
..... . ................................... -...:. Acros:-~i::~ii~e.-' board,
government cuts are political cop outs", was q~!~::..regarding his strategy for
resolving shod term budget problems and a budge..t..:~ii~~!!.iii.i.i.~.i.i.~
Mr. Larson noted that by a "short term" he refer.~:~:~..:t.:~., reduc{~ii!i!i~ii~or staff hours, and
perhaps eliminating some programs. With ..... ~ii~iiiiiiii!~g terrn'~?:ili~~ts, he would reduce
the allocations for long term maintenan~iii~~!~i~i.~f the~:~i¥~'ty system, or perhaps
street repairs that may have long term ..............................
~seque~ii~iiiW~!~ t be evident to the public
.-.-.,.-.. :.:.:.:.:. -,;.:.:.:.:.:.:.:.:.:.:.:.:..-.:.:.:.;.:.:.:.:.;.:.:.:.:.;.
within the next six months. .~?? ....................... ..... ..:~!?'
.......... ..;i;i;i;i':' :':':':':':':':':':':':':':';"
.......................
· '.~'.'.', ...... ':';':':';' · ..-.....
......,.....- ..........
...................
.-,-..........,..... .....-.... ..........
............... ..........
...............
.....-,..-.-.......... .......-.. .......,.,
.................. ...?..
..................
An inquiry was made concerningii~!~iii~nsw~ii~b questi~i?'l 3c: "A retailer, promising 25 jobs
and substantial sales tax reven~§'; want.s'-!ii~ open .aiii~ore in Ukiah. How would you want
the city to a.d..dress this op~...rtd~!{y?" .............. He.::iii~i~~ii~:how he would want to be involved as
a Counci.!~.ber, wh...a...~i!~!i~.f mech~i~iii~id he employ to bring about jobs to the
local un~i~nt ~iiii~ii~0uld i~::::::~':"City's role in promoting business, and if he
would b~::~~i~~ of a"~~ii~at did not reside in the community.
"::i:i:!:i:!:i::.:i:!:i:!:!:!:!:!:!:i:!:!:!:!::.:!::-. .........................
Mr. Larson a.d:~iii~.:.as a '~~iimember the approach he would take if a business
person a a!iii i ii ut b~i~ing their business to Ukiah would begin by taking a
.,..........'.' ===============================================
perso~lii::~involveme~t..'iiii!~iiii~ii~tter and sheparding a proposal through the process. A
Cou~member could=i~ii~a~e an active role in speaking to businesses in the City. He
wo.:~!~:'want to know ho~i!tl'i'~:'jobs would be filled, noting that if some of the jobs came from
a.:~i~er local busine.:~i~,~' then net ga,n in jobs would be reduced.
............. ..::!:i:i:i::"
:::::::::::::::::::::::::
............. . .....
-:-:-:-:-:-:.;-:-:-:-:.:-:.:. .+:.:.:.:.:.
.............................. ..~..........
· :-:.:.:.:.:.:.:.:.:.:.:.:.:.:.; ..:.:.:.:.:.:.,
~iiii~gard t..0..:;~:~?City's role in promoting business, he advised that he is not "big" on
~~~i!~i~:;"involved in economic development and felt government's responsibility
is::[Gi~~'~good environment, such as a nice place to live and do business. The City
takes care of the streets and the beautification of the public spaces, and maintains the
cultural amenities that will draw and keep business people to the community. Businesses
will bring jobs to the community and if they don't like living in Ukiah, and their only interest
is to conduct business here, then they would not necessarily have the faith to keep their
business in Ukiah for a long period of time. He advised that he is not against economic
May 12, 1999
Page 6 of 12
development or the City's participation in promoting business, but would like the City's role
defined.
Mr. Larson advised that if he had to choose between a person who wanted to move here
and be part of the community, or someone who is only looking to make a profit in the
community, he would choose the person who wanted to be part of the community. He
wanted it known that he did not want to close the door on outside business, but rather to
attract businesses that are part of the community.
::!!i::..
..:-:-:cc-:.'
.-::!:!:i:i:i':"
Inquiry was made concerning his views on sales tax with regard t~i!~!he .P.::~!i~Y of the City.
He was also queried as to his views on the possible situation of thd.'iilG~.,~;'d County being
pitted against each other for sales tax revenues.
::~ili~i~iii~iii~:::::" ================================================
Mr. Larson felt the City's revenue generated by sale~ii~ is
concern with running a City on sales tax since it :~. rise..,~ii::f'all with [l~;~iii~:...~?:'' He
resented being held hostage to that economy, w~i~?~i~iiii~ave little cont~iiii~f' in the
outside world, especially when our streets need"~i~'"'.~i~ii[i!~:d we need to '~':i~e Police
Officers on the street. What sales tax we can gener:~{~:i:!i~i::~~med into the City coffers
..::::i:i':':" '::i::':i:::i:i:i:i:i:!:i:i:i:i:i:i:i:i:i:i:i:i:i::..
and we shouldn't turn down businesses. Howev~'wh~i?~?~i~?:~.b..usiness comes to the
City, we need to look at what it will cost the City in.infrastru~i!~i~use those expenses
will increase with the increased activity they.....:~~t:e,
============================= :::::::::;:; :::::::::::::.. -.:,:.:.:.:-:.:.:,:.:.r
....~..-...-.-.....-...v...........w..,,.. .,:-:-;- '.'
.,:.:.:.:.:.:.:.
With regard to the City and County co~'{ing fo.~i~i~i!i~:r:.e~::~ue, he noted that this is
common practice in Southern Californi~:i In th~i!~'nd, th."~.ii~te long term debt problems
by giving incentives for attracting bu~i!~esses::!:~6 the cit".i~:§::i::':'Revenue sharing agreements
======================= .-::::::i:? -::i::? '
with the City and County, whiC~ii~press::i!iihe true c-"~:sts of doing business, should be
::.::i:i:i:!:!:i:i:i: ::i:::::' ":':':':':' .....
pursued. The longer we drag~?~i~r feet .~til the ag.'::~ements are in place, the sales tax
.:.:.:.:.:.:.: ===================== . .-::i;i::,.-:-:"
conflicts will continue ..... ?:~:. ~i~::~?? :~i~ii~ii~ii~[~ii~i[~ii::::~:~:~:~:~?:::?:ii!iii??
He was:~i~ii~:..s, tion~i?i~~jng hi~:"~~'"'on water issues related to the diversion of
the Eel ~i~i!~ii~!~ossil~'i~iii~i~{~?~i.'sing the dam at Lake Mendocino to create more water
capacity, th~:::'i~ii~:...:.~!~?~?~uld cause significant growth inducement to the
community. ~iiii~i?~..n. cern'i~i?ii~i~?~liversion of the Eel River which in dry years could
produce..:~i~ii~!~iiii~:t..:?:.of~ -'v~r was noted, and an inquiry into his opinion on the
:::::::::::::::::::::::::::::::::::::::::::::::::..
..... ====================================================
..::~i[i[i?' ===============================================
..:.:.:.:.:.:
Mr...~iiii~rson was of th~!iiiibl~ion that the City would not have a need to secure additional
~? rights unless th~ was an aggressive annexation program. The City has a vested
i~st to keep the::~ted water rights and he is of the opinion that the City has enough
~iii~:..provid...e...:~i::::~'he community. He felt that if you aren't diverting water from the Eel
~!~iiiii~ii~~ii~ili~ore of an important issue to impound it in Lake Uendocino and increase
i~!i!i~~i!~:iiiii?~e felt the issue is very complex and needs further research. There are
many'~'~{ities and organizations that have an interest, and noted that environmental issues
concerning the project can be traced back nearly 100 years. The environmental studies
would need to address the issue of water not being available at all times, and the issue of
water reintroduced to the watershed and the ecosystem. He felt it is a very complicated
matter. The City's interest is in maintaining its water rights, and as public officials, we
May 12, 1999
Page 7 of 12
have an obligation to provide water to the community.
There was a notation of a previous statement by Mr. Larson regarding dependence on
sales tax as the main revenue source for the general fund. Inquiry was made as to how
the City could supply its General Fund.
Mr. Larson was of the opinion that increasing taxpayer's rates has been taken out of our
hands since the introduction of Proposition 13. He noted that we used to depend on
property taxes to run the City, but when that was taken away from cities and..=:~:~=~=~:~;:..~nties, they
were given a portion of the sales tax revenues. Because of its (S.:~l. es t~::i~hature, it has
made municipal budgets unstable. Tax revision needs to occur ~?~:e.~'te level and he
.- :::::::::::::::::::::::::::::::::::::::::::::
is not suggesting we increase local taxes unless there k~!~.o, methi~:i~?:~e public wants,
and they vote to pay for it.
........ ..::::;::=::::.. ==================================================== ..::::::::-'
· , · , · :::;~:::::!::: · .':".':::;~:::'? "~:':':'"':::'":'!:i::':':': .T' :':?=':'-.=.=',:i':':'":':'~.:+'
An ~nqu~ry was made concerning Mr. Larson s Int~t ~n s.e....:~ng on so~?:::~::~::i!y.'.a..'nous
committees that Councilmembers are assigned. I~!ii~:~:.a'."i~0 questione(J:~!~{~ most
important attribute a City Councilmember should
..::i:i:i:i:: .... :::::::::::::::::::::::::::::::::::::::::::::::::::
Mr. Larson advised that he has attended man~?~om'~!~ili:iii~.?.tings and noted his
particular interest in MCOG and the transportatio...n..::..n.e..eds of t~i~i~i~i:'..ar..ea. He would also
be willing to sit on NCPA. It was his opini.o.:.~i!~iii~.mitme~iii~iii~ important to being
a Councilmember ..... ~i::i!i??:=:=:::i::~i::i::iiiiiiliiiiiiiiiiiiiiiiiiiiii iiii?~iiiii!~:~
i!:' ..?? ..............
City Manager Horsley prefa~i!!~'e inte~i~ by re.:~ing that Jennifer Puser came to her
today with? question a.s..i=:::~:.td~:?~ii~'ny pos~i~i~i??:~dfi~t of interest due to her position as
represent..a..~::.for Senat~ii~ii:Chesb~iiiiiiiiii~?~i~:;3rsley contacted City Attorney Rapport,
who wa~!iii!ii~iiiii~[, tow~!iiiiiiiii!i!ii~iiiii~.a...pport '~a~:?~0ntacted County Counsel since they had
conduCt'~!i!iii~~~ cor~~~!iiiii~r.:..jsty Kelly's potential conflict of interest. The City
Attorney fei~::::ii~iiiiii~{iiii~!s ti~iiiiii~ili~Dld not give the Council a definitive answer as to
whether there..i~i!~~t, or n&~i~iiiiii~nty Counsel felt there might be a conflict, however
should Ms~i!!ii~ii~::~i~i~iiii~i.n. ted'::{~ight, and sworn in as the new Councilmember, Mr.
Rappq~iii~uld then"=~i.:~~ii..t:he issue. If there is a determination that a conflict exists,
then.::~"seat would be~!~i~{~d, and Council would need to determine within the next 30
da~i!ihow to proceed ~ith'::t~illing the vacancy. Until the City Attorney is able to research
th~:~i~atter, he would :~t make a determination at this time.
.....-...-.=.-...-....=-.-... ..::::::::::::.-
.......
~i[..e.r Puse.r...=.~i~vised that she has been in communication with the Senate Ethics
~~i~iiii~i~ir attorneys felt there would be no problem with her serving on the City
C'~ii.~i~i~i~'everal legislative staffers are serving on City Councils throughout the state.
Ms. Puser informed Council that she completed her application very hastily, but that her
major issues as an applicant concern a strong economic base for the City and growth
issues. She has had experience on the Planning Commission and is well versed in
planning issues. With the increased development of Cloverdale and improvements to
May 12, 1999
Page 8 of 12
Highway 101, the City will be faced with growth issues within the next five years. She felt
we have a high quality of life, a beautiful scenic area, and will attract more people to the
community. She discussed the General Plan and the progress for developing the land use
codes.
She was queried as to her views regarding the City's relationship with non-profit agencies
and the level of funding appropriate to be budgeted each year, with regard to the priorities
that the City would make. She was also questioned concerning her opinion of the City's
present strengths and weaknesses and if she would handle things differe..n........~:...~:
· ::' ..::~i.{:¢i:.:.:. ......
Ms. Puser was of the opinion that if there was money in the ,~ge[~ii~e City should
continue funding non-profit agencies as in past yea~::::~:: Ho~~iiiii~?:~...n...o money were
available, we would not be able to support them. H~!~:i~i'oritiesi~i~iii~::~to the libra~?'
.::i:!:i:i:!:!':" ..:.:.:.:.:.:.- ----.-.--..------.--.-.t.:.:.:-:.:...:.......:.. .......
parks, the Ford Street Project, drug and alcohol ~mgrams, do.'mest:.m~::::~.l~e,c ,
health issues, and training programs. There are soii~any issd~'"~ and
depends if the City has money available. ~i?~iiiiii~iii!ii!i!::?;~:~: .......... ¢!::!::~ ........
::::::::::::::::::::::::::::::::::::::::::::::::::
She reported that she has interacted with the City'si~i~i~?:::staff and felt the Planning
..::::i:i:i:-" ==========================================:::::::..
Department is very strong. Although she has.:.:.:-ii~bt h'~?~i~ii~:::::.i~i.nteraction with other
departments, she felt perhaps a weakness would..?...b...~ii::W, ith the':"~ii~iii~.bich is now in debt.
She felt another strength of the City is that ~:.~!ili~iK..m. any p~!~ii!i~:{'he community who
volunteer their time, not only on City c.o..~i~i~ii~..com~i~:es, but in other ways
throughout the community ..... ~iii? .... .:¢ii!iii::ii!~iii~iii?iiiiiiiiiiiii{iiii?iiiiiiiii~¢ii::~:~:~:~¢:;i¢
Upon an inquiry as to her suggest-.i~ for th~i?~i~tilities2iiii~'"':"~dvised that she did not have
..::~:~:~:i:i:i:!:!:P
any answers. However, she ha~{i~t so .m::.~ii~'ime res:~'rching the matter about two years
ago and presented options to.~?City fr.0."~? her research.
..:'ii.:~!ii~.:!i? .:iiii!ii!!i!iei:: ======================= .....
============================= .........
.... ¢:::i::k ii::i::?:i::? :iiiiiiiii!ii~ie~i~iiiiiii:i:i:i:i~i~i{::::ii::::i::i~::::ii ....
She was ..q.. :~d as to h....~i!i~st in gf~iii~*~'s and the development of the business
commua~iiiii~i~g the~*::i~ii~{i~':~.:c..~uragi':~!::i!~:~ businesses to the community, a question
was pre'~*~:...~!ii~},i~..O, the"~{~i!!i~ii~B..c..entives she would offer a business to mitigate some
of the costs": !ii ?,ii . Uki~:~i!iiiiii~~$o.ally, inquiry was made to her interest in the types
of business sl~!i~i~ii**il::ike to ~i~**ii~ the community and the role she would play, as a
..... --!:i:::{:i:::::::?::?:!::-~:;://:iii?:i::i?!f:iii::i?;ii!i:;?!~. --.,---::::. ...... .
Councllm~~i?':'in::::i~~i~g.. the Duslness.
Ms. ;~er was of th~ili~~::"that Ukiah will have a demand for growth and there is a
ne~P~as a community, ii':'.~ i~'k at how we want to grow. She is not pro or anti growth, but
f~i(iii!ililis important to g~W in a positive way. We can be sprawl, or we could be compact.
~{ii~lkable, livable~i~mmunity are terms to describe potential growth. She would like
::::::::::::::::::::::::::::::: .-:-:.:.:.:- -
~4i~.i.~i~pal busi.~' to come to the area, however, she felt it important to focus on the
~~ii~i~~, be supportive of them, and assist them in expanding. She would not
~~iiii~:~ manufacturing plants or more retail businesses with Iow wages to come
to UI~i'A'~'. She felt we should focus on more businesses that give people a living wage.
She is definitely in favor of a more walkable, livable community. We have minimal land to
build within the City, and we will need to deal with such issues as annexing or if we want
urban growth boundaries. She felt that Council should take a leadership position in
initiating this discussion. She cautioned that, if we have a lot of growth and don't plan
May 12, 1999
Page 9 of 12
ahead, it could be detrimental to the community.
In response to an incentive program for businesses, she felt it would depend on the
situation. If it is a clean industry, the City should try to work with them and make it easier
for them to relocate. She did not want to go overboard on a business, but there should be
a need to be supportive and investigate options.
It was her opinion that we should focus on tourism and light industry. She would prefer
businesses which deal with environmental technology, offer higher wages, an..~ii~businesses
other than retail. She felt the City Council, as a body, sh....~ld ~ii!ii!~orking with
organizations already in place, such as the Chamber of..:Comme.~iiii~Q~ilWest Company,
which are encouraging businesses to locate to Ukia~iiii!iiiiii!ii~.t wa.~iii:.~iii~i~ion that Council
should take a leadership role and provide a volunte .e.:.~iii~'"'::~munit~ii~i~. which wou..[~'
encourage existing businesses to expand or bring n~!~usiness...~i~'O'~~~unity.
would like to be part of the group and felt the City ~eds a ~'. .:~:~i~i~i~?~!~`.~iiiiiiii~!i~i!~?~..~!~ii~?.~iii~.....i~ii?.~!i~:~!i!~!?....:~i~i~
:i:i:i:i:i:i:!:i:i::.. ...;~::i:i::"
Inquiry was made concerning her views on sales ta~ii~i!~i?i~::..ard to the polic~"Sf the City.
She was also queried as to her views on the poss..:i~!~iii~i~!!~, of the City and County
being pitted against each other for sales tax reve~:i~s.
. ,.·..,:,:,:....,
...........
Ms. Puser felt it was a textbook example of w....-~iii~iii~:'...~:wn as t~iii~i'ization of land use.
She did not think it was productive, an~.::.~ii-"iii~i!ii~i~.iiig~d Co~i~ officials should meet
more often to discuss the matter. The sat~is ...... tax .r.....~~iiii~i~..:~:the cities in a position of
.:,:,:·:,:,-
.......................................
fighting over sales tax revenues. Sh.~:i..~iscuss..:~""reW~!i!~i;ing whereby the cities and
counties share revenues. She felt.::~.t.:~i~Conflic.t..i::ii~:"negati~i::~:~:~ not good for the community.
,.:.:.:.:.:.:·:.:·:.:.:. ,.:.:.:-:.:- .:·;.:.:.,
....................... . :.:-:-:.:-' ...-.'::::::.-
,...,.,.,.·.,.,.,.,·.·,... ..,.....,.~
.::i!iiiiiii::iii::iiiii?'' ....-!i~!!ii~i'-:: .......... ...... .-.-.-..~ .....
She was questioned as to:~iii~i!~6'r vieW.?~i?~i~f the....:~Sst important attribute of a City
Councilmember. He views c~erning.:i~?~es~ hills was also questioned.
..:::.. ' ..... ::::i:::::~
;:iiiiiiiiiii:: . ...;i!i!i!iiiii!i~i~iiii::.. iiiiiiiii~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::
Ms. Pu.~iii~i~::~:a Co'~i~.ber sh(~'~i~i!i::~:~rk hard for the community and have the
............................ =====================================================
"::-~:::!~!~!~{~!!!!!~!!':!i!~:.'.-!~!i!iii!iii::!~!i~;:.. ;:.:.:.:.:.:.:.:.:.:.:.:.:.:.:·:.:.:+:.:.:.:.:...
commun~:.S..?:i~.{?:i~terest ~::i~::i~...o..~..ty... above themselves. They should be working for the
people and ~{~ii~!~f the ~~~?:~::..With regard to the westside hills, she advised that
"::i::~..-::i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i::.. ::i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i.!..:i:i:i:!:!'" '
she has not g..i~i~?~!~:.tter rfi~iii::~:bught.
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .......................... .... "%~:-'
- ===================================================
Counc!:!~::ii~'uired as to:~i~~:.concern~ g diversion of the Eel River and the possibly of
raisi.~?~he level of th~iiii~i!~[' Lake Mendocino with regard to it being a growth inducing
m .e:.......:~ re. .............. ~iiiiiiiiiiii'
..............
..·....;,,....,..
· ....·.·z,.,...,. ......,.,.,
.·.,·-·,.-.,.,.,.,, ..:,~:::::::
· -'·'-'·'-'-'-'-'-', ..::::::::::.
..........
:.:.:-:.:-:-:,...;,..
~i~i~ii.'...Puser felt t.h.....:~ii!iii~ity should definitely be educated and involved in that process
~~Qing ........................ th~:~..~!~l of Lake Mendocino. There is another option that Mr. Steiner, the
l~i~..:.':..~i~iii~!~:'~Potter Valley, has proposed. She has not had an opportunity to review
t~i~ii~i~!ilili~:~t felt the City should be involved in the entire process and be as well
===============================....
educated as possible concerning the effects. Having more water would not necessarily
create more growth, since growth is inevitable. From her sources she has learned that the
federal government will not be funding a study to raise the level of the dam.
She was advised that, as Councilmembers, they are asked to serve on a variety of
May 12, 1999
Page 10 of 12
committees, and if she had a preference. She was asked to elaborate on her position with
her employer while attending meetings.
Ms. Puser expressed interest in MCOG, MTA, and the Inland Water and Power
Commission. Some of her background in terms of education and experience focuses on
air quality, transportation, water, and solid waste issues. She is also interested in serving
on the Parks Commission and the Main Street Program. She noted that as part of her job,
she attends many of these meetings already. With regard to her employment with Senator
Chesboro, she advised that when she attends these meetings for her em~!pyer, she is
there to report on what has happened at the meeting. She gathers..~informafi~'n and sends
it to Sacramento so that Senator Chesboro will be aware .....o...f the is...s...~ii?:~;;i.t...;~i~;he were on the
Council, there would be a need to be clear on who .~i;ii;ii::.s rep~':.~.'.[.~:..~:at the meeting.
Currently, she is not required to attend these me:~.i."~:~'s, but ~i.iii~i~.i.i.~.....a means.;:.~f
gathering information for the Senator. As a Councii~!~mber, sh'.:~i~i~!i!~~ on b~'lf
of the Council.
..:.:.:.:.:-:.:.:.:..-.:..-.:.:.:.:....:.:.:.:..
City Manager Horsley advised that Mr. Chesboro '=§~~i==~.....h..er application'~'~ Council.
..;.:.;.:.:.;.:.:....;.:.:.:.:.:.:...:.;.:.:.;.:.:.:-;.,
..:.:.:....:.. ..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:..
..:.:.:.:.:.- ,.:.:.:.:.:.:.:,:.:.:.:.:.;.;.:.:.:.:.:.:.:.:.:.:..
Ms. Puser further advised that Mr. Chesboro is ve.:'~ su~iE~ili~f., her candidacy for the
":"
City Council. Her job with him is to give him [ac.ts and inf~fi~;=.and he makes the
· =================================== :'.: '-!:i::::::: :!:!:i:; :::::::::::::::::::::
decisions. It is their understanding that they....;~ii~..a job tS~:=~iii~;d if they don't agree
on something, it is not a problem. She re!;9~t~i~ii~i!~[...n., ey R~Srt that if the City were
tagainst something, Mr. Chesboro wouldli~ant
..... ...............................,......
...,...... .:::::::::.
.....-..,.. ==============================
Upon further inquiry regarding h;~?~i~ploy~t statu~i?§~'~ advised that she is an at-will
employee of the legislature and...;~=!i.i..~[ii~bt .......... con....~i~ered a:~blic employee, noting that she did
not go through the civil servi~!ii~bcess,~.!~.".en sh.~?=ii~s hired.
.......-.,...-
~:.. .:.:..~:.:..~.
......~.. .... ...:.:.:.:.:. =================================================================
..;::.. ..:::::::::::::.. :::.':::;;:: =============================================================
..... ....................-......., ..............,...................................,..~...
City Man.a..~Horsley..~~;that, alt~~ii~'rough research has not been completed
at this,~i~iiii?~ii~iii~i.-was [~iiii~i~i~. of th&=;~;i~) Attorney that Ms. Puser is probably not
=========================================================
================================================== :::::::::::::::::::::::::::::::::::::::::::::::::::::
Council discus~!i~ii~.ersio~:'"'==~ii[~==?'~el River and the potential to pit Ukiah against the
northem ~i~"~i=~i!;;!~sboro ~'~i~'istnct in Humboldt County. An inquiry as to how she
.-.:i:i:!:i::" .... :::::::::::::::::::::::::::::::::::::::::::::::::::
would ..=e~'~/ocate an~;~ii~iiiii~ich hurt a
;iiiilililiiiii~iliiiiiiiliiii~iii[i!i!iii[i"': .... may portion of Mr. Chesboro's district was
pres..=~d.
-.'-:-:-:c.:-.'
.......
.......
. ....
...~,.~....~.
....,........... ..........
................ .....
.......... .......~
~!!i~user advised th.~i;-"she........, would have separate responsibilities in each position, whether
~....-....o.
~,?~i~,~.a Councilm .e...~i~r or working for Mr. Chesboro. She did not see a problem with her
a i',iiiM ,. Ches.b..~?having different opinions on an issue, since she provides him with
~~ii~ili~!~ation and he makes his own decision. She noted that her job is to be
t~ii~i~?;~;~rs for Mendocino and Lake County and she provides him with information
and cannot give him her personal views. She needs to tell him both sides of an issue.
In conclusion, she advised that one of the reasons why she would like to be involved with
the Council is because it will be for a shorter period of time, and it would not involve an
election. It is an opportunity for her to test the waters without having to run in an election.
May 12, 1999
Page 11 of 12
Foremost, she cares about the community, having been born and raised here, and would
like to be part of shaping Ukiah for the future.
7:05 p.m. - Recessed
7:15 p.m. - Reconvened.
3,~
Mayor Mastin discussed the nomination process to fill the vacancy on the ~ncil, which
will require a minimum of three votes. Should Council not be able...~ ma~ii!~;"decision on
the matter before midnight, the City will be forced to go t?'::'a Specj..~~i~n in November
at an estimated cost of $15,000. Should other ent[..~':~i~be i~ii~., the November
election, the cost could be reduced to approximat~i~!?~7,500 i~ii~mme ........
nomination roc - . :~i~i~::-" ..:.::~i~i~i~i~...~::~:::~.--..-'~.:.:.:.:.~:.:.!.:...!! .......... nded t~'
_ p ess be conducted in descend~ngii~rder ac~ing'::~~~..r..:i.ty oni~i~'~e
Council, each with one nomination. .ii~iiiiiiiiii ...... ~?:"' '~'".~:~i~!~iii!ii~ili~i~!ii~? ....
Discussion followed among the Council concernin'~~...s, ibility of needi~:~':"io go to a
Special Election and it was noted that Council s~ili~i~!~.f..eel badl if the ·
ag.r.eement tonight. It was noted that the nominatio~ii~:;"to'~i~i~ .... y.. _ r,e, is not
!,n November 2000. Notation was made that this ne,~;,-,~,;~'":~:ff~~i~:[:~y' ,w.n. ~cn wil, e.xpire
[ne ~Special Election since the Council is..::.:f..~;:~""'"':':~?s.'t;;~'~iiils":iii~i~ ~-'~t~OaUr~°nsidered
electin a cand' ..:,::~:~--'..'~:~::~ .......................... - ~jorit vote
.a.or .as,,n ,o c,,. c, vaca.c.,
or laCK o1' a second .... :..-~:~..-..-"~i~ii? ..:~i? .~iiii? ..............
MIS BaldwinlMastin to appoi~'";ic La[~ to fill ;:~:~:~:~ .... Council vacancy, failed by the
............... J~"City
following r0..~.! call vote: .:~ES:: Coun~~~i~?Baldwin and Mayor Mastin. NOES:
C°uncil~.r Libby:,:~'-.".'~.i. ku. A~?~0ne. ABSENT: None.
M/S Lib:~~ii~..t? al~~~!i..::Smith to fill the City Council vacancy; carried by the
following roll'"'"~~ii~YES:"::~~~embers Libby, Ashiku, and Mayor Masbn N
Councilmem~~~i~ ....... '-:--~:~:~:~:i ~:?~i?~?- ' . ODS'
M/S ? <u/Libby Resolution No. 99-39 making appointment to fl
un~-"iYed Council te~?~:istv Kell,, ~,,, *~, ..... .' ....... .. '11 the
........ 'i ......... . ................... ., .~ ,-,~, ,,,,= a~,pu,~[rnen[ or Noy ~mith carried y he
folti ~,ng roll call vote: ~E'~: Councilmembers Libby, Baldwin, Ashiku, anc~ Mayor Mb~sttin.
N !~: None. ABST.'--~iN: None. ABSENT: None.
Oii.:,~~!i:~ administered the Oath of Office for City Council to Roy Smith.
5. ADJOURNMENT
__
There being no further business the meeting was adjourned at 7:30 p.m.
Marie Ulvila, City Clerk
May 12, 1999
Page 12 of 12
MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, May 19, 1999
The Ukiah City Council met at a Regular Meeting on May 19, 1999, the notice for which
had been legally noticed and posted, at 6:32 p.m. in the Civic Center Council Chambers,
300 Seminary Avenue, Ukiah, California. Roll was taken and the following
Councilmembers were present: Libby, Baldwin, Ashiku, and Mayor Mastin.
Councilmembers absent were: Smith. Staff present: Customer Serv!:~::~:-Supervisor
Archibald, Public Utilities Director Barnes, Community Services .D.i..rect.e...~ii~eKnoblough,
Finance Director Elton, Assistant City Manager Flad, City.:Manage..~i~..s..i~', Public Works
Director Kennedy, City Attorney Rapport, Planning D...:.i~or S~~ili~eputy Director of
Public Works Seanor, Senior Planner Stump, and C..:.i~ii~i'erk Ul .v..:~i!iiiii!iiiiiiii?i~i!::::~ ........ iii?
~:i~::?:iiii?' .:.~:?:iiiiiii!~ ......... ~i~iiii::iiiiiiiii?:::::iii!ii::::::::iiiii!ii::iiiii.:.: ....... :~?:~:::
Councilmember Ashiku led the Pledge of AllegianCe!ii?=~I::I??~' ":~':':::::i{iiii!i!~ii?~ ....
4a. APPROVAL OF M NUTES- eau ar
Councilmember Libby recommended of John Mayfield as
noted on page 5 concerning his stat~:ents t~::i~i!i~!i~i~ii~i~ is not competitive, they
should not do business here. She re~sted tb~{~:'a :d minutes be provided
to Councilmembers in the future,?:iiiii~iiii?"
MIS AshikulLibby to approve ~:?~ninut~iii~..the Meeting of May 5, 1999, with the
noted correction, carried.;:iii~y !~ follo~i~i~Eii~ii:' vote: AYES: Councilmembers Libby,
Ashiku, ~M~yor Ma~iiiiii~ES: No':'~iiiiii~~:I'AIN: None. ABSENT: Councilmember
Mayor Mas.ti~i~i~i~,,e
MIS?:i~ibby/Ashiku to ~:~e Items a-e of the Consent Calendar as follows:
a.?:::::ii~proved Report ~i?DiSbursements for the month of April 1999;
b..::i[iiii[i~warded acquisi:t:!~h of four door sedan for Public Works Department to Harper Ford
::~iiiiii!~untry in the?:~0unt of $15,863.40;
~iiiii[ii~~:e....d.~:~..b..j~[?.~"Adjustable Frequency Drive Pump Controller to KaL and Associates
:~::i~:~ilili~i~iii~::~::Sf $21,864.61 plus tax; _
d."::::~i~'~l Report to City Council regarding the execution of Consultant Contracts of
less than $10,000 for the preparation of a Biological Reconnaissance and Traffic Study
for the Gobbi Street Riverside Park Project, and approved Budget Amendment;
e. Adopted Resolution No. 99-40 Removing the Two Hour Restricted Parking Zone and
Establishing a Loading Zone in Front of 105 South Main Street.
May 19, 1999
Page I of 16
The motion carded by the following roll call vote: AYES: Councilmembers Libby, Ashiku,
and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Smith
and Baldwin.
6:35 p.m. - Councilmember Baldwin arrived at the meeting.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward to address the Council.
..::i::-.
.;.:.:.:.:.:..
..:.:.:.:.:.:..
..::.::!:i:i:i::"
· ::' .....'!:!:!:i:i::"
AGENDA UPDATE .:ii'?=":i~ ........ ~?.':.-~¢ ....
Mayor Mastin advised that Item 11a, Receive for Com...ment Pr.o..~~ii~=~ndocino Solid
Waste Management Authority 1999-2000 Fiscal Ye..~iiiiBudge"'~iiiiiii~!iiii~'.e....m 11c, Council
Appointment of Vice-Mayor, have been continued t~i!~i~'?:"june ~.:~!~ii!i~cil meetin.~?
He also reported that it is not necessary to hold a ~i~sed
9. pETITIONS & COMMUNICATIONS
a. Discussion of Golf Professional Services ~~t~::.for Ukiah Municipal Golf
community Services Director DeKnoblough'"':-'i?:iAdvis~iiiiii~!~!~.O..D Monday, following
distribution of the City Council agenda packet..S.,~i.S..~...a.ff.: was c~~~ii~y Golf Professional
Jeff McUillen and his r,epresentative, Mr..:.:E~~!ii!!~Des, re~i::~g an opportunity to
further discuss the Pro s May 10 prop...e.~i?::~iiiii~ii~B!t of di~:Ussions, staff and Mr.
McMillen have agreed to present his r~i::~ed pr~~i:.?i~ili~e~!~mendation which would
propose and 17-month extension of.::.:fiii~ curre...~ii~::~ont~ii:.:iiii~:~gh October 31, 2000, with
an agreement for additional co.~ing se.'~ices to.:::i~e negotiated. The timeline and
.,iii!i:i:i:!~:iii!i:~!!::..i:::::i::: .':::::':"
October termination date of the.:~W:~propo~l is prefe~ble to both staff and Mr. McMillen
::i:i:!:!:::i:::i::" ..::!:i:!:::i:i:' ":"':':':
as it is difficult to transition G°l~i!~rvices,::i~ii~May'i! w...~i~h is the height of the spring season.
Mr. McMi. l:!~bistory .W....i~i~ii~jty of U~i~i!~i~i~roviding Professional Golf Services has
been v~ii~b.s, sful"~i~iii~ii~.e..,lieve~:::::~:~:~i:~'''in the public's best interest to continue this
relations'~i~.:.~iiiiii~iilp:...:..r..,opoS:~iiiii~~i~A~ excellent opportunity to continue with his success
while investi~~ii~ipoten{~!ii~i!~nsi°n of services which would further benefit the
Golf Course,.::..s...:i!~~~..e..nt. ~~i~:~re several specific terms and conditions yet to be
defined i .n?:~{~'"~'~:~i?~i~i~.an. d st'~f is recommending approval of a 30-day extension of
the c~r.-~!~'t contract '~ii~!i~ii~ect staff to negotiate the extended contract, including the
add.[t:.i~:'~al "Golf Cour~::::ii~:agement Consulting Services", as defined in the May 10
pr~i~al, for a period ~ii!~ 6':~nonths and return the agreements to Council for review within
S.
======================================= ....
:!:~:i:i:i:!:i:~:~:~:!:i:!:~:. ..::!:!:!:!:i::'
~i~iiiii~a:...n....ag..e....r::~i~::~i~;ley added that last Monday, Mr. McMillen presented to staff an
i~~i~iii~~~al and staff is recommending that they be allowed to continue working
w'i:{~iii~!~iiiii~illen as a consultant on the Golf Course. Another option would be as a
Greens Superintendent, however, staff felt it was a good opportunity to allow Mr. McMillen
to show the City what he can do. The proposal is for a 17-month contract with an option
for five years, and, depending on how the consultant contract worked out, it would be on
a year-to-year basis.
May 19, 1999
Page 2 of 16
Councilmember Libby inquired if the Golf Course Committee has made any
recommendations regarding the proposal (contract, etc.).
Mr. DeKnoblough reported that, since the contract is not completed, the Golf Course
Committee has not reviewed it. Some members of the Committee had questions about the
existing contract and possible revisions in the upcoming contract.
Emmett Jones, representing Mr. McMillen, thanked City staff for their cooperation and
timely response to their proposal. T, he May 10 proposal makes the major p...o..'.i.~ts they are
advocating concerning Mr. McMillen s relationship with the City as.:~e Go...!~i!~0 as well as
the additional task of consultant. It is their belief that the gplfing ~~Di~:i'ikes the status
quo and they would like to have Mr. McMillen continue ~i..ng th~iii~i~i::i~.f this area. H..e.
felt that certain functions of the Golf Course have g~::~natten~i.'~ii!~i!i~ast and th~'
consulting proposal wishes to address these issu~?:"They f..e...~ii~!~~...e th.e...:~'lf
Course better, even with those issues, and that .~.~ McMi.~i~:~ is in ~:~!i~i~?~:ion,
because of his 10 years at the Golf Course and hi~i~i?:~iii~, to be able ':~ii~~:'~:"these
services at a fraction of the cost of what a full time:~:~i~i~'e.e would cost th~"':~ity. They
believe they have reached an agreement in principal .~!i~i~ii~..a..~ and would like to allow
the public to review the proposal. He expressed.:~'ir ~~i~!~ of everyone's efforts
to protect the Ukiah Golf Course, which they thinkj~:i:...u, nique. "::i~iii~ii~i~!~eeling that they can
make the Golf Course even better, based o...~i~!ii~'p, psal sd~i~!~''
Jeff McMillen advised that he has b .e..~?:::~"hea~i!ii~i~b~Ji~al for the past 10 years.
In the past couple weeks, he has w(3~d witb!i~;ity "~iii~i~r. Jones to put together a
proposal that he feels will benefi.t:~::::t.~~' golfe.r.....S".'iii!i~ the c~':~:~ity and the Golf Course. He
advised he will work very hard .~d the.?:~nefit of.::.t-:.~i~ golfers and is looking forward to
continuing a long career with th~ii~:i'ty of U~h. He t~ked the public in attendance at the
meeting and others who b:a..ve"..ii~'upport~iii~i~a~ii:-the Ukiah Golf Course.
F aye H~!iiiiiii~ki. ah, ~~~igg the':::~'en's Golf Ladies, advised that there are
approxir~:~i~!i~...~i~?~adies i:~!~i!ii~i~..b...~::who are in favor of the City renewing Mr. acaillen's
contract be'~~iiiii~iii~ould P:~~i!ii~tinuity to the Golf Course. It would help with Mr.
McMillen bei..n...g.-i:i~i~i~~!~9.nt b~~~:~he is there all the time and is aware of wh.at n,e,eddS
to be don.e...~::iii~ii~:~:~i~!~?~:.a.:..uniq~ golfing community because the course is so isola~e ,
wherea~ii~:~,her golfir~:~iiii~~9.ities have other facilities available to them. People have
stro~ii::~eelings about'~!ii!~iii~:i'f Course and they would like to see Mr. McMillen be the
co....~:~.~ltant for the Go!:~!!~0:~:~se.
.;:::::::::;:::::::: .,::::::::::
~~..Ramsey, l~Jiiiiiii~aple Avenue, representing the Men's Golf Club, displayed a plaque
~iiii~..u..ded n.a..~i~and local companies that contributed time and money toward building
'~i!~ii?~ii~:"of the Golf Course. He advised that he is also a member of the Golf
C~~i~~i'itee and submitted a petition with over 300 signatures, which the Pro Shop
colle~'~i'i'that states they would like to keep the Golf Course as theirs, rather than it going
to the management of a leasing company. He discussed ramifications of leasing
companies on communities. He discussed the Junior Golf Club in Ukiah and the costs
involved compared to a leasing organization. He reported that in approximately 18 years
the back 9 holes will be paid off, at a cost of approximately $93,000 annually. They paid
May 19, 1999
Page 3 of 16
approximately $23,000 for the renovation of their Club House and it will be paid off soon.
They are continually upgrading the Course, have addressed a rate increase, and have
placed the Golf Course in the black as far as being a revenue producer. He discussed
other financial expenditures and revenue anticipated. Golf is not a sport for just the rich,
but is played by a variety of people from all walks of life. He felt the Golf Course is an
asset to the community and may have contributed to Ukiah becoming the number one
small town in America. He felt that Mr. McMillen and his staff have done a wonderful job,
have received support from the golfers, and are an asset to the City. He asked those in
attendance to stand if they support the Ukiah Golf Course, and with a capa~.y crowd on
hand, the majority of those present stood in support. ::~ .....
Elsie Nielson advised that she has been on the Golf.;:~rse ~~?.~e for three years
and has seen many changes. She discussed financi~!i?~blemsiii~i~ii~-t.,and how t~'
Golf Course has been a profit making enterprise f~i!~'e past
is looking at the effects of a rate increase, especi~:.as it ~:"affect ~i~i~~' on
fixed incomes, and hope to continue with improve~.t.:~ii!i:t.:~!ii~e Golf cour~iiiiii!iiiiiiiiiiii~?
Eric Peterson, Ukiah, advised that Mr. acMillen i.Sii!i~iii~~al friend. Mr. McMillen is
personally committed to the proposal and wants ~!~:e
Bruce $1asser, resident outside the City lim.~.t:-~!i!i!~!~ that ~~{ii~'gan playing golf in
Santa Barbara, and noted the socio-eco.~i~ii~~!i~S.:..not th~!!~me in Ukiah. He has
resided in Ukiah for 10 years and felt th~t-:ii!~yone.~ii~i~::::~t..e..i::i~i~y golf can, whether they
participate in the Mens Club compefi~i~0ns.:.:.~.:.:, or..:~i~her?~~i??~olfers are a very diverse
group of people and felt the Uki~i~olf Co..:~§'e is a ~:~:~e:.:.:.:.: jewel that needs community
::::::::::::::::::::::::: :':':':':"
..::~!::::::::::i-:
Council br.i.efly discuss:~ ~ propo~!~iii~..e..t.i~i!i~at the strong show of support for the
M/S Asi{:i i,n. to a~~ili~!~..day extension of the current contract and direct staff
to negotiat~'":"ii~ii!~..n..ded ~~~ii~cluding the additional "Golf Course Management
Consulting S.e...~i~iiiiiiiiii~'s..:::defin~iiii~':':..~ii~~e May 10 proposal, for a period of 16 months and
return sai~..d:..:?~~~ili~iii~..ounc~i~i::i~or review within 30 days; carried by the following roll
v O:..t~?'AYE S: Lib b y,
call ...... C(~i~bers Baldwin, Ashiku, and Mayor Mastin. NOES:
None~!!?~BSTAiN: No~!~iiiiii!~iENT: Councilmember Smith.
:.:.:.:.:.:
~:.:.:.:.:.:.:.' .........
..:.:.:.:.:.:.:.' .:.:.:.:.:
8~iiiii!i?ii~U S LIC HEARING:::(7:00 P,M.)
:~i~iiiii~?~i~:. Application:~..f".~:'~::Demolish a ,~tructure Over 50 Years Old Located at 295 and 289
~~i~ili~i~:~' Sawyer advised that the City has received an application to demolish
a'::~~ii~'mercial structure consisting of two storefronts at 295 and 289 North Main
Street. Commonly referred to as "Howard Cleaners," the subject structure is in a state of
disrepair and apparently possesses no historical preservation value. Since the structure
is over 50 years old, its demolition is subject to review and approval by the City Council
in the context of a public hearing, in keeping with the Council-adopted demolition
provisions of the Municipal Code. He reported that it is the intention of the Ukiah
May 19, 1999
Page 4 of 16
Redevelopment Agency to landscape the parking lot, which would include these parcels.
The Demolition Permit Review Committee reviewed the application at their meeting of May
11, and recommended approval of the permit based on the finding that the structure is not
historically or architecturally significant. Based on their review, Staff is recommending
approval of the permit.
7:03 p.m. - Public Hearing Opened.
Justine Toms, owner of New Dimension Radio, Ukiah, advised that he~i~i!~usiness is
located across the street from the building to be demolished. S~ is s~rtive of the
demolition of the structure and felt it is an eye sore and would.:~ii~~::'to repair. She
discussed the procedure for tearin, g the building d~i~und&~i~iiiiii~'.i.r:e Department's
supervision, and approved of the City s utilizing the F.'.[.~ii~:~'partm~i!i~i~:..~Uct a pract!~'
procedure. She expressed concern with the effect~ii~f the b~i~:n":~i~ii~i~pg, n.....o..:t"..!~'g
that they stock sensitive electronic equipment andi~?, con~:~d abo~i!~~ii~~'ge.
She has discussed the matter with the Fire Departm~i~.d.?:~il be closing [~i~!!~ilation
system during the burn. She also expressed conc~iii~i~ii~be trees near tl~'~:i'~' business
and the need for their protection during the demolitio~;:::~:.. ~iiiii~i~:..ocess. Both her and her
husband are very supportive of a shaded parking a~i n(~{~ii~ii~e heat is very intense
in the summer months on the asphalt parking .[..O.:~:i:~::.She n~{~i!i~iii~beir employee, Tom
Greenaway, met with Fire Chief Sandelin a~..d..~~?:i.t:.:..he sitei:~i~i~!:~'{heir concerns, and
a letter was forwarded to the City. .... ~i::ii~iiii~?:::::::::::~::::!?:iii~iiii?~!iiiiiiiii~iii~?~iiiii~:i~ ...... iill!iii?''
City Manager Horsley advised tha.t:~?~i~;:e' Chi.~¢ii::!~a~i~i~iii~:::?Withii neighboring business
owners to discuss the procedure:.~"will a~:~ss the~i~?~:~cerns. She will have the Fire
Chief contact Mr. and Mrs. Tom~.~i!~i~y ha~iifurther c::~cerns. She advised that both she
and Assistant City Manager F::J.~::have ~i'with th~oms regarding the matter.
Tom Gre..e..~way, 309..::~!~i~venue, ~~i~:i'tY Manager Horsley and Assistant City
Manage~i~~::.touri'~i~i~ii~:s. iness'::~i~!~:~asing their concerns regarding the burning
of the bU'Ji~ii~~ the '~iiiiii~:Y... discussed protection of the trees .a. nd ..whether h.e. at
generated :~ii~iii~Brn m~iii~~iii~roken glass. Fire Chief Sandel,n d,scussed_m_e
options for dea~~?~!~is sitU:~i~?Mr. Greenaway was very impressed with City Staff
coming to...~i:'~::~i!~?'.~n tl~:~' called about their concerns.
7:10.:~i~A.- Public H~~iii~i'0sed.~
M~ii~i~aldwin/Libby t.~iiiApprove demolition of a structure over 50 years old located at 295
~iii~89 North Mai~?'~treet, based on the finding that it does not possess historical or
~i~..u. ral ~.i.g~i~i~ance; carried by the following roll call vote: AYES: Councilmembers
~i~ii!ii~ii~!~?~i!i~shiku, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT:
C:~i~~'~r Smith.
10.
UNFINISHED BUSINESS
a. Adoption of Resolution of Intention to Modify the Boundaries of the City
of Ukiah Downtown Parking and Business Improvement Area
May 19, 1999
Page 5 of 16
Assistant City Manager Fled advised that at the May 5, 1999 meeting of the City Council,
staff was directed by the Council to begin the procedures for expanding the boundaries of
the Downtown Improvement District. The expansion includes the additional areas of Mill
Street to Gobbi Street, and Main Street to Oak Street. He advised that the purpose of the
resolution is to define the area of proposed expansion in more detail; describe how fees
are to be assessed; describe how the revenue generated will be spent; and set the date
for the second step, which is the public hearing. The Public Hearing must be conducted
not less than 20 days or more than 30 days after adoption of the Resolution of Intention.
The public hearing will be scheduled for the June 16, 1999 meeting. Th~:i~i~.otice of the
June 16, 1999 public hearing will be published and mailed to ea~.:..ow .n.~i?:~f a business
affected by the proposed modification. The total estimated revenu~ii~b~'~bd for the Main
Street Program as a result of the proposed expansio~::'.i.~ii$.l
..:.:.:.:.
Councilme, mber Libby inquired about the business~iii~ention~i~i '{~i!~~.S me....~!~:~l
that couldn t afford to join the Main Street Program,i~d if th..e.:~:~'s assi,~~i~..~i~ to
help them financially with the membership fee.
Kris Rasmussen, Main Street Program Executl.v.:~::::~:~~,~::..advlsed that Rite A s
manager was supportive of the Program, howev{~!!:~"he"~!~{?~..et approval from their
corporate,office. The other business declining .t~:~,'-P':'.a..rticipa{:~iiii~ii!~~:.u. ter Scene who felt
they didn t need any more business. ...:?:::::ii!~!iii!iiii?iiiiiiiiii!i!iiiiii!iiiiliiiii?:~ ....
City Attorney Rapport advised that:~?~::~"'ie is.~ii~!i~!i~~i;a.:!?:~::i~dship exemption in the
existing ordinance. ~:?? ..::!::ii?
City Manager Horsley noted tha~!i~ii!~p of ~0 was .p.,.I~ced in order to make the Program
afro rd a b I e t o b u s i n e s s e s. .~?:::::ii?::? -'~:~:~:::::::'" ..::~:~:~:~:~ ....
Assistan...t:~::~:..Manage..~i~i!~dvised t~ili~!~i~:~ose of the delay between the adoption
of the ~i~. at t'~i~i!i~i~g., and l~'~::~::~:~blic Hearing is to allow the businesses an
opportur~:i~i!i~i!!~!~::.their"~~!ii~::disapproval of the Program.
MIS LibbylB.a.!~ii~iiii~Pt R~i'~i~ii~'~ No. 99-41, Intention to Modify the Boundaries of
the City .~ii~i~:~::~!::i~~? Pa~i:ng and Business Improvement Area; carried by the
followi~!i~ll call vote?::!~~i?i~:ouncilmembers Libby, Baldwin, Ashiku, and Mayor Mastin.
N0.~!'.~:None.'!? ABST~!~!i!!~e.i~ ABSI::~T: Counc, lmember Sm,th.
...............
........
..:.:.:.:.....
.........
.........
· ~:i:i:i:!:i:!:!:i:~:~:i:i ......
:iiiii~iiiiii~iiiiilililiiii~..a. Recei~..~::~:i!~br Comment Proposed Mendo¢ino ~olid INaste Management
',',i',ii~,~,~,!ii',}i}?,?,?,~,',i'~,i}~,i',i}i::~,, ........ AuthOfl~ 1~¢-2000 Fiscal Year Budget
~~:. ~i~i~:i:l ~o the Juno 2, 1@@~ City Council meeting.
11b. Presentation of Current ~tatus of the Rate Reduction ~lan, Authorization for
the £stablishment of the Rate Reduction Fund and Authorization for
Utilization of £xcess Reserves
Public Utilities Director Barnes advised that, as a follow up to the Electric Utility
Workshop, staff has prepared an analysis of the City's current reserves and anticipated
May 19, 1999
Page 6 of 16
1998-99 year end balance for the Electric Utility which indicates that the utility will exceed
our retained reserves and rate reduction plan requirements by approximately $3,057,000.
This was due to being able to exceed our income goal for 1999 in three areas. First,
excess power was sold into the spot market to significantly reduce the City's power costs.
Secondly, operating expenses are forecasted to be under projected expenditures due to
the delay of projects, but will be re-budgeted in the 1999-2000 fiscal year budget. In
addition, the franchise fee has been frozen at $650,000, which saved the utility
approximately $178,000. Thirdly, revenues are forecasted to exceed budgeted projections
for 1999, as a result of increased load and favorable weather conditions..:~ith the rate
reduction plan fully funded for the 1998-1999 fiscal year, an analy~i~ of ~~d reserves
and interest has determined that at the current rate of. savings..~ii!ii~.r...~::'mtes could be
achieved by July 1, 2006, which is a year earlier t.h.~iii~fore(~:...~iiiiii~dng the Electric
Workshop. Banking these funds into the rate reduc.t.:i~ii~serve~i~iiiii~nce the ti~'
to market rates six months, to January 1, 2006. In ~ition th.e..:=::i~CJ:~ii~~ii~
to fund any shortfalls that might occur in years 20...'~::..throu.=~ii~'006,
delay to market rates. On this basis, our projected.'.i~..t:...e..~!~average rate
would be $.0697 per kwh, or a 55% reduction in ':~iiiiiiiiii~bis assumes th;;~::::{~'e market
conditions and projected expenditures remain as .P~~!:i!iiii?ii~ recommended banking
approximately $1,000,000 for any type of catastre.~'ic f~iii~?~i~i~.h may occur.
Staff favors using these funds to shorte...~!?~i~iiiii!ime~ to ~i~iii!i!~arket!~ rates. He
recommended Council approve the esta...~!~~ii~i!i~?:?:...R...ate R~Ction Fund, under the
Revenue Banking Plan, to set aside $~!i~0,00:~?~ii~ii!i~ii~..u.r:.:[~t reserves, and to direct
staff to use the $3,057,000 for the Ra~" Redu~i~:~n "~!i~!iiiii~i!iiiiiiiiii!iii!
Considerable discussion follo~ii~bncer.~i~g which~!~ould be more cost effective in the
long run, to bank the reserves:~i~!!i~'~ give..:~ii~te redUX:ion to the public now. It was noted
.::i:i:i:!:!? .::i:i:i:i:i:i:i:!:i. . ,.::i:!:!?
that a rate reduction no..w...~:.w~ld only:~ii~~::::i~[~??approximately $1.91 per electric bill.
However, ..~:..uld Coun~iiiiii~~. the res~!iiii~::public would see their electric rates cut
in half b~ii!i~iiii~..a...r 200~i!iiiiii!!i!ii!iiiiiiiiiiiiii!iiiiiii?~i!::~ .... "::~::i!i::i::i!::!?:?~ ......
There wer;~i::~iii~~eits
Discussio.n.:~~i~iii~ii~port'i:~i:::;~f the reserve funds to assist Iow income people with
their uti[i~i::::~'ills was ~~~:by Councilmernber Baldwin. The matter was discussed
with ~'iic Utilities Dj:'~~ii~:arnes and Customer Service Supervisor Archibald with
reg~ to the Public:iiiii~(~fits.......... ..... Charge and the income requirements for assistance
p~ams that the Cit~ii~rrently offers. It was reported by Ms. Archibald that applications
~ii:been made a..~lable at the Senior Center for the Senior Discount Rate Program.
~!i!~:.V..-.!sed th..a...t...ii~"Low Income Emergency Assistance Program funds come out of the
~!!i~ii!~~iii~'harge, and that the City has not been using all of these funds. She
d'i::~~iiii~i~"'screening process provided by the Salvation Army, which is based on
Federal Poverty Income Guidelines.
City Manager Horsley noted that it was previously reported that at the end of the Public
Benefits Charge requirement, there will be funds remaining, based on the way in which
they are currently being used. If Council chose to continue that assistance, staff could
May 19, 1999
Page 7 of 16
look at ways to continue the Program, whether there was a Public Benefits Charge or not.
If Council wants staff to continue to budget for this after the legislative period is over, staff
could provide Council with a resolution designating that the program continue to take the
percentage out of our revenues to be designated for Iow income assistance. She
suggested making it a permanent part of the budget.
Ms. Archibald noted that it is anticipated that the City will use less than one-third of the
funds each year. Discussion continued with regard to re-examining the eligibility criteria,
thereby enabling more individuals in the community to take advantage of t.h.:.~i.?:iprogram. It
was noted that City staff has conducted an aggressive campaign to ~ify t~iii~'ublic in their
utility bills four times per year, made applications available at the ~i~i~'nter, and have
made adjustments to utility bills upon the request of cus..~'s. ~iii~iii~[ently analyzing..
the applications which have been denied by the SaJ~i::~'n Army;.:..i;ilili~i~?~t.~d by May~'
Mastin that the applications should be available in?~anish
Councilmember Libby expressed her desire to r~~i~!~!:~tility rates r~:~jiii!~!~ total
amount of reserves of over $3 million, rather than ba~ii~i?i~ey. She noted'i'~"~t the City
has said after the last increase three years ago. that.~ii~iii!?~uce the rates as soon as
they can. She strongly felt it would be very app~'Hai'~iiii~iiiii~i~::~..b.,e.......::~ money back to the
people ..... ::::::::::::::::::::::::::::::::::::
Mayor Mastin expressed concern with th.~ii~~i~i~:.:n, g th .e::ii~i~Y's~ rates by more than
half in the year 2003 because of fede.r...-~?:::~i:~gisla.~!~iiiiiiiii~?~i~!..e..~c fund will not be able to
cover that cost, resulting in seriouSiiii~'roblem.~i?in t~iiii~~l Fund to try to cover the
reduced rates. It would be nice to.::.g.~"a rate:~::~luction:~i~:~ City's rate payers, however,
he felt it would be somewhat sh~ii~:: .~hted a(ii~is time~::iiii!i~ we could guarantee that the City
could make market rate by 200.,.3.'i!iii~,"would:~' approp...:~te. He expressed concern with the
· ,':'.'.': ':"'-'-'.'-'-'-'.'-'-'.' ..;.::.-,:::i:::~'
legacy this Council would...[ea~ii::future G~i~.i:.~bers should the money be returned to
Mr. Bai:~i~ii~i~..d th~'~?~ii~i~ii?~be City reduce the electric rates now, they would be
faced with ~:~i!?~~t? sh0:~!!iii!~:?ii~.million in the year 2003.
Council~~i~::~i~ii~l:.t.::.the~! "~st responsible thing to do is to bank the money now.
If Cou.~i¥::'opted to "~i{~iiiiii~:-money to the taxpayers, the City may be looking at a
ban~tcy situation in~~:~: 2003. He discussed the uncertainty of federal legislation
wi~?~i~gard to deregula...'~nT' If the utility market were opened in Ukiah, with our high rates
o~ii~bility to survive ~'uld be in jeopardy. He briefly discussed the bonds for the power
~iii...and projecte~?~ies in the year 2006, and that we would be looking at year 2019 to
~J~iii~:.~ii~se ra.t..,e..~i~:i~::::~e funded a reduction plan. He noted that the City will be paying for
{~iiiiiii~"".~iiiiii~~i~n over and over again and felt it is a substantial waste of public
r~~iii~i~iii~ concurred with staff's recommendation.
Mr. Bames advised that it is staff's vision that the fund would be funded every year out of
operations. If we were to fall short of the revenues less expenditures goals, and need
extra money to put into the investment plan, then staff will ask for it out of the reserves that
are currently available. He noted that the fund would be used for rate reduction and would
May 19, 1999
Page 8 of 16
be in a separate accounting fund, separate from other reserves. He noted that the
proposed plan leaves approximately $1 million in reserves. He further discussed changing
the Public Use Bonds, and taxable bonds were discussed.
Discussion continued concerning the Fund Reserves, possible shortfalls, and projected
market values in the future. Protecting the long term rates and the savings can be
contributed to staff's long term planning. The issue of money being available for
assistance is a critical issue and staff will make a commitment to broaden the criteria in
order to assist more people. It was recommended that applications for ass!.~nce should
be distributed to the Food Bank, Plowshares, the Community Cen~[..and...:~i~'.~'er non-profit
organizations. A discussion was had regarding accumulating ..~!ii!~....e..~es over many
years. It was noted that the City, at one point, took m.~y out -~iiii!ii~iiii~.ant at NCPA to
help with restructuring instead of using all of its res~i~'i'
Councilmember Libby, noting Mayor Mastin and ~ncil~~er
going to market rate at 2003, suggested the City:~iii~O,O00 annuall~i!~:.~~'''e next
three years, and give this back to the residents un{ii~!~?~.'..e..:..how the marke{"~rogresses
by the year 2003. She strongly felt the City should...:?:~ii!~~i...n, g now for the utility rate
payers and over the next three years we can continue t'~::::i~!!~.n, ey.
Further discussion followed concerning w...:~~i~ii::...b..ank th~ii~~' now and how long
it will take the City to get to market rate..~i~::::~!i!~:..~:..es we~ii::~lso discussed. It_ was
noted that new developments in th.e..:~i::i~mmu~i~i~i~i~?iiii~9!~:U to increase the City's
revenue. The restructuring of the deb....~i::~nd fre..:~g U~ili~~i~at was used for the bonds
was considered. It was noted that.::~ wou!:~ii~'e no n~:~:~'' increase rates in the next few
years. Staff was commended b~ili~6'mber....~iiiiSf Coun~!iiii::~or their efforts.
...... -.-.-.o.,.,.. ..:.:.:.:
..:.:.:.:.:..-.:.:.- ::i:~:~:i:i:i:i .,::i:i:!:i::'
...:::::::::::::::: .-::::::::::::"
Councilme.mber Libby r;..e..~u~'ed an ~!~...s..:~?:~!i~repared for the Franchise Fee.
City M~~iliH:.orsl~ili~~'..d.:..that ~ii?:~::~:~the proposal would allow staff to take the
FranchiS~::i!~ii~::..to th~:~i~ii~[~..which is approximately $675,000, and at the full 6%
this fiscal ye~iiii~i!~t...d, be $~i~iiii!iiiiStaff is proposing that the 1997 Franchise Fee rate
be frozen, an.d..~:~:.~{:..~iii~::i...makin~!ii~i~:Franchise Fee, freeze it at $675,000 so it would be
a flat amo..~iii~::~iiii~iii~.J.t, ionaJ::~oney would go into this reserve, not only for this year,
but eve~iii~ear in the '~~iiii!i!ii~e noted we can review the matter again while reviewing the
budge?' '~iiii~il iii!ii~i~iiii ii!iiiiii::::~
· :::::::::::::' i:i:i:!:!:~ "::if'
::::::::::::::- ;:::::::::'
..:.:.:.:.:.:.:.' .:.:.:.:,:
M~i~shiku/aaldwin.;~?=authorize the establishment of the Rate Reduction Fund and the
:::::::::::::::::::::::: .........
~!~ent of $3,~:i'000 from current reserves into the rate reduction fund, and to
~i~e the p....!.~ent of excess reserves, in the approximate amount of $3,057,000, into
'~i?~i~~{~n Fund.
City Manager Horsley inquired of the City Attorney with regard to the Franchise Fee being
held at the flat rate of $675,00 and if it is included in the proposed motion.
Councilmember Ashiku was of the understanding that we would be freezing the transfer
of $675,000 to the General Fund, but are still collecting the full percentage, with the
May 19, 1999
Page 9 of 16
difference going to the Rate Reduction Fund.
City Attomey Rapport advised that they would not be freezing funds, but rather diverting
an additional amount, which is part of the description of the agenda item.
Motion carried by the following roll call vote: AYES: Councilmembers Baldwin, Ashiku,
and Mayor Mastin. NOES: Councilmember Libby. ABSTAIN: None. ABSENT:
Councilmember Smith.
.:;!::.,
11c. ~election and Appointment of Vice Mayor :.~
.?:~::~::~::~ii~ ........ ~i~!:::::?*:'
Matter continued to the June 2, 1999 City Council me.e.:ting
11d. Report Regarding Commissioner Terms E~ii~i:~'Cl
City Clerk Ulvila advised that before Council for ~iderati.~?~'
Ukiah Commissions and their terms of office, wit~iii~me ~s expiri~:~iiii~ii~ii~J99.
Effective June 30, there will be vacancies or{iiiiii~:!i:i:~!?~nning Comm"~~??~,irport
Commission, Golf Course Committee, and the Parl~?~i~iRecreation Commission. At a
recent joint meeting of the Golf Course Comm.i...t.:~iiiii!~:.~?iiiii~.. Parks and Recreation
Commission, it was voted and approved to merge':(~":~ tw~::i~!~ii~i!!::ii::.:P., er Resolution 95-48,
adopted June 7, 1995, the City Clerk will adv.~i~., the Ul~:~~!iiii~acancies and notify
each member they must re-apply if they ...a..~i?ii~~t. ed in ~:~i~:~''another term. The
application deadline is proposed to be...J..i~~!iii~i~!iii?:~Coun.c.:ii::i?:i:~terviews for Planning
commissioner will be scheduled for :~ili~:'me p~ii~iiiii~iiiii~i[~iiiii~eeting in July, with the
appointments agendized for that sa~ meeti~::i' will be included in the
Agenda packet for the July 7.::,..::::::iii~:i~9 m~{ii:'r~g, at..~=ii~:~::i~'h time appointments will be
considered. She recommende.:~i~bncil :~eive thffili~eport and authorize the City Clerk
to advertise for vacancies. ::i::::!i::!?:i~i~i~ .... ..~::~::~::~i~::~? ..::~i~?:~i ....
:::::::::::::::::::::::: :.:.:.:.~:~:~:~:~:~: ....... ~::::::::::::::i~ ....
City Man,~.:.Horsley...:?:i~i~. that th~?ii~~!i~d Recreation Commission and the Golf
Course.~,~~i~ use~::i¥~i~ili~:..commi'{t'~';' and that in 1989 were separated due to the
problems'::~i~~.r..ns at":~?ili~ii~.urse. The committees would like to go forward with
the merger. "::~ili~{ter will ~i~i~~ht back to Council in June for consideration.
Commun.i.~iii~~~iiii~:rect~; OeKnoblough advised that the vote was unanimous
to me~g~!?~y both c~:. ~~:.~:'at separate meetings. He noted that the Golf Course
Com~ee would like t~iii~ii~:e Golf Course viewed as a significant recreational asset of
th~ii~ity. He reported ~t ~:~rrently neither committee has adequate business to conduct
r~!:ar meetings. H~i~iscussed the recent budget meetings with both groups. He also
~ssed lack of..i~{~:~'est by the public to serve on these committees.
~~~i~i~'Wed regarding the problems and concerns of the Golf Course may not
b~::i!ii~iiiii~:'~:""as the problems, concerns, and needs of other recreational programs.
Concern was also noted that the merged committee may be weighted regarding specific
interests. Council expressed concern that members of the merged committee have broad
interests and not focus on just golf issues, or park issues. Of special interest to Council
was future plans for parks and trails, and how the new committee would adequately meet
those needs.
May 19, 1999
Page 10 of 16
City Manager Horsley reported receiving information regarding a grant for pedestrian and
bike paths along railroads. Staff will be meeting next week regarding applying for the
grant.
City Clerk Ulvila responded to an inquiry by Council regarding savings by merging the
committees, and noted that the meeting transcriptionist would only have to attend one
meeting instead of two, and that savings would also be had on paper for packets, and the
use of the facilities.
..;::..
Discussion followed regarding upcoming vacancies on the comrB...'~.tees..~":'the process
of appointment. It was noted that if the Golf Course Com ..rp. ittee an..~iii~~i::i~nd Recreation
Commission merge, there are some positions which ~ld
City Manager Horsley advised that it is proposed:i~t the m...e....~:~l"::~~i~:..con..s..:i~iii~f
seven memb,ers and there would be representativ~ii~.r, om th~?~'ens' G~!~i~!!!~i~&i:i as
the Womens Golf Club, with the remaining five m~~m::::i~rving at
City Attorney Rapport pointed out that Council~i~:.iiii!i~ugh a lot to establish a
procedure for appointments. ':~iiiiii?:? ..... '~:'~iii!iii?~?~?~i~?~iiiii~iiiiii~?~?~?~::i~:~ ....
Mayor Mastin recommended that on th.e..:!!?~i!~iiii!i~iiii~e..:rms of"::~iii!ii~ Ukiah Board and
Commission Members, that former Counc..i.!~~i!ii~ii~s..::namei;~' deleted and replaced
with Councilmember Ashiku regarding~i::~' nomi~i~?~eS~i!~::'
Consensus of Council was tO::.::.::::~ive t~:?Report~iii~:~:~?'authorized the City Clerk to
advertise for vacancies with th:~.i~ort ~missio~i:!~!~d Planning Commission.
· :::::::::::::::::" ..i:~:!:!:i:~:i.'.: ...::i:?.!:?.!::
· i:i:!."::!::':':" · ...............
11e. Disc..~ssion of Po~ib~iii~allot ~~?~ii~'ave the City_ Clerk be Appointed by
City Cod :Ei:i"'for discussion and approval is a proposal to
call a in N'~~iiii~i~99, requesting the election be consolidated with the
other electio~"'~i~~i~g at th~{ii~!~iiii~d that it include a Ballot Measure designating the
City Clerk a...~::R~i~ii~y the"~i~!!!~ouncil, rather than an elected position. She noted
that Mend~i~:~"~'~:~!i~i~.k.':::?ar~'ha Wharff estimated the cost for a Special Election to
be app..:~imately $7:?~iiiiii!i~ii~h is similar to the cost for the November 1998 General
Mun~i::~al Election. Hi~~, it was noted that the more districts that participate in the
N~ber 1999 electi;~h, t'he more the total cost of the election is distributed among the
p...~i~ipants .... ~::i~iili:'~''
::::::::::::::::::::::::: ..:::::::::::"
============================= ...-.-.-.-..
..::::::::::::.'
~:i:i:i:!:!:!:!:i:i:~:i:i:i:!::- ..:.:.:.:.:.:..
iii~[....S...e.....d...:::~ii!~ince 1996, she is the third person to be appointed to the City Clerk
~!iii~?~:~ expires in November 2000. In the November 1996 election, no one ran
fO~:'::~iii~:"Of City Clerk. Subsequently, the City initiated an application process to fill
the vacancy. Two previous Ballot Measures regarding appointed City Clerk have been
presented to the voters of Ukiah, both being defeated. However, in the March 1996
election, it was narrowly defeated by a 46% to 53.9%. The only requirements to run for
the office or Elected City Clerk are that a person is 18 years of age, a citizen of the United
States, and a registered voter in the City of Ukiah.
May 19, 1999
Page 11 of 16
In Mendocino County, the City Clerks of Fort Bragg and Point Arena are appointed
positions. The City of VVillits has an elected City Clerk, however, the Deputy City Clerk
performs most of the functions of the City Clerk's office for that city. At a recent City
Clerk's conference, it was revealed that approximately 2/3 of the City Clerks in California
are appointed and the trend is toward appointive City Clerks.
A comparison was recently made that the Mendocino County Clerk of the Board, who is
appointed and serves the Board of Supervisors, is very similar to a City Clerk in that each
serves the Board or Council and both share similar administrative respons:i~ilities.
..i:: ..::!~ii:~.::..~i ....
As the City Clerk of Ukiah for nearly a year, she has had the o~..u.~:"to assess the
duties and responsibilities of the City Clerk's positi~?~i?:~::.She-~i~i~iiiii(~{~::.the City Clerk's
position should be full time, rather than the 32 hour ~::::~urren{~!i!~i!~~. She not~'
that her work schedule exceeds the 32 hours eachi~ek. As.~:~?~:i~i~i~.,.es to..,.g~v
and a, ttempts to keep up with the state of the art t~nologyi~?~:::"is
Clerk s office be prepared for the present as well ~iiii~:.f....~re needs of"~ii~iii!~nd its
citizens. Organization and knowledge of City funcl~!i~?:i..m, ajor necessiti~'~::::~'f keeping
the City Clerk's office functioning efficiently. She..~i~ii~ii~iiiii~rtant that the citizens of
Ukiah have someone in the position who meets the~:~'qu~i.':f.'..i~t:.i~:.S~: These qualifications
are not required of anyone running for the elected, office ~!~!i!~i~k in Ukiah. Should
someone be elected who does not possess t~i~!!~::.or have'::~;i~i§trative abilities, the
burden would fall upon City staff to make ~iii~!~ii!~iii~e. In:~:'event an elected City
Clerk resigns from the position, or, as ig~;:::~:"199~,..ii~i~~i=~::i::::~lidates ran for the office,
an effective recruitment and selectioq~.i~i~0cess.:~i~bdS~t~iii~ii~t~ablished in order to ensure
the position is filled by a qualifie..dlii~erson,:?:i?~ii.-The po~i.~:~'~"should be filled from among
======================= ..::::::' .:::::~:::.
qualified candidates, using the se~i;time t~f~d, competitive techniques used to hire other
City staff, which objectively c~re ca.~i~ates ~d on their qualifications to perform
the technical requiremen:,t.,s.. ~ii!~"he job.?~iiiii~?:~!:~ City Clerk cannot be as effectively
supervise.~ii~::,insure th..~iii~~ued effi~ii~rmance of his or her job duties. Under
this bal~ii~~e, th&::~i~i~Dcil wo~i:i~::i~'Ctly appoint the City Clerk, after a thorough
oval uati~i~i~., h as '~i~}~ ..p..:l.et e d.
In Ukiah, voteii~:~!~~i~i~e ad'~~::Protected by the separately elected Mayor and the
elected ci...tyi;:~~iiii~~r....,s.. T~i::i~ity Clerk does not make policy. The City Clerk does
not act..=~::~::~ check ~i!ii~i~i~..s. e of power by local government. Instead, as an elected
positional' it converts ~!~iii~'ld be a professionally-based technical and administrative
job~::::i!!~o a political offi~.'::~ii::An over-all consensus of City Clerks is that the City Clerk's
p.~i~!'on should be im..:..~rtial, and not a political position. The citizens of Ukiah elect the
M~r and City Cou~i~i to act on their behalf, and their appointment of a City Clerk should
~?i~::.~f their r..e..~sibilities to the constituents to ensure that the most qualified person
Sho~'i"~::"'"~'ouncil wish to go forward with this proposal, a Resolution designating a Ballot
Measure be placed on the November election will be brought back to Council in addition
to an agreement with the County for election services.
Mayor Mastin discussed the matter of Council's consideration of a Special Election during
May 19, 1999
Page 12 of 16
their last meeting with regard to filling a vacancy on the City Council. He felt that the
proposal for a Special Election for City Council is very different than the proposal for the
appointment of the City Clerk, in that the City Council would be without a Councilmember
until the November election took place, and then the person would serve for only one year
before the next election occurred. Cost was not a factor for that issue, in that Council
would have been mandated by law to hold an election if an appointment did not occur prior
to the deadline.
Councilmember Libby was supportive of placing the proposal on the ballot,..::~wever, she
did not feel it is an emergency issue and would be more inclined to.:'i~wait u~ii:"the General
Municipal Election in November 2000.
Mayor Mastin advised that, should Council wait un...t.'!iii~=::year '~i~!~!:.a..:..c.e the matt~'
before the voters, it would not take effect until the ~"r 2004..,~?:::ii?"
City Clerk Ulvila was of the opinion that ~he p~~?:-':i~;asures did~=:~!ii~;ately
educate the voters as to what the City Clerk s posi~ii~iii~.ils. She noted 1~'~:~' research
·"" · '" :':':':" ":':':':':'~;':':':'" ' a
has proved that this type of measure is more succe..::~!~.~.~[i~::i:.' Special Election rather
than during a General Municipal Election because it..?~i§ no[~::~~..d...0wed by other issues,
such as the election of Councilmembers. She..;..d..i:s.'..:c...ussed i:~ii~ii!~a Special Election,
noting that it was originally estimated that if n...o..i~i~ii~.n..tity pa~i~~', the cost would be
$15,000. However, with other particip.a..~ii!i~::iii~iii~i~i:.o..n., the :~t for a Ballot Measure
would be approximately $7,500. She ..dii~::~'ussediii~i~?~r.:.~in.:t'J~i~ costs.
Councilrnernber Baldwin inqui:~?if ther~i~ould b~?~?~'~l'ditional costs to include other
measures on the ballot, such..?:~iii~aving~::::?~:e MayQ~i~ term be four years, and also a
proposal to have numbered Co..~i'i seats{i!ii!i~e felt it:::ii~)uld be more cost effective to have
more than one measure or~. t~?ballot.
City Cl!~ii!i!~i~.'.fl..a a~i~iii~:., the ~i~::"'Clerk has indicated the cost would be
approxir~:~!~iii~~0, wi~!i!i~i~l costs for printing. A primary election is scheduled
for March 2'~i~ili~iii[..h..e C°'~i~iiii~i~.informed her that the costs would be even higher
should meas..u.'~iii~ii?~i~!aced~:~iiii~ ballot, since the pamphlets are printed by party
affiliation.::~?:::i~i~i~::iii::~ili~i~r..::..ele~i~i~'n year, the cost to place a ballot measure would be
approx, i~:iely $7,50~iiiii~i~.ferred to the time line presented in the staff report, noting
that..:~:~Jncil would n~iiii!~?~ili~ake a decision in June, in order for the Resolution and
A~:ment to be sub~![t(~:a"to the Board of Supervisors by July 5, 1999. She noted that
a.ti?~i~e March 1996 ~i~:ction, the two measures presented were to have the City Clerk
~?ted and to ·~ the City Treasurer appointed.
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .......... :::::::::::::::::::::::::
concerning placing a measure on the ballot to elect the Mayor to a
City Attorney Rapport advised that there would be a need to have two measures on the
ballot with regard to the Mayor's term: 1 ) Should the Mayor be elected or appointed?, and
2) Should the Mayor's term be for two years or four years?
May 19, 1999
Page 13 of 16
Councilmember Baldwin explained his proposal for numbered Council seats, in that there
would be four numbered incumbents. If an incumbent ran for election, a person could
challenge that incumbent for their numbered seat.
Consensus of Council directed the City Clerk to research the matter and provide Council
with a cost estimate to have more than one ballot measure at the November 1999 election.
12. CITY COUNCIL REPORTS
Councilmember Libby reported that she attended the Sun House Guild me...e....~i~g and they
are working on their fund-raiser for June 6, 1999· Three more G~:ce Hp~'0n paintings
were donated to them by a couple in Connecticut. The G.u. ild is e~!~i~ii!~ving their own
Web page, separate from the City's. At the June 6 ev~iiii~ey ~iiiiiili~!~,,e. nted with th?...
$400,000 donation for the building fund. They receiv~?~'~"compla.i~i~~~Dg the park~['
the Sun House needing to be policed more. Ther...~iiii~ave
loitering and the matter will be investigated.
Councilmember Baldwin reported that he attende(J!ii~ii!i~~ocino County i~'J'~nd Water
and Power Commission meeting. A number of memb~!i~~iS:.s...ed concern because the
National Marine Fisheries Service submitted an alt~ati'~ii~~al to FERC which calls
for a greater limitation on the diversion into the..:~B..S..S...ian Ri~iiiiiiiii[~i~?~i.t.'....ed to great concern
by the Potter Valley representative and Mi~!!i~.i~ibar, whi(~iii~ii!~plit from the fishery
review group· There is continuing d[..s.:~!~i~iiiii!~d:ing th~!i!~ii~:Jaws in the draft ElS
statement, which should be explored .a..~ii!~:;':~onf~~iiiii~ii~9~i~osa on June 12 and 13,
1999. Meanwhile, the Steiner Ditch ~posal .i~!i?:~at(~i?.':.~i!i~asing flack from the Potter
Valley farmers and ranchers becau~{'hey a...r....:~ii~oncer~';'t'hat it would then introduce into
spawning fields endangered ~i~s. T~?Potter ~i'ley creeks would then be open to
"endangered species" which.=~Old the~ii~ause ~!?:ranchers to come under Section 7
· ' e ard to' h&~'a ricult~::i::'''' ~a~i~'S All ro osals being discussed are
requlremen.t:.:.s:., wroth r g .......... iii! ..... !:~::~:' g ::i:;ii ................ :::::::::::::::::::::::::::::::::::::: · P P
extremely:~.t.!y. He ad~i~i~i[hat the E~'.i.~?:::River Council will meet this Saturday·
Councii'~~ii~hiki~:~i~!i!iii~ip.g to report.
Mayor Masti~iii~~i::ii:.t...o th~i:"~!~A budget, noting there will be a reduction in the
USWUA::~..s..;~!~~iiii~iii~i~:.0, w~i~h means the rates will be lowered· He reported that
there i..s..:~iii~' intereste~ii~iiii~i~i.'...t'he nine acres on North State Street and the matter is still
beingii~gotiated. He ~!?ii~t the Court of Appeals upheld a lower court ruling regarding
theiiii~3rth Forks Grou~?~:~'llenge to the EIR process, thus MSWMA's legal fees will be
r~ed this year·
~ii~~ed tha.t..~ryl Willis, Caltrans District Representative, called MTA today, leaving
~!i~~:.~ii~i~e NCRA meeting in Rio Dell, and reported that the Transit Center item
iS~:;~i~i!~ard and looked promising.
He noted a communication from Assistance City Manger Flad regarding a World War II
program being put together by Kate Magruder based on a war novel by Studs Strickel that
she rewrote into a play. He has given her permission to do it again and the program will
involve events around town focusing on events of World War I1.
May 19, 1999
Page 14 of 16
He discussed attending a meeting in Woodland last Friday and also toured the Woodland
Hotel, at the request of Judy Pruden. The hotel was remodeled by the same architect that
S.P.A.C.E. has retained to remodel the old St. Mary's Church. He was very impressed by
the building, in a courtyard design, and included senior housing above, retail stores and
office space at ground level.
He noted that prior to Kristy Kelly's resignation, she comprised a committee with him which
was to meet with Supervisors Michael Delbar and Tom Lucier regarding annexation and
potential tax sharing issues. He noted her position needs to be replaced.
.,.,:::::::::::-'
Councilmember Ashiku volunteered to participate on the commit~ili~i..n. ~:"he also sits on
LAFCO, which discusses annexations. ;:~iiii!i!iliiiiiiili~:: -'~iiiiiiiiiii!i!iiiiiiiiiiiiiiii!iiiiiiiiiii;':~ .....
City Manager Horsley advised that the most impo~i issue i.s. ii~i~'::~~:'~et
because of the situation with the bridge. Any futur.&iiia.iscuss.
County were interested in changing the boundaries :~i~.""':.~::!::~i~ limits both ['~i!~ii~!~'~ and
to the south. ':~?:?:i~i~?:?:i~?:?:i~i~?:?:i~?:i::i::i~i::?:::~::.. ' ..........
Mayor Mastin discussed Council previously.:~i~ili~!~c;:i:~i~iiiiiiiiiii~:..O....r.:..rnation on walkable
communities. A workshop was held in Willits this..:~e..ek and '~~~i::~...P. lanner Lohse was
in attendance. He hopes to receive a repo~::::~ili~::..Lohse :~~i~'g the workshop.
City ,Manager Horsley advised that..:~i!:'"::"Lohs~iii?:~i~..{i???!i~..e...~hop was very similar to
Ukiah s Bicycle and Pedestrian Mas..t~Plan...::~::ii!ii? ";'~?'ii~!i??iiiiiii!?iiii?~':
11. CITY MANAGER/DIREC:~' REP~Ts ......
City Manager Horsley advis.,.~:~F{hat C.~!~ie M~.~?~ontacted her regarding continued
interest in ...t.~e Wards si,t:..e.:i::.f~i?~i!~ scho~iii?ililiiiii~::~[::~ired if any Councilmember would be
interested?:~ii~Pj.ning the~iiii~?~i~iiii-:.:.t, rip to S~~~ with other members of their committee
to meet:i~ii~p.....s th~:{::ii~i~{iii~e fundi:~?:~ailable for school projects. They would also
meet wit~::::~!~!~ii~...e.., repr~i~~...s..., as they pursue alternative or additional funding for
a school sit~i~!{!ii{~?ii~ards I~~ii~iiiiiii~?~i?:~~-
Councilme."~i~?~i~?i~'.o. lunt(~:~i~d to participate in the trip to Sacramento.
::i~iiiiiiiiiiii::~:* a. (~.C. 65495~i~9i:~}(1)- Conference With Legal Counsel Regarding
.~i?iiiiii?~iiiiii Pendin~i~'*Litic~ation - Existing Litigation - 2 matters:
::::::::::::::::::::::::..: ;.;:
:::::::::::::::::::::::::::::::::::::::::::::::: Red~d Business Park v. City of Ukiah, Mendocino County Superior
iiiiiiiiii!iiiiiiii~iiiiiiiiiiiii::::~ ........... C.~** Case No. 77517
?':~iiiili?iiiiiiiiii!iiiiiiiii?iiiiiii?!iiiiiii!iiiiiiii?iiiii~wood Business Park v. City of Ukiah, Mendocino County Superior
No action taken.
May 19, 1999
Page 15 of 16
'13. ADJOURNMENT
There being no further business the meeting was adjourned at 8:42 p.m.
Marie Ulvila, City Clerk
May 19, 1999
Page 16 of 16
ITEM NO. 6a
DATE: JUNE 2. 1999
AGENDA SUMMARY REPORT
SUBJECT:
DENIAL Of CLAIM FOR DAMAGES RECEIVED FROM JACK BOYES, AND
REFERRAL TO THE JOINT POWERS AUTHORITY, REDWOOD EMPIRE
MUNICIPAL INSURANCE FUND
The claim from Jack Boyes was received by the City of Ukiah on May 17, 1999 and alleges
damages related to a power outage on May 13, 1999 at 546 Stella Drive.
Pursuant to City policy, it is recommended the City Council deny the claim as stated and
refer it to the Redwood Empire Municipal Insurance Fund (REMIF).
RECOMMENDED ACTION'
Deny Claim for Damages received from Jack Boyes; and Refer
It to the Joint Powers Authority, REMIF.
ALTERNATIVE COUNCIL POLICY OPTIONS:
Alternative action not advised by the City's Risk Manager.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Yes
Claimant
Michael F. Harris, Risk Manager/Budget Officer
Candace Horsley, City Manager
1. Claim of Jack Boyes, pages 1-3.
APPROVED:
mfh:asrcc99
0602CLAIM
Candace Horsley, City M~nager
NOTICE OF CLAIM AGAINST
THE CiTY OF UKIAH, CALIFOR
7his claim must be presented, as prescrfbed by Parts 3 and 4 of Division 3.6, of T/fie 1
State of California, by the claimant or by a person acting on his/her behalf.
RETURN COMPLETED FORM TO: CITY OF UKIAH
1. CLAIMANT'S NAME:
Government Code
MAY ! ? 1999
.
CLAIMANT'S ADDRESS:
Attn: City Clerk
300 Seminary Avenue
Ukiah, California 95482
CITYOF
CITY CLERK'S DEPARTMENT
Number/Street and/or Post Office Box
City State
Home Phone Number
Zip Code
Work Phone Number
J
PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above):
Number/Street and/or Post Office Box
City State
Telephone
Zip Code
4. DATE OF THE ACCIDENT OR OCCURRENCE:
5. PLACE OF ACCIDENT OR OCCURRENCE:
6. GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), ff more
sp~ce is needed): ,s __ , . ~ _ _ - ~ ~L .s
~ ~~~z .... ~)~~ d .... ' '/"
WITNESS(ES), ff known (optional):
Name
a.
Address Telephone
bo
0
DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREA TED:
Name Address
a.
Telephone
b.
10.
GENERAL DESCRIPTION OF of presentation of the claim:
11.
STATE THE AMOUNT. CLAIMED if it totals less than ten thousand dollars ($10,000) as of the date of
presentation of the claim, including the estimated amount of any prospective injury, damage or loss, insofar
as it may be !.nown at the time of the presentation of the claim, together with the basis of computation of the
amount claimed (for computation use #12 below). However, if the amount claimed exceeds ten thousand
dollars ($10, 000), no dollar amount shall be included, but you must indicate whether the jurisdiction over the
claim would be in Municipal or Superior Court.
Amount Claimed $ j~ z~ ,~--~ or Applicable Jurisdiction
12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS:
a. Damages incurred to date:
Expenses for medical/hospital care:
Loss of earnings:
Special damages for;.
General damages:
b. Estimated prospective damages as far as known:
Future expenses for medical and hospital care:
Future loss of earnings:
Other prospective special damages:
Prospective general damages:
This claim must be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of~
action for death or for injury to the person or to personal property or growing crops shall be presented not later than
six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating ~
to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action.
~SIGNATURE OF~LAIMANT(S)
Received in the Office of the City Clerk this
/ ~ day of
NOTE: This form of claim is for your convenience only. Any other type of form may be used ff desired, as long as it
satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of
your legal rfghts or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law,
you should seek legal counsel of your choice at your own expense.
Rev. 3/18/98
......... : (!i: F'g: _ SEC;.,
,,
:', .... ..~ce chara~: ~,f 1,507~ (JB.O()~: per ~n~L!.~,! wiJ! be char,..~d ~n oas. t due
4 9.5')
17,7Q
5.0,)
FL ?. ].
!:'f, 1 ""Lc
DAlE
F'R Or!.," Ii!; ~
TOTAL
F'AYMf_ilT
~'HP, t:IK Y'.? FOR
OUR GO0.!_ iS TOt!F' COiiFi. E!E SATISFAE;TIOH AHD F~, GP. EAT Sfl?F']f4E E?EF::IE?.iCE,
ITEM NO. 6b
DATE: June 2, 1999
AGENDA SUMMARY REPORT
SUBJECT:
APPROVAL OF NOTICE OF COMPLETION FOR CONSTRUCTION OF THE FIRE
DEPARTMENT TRAINING TOWER, SPECIFICATION NO. FD-98-1
SUMMARY: Funding for this project was approved in the Fiscal Year 1998/1999 Budget. The bid for
this project was awarded to Crane of Ukiah, Inc. in the amount of $37,880.
The work on the contract was completed by Crane of Ukiah, Inc., in substantial conformance with the
approved plans and specifications on May 14, 1999. The final contract cost is $41,564.00. Final
payment of the 10 percent retention in the amount of $4,156.40 will be made to the contractor
following 30 days from the date the Notice of Completion is filed with the Mendocino County Recorder.
RECOMMENDED ACTION: 1) City Council accept the work as completed; 2) Direct the City Clerk to
file the Notice of Completion with the Mendocino County Recorder for Construction of the Fire
Department Training Tower Project, Specification No. FD-98-1.
ALTERNATIVE COUNCIL POLICY OPTIONS: None.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Bill Woodworth, Fire Captain
Marie Ulvila, City Clerk ~
Candace Horsley, City Manager
Bill Woodworth, Fire Captain
1. Notice of Completion
Candace Horsley, City)Manager
asr:asrnotcm
Please return to'
CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482
(707) 463-6200
NOTICE IS HEREBY GIVEN:
I ·
·
,
NOTICE OF COMPLETION
1
1
That the real property described is owned by the following whose address or addresses
are:
The City of Ukiah, a Public Entity
300 Seminary Avenue, Ukiah, California
That the nature of the title to the Fire Department Training Tower, Specification No. FD-
98-1 of all said owners is that of fee simple.
That on the 14th day of May 1999, the Contractor was actually completed·
That the name and address of the Contractor is Crane of Ukiah. Inc.. 4 Banker Blvd
Ukiah. California 95482 '-
That the real property herein referred to is situated in the County of Mendocino, State of
California, and is described as City street as follows:
City-owned oro.~erty identified as Ukiah Fire Department. 300 Seminary Avenue. Ukiah_
CITY OF UKIAH, a Municipal Corporation
By:
STATE OF CALIFORNIA)
COUNTY OF MENDOCINO)
MARIE ULVILA, CITY CLERK
I, Marie Ulvila, being duly sworn says· That she is the Clerk of the City of Ukiah City
Council, that she has read the foregoing Notice of Completion and knows the content thereof
and the same is true of her own knowledge.
MARIE ULVILA, City Clerk
Subscribed and sworn to before me this day of
Karen Yoast,
,1999, by
Notary Public in and for the County of
Mendocino, State of California
ITEM NO. 60
DATE: june 2, 1999
AGENDA SUMMARY REPORT
SUBJECT:
ADOPTION OF RESOLUTION WAIVING THE 60-DAY NOTIFICATION
REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY IN THE CITY,
PURSUANT TO GOVERNMENT CODE §25351
SUMMARY: The County Department of Mental Health has requested a waiver from the 60-day
notification requirement, as established by Government Code §25351, to lease property within
the City limits at 311 North State Street. Government Code §25351 provides for such a waiver
if the City Council adopts a Resolution to this effect. Without the waiver, the County would
simply have to wait the 60 days otherwise required by State law before leasing and occupying
the property.
As described in the attached letter, the Mental Health Department wishes to lease commercial
space at the subject location to provide vocational rehabilitation services to designated county
residents. Some of the 1,065 square feet will probably be used by the Adult Day Treatment
(Continued on Page 2)
RECOMMENDED ACTION' Adopt the Resolution waiving the 60-day noticing requirement
pursuant to the provisions contained in Government Code §25351.
ALTERNATIVE POLICY OPTIONS:
1. Do not adopt the waiver Resolution, thereby require the County to wait 60 days to lease and
occupy the property located at 311 North State Street.
Citizen Advised: N/A
Requested By: Kristy Kelly, Director, County Department of Mental Health
Prepared By: Robert Sawyer, Planning Director
Coordinated With: Candace Horsley, City Manager
Attachments: Waiver Resolution
Siglin Letter
APPROVED:~' _~/~. _., ,\
Can'~'~e Horsley, Cit!Manager
Page 2
Program and the Transitional Age Group which is currently housed in the adjacent space at 317
and 345 North State Street.
The site for this facility consists of a two-story, brick-faced commercial/office building located at
the northeast corner of North State and Smith Streets, diagonally across from the Palace Hotel.
The building consists of four ground floor commercial units, and four upstairs suites, wherein
other Mental Health Department facilities previously have leased space and established
community service operations.
The subject commercial/office building is zoned for a variety of commercial uses, and lies
amidst a commercially developed area. And, as stated, other county facilities have already
begun to operate in this building, where a past 60-day waiver was found to be in order by the
City Council. Accordingly, staff can find no reason to oppose the County's immediate use of this
site in the manner described, and, therefore, believes the 60-day noticing waiver is supportable.
Without the waiver, the Mental Health Department is put at risk of losing the office space to
another tenant, which would needlessly delay initiation of the cited services.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
WAIVING THE 60-DAY NOTIFICATION REQUIREMENT FOR
ESTABLISHING A COUNTY FACILITY WITHIN THE CITY LIMITS,
AS REQUIRED BY GOVERNMENT CODE §25351
WHEREAS,
1. Government Code §25351 requires that a County notify a City in advance of its intent to
locate a County facility in the incorporated area; and
2. Government Code §25351 further requires that said advance notification occur at least 60
days prior to use and occupancy of the County facility, unless the City Council waives the notification
requirement by Resolution; and
3. The Mental Health Department of Mendocino County has requested a waiver of the 60-
day notification requirement to lease property at 311 North State Street for the purpose of providing
vocational rehabilitation services to designated County residents; and
4. The granting of the waiver will enable the Mental Health Department to lease the property
and establish the vocational rehabilitation services in a timely manner, thereby avoiding loss of the
property to another prospective tenant; and
5. The property located at 311 North State Street is zoned for commercial use; lies amidst a
commercial district; and has other County facilities occupying adjacent space, thereby making the site
compatible with the intended County use, and not detrimental to any City code, policy, or anticipated use
of the subject site.
NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah grants the County of Mendocino Mental
Health Department a waiver of the 60-day notification requirement so as to lease the property at 311
North State Street in a timely manner in order to provide vocational rehabilitation services to County
residents.
PASSED AND ADOPTED on June 2, 1999, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Jim Mastin, Mayor
Marie Ulvila, City Clerk
Resolution No.
Page 1 of 1
M~Y-~?-i~9~ 18:$0
Administration
860 North Bush Street
Ukia~, CA 9~482
Phone (707) 463-4480
FAX (707) 463-5443
Uklah Mental H~altll Center
860 North Bush Street
Ukiah, CA 95482
Phone (707) 463-4303
FAX (707) 463-5443
MENDO CO MENTAL HEALTH
COUNTY OF MENDOCINO
MIINTAL HEALTIt SERVICES
Beth Martincz, M.P.A.
Interim Director
May 27, 1999
?074635443 P.02
Psychiatric Haalth Facilit~
Inpatient Services
860 North Bush Street
Uki~h, CA 95482
Phone (707) 463-4396
FAX (707) 463.5445
Coast Mental Health Center
790-B South Frnnklin Street
Ft. Bragg, CA 95437
Phone (707) 964.4747
FAX (707) 961-269g
City Manager
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Re: County Lease - 31 ] North State Street - Agenda Item for Next City Council Meeting
Dear City Manager:
The County ofMendocino, Dcpamnent of Mental Health, proposes to lease the office
property located at 311 North State Street in Ukiah. The intended use of this space is to
provide vocational rehabilitation services to designated county residents, Some of the
1,065 square feet will probably also be used by the Adult Day Treatment Program and the
Transitional Age Group house in adjacent space at 317 and 345 North State Street.
By way of this letter, the Department of Mental Health requests that the City Council
adopt a resolution waiving the 60-day notice requirement comained in the State of
California Government Code, Section 25351. The City's cooperation in granting this
request will enable depanmem staff to initiate services at this location during the month
of June 1999. The absence of such a waiver puts the department at risk of losing the
office to another tenant who is not constrained by such a notice requirement. This would
delay the initiation of services in a space that is imminently suitable to support an
existing program.
Thanle you for your assistance in this matter. If you have any questions or require
additional information, please vail me or Kristy Kelly, Mental Health Director, at the
number listed above.
Lester M. Sigl~n
Business Services Manager
cc:
Kristy Kelly, Mental Health Director
Kristy Furman, Clerk of the Board
Pete Haistad, General Services Director
TOTRL P.02
ITEM NO. 6~u
MEETING DATE: ne 2,
AGENDA SUMMARY REPORT
1999
SUBJECT: Joining amicus brief in Friends of the Earth v. Laidlaw Environmental
.Services
SUMMARY: The attached memorandum of Rick Jarvis invites the City to join an amicus
brief in support of Laidlaw Environmental Services in the above case. In my opinion, the
City should join this brief. As usual it costs the City nothing, but it shows the Supreme
Court that many cities support the decision of the 4"' Circuit which the Supreme Court will
review.
The attached memo explains the issue and its significance for cities. While the Clean
Water Act is an important and valuable piece of environmental legislation, it can be used
against small cities like Ukiah, in particular, in ways that can be devastating.
The City's recent experience with the action filed by Vichy Springs which attempted to use
the citizen suit provisions of the Resource Conservation and Recovery Act and the Clean
Water Act to force expensive changes to the City's landfill is a case in point. Because the
action was filed by a major San Francisco law firm, the City faced the prospect of paying
hundreds of thousands of dollars in attorneys' fees, if it had lost the case. Similarly, the
civil penalty provisions provide additional ammunition which can sometimes force a small
city with limited resources to make concessions simply because of the size of the potential
loss due to attorneys' fees and civil penalties.
Rich Jarvis describes other abuses at pages 3-4 of his memo.
RECOMMENDED ACTION: Authorize the City Attorney to sign and return a letter in the
form attached.
ALTERNATIVE COUNCIL POLICY OPTIONS: Do not join the brief.
Acct. No. (if NOT budgeted)'
Citizens Advised:
Requested by: David J. Rapport, City Attorney
Prepared by: David J. Rapport, City Attorney
Coordinated with: Candace Horsley, City Manager
Approved.~ _~~_,
S :~'¢~gend a99\Laidlaw.wpd
May 28.1999 1
05-27-1999 04:30PM FROM RAPPORT & MARSTON TO UKIAH P.02
By Facsimile to (510) 351-4481
[We ~vould prefer facsimile responses, wherever possible]
Prick W. Iatvis
Meyers, Nave, Riback, Silver & Wilson
777 Davis Street, Suite 300
San Leandro, CA 94577
Date:
[Please respond on or b~fore ]une
14, 1999]
Friends of the Earth v. La~dlan Environmental Services
Authorization to Add City to Amicus Brief
Dear Mr. Jarvis:
· The City/Town of hereby authorizes you to add its
name to the friend-of-the-court brief you are preparing in the case of Fr/ends of the
Earth v, Laidlaw Environmental Services. The City understands that you are preparing
this brief on a pro bono basis. The City further understands that it will incur no cost
by joining in your brief.
This authorization extends only to adding the city's name to the amicus brief
you are preparing in this amicus brief before the United States Supreme Court. You
will need to get supplemental authorization from me to add the city's name to any
further briefing efforts.
Thank you for your advocacy efforts on behalf of public agencies in this
matter.
Very truly yours,
[Signature]
City Attorney
J :\WPD~,-INILSW~ 16'~00g~kLrl~RZTN.ATy
[Print name]
05-27-1999 04:30PM FROM RAPPORT ~ MARSTON TO
UKIAH P.03
MICHAEL R. NAV~..
$"i'IIVEN R. MEYERS
ELIZAII"R,,! H. SILVER
MICHAEl.. $. RIBACK
KENN~-rH A. WILSON
O~VIo w. ~KINNIR
$~ T MA'I"FA$
M~(~HA~L F. ROO~tQUgZ
CLIFFOI~) F. C.,N~P~ELL
RICK W,
K~THLEEN ~AUmON, A~CP
8EN,J~MIN P. FAY
PAtaK ~I~LL
J~ W.
J~IE L.
~ R, gRO~HL
~ ~SEL
MEYERS, NAVE, R/BACK, SILVER & WILSON
.A PROI"ES$1ONAL LAW CORPORATION
GATEWAY PLAZA
777 DAVIS STREET, SUITE 300
SAN LEANDRO, CALIFORNIA 94577
TELEPHONE: (SlO) 351-4,300
FACSIMILE: (510) 35t-4481
MEMORANDUM
$55 IqP'rH STREET. SUITE 230
SANTA ROSA. CA ~5~01
TELEI~"i0NI: {707)
FAC~IMII.~: 1707)
C~NTRAL V.~iLL~' OFF_i~r
$~$0 C[.~MONT AvI~NuE
$'~0CX¥0N. CA
YEt,~PHONE: (20gl g$1,4010
FAC~IMrLE: 1209)
TO:
California City Attorneys
DATE: May 24, I999
FROM: Rick W. Jarvis
Friends of the Earth v. Laidlaw Environmental Services
U.S. Supreme Court Case No. 98-822
Memorandum on Why this Case Me~its Your City's Attexation
The purpose of this memorandum is to encourage your city to join in an amicus
brief our office is preparing in the above-referenced case. If your city wishes to join, please
fill out the enclosed authorization letter and return it to our office for receipt by Monday,
June 14, 1999.
ISSUE PRFSF .NTED~Y CASI:,:
Whether cidzen groups have Article III standing to seek recovery of dvil penalties
for alleged violations of the federal Clean Water Act?
BRIEF DESCRIPTIQN OF .C_AS. I:,:
In Friends of the Earth r. Laidlme Enrironmenml Sovices, 149 F.3d 303 (4th Cir.
1998), the Fout~ Circuit held that a citizen group does not have standing to seek an
award of civil penalties for alleged violations of the Clean Water Act. The court found
that, because the penalties were payable only to the U.S. Treasury, they would not
provide any remedy to the plaintiffs, and thus that plaintiffs lacked a sufficient Article III
interest to seek their recovery. While plaintiffs had originally sought civil dedaxatory and
05-27-1999 04:JIPM FROM RAPPORT & MARSTON
TO
TO:
FROM;
RE:
DATE:
PAGE:
League of California Cities' Legal Advocacy Committee Members,
Kick W. Jarvis,
Friends of the Earth v. Laidla~v Em, ironmental Services
May 24, 1999
2
UKIAH P.04
injunctive relief, they did not appeal the District Court's denial of such relief. Thus, any
justiciable controversy became moot when plaintiffs abandoned the only claims for relief
which would provide them some redress. In its decision, the Fourth District applied the
Supreme Court's recent holding in Steel Co. v. Citizens for a Better Environment, I 18 S-Ct.
1003 (1998) that citizens do not have standing to seek civil penalties payable to the
United States. The Supreme Court has now accepted certiorari review of the Laidla~v case,
apparently to resolve whether it really meant what it said in Steel Co.
THE _C_ASE .IS OF.MA!ORSiGNiFICANCE TO CITIES:
This case is of major significance to titles because.they are often the target of Clean
Water Act citizen suits, in which citizen groups have used the threat of potentially huge
civil penalties to "leverage".various concessions, including contributions to their own
causes. Cities are most vulnerable to these types of suits challenging their wastewater and
stormwater discharges.
Clean Water Act dtizen suits tend to be very one-sided against defendants. This is
because the Clean Water Act authorizes not only attorneys' fees and injunctive relief
against violations, but also civil penalties, payable to the U.S. Treasury, of up to $27,500
per day per violation, Citizens thus file enforcement actions against public and private
agendes seeking hundreds of millions of dollars in penalties for alleged violations. Citizen
groups face virtually no exposuxe in these actions (espedally where the attorneys represent
them pro bono, with the hope of recovering fees if they prevail), while the defendant will
have much to lose if not successful.
·
Cities have been targeted by citizen suits even where they believe, in good faith,
that they are in compliance with the Clean Water Act. Oftentimes, there will be
ambiguities in the Clean Water Act, or in NPDES discharge permits issued pursuant to
the Act, which can lead to expensive litigation. (See, e.g., Russian River Watershed
Protection Comm. v. City of Santa Rosa, 142 F.2d 1136 (gth Cir. 1998), in which a city
fended off a challenge in both district and appellate courts from a citizen group claiming
that both it and the Regional ]Board staff were misinterpreting its NPDES permit, Ashoff v.
Ci~ adc Ukiah, 130 F.3d 409 (gth Cir. 1997), in which a citizen group attempted to enforce
state law requirements under the Clean Water Act and other federal law.)
05-27-1999 04:31PM FROM RAPPORT & MARSTON TO
TO;
FROM:
RE:
DATE:
PAGE:
League of California Cities' Legal Advocacy Committee Members,
Rick W. Jarvis,
Friends of the Earth v. Laidlaw Environmental Services
May 24, 1999
3
UKIAH P,05
Further, compliance with an NPDES permit will, in some instances, be literally
impossible. For example, most NPDES permits issued by the Regional Water Quality
Control Boards, including municipal stormwater and wastewater discharge permits,
absolutely prohibit discharges which cause or even contribute to violations of receiving
water quality standards. However, due to the number of variables affecting water quality,
a city sometimes will be unable to ascertain whether it will help cause (or contribute to) a
water quality exceedance. This is particularly true in the case of stormwater, where a city
has only limited control over what pollutants stormwater may carry into its drainage
system. Nonetheless, the Ninth Circuit has held that NPDES prohibitions against causing
water quality violations are enforceable under the Clean Water Act. (Northwest
EnvtronrnentalAdvocates v. City of Portland, 11 F,3d 900 (9th Cir. 1995).)
Another problem with dvil penalties is that they can drastically increase the cost of
litigation in Clean Water Act eases. There often will be no dispute as to the existence of
NPDES or other Clean Water Act violations, or of what needs to be done to remedy the
violations, but a costly trial will nonetheless be required to determine what amount of
penalties is appropriate.
As an example of citizen suit abuses against dries, I was involved in one case in
which, as a condition of settlement of a suit challenging NPDES violations at a wastewater
treatment plant, the citizen group (United Anglers) insisted that the City of South San
Francisco pay $100,000 to fund a state investigation of pollution from abandoned mines
in the Central Valley (another target of United Anglers) well over a hundred miles away
from the City's discharges. In this case, there was no dispute that the City had hundreds
of NPDES violations, but, before the suit was even filed, the City (working with the
Regional Water Quality Control Board) already had a plan in place to install over $40
million in improvements to resolve the violations. (Indeed, we believe that it was
publicity from these efforts which attracted United Anglers' attention in the first place.)
The City took offense at being asked to pay money to a pet project of United
Anglers which would only help it file more lawsuits. At first, the City tried to negotiate
for the funds to be spent on a local project to benefit the environment where the
discharges occurred. When plaintiff refused to agree, the City then asked that the money
instead simply be paid to the U.S. Treasury as penalties, in strict accordance with the
Clean Water Act. Even though the Act only authorizes penalties to the U.S. Treasury,
and no payments to plaintiff, plaintiff refused these terms. Plaintiff countered that, if the
05-27-1999 04:32PM FROM RAPPORT & H~RSTOH TO UKI~H P.OG
TO:
FROM:
RE:
DATE:
PAGE:
League of California Cities' Legal Advocacy Committee Members,
Rick W. Jarvis,
Frien~ of the Earth v. Laidlaw Environmental Services
May 24, 1999
4
City wanted to settle based upon payment of penalties (rather than its own pet project),
the settlement demand would increase from $100,000 to $300,000. Because of a large
potential exposure to civil penalties, in addition to litigation costs, the City felt it had no
choice but to acquiesce. In its resolution approving the settlement agreement, the City
Council bitterly recited the facts leading up to the settlement agreement and stated:
"the City.further opposes the use by citizen groups of citizen suits under the
Clean Water Act, and the associated threat of enormous civil penalties, to
leverage contributions out Of cities and other defendants to fund other causes
important to the citizen groups but having no relationship to the defendants'
activities." (Res. No. 50-97, City Council, City of South San Francisco (copy
attached).)
It is also Worth noting that, in order to settle, United Anglers did not ask for any further
injunctive relief beyond the $40 million in improvements to which the City had already
committed before the suit was even brought. Thus, the case did not result in any change
in the way the City was operating the plant, but merely provided the opportunity for a
citizen group to come in and extract its "pound of flesh" for its own, independent
purposes.
A favorable decision by the Supreme Court in the Laidlaw case would go a long way
towards curbing these types of abuses and bring some balance to citizen enforcement of
the Clean Water Act. Citizens with legitimate concerns can still bring suit for injunctive
relief against ongoing violations. If the suit is successful (whether as a result of a trial on
the merits or because a defendant voluntarily brings itself into compliance before triM).
the citizen group can soil recover its attorneys' fees. Further, if a lawsuit results in a
finding of serious violations, the EPA or appropriate state agency could still act to assess
civil penalties. Citizens would simply be unable to seek payment of civil penalties to the
U.S. Treasury, and thus would not be tempted to use the threat of such penalties to
leverage additional demands from a defendant.
WHAT AN AMICUS B~tlEF FROM_ CITIES WILl. Al)0:
The proposed amicus brief would advocate the position that citizen groups do not
have standing to seek civil penalties payable to the U.S. Treasury because such penalties
do not provide any remedy to the citizen group itself. Further, it would argue that a claim
05-27-1999 04:~3PM FROM RAPPORT & MARSTON TO
UKIAH P.O?
TO:
FROM:
DATE:
PAG£:
League of California Cities' Legal Advocacy Committee Members,
Rick W. Jarvis,
Fr~mds of the Earth ~. Latdla~ Environmental Services
May 24, 1999
$
for penalties should be dismissed even if }oined with a claim for iniunctive relief over
which a federal court would have Article III iurisdiction. In other words, iust because a
plaintiff has standing to seek one type of relief, it does not have standing to seek another
type of relief. Finally, it would discuss experiences (such as South San Francisco's
experience discussed above) that California defendants have had with citizen groups
abusing their ability to seek civil penalties. In considering the scope of Artide IlI's
standing requirements and the appropriate role of federal courts, the Supreme Court may
find such experiences to be of interest.
The interest of the defendant in Laidlmv is somewhat narrower than the interest of
other potential defendants." In £aidlmv, there is.no live claim for injunctive or declaratory
relief, and the parties may not address the issue of whether a claim for penalties may be
joined with a claim for injunctive relief (even if a penalties claim by itself cannot stand on
its own). The Court may not adequately consider what impact its ruling will have in other
contexts, and its opinion may not provide dear guidance to lower courts who must apply
its decision to different facts.
Finally, the defendant in Laidlmv is a private business. An amicus brief from dries
would help stress to the Court the importance of its decision to public as well as private
entities.
PROCEDURAL .ISSUES
Petitioner filed its opening brief on May 17, 1999. Under an extended briefing
schedule authorized by the Court, respondents'brief (and thus, our amicus brief) is due on
June 17, 1999.'
If your dt7 w~shes to join in the brief, please fill out the enclosed authorization
letter and fax it back by June 14, 1999. Thank you for your consideration of this
important case.
J:\WPD~MN RSW~[ 16XOO~ES.W~
05-27-1999 04:3JPM FROM RAPPORT & MARSTON TO
UKIAH P.08
WHEREAS, the City further opposes the use by citizen gr~up~ of citizen
suits ~nder the Clean Wa=e= Act, and the associated th=eat o~ enon~OUS cavil
penalt£cs, to leverage contributions out of cities and other defendants to
fund other causes important to the citizen grougs but hav~ng no =elation~hip
=o the defendants' activities; and
WHEREAS, the City thus proposed ~ha~ the entire $100,000 i~ penalties be
pa~d directly to =he federal treasury as penalties, in str~¢t accordance with
the provisions of thc Clea~ Wa=e= A~t: and
WHEREAS, United Anglers, despite the City's objections, nonetheless
continued =o insist that the money be used for it& Central Valley project as a
cond%tion of settlement (agreeing only =c allow $10,000 2o be paid as actual
penalties to the Zederal treasury)~ and
WHEREAS, given the grea~ exposure to penalties, which could pose a
Po~entially great burden on ~he p~blic risc, the City feels th&~ it has no
choice but to reluctantly agree =o United Sd%glers' demands~ and
WHEREAS, Uni~edAngler~ also seeks reimbursement of Zees a~d costs in
the a~ount of $37,956.39, which amount the cou=t would be likely 2o awa=d; and
WHEREAS, the C~ty has negotiated a settlement of Unite~ Anglers in
accordance with ~he above terTn~, which would noC~equire the City to make .ny
i~P=ovements to nhe Plant in addition to thc ~mprovements it his already been
planning to make since before this litigation was filed~
WHRREAS, the City has also negotiated terms which will drastically li~it
=he ability of UnitedA~glers ~o bring another Clean Water Act citizen suit
against the city for future viola=ions of 2he NPDES Permit, pending the City's
completion of the planned improvements~
wHE~, Unit=d Anglers ha~ already approved and executed a proposed
Consent J~d~nen= in accordance with the above terns, a copy of w~£ch i~
attached hereto~
NOW, THEREFORZ, BE IT RESOLVED by the City Council of the city o~ South
San Francisco, that:
1. In order to se~tl~ the Clean ~ater Act litigation b=ought by
United Anglers against the City in terms consistent with those set forth in
the Recitals, legal counsel for the City is hereby authorized ~o execute the
proposed Consent Judgment in a form s~bstantially the sam~ as the copy which
is attached hereto, and any additional related documents to accomplish that
purpose.
~. The City Council further aucho=izes an amendment to the 1996-97
ope=a~ing Budget (BA ~) Adding $137,9~$.39 from th~ Sewer Enterprise
Reserve Fund for Payment of se=clement Co=ts. The City Manager iS authorized
=o Make all payments called for in ~he Consent Judgment, if an~ when it is
app=oved by the Court.
>5-27-1999 04:JJPM FROM RAPPORT ~ MARSTON
TO
UKIAH P.09
adopted by ~he C-~t~ Council of the Resolution was ~gula~l¥
NO£S:
ATTEST
ITEM NO. 8a
DATE: June 2, 1999
AGENDA SUMMARY REPORT
SUBJECT:
APPLICATION TO DEMOLISH A RESIDENTIAL STRUCTURE OVER 50 YEARS
OLD LOCATED AT 232 MASON STREET
SUMMARY: The owners of a single family residential structure located at 232 Mason Street have
applied for a demolition permit. The actual age of this structure is subject to some speculation (see
Pruden memo), although the record would seem to support a finding that it is certainly over 50
years old. Regardless of the structure's precise age, its current state of disrepair and neglect is
very extensive, and its apparent historical or architectural value is relatively non-existent.
However, since the structure is presumed to be over 50 years old, its demolition is subject to
review and approval by the City Council at a public hearing, in keeping with the relatively new,
Council-adopted demolition provisions (City Code §3016). Accordingly, as the attached
background material would indicate (including the CEQA exemption and the Demolition Permit
Review Committee recommendation), the subject structure is not historically or architecturally
(Continued on Page 2)
RECOMMENDED ACTION: Approve the demolition permit for the residential structure located at
232 Mason Street based on the finding that it does not possess historical or architectural
significance.
ALTERNATIVE POLICY OPTIONS:
1. Do not approve the subject demolition permit, and provide direction to staff as to the
structure's future disposition.
Citizen Advised: Standard public hearing procedures (newspaper, 300 ft. radius, applicant)
Requested By: Ferranti Construction, Inc. (owner/applicant)
Prepared By: Robert Sawyer, Planning Director
Coordinated With: Candace Horsley, City Manager
Attachments: Demolition permit application packet and historical profile
Demolition Permit Review Committee Minutes
Ca~-~ce Hor~ley, C~ty !anager
Page 2
significant, therefore approval of the demolition permit is recommended by staff.
As the Council will recall, the procedures for processing and approving demolition
permits relative to historical preservation changed rather significantly in December,
1998, when the Council adopted amendments to City Code §3016. The amendments
established criteria for determining historical significance; provided the applicant with
greater due process opportunities for structures possibly possessing historical
significance; and clarified the discretionary nature of the process, which initiated the
need to notice the public, hear the case in the context of a public hearing, and comply
with the California Environmental Quality Act (CEQA) prior to any Council action. It also
affirmed the existence of the Demolition Permit Review Committee as an advisory body
to the Council, and encouraged, though not mandated, the salvage of re-usable
materials if the demolition permit is approved.
Memo
To:
Frown:
Date:
Re:
Bob Sawyer, Planning Director
Judy Pruden, Chairman, Demolition Review Committee
May 24, 1999
232 Mason Street- Application for Demolition
The structure at 232 Mason Street is a vacant single family residence in a C-1 zoning
district.
This area, prior to the railroad era, was agricultural land. After 1889, the railroad
bisected the agricultural fields creating an industrial zone near the tracks and creating
inexpensive land for residential development.
E. M. Mason, a well-known contractor, built a wood mill between Clara Street and
Perkins Street and opened up the connecting street hereinafter called Mason Street.
Numerous irregular shaped lots were purchased in 1890-1900's and by 1911 there
were more than twenty small houses built on Mason Street.
However, 232 Mason Street has one major anomaly. The Sanborn Fire Map shows
a vacant lot at this address from 1910-1928. There is no record of a house on this
property in 1906.
The 1929-50 Sanborn Map shows the current structure as a "paste-over" meaning
the house was built between 1930 and 1949. I made two inspections of the property,
the second one for the interior. There are no 1906 materials in this building. The
shiplap siding, plywood interior walls, fir 2 x 4s, and building style are typical of the
1935- 46 period for Ukiah.
Eady reverse telephone directories indicate no long term residents at this address.
This means that from 1937 to the present the structure has been primarily used as a
rental unit. The structure has no significant historical value to the City of Ukiah based
on information for the research of this property.
Although there are no conditions placed on this demolition application in this
evaluation, the property owners should secure the house against vandalism and
Page 1
vagrancy. There is a large quantity of salvageable material which may attract a
person willing to demolish for salvage rights. There is also a possibility that a nearby
neighbor may be interested in moving the building for an ancillary structure onto their
property.
· Page 2
!
~2~-
·
~42 ---
NOTICE OF CEQA EXEMPTION
TO'
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
County Clerk
County of Mendocino
Courthouse
(Posted at 501 Low Gap Road)
Ukiah, CA 95482
From:
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
PROJECT TITLE: Demolition Permit- Single Family Residence
PROJECT LOCATION' 232 Mason Street
PROJECT DESCRIPTION' Demolish vacant and dilapidated single family residential structure,
pursuant to the provisions contained in City Code §3016.
PUBLIC AGENCY APPROVING PROJECT: City of Ukiah (City Council)
NAME OF PROJECT APPLICANT: Ferranti Construction, Inc.
CEQA EXEMPTION STATUS:
Ministerial
Declared Emergency
Categorical Exemption' Section 15301 Class 1.L.(1).
Statutory Exemption: Code Number
REASONS WHY PROJECT IS EXEMPT: Structure consists of one single family residence
possessing no apparent historical or architectural significance, and not listed on any City list of
historic places. Up to three structures having no historical significance are allowed under the cited
exemption.
LEAD AGENCY C/~,~ACT PERSON: Robert Sawyer TELEPHONE' (707)463-6206
TITLE: Planning Director' ' v
DATE: May 17, 1999
MINUTES
DEMOLITION PERMIT REVIEW COMMITTEE
May 11, 1999
MEMBERS PRESENT
Robert Sawyer, Planning Director
Carl Tuliback, Building Inspector
Rick Kennedy, Public Works Director
Judy Pruden - Chairperson
OTHERS PRESENT
None
MEMBERS ABSENT
Thom Parducci
The meeting of the Demolition Permit Review Committee was called to order at 4:15 p.m. in
Conference Room 4, 300 Seminary Avenue, Ukiah, California, by Chairperson Pruden. Roll was
taken with the results listed above.
.
APPROVAL OF MINUTES - May 11, 1999
ON A MOTION by Bob Sawyer, seconded by Carl Tuliback, it was carried by an all AYE voice vote
of the members present to approve the Minutes of May 11, 1999.
.
COMMENTS FROM THE AUDIENCE ON NON-AGENDA iTEME
No audience was present.
5. .APPEAL PROCESS
Chairman Pruden advised as no one was present who is unfamiliar with the appeal process she
dispensed with reading the process.
6. DEMOLITION PERMIT REVIEW AND RECOMMENDATION~
6A. 232 Mason Street Assessor's Parcel No. 002-153-07 Donald R. & Maril n Ferranti
Chairman Pruden advised she completed the evaluation, submitted her report, together with a copy
of the Sanborn Map, and asked for comments from the Committee. She also asked about the
attached Asbestos Demolition Renovation Notification from the County of Mendocino Air Quality
Management District.
Carl Tuliback responded Air Quality requested the form be included as part of the City's Demolition
Permit packets. The Building Department advises the applicant of the form, and it is the
responsibility of the applicant to provide all requirements to Air Quality.
Member Kennedy advised it is mandatory that prior to demolition of a structure, the building must
be inspected for asbestos substance by the Fire Department.
Chairman Pruden stated the Sanborn Fire Map shows a vacant lot at this address from 1910-1928.
There is no record of a house on this property in 1906. She made two inspections, the second
inspection on the interior. There were no 1906 materials in the building. She did locate a 1935 date
with no additional writing near the date. The 1929-1950 Sanborn Map shows the current structure
as a house built between 1930 and 1945. She strongly believes the structure was built before 1950,
and is 50 years of age. The plywood interior walls are typical of the 1935-1946 period for Ukiah.
She also stated there is a possibility the original structure burnt in 1906, which left the lot vacant for
a long period of time. There is no indication the structure was relocated to this site. The structure
has no significant historical value to the City of Ukiah, based on the conducted research of this
property. She advised there is a large quantity of salvageable material which could be reused.
She noted the house is not locked, and requested the house be secured against vandalism.
ON A MOTION by Bob Sawyer, seconded by Rick Kennedy, it was carried by an all AYE voice vote
of the members present, that the Demolition Permit Review Committee finds the structure at 232
Mason Street be considered not historically significant and recommends to the City Council approval
of the Demolition Permit.
Chairman Pruden stated the structure has been primarily used as a rental unit only.
7. NEW BUSINESS
N/A
8. ADJOURNMENT
There being no further business to discuss, the meeting was adjourned by Chairperson Pruden at
4:36 p.m,
Judy Pruden, Chairperson
Kathy Kinch, Recording Secretary
2:\demolition\051199.rain
]~tem No. 8 b
Date:.June 2, 1999
AGENDA
SUMMARY
REPORT
SUBJECT: Receive Public Comments and Make a Determination Relative to Allowing
Direct Access to the City of Ukiah Electrical System by Other Energy Providers.
REPORT: Assembly Bill 1890 mandated direct access for Investor Owned Utilities, while
excluding municipal utilities. Although AB 1890 did not mandate open or direct access for
municipalities, it gives public utilities the opportunity to participate. In order to do this AB
1890 requires that public utilities hold a public headng to discuss the issue of direct access
within their service area and make a determination to allow direct access or to leave the
service area closed to other energy providers. Should the Council make the determination
not to allow direct access at this time, this does not prevent the city from allowing direct
access in the future. In addition, it should be remembered that open access relates only to
the energy portion of the service being provided to electric customers.
While direct access would allow customers the ability to choose an energy provider
it would impose significant dsks to the City of Ukiah and it's customers. These dsks are as
follows:
1) Large customers may leave the service area causing a significant loss of revenue
that would require increasing rates, which would cause other customers to leave the service
area. This "death spiral" could eventually lead to default on city debt, which would have a
major impact on future funding of city projects and significantly higher electric rates for
those remaining on our system.
( Continued Page 2 )
RECOMMENDED ACTION- Deny Direct Access to the City of Ukiah's Electric System.
ALTERNATIVE COUNCIL POLICY OPTIONS: Open the City of Ukiah's Electric System to
Direct Access and Direct Staff to Develop an Implementation Schedule.
Citizen Advised: N/A
Requested by: Darryl L. Barnes, Director of Public Utilities
Coordinated with: Candace Horsley, City Manager
Attachment: 1) None
APPROVE~? "'"~~~t~anager
Candace I:-Iorsley,
( Page 2 )
2) The City would be responsible for measuring, billing and collection of other
providers' services. This would require additional resources including personnel, new
software and hardware, and the responsibility for settlement of bills between energy
providers.
3) Rates for the various service components must be unbundled and the true costs
to provide the services must be determined.
4) The City of Ukiah would be the default service provider. Although customers
choose an energy provider other than the city, the city would be required to maintain
enough energy to supply those customers should their provider fail to deliver.
5) Direct access would require a reduction of operating expenditures by
approximately $2.0 million annually, assuming the collection of a Competition Transition
Charge from customers leaving the system. Our current operating budget is only $3.1
million annually indicating that a $2.0 million reduction would severely curtail system
operation.
As can be seen, the risks associated with direct access are significant. In addition,
the cost of implementing direct access will negatively impact our cost of service, and could
place the city in a position of defaulting on its debt. Therefore, staff believes that it would not
be prudent to open our service area to direct access at this time. However, direct access
could be examined at anytime in the future, when the dsks to our customers are minimized.
ITEM NO, 9a
DATE: June 2, 1999
AGENDA SUMMARY REPORT
SUBJECT: SELECTION AND APPOINTMENT OF VICE-MAYOR
On April 12, 1999, Vice Mayor Kristy Kelly submitted her resignation from the City Council. On May
12, 1999 the City Council appointed Roy Smith to fill Kristy Kelly's unexpired term on the Council,
which will expire November 2000. The present City Council needs to appoint a new Vice-Mayor. For
background, the Vice-Mayor has historically been the Councilmember with the most tenure on the
City Council.
This matter was submitted for Council's consideration at their May 19, 1999 meeting, however,
Council desired to delay the appointment of Vice-Mayor until a full Council is present.
RECOMMENDED ACTION' By Motion, Appoint a Vice-Mayor for the Ukiah City Council.
ALTERNATIVE COUNCIL POLICY OPTIONS: Postpone the selection process for Vice-Mayor to a
later date.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
N/A
City of Ukiah City Council
Marie Ulvila, City Clerk
Candace Horsley, City Manager
Candace Horsley, City IV~anager
clerk~asrccvm
ITEM NO. 9b
DATE: June 2, 1999
AGENDA SUMMARY REPORT
SUBJECT: COUNCIL CONSIDERATION OF POSSIBLE BALLOT MEASURES FOR THE
NOVEMBER 1999 ELECTION
At the May 19, 1999 City Council meeting, Council received a report from the City Clerk regarding
a proposal to place a Ballot Measure before the voters at the November 1999 election to have the City
Clerk's position be appointive. Council discussed the matter at the meeting and entertained the
option of possibly including more than one measure on the ballot. Ballot measures discussed were:
a) Having the City Clerk's position be appointive; b) Having the Mayor's term be 4 years; and c)
Having each Council seat be numbered for election purposes. Council directed the City Clerk to
provide a cost analysis for a Special Election with multiple ballot measures.
On May 24, 1999 I had the opportunity to speak with Mendocino County Clerk Marsha Wharff
regarding this matter. She found it difficult to estimate the cost of a Special Election for ballot
measure(s) since various factors need to be considered, such as ballot printing costs, legal noticing,
and if other entities will be participating in the election.
Continued on Page 2
RECOMMENDED ACTION: 1) Discuss the issue of Ballot Measures for the November 1999 election;
2) Identify the Ballot Measure(s) to be included in the November 1999 election; 3) Approve Resolution
Calling for a Special Election as Part of Any Other Election Occurring on November 2, 1999; and 4)
Approve An Agreement Between the City of Ukiah and Mendocino County For Election Services.
ALTERNATIVE COUNCIL POLICY OPTIONS' Determine This Matter Is Not To Be Considered and
Delete Item From the Agenda.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
City Council
Marie Ulvila, City Clerk
Candace Horsley, City Manager
Marsha Wharff, Mendocino County Clerk
1. Resolution Calling for a Special Election on November 2, 1999
2. Agreement withMendocino County For Election Services
3. Tentative Election Calendar
clerk\asraptc2 Candace Horsley,
Page 1 of 3
Mendocino County Office of Education
Ukiah Unified School District
Districts Participating in November 1999 Election
On May 24, I conducted a survey of other entities in the County as to their plans for the November
1999 election. The survey revealed:
Participation Measures/Seats Measures/Seats
In 11/99 Election In the City Outside the City
Yes 1 - Ukiah 1 - Round Valley
Yes
3 within District (Redwood Valley
to Hopland)
Mendocino College
Yes
5 at large in Mendocino County
As you can see by the survey above, there are at least three (3) districts considering calling an
election in November. Paul Tichinin, MCOE, advised me that two (2) County-wide seats will be on
the Ballot. However, if no one runs for the vacancy in Ukiah, or if it goes uncontested, it would not
be necessary to have anything on the ballot for Ukiah.
Printing Costs:
During the past ten years, only the election of 1991 had both arguments and rebuttals filed concerning
ballot measures. However, funds should be allocated for printing arguments and rebuttals for each
measure presented on the ballot in order to anticipate maximum election costs. Some considerations
for printing costs include:
- City Attorney's Analysis of the Ballot Measure(s) - Not to exceed 500 words
- Arguments - Not to exceed 300 words
- Rebuttal Arguments - Not to exceed 250 words
If more than one argument against or for the Measure is received, all subsequent rebuttal arguments
must follow that particular argument.
Estimated Election Costs'
As noted in the above survey of districts, the City of Ukiah would be able to share election costs with
other districts in Mendocino County, thereby reducing the overall election costs. Research has
revealed that in previous years, the City's costs for elections have been:
Election Election Costs Ballot Measures includer~ City Council seats
Nov. 1991 $13,426.95 City Clerk & City Treasurer be appointed 0
March 1996 $ 7,820.11 City Clerk & City Treasurer be appointed 0
Nov. 1998 $ 7,533.80 Mayor appointed by Council 2
Mendocino County Recorder Marsha Wharff advised me that some election costs do not change,
such as the cost for election officers and acquiring polling places. It was her estimate that a base
rate, if you will, of $7,500 could be placed on the cost to hold a Special Election. Taking into
consideration approximately $500+/- per Ballot Measure for printing costs, the estimated cost for three
(3) ballot measures would be $9,000.
Page 2 of 3
Summary
In summary, printing and sharing election costs with other districts are the key factors in determining
the cost of an election. As I mentioned in a previous report to Council, if no other entity participated
in the election, our costs could very well double. However, all indications are that there will be other
entities participating in the November 1999 election.
Should Council desire to hold a Special Election in November, a Resolution and Agreement have
been included for your consideration. Please note that portions of the Resolution and Agreement are
shaded, should Council decide to amend the number of measures or their title.
Page 3 of 3
Attachment 1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 99-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
CALLING FOR A SPECIAL ELECTION AS PART OF ANY
OTHER ELECTION OCCURRING ON NOVEMBER 2, 1999
WHEREAS,
1. The City Council of the City of Ukiah has determined pursuant to Elections Code
§10400 to call a Special Election for November 2, 1999, to consolidate the Special Municipal
Election with any other elections occurring on November 2, 1999, and to contract withe the
County of Mendocino to conduct the election on the City's behalf; and
NOW, THEREFORE, BE IT RESOLVED, that;
1. A Special Municipal Election in the City of Ukiah is called for November 2, 1999.
2. The Special Municipal Election is consolidated with any other elections occurring in
November 1999.
3. The following ballot ~~i{i~ shall be presented to the voters at the Special
Election:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.r
4. The City Clerk shall transmit a copy of the ballot ~~ set forth in paragraph 3
to the City Attorney for the preparation of an impartial analysis as required by Elections Code
§9280.
5. The Mayor is authorized to sign on behalf of the City, the Agreement between the City
of Ukiah and Mendocino County for Election Services, a true and correct unsigned copy of
which is attached hereto as "Exhibit A" and incorporated herein by reference.
6. The City Council shall file ballot arguments in favor of the ballot ~~ set forth
in Paragraph 3 as contained in Exhibit A which is attached hereto and incorporated herein by
reference. If any argument is submitted in opposition to the measure, the Mayor is hereby
authorized to file a rebuttal argument on behalf of the City Council as authorized by Elections
Code §9285.
PASSED AND ADOPTED this
AYES: Councilmembers
NOES:
.. day of
,1999, by the following roll call vote:
ABSTAIN:
ABSENT:
ATTEST:
Jim Mastin, Mayor
Marie Ulvila, City Clerk
reso\bltmsr
Attachment 2
EXHIBIT A
AGREEMENT BE'I'VVEEN THE CITY OF UKIAH AND
MENDOClNO COUNTY FOR ELECTION SERVICES
WHEREAS, the an Election has been set for November 2, 1999, and the City Council of
the City of Ukiah desires that the Mendocino County Clerk shall conduct the election of
November 2 1999 for ~i!~i!i~ ~~ as submitted to the Board of Supervisors with
! :.: ~ ~:: ~ :.~..~.~.~.:.:.;.~..:.~.~.:.:.~<.: ...... ~.;.~.:.:.;.~.:.?<.~.~.?.:.:.:.:.?.~.~.:.:.:.:.:.:.:.~
request for consolidation at least 88 days before the election.
,
NOW, THEREFORE, the City of Ukiah and County of Mendocino agree as follows:
The Mendocino County Clerk shall provide the following services in connection with
conducting the November 2, 1999 Municipal Election, on the City's behalf:
a. Establish precinct boundaries to coincide with Statewide Election;
b. Designate polling places and appoint election officers;
c. Notify election officers of their appointment and instruct inspectors concerning their
duties;
d. Appoint and pay election officers;
e. Arrange for the availability of polling places, all supplies necessary for casting ballots,
and setting up voting booths;
f. Publish lists of precincts, election officers, polling places and hours polls will be open;
g. Verify signatures appearing on candidates nomination papers;
h. Provide sample ballots to each voter;
Receive absent voter applications, accept absent voter ballot returns, retain custody of
absent voter ballot, and count absent voter ballots; and
j. Provide Certificate of Mendocino County Clerk as to result of the Canvass, for approval
by the City Council.
2. The City Clerk of the City of Ukiah shall be responsible for:
a,
All functions of the City Clerk relative to arguments concerning City ~~ as set
forth in Elections Code §9200, et seq., including filing and accepting notices required;
b. Publication of the Notice of Election;
.
,
In consideration of the services rendered by the Mendocino County Clerk and described
herein, the city of Ukiah agrees to pay the actual direct costs reasonably attributed to the
City's Special Municipal Election, and a ten percent (10%) charge for association overhead
based upon a detailed invoice prepared by the Mendocino County Clerk and presented to
the City for payment.
Payment for services due under this agreement shall be made after billing is submitted by
the County of Mendocino.
Dated:
CITY OF UKIAH, CALIFORNIA
BOARD OF SUPERVISORS
MENDOCINO COUNTY, CALIFORNIA
By:
Mayor Jim Mastin
ATTEST:
By:
Chairman of the Board
ATTEST:
By:
City Clerk Marie Ulvila
By:
Clerk of the Board, Kristi Furman
election/ctyagrmt
Attachment 3
MENDOCINO COUNTY CONSOLIDATED ELECTION
Ballot Measures:
May or June, 1999
June 26-August 4, 1999
July 5, 1999
July 9, 1999
July 20, 1999
August 6, 1999
August 11, 1999
October 4, 1999
October 4, 1999
October 23, 1999
October 26, 1999
November 2, 1999
December 3, 1999
NOVEMBER 2, 1999
TENTATIVE CALENDAR FOR
CITY OF UKIAH SPECIAL MUNICIPAL ELECTION
City Council to approve Resolution & Agreement with County
to hold a consolidated Special Election
Public Notice of Election: one time only between these dates
Request for consolidation received in County Clerk's Office
Request for consolidation submitted to Board of Supervisors
(BO$) for placement on calendar by County Clerk
Request for consolidation on BO$ calendar
-Last day for arguments for and against measure
-Deadline to submit City Attorney's Impartial Analysis of the
Ballot Measure(s)
Last day for rebuttals
Last day to register to vote
First day absentee ballots are available
Public Notice of Central Counting Place by this date
Last day to receive regular absentee ballot applications
ELECTION DAY
Governing Board Members take office
Election/calndar3
AGENDA
SUMMARY
ITEM NO. 10a
DATE' JUNE 2; 1999
REPORT
SUBJECT: INTRODUCTION OF ORDINANCE AMENDING CHAPTER 4 ARTICLE 1 OF THI:
MUNICIPAL CODE TO BE TITLED PARKS, RECREATION, AND GOLF COMMISSION
At their respective April meetings, the Parks and Recreation Commission and Golf Advisory
Committee discussed and approved merging the two bodies to create a Parks, Recreation, and Golf
Commission. The purpose for combining the two bodies is to increase Commission efficiency and
effectuate a broader base of public representation through which the City's major recreational assets
can be discussed and improved.
Prior to October 1989 the Parks Commission and Golf Committee were one body. During this period
the Community Services Department (then Parks and Recreation) was experiencing significant activity
due to the availability of state park bond funds, growth and increasing recognition of the Grace
Hudson MUseum, and increasing City participation in providing recreation programs. It was the golf
community's feeling that, due to the amount of Parks Commission time being dedicated to these other
areas, golf course concerns were not adequately being addressed. Consequently, they requested
a temporary ad-hoc committee be created to allow specific input on golf course matters.
That Committee was created for a period of one year by Resolution 90-21. The Committee was
extended the following year for another single year term. By 1992 when the second Committee term
was to expire, the Golf Course was in the midst of significant change through the reconstruction of
the Clubhouse, the pending purchase of the back eight holes from the County, and the hiring of a new
Golf and Parks Superintendent. Based on these activities and the resulting need for public input, the
Council determined to continue the Golf Advisory Committee indefinitely.
(Continued on Page 2)
RECOMMENDED ACTION: Introduce ordinance revising Chapter 4, Article 1 of the Municipal Code
to be entitled Parks, Recreation, and Golf Commission.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine proposed revision requires further consideration and remand to staff with direction.
2. Determine proposed revision is inappropriate at this time and move to not introduce ordinance.
Citizen Advised' Parks and Recreation Commission and Golf Committee
Requested by' N/A
Prepared by' Larry W. DeKnoblough, Community Services Director
Coordinated with: Candace Horsley, City Manager
Attachments:
,
2.
3.
4.
5.
'
Cand-ace Horsley, Ci~ Manage
Proposed revised Ordinance
Original Ordinance No. 783
Excerpt from the April 12 Parks and Recreation Commission Minutes
Excerpt from the April 20 Golf Advisory Committee Minutes
Terms of City of Ukiah~Board and Commission Members
LD2
COMM.ASR
Both the Parks Commission and the Golf Committee expressed that this is an appropriate time to
combine the two entities to consider the City's recreational assets as a whole and increase the
efficiency of both bodies. In recent years the Parks Commission has had difficulty with recruiting full
membership. During this last term, the Commission operated with only six members and attendance
has been sporadic. Until recent joint sessions with the Golf Committee, the Commission schedule had
been reduced to quarterly meetings. The Commission and Committee both felt that combining the
two bodies will provide increased public interest and broader member representation which will result
in enhanced discussion of the issues common to both bodies.
Should the Council determine to proceed with combining the two bodies, staff recommends the new
commission ultimately be comprised of seven members, however, it is recommended that an attrition
period extending to June 30, 2002 be provided to allow all current terms to expire. Several members
will have terms expiring between June 30 of this year and 2002. The number of seats would be
reduced as these vacancies occur should the member in question opt not to continue. Of the eleven
members between the two bodies only three members are eligible to serve beyond June 30, 2002.
Attached for the Council's consideration is the proposed ordinance, which would establish the Parks,
Recreation and Golf Commission. The ordinance establishes an interim membership of the five Golf
Committee members and six current Parks Commissioners with a sunset date of June 30, 2002 to
reduce any remaining memberships greater than the required seven. Staff is recommending the
Council take action at this time to introduce the ordinance.
ORDINANCE No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING CHAPTER 4 ARTICLE 1, SECTION 1001 OF THE MUNICIPAL
CODE TO BE ENTITLED PARKS, RECREATION, AND GOIJF COMMISSION
The City Council of the City of Ukiah does hereby ordain as follows:
Section 1001 is hereby amended as follows:
Membership; Appointment: Between June 30, 1999 and June 30, 2002 said Commission shall
consist of all current members of the Golf Advisory Committee and the Parks and Recreation
Commission. Effective June 30, 2002 said Commission shall consist of seven (7) members as
follows:
1. one member of the Ukiah Men's Golf Club
2. one member of the Ukiah Women's Golf Club
3. one member of either the Men's or Women's Golf Club
4. four at large members, at least two of whom shall reside within the City limits,
and two of whom may reside outside the City limits but within the City's
Sphere of Influence.
All members of the Commission shall be appointed by the City Council.
This Ordinance shall be published as required by law in a newspaper of general
circulation published in the City of Uldah.
This Ordinance shall become effective thirty (30) days after adoption.
Introduced by title only on
, by the following roll call vote:
AYES'
NOES'
ABSTAIN:
Passed and adopted on ~
, by the following roll call vote:
AYES:
NOES: None
ABSENT: None
ABSTAIN: None
DP. DI~h\~;CE ~0. 783
AN ORI)[NANCE OF TIlE CITY COU~iC[L OF TIIE CITY OF
UKIAH REVISING CHAPTER 4 ARTICLE 1 AND IA OF
MUNICIPAL CODE TO BE ENTITLED "PARKS, RECRE,ITIO:I
AND CULTURAL ARTS CO~'E. iISSION ORDINANCE"
The City Council of the City of Ukiah does ordain as follows:
Section 1. Article 1 and lA of Chapeter 4 of the City of Ukiah :'Iunicipal
Code is hereby repealed and a new Article 1 is adopted:
Section - 1000 Creation
There is herby created a Parks, Recreation and Cultural Arts
Commission. This advisory body shall report to the City Council for the
City of Ukiah, California.
Section 1001 - Membership; appointment:
Said Commission shall consist of seven members who shall be
appointed by the City Council from the residents of the City of Ukiah.
Section 1002 - Term of Office; Vacancies
Ho members of the Recreation and Parks or Cultural Arts Commission
will lose their term of office by enactment of this ordinance. All
appointments to this commission shall be for a term of three years.
ReapP°intments to the Commission shall be pursuant to Chapter 4, Article
5 of the Hunicipal Code of the City of Ukiah.
Section 1003 - Duties and powers of the Commission
The Parks, Recreation and Cultural Arts Commission shall have the
power and duty to recommend and advise on:
(a) Policies to be adopted and enforced for the operation, use,
and management of all recreation and cultural arts activities
and facilities, parks and parkways.
(b) Policies for the planning of recreation, cultural arts and
parks program for the inhabitants of the City, promote and
stimulate public interest therein, and to that end solicit to
the fullest extent possible the cooperation of school
authorities and other public private agencies interested
therein.
(c) Policies for the acquisition, development and improvement of
parks, playgrounds, and facilities for cultural arts and Recreation.
Section 1004 - Expenses of members; no compensation
The members of the Commission shall receive no compensation, exceot
such traveling expenses as are authorized by law.
Section 1005 - Chairperson; 'Officers
'rite Commission shall elect a Chairoerson from among its members for
a term of one year and may elect such ether officers as it may
determine.
Section 2.
Ail ordinances or parts of ordinances inconsistent herewith are
hereby repealed.
Section 3.
This ordinance shall become effective on Juiv 1, 1982.
Section 4.
This ordinance shall be published as required by law in a newspaper
of general circulation published in the City of Ukiah.
..
PASSED AND ADOPTED THIS 5th day of May , 1982, by the
following roll call vote:
AYES: Councilmembers Hickey, Feibusch Snyder,~Ri/~y, Myers
NOES: None ' .
ABSENT: None i ~/~,._~j~ ~7
Hayor
ATTEST:
City Clerk
Mr. San(jiacomo reported there is a new Day Camp facility, complete with decking and additional
restroom facilities located at Todd Grove Park. The Ukiah Municipal Pool is scheduled to open the
first weekend in June. The Summer Day Camp Program will open on Monday, June 21, 1999, and
end the Friday before school begins. Staff will shortly begin intensive in service day camp and pool
training and development for the newly hired seasonal employees, who mostly consist of college
students.
Chairman Johnson inquired regarding an end-of-school-year field day at the Pool for the local
students wherein additional revenue would be generated by the students.
Mr. Sangiacomo replied he was supportive of the proposed field day, but stated the matter is
complicated because of the City's Use of Facility Agreement with the Ukiah Unified School District
in which any class who wants pool use is currently given priority. The Use of Facility Agreement
allows the City to have second priority of facility use, after use by the Ukiah Unified School District.
Mr. DeKnoblough replied he was in favor of a proposed field day as long as there is no increased
cost to the City Pool, despite the Reciprocal Agreement between the City and the Ukiah Unified
Scl'tool District in connection with facility use fees. He also replied another favorable aspect of a
proposed field day, if revenue generation was not possible, would be if the City received future
access to school facilities.
A brief discussion followed regarding the City Pool admission fees.
Mr. Sangiacomo stated Amy Thompson will return as Pool Manager.
c. Science Fair and Family Expo
Mr. Sangiacomo reported the City of Ukiah is again a sponsor for the free Science Fair and Family
Expo event commencing on Saturday, April 17, 1999. He further repoded there is a catalog
available which offers a complete outline of the events. He stated although the City does not have
to pay for its recreation publicity booth, the City is obligated to fulfill certain requirements associated
with being a Science Fair and Family Expo sponsor.
d. Reorganization of Parks and Recreation Commission
Mr. DeKnoblough reported on the proposed reorganization of the Ukiah Municipal Golf Advisory
Committee and the Parks and Recreation Commission to include consolidation of the two
committees for the purpose of increased committee business agenda, committee member
convenience, increased committee efficiency, and added committee diversity. He stated there
would be a total of seven committee seats, consisting of one member each from the Men's and
Woman's Golf Club and one from the general golf community, and four representatives from the
current Parks and Recreation Committee. He also stated the reorganization of the two
aforementioned committees would not preclude committee members who are golfers from being
one of the four representatives of the general public. He stated prior to 1990 the two Committees
were one entity.
Parks and Recreation Commission
Page 3
April 12, 1999
Commissioner Rones reported on the history of the Parks and Recreation Committee and
elaborated on the events which has led to the present Committee memberships. He stated he was
in favor of the proposed reorganization of the Parks and Recreation Commission to consolidate the
Parks and Recreation Commission and the Golf Course Advisory Committee to govern all the City's
recreational activities.
Mr. DeKnoblough stated Committee recruitment will take place over time as the current seats
become available so that no current participant will be eliminated. He further stated that by
Resolution a new definition for the Parks and Recreation Commission membership would be
created, which provides security to the Golf Course Committee members along with the
understanding this Committee will have significant representation.
He further stated he would like to schedule a special meeting to further discuss the Parks and
Recreation Commission reorganization as well as to discuss the City Budget.
It was the consensus of the Commission to proceed with the reorganization.
e. Orchard and Observatory Parks
Mr. DeKnoblough reported four Request for Proposals were sent to licensed landscape design
businesses regarding landscape construction of Orchard and Observatory Parks. An anonymous
donation was given on behalf of Observatory Park in the sum of $8,000 for landscaping.
f. Senior Center Program
Mr. Sangiacomo stated he recently met with Executive Director Phillips from the Ukiah Senior
Center regarding senior citizen activity expansion. He further reported the Ukiah Senior Center has
many program activities, but it has problems recruiting a sufficient number of participants. Although
no permanent plans have been made between the City and the Senior Center, there was discussion
between the two organizations regarding proposals for successful recreational program(s) which
would benefit both entities with ~evenue generation and increased participation.
g. Discussion of Golf Course Management
Mr. DeKnoblough presented a brief summary on the current Golf Course Management proposal
scenarios confronting the Golf Course.
Commissioner Rones stated it is the Committee members' obligation and responsibility to closely
examine all possible alternatives as well as to make recommendations regarding any future Golf
Course Management proposals. He further stated, in his opinion, there are four areas of concern
regarding the Golf Course Management proposals and they include the following:
.
Sell the Golf Course to eliminate the City's responsibility and debt;
Lease the Golf Course to an outside professional Golf Course Management organization;
Continue with the same management program whereby the City hires a Golf Pro contracted
to manage the Golf Course and Pro Shop;
Parks and Recreation Commission
Page 4
April 12, 1999
UKIAH GOLF COURSE ADVISORY COMMITTEE
April 20, 1999
MINUTES
MEMBERS PRESENT
Bob Burke, Chairman
Faye Hefte, Vice-Chairman
Don Rones, Sr.
Perry Ramsey
Elsie Nielson
STAFF PRESENT
Larry DeKnoblough,
Director of Community Services
Jeff McMillen, Golf Pro
Catherine L. Elawadly,
Recording Secretary
MEMBERS ABSENT
None
OTHERS PRESENT
Gene Hefte
The Ukiah Golf Course Advisory Committee was called to order by Chairman Burke at 5:37 p.m.,
at the Ukiah Civic Center, Conference Room 4, 300 Seminary Avenue, Ukiah, California. Roll call
was taken with the results listed above.
II. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one from the audience came forward.
II1. APPROVAL OF MINUTES - March 16, 1999 & March 30, 1999
ON A MOTION by Member Ramsey, seconded by Vice-Chairman Hefte, it was carried by an all AYE
voice vote of the members present to approve the minutes of the March 16, 1999 meeting, as
submitted.
ON A MOTION by Member Ramsey, seconded by Vice-Chairman Hefte, it was carried by an all AYE
voice vote of the members present to approve the minutes of the March 30,1999 meeting, as
submitted.
IV.
NEW BUSINESS
Discussion of Joint Budget Meeting of the Golf Course Advisory Committee and the Parks
and Recreation Commission on May 10, 1999
Director of Community Services DeKnoblough reported the Joint Budget Meeting commencing
on May 10, 1999, would include a discussion regarding consolidation of the Golf Course Advisory
Committee and the Parks and Recreation Commission. He reported a reorganization of the Ukiah
Golf Advisory Committee and the Parks and Recreation Commission is recommended by Staff for
the purpose of increased committee business agenda, increased committee efficiency, and added
committee representation. Additionally, having two consolidated committees would consequently
allow increased beneficial recognition of the City's recreational entities and/or assets. He stated
there would be a proposed total of seven committee seats, consisting of one member from the
Minutes of the Golf Course Committee
Page 1
April 20, 1999
Men's and Woman's Golf Club and one from the general golf community, and four seat
representatives from the current Parks and Recreation members.
Mr. DeKnoblough stated the proposed reorganization of the two aforementioned committees would
not preclude committee members who are golfers from being one of the four seat representatives
of the Parks and Recreation Commission.
Member Rones stated the Golf Course Advisory Committee and the Parks and Recreation
Commission used to be a sole entity, which managed the City's recreational assets. He further
stated he was in favor of the proposed reorganization of the Parks and Recreation Commission to
consolidate the Parks and Recreation Commission and the Golf Course Advisory Committee. He
reiterated the Golf Course Committee functions beyond being an advisory group and consolidation
would allow for increased Golf Course representation as well as elevate committee validity.
Member Nielson stated, in her opinion, the Golf Course would not receive adequate representation
should there be committee consolidation and, therefore, was not in favor of consolidation.
It was noted by the members that increased golf community representation, in addition to the
proposed three seat Golf Course representation, is probable since open recruitment may interest
a community golfer in serving on a City recreational committee.
Member Ramsey stated he understands the need for the Golf Course to have adequate
representation with regard to Golf Course decisions and supports the consolidation.
ON A MOTION by member Rones, seconded by member Ramsey, it was carried by an all AYE
voice vote of the members present to approve a Joint Budget Meeting of the Golf Course Advisory
Committee and the Parks and Recreation Commission from May 10, 1999, to May 18, 1999, and
to approve consolidation of the two bodies.
OLD BUSINESS
a. Discussion of City Council Meeting Date to Discuss Golf Course Management
Director of Community Services DeKnoblough drew attention to his letter, dated April 8, 1999,
addressed to the Golf community.
Vice-Chairman Heffe inquired regarding mailing of the above-mentioned letter along with
distribution of the Woman's Golf Club newsletter to its members.
Mr. DeKnoblough replied his letter can be mailed along with the Woman's Golf Club newsletter.
Mr. DeKnoblough reported at the regular May 19, 1999 City Council meeting, a discussion
regarding CourseCo, Inc., similar to the discussion held at the Special Golf Course meeting on
March 30, 1999, will be presented. He further reported the purpose of the Council meeting is not
to examine specific proposal content, but to hear the public's opinion regarding whether to lease the
Golf Course to a professional outside management business. He stated it became apparent with
regard to future management/operation of the Golf Course that certain mandatory changes were
necessary in order for the Golf Course to remain financially and competitively successful. As a
Minutes of the Golf Course Committee
Page 2
April 20, 1999
TERMS OF CITY OF UKIAH BOARD AND COMMISSION MEMBERS July 1, 1998
*Next Councilmember to nominate for appointment to this Commission/Board.
**Two Commissioners may reside within the City's Sphere of Influence
Date of Current Present Term Last Date
Plannina - 3 vear term - Ashiku* AoDointmen_t ~ To Serve
_ - -- 7/01/98 6/30/01 6/30/01
Eric Larson 7/17/96 6~30~99 6/30/02
Judy Pruden 7/01/98 6/30/01 6/30/01
Jennifer Puser 7/01/98 6/30/01 6/30/04
Mike Correll 7/02/97 6~30~00 6/30/03
Joe Chiles
Airport - 3 year term ** - Ashiku* 6/30/01
_ 7/01/98 6/30/01
Ken Fowler ** 7/01/98 6/30/01 6/30~04
Mark Ashiku 7/01/98 6/30/01 6/30/04
Doug Crane 7/01/98 6/30/01 6~30~04
Michael Whetzel 8/21/96 6~30~99 6~30~99
Mark Davis* *
Golf Course Committee - 2 ear term - Ashiku*
Donald E. Rones, Sr.- Parks and Recreation 7/16/97
Perry Ramsey - Men's Golf Club 7/02/97
Elsie Nielson - Public Member 7/01/98
Faye Hefte - Women's Golf Club 7/01/98
Robert F. Burke - Public Member 7/16/97
6/30/99 6/30/99
6/30/99 6/30/01
6/30/00 6/30/00
6/30/00 6/30/00
6/30/99 6/30/01
Parks and Recreation - 3 ear term ** - Mastin* 7/01/98
Fredrick Koeppel 7/01/98
Jon Henderson 7/01/98
James Mulheren 7/17/96
Susan Johnson 7/17/96
Don Rones
Jeffrey Anderson: RESIGNED 1/18/95
7/17~96
Mike Woskow**
6/30/01 6/30/04
6/30/01 6~30~04
6/30/01 6/30/04
6/30/99 6/30/02
6/30/99 6130102
6/30/99 6~30~02
6/30/99 6/30/02
Desiun Review Board 6/30/95(Retro) 6/30/01 6/30/01
Thom Parducci, Chairperson 6~30~95 (Retro) 6/30/01 6/30/01
DeDe Ledford 1/20/99 6/30/01 6~30~04
Marge Boynton 10/15/97 10/15/00 10/15~00
Donna Berry 6/30/00 6130103
Joan Schlienger (at large) 2/18/98
*First l~ree terms were to expire in 1995, however, individuals not nominated until 6/19/96. It was necessary for these terms to
expire in 1998, therefore, their 6/19/96 appointment was retroactive to 6/30/95 for purposes of their terms.
Investment Oversi ht Committee - Pubhc Member 2- ear term Mast~
Candace Horsley - City Manager
Gordon Elton - Finance Director
Phil ^shiku - City Councilmember
Monte Hill - Public Member 7/01/98 6/30/00
Allen Carter - City Treasurer, Chair
N/A
Terms- Page 1 of 2
AGENDA
SUMMARY
ITEM NO. 1 Ob
DATE: .. June 2, 1999
REPORT
SUBJECT: ADOPTION OF RESOLUTION APPROVING ADOPTION OF CALIFORNIA
PUBLIC EMPLOYEES' 457 DEFERRED COMPENSATION PLAN
In the recently ratified Fire Unit Memorandum of Understanding, the City of Ukiah agreed
to adopt the CalPERS 457 Deferred Compensation Program in addition to the two existing
deferred compensation programs currently offered to City employees. Adding the
CalPERS 457 Plan to our existing deferred compensation programs will give employees
in all Units added alternatives in terms of investment selection, price, and flexibility.
There is no cost to the City for the addition of the CalPERS 457 Deferred Compensation
Plan, nor does it create any obligation to the City or its employees. The City contracts
directly with CalPERS. All assets in the program are held in trust by the CalPERS Board
for the exclusive benefit of the participants. There is no minimum balance or level of
participation required for offering the program to our employees. Employees participating
in the program are free to move their money at any time to any other deferred
compensation provider the City offers
The adoption process is codified in state law and allows the City to adopt the program with
a simple resolution of the City Council approving the adoption of the CalPERS Plan.
Attached for your review are copies of the CalPERS 457 Deferred Compensation Plan
Document, the Employer Adoption Agreement, and the Resolution Approving Adoption of
the California Public Employees' Deferred Compensation Plan. Staff recommends
approval of this resolution authorizing the City Manager to sign the Employer Adoption
Agreement.
RECOMMENDED ACTION:
.
Adopt Resolution Approving Adoption of California Public Employees' Deferred
Compensation Plan.
ALTERNATIVE COUNCIL POLICY OPTIONS:
.
Do not adopt Resolution.
Refer to staff for additional information.
Citizen Advised: N/A
Requested by:
Prepared by:
Coordinated with:
Attachments:
City of Ukiah Fire Unit
Melody Harris, Personnel Officer
Candace Horsley, City Manager
1. Resolution Approving Adoption of California Public Employees'
Deferred Compensation Plan
2. CalPERS 457 Program Employer Adoption Agreement
3. CalPERS 457 Deferred Compensation Plan Document
APPROVED: ~' .--~~~
Candace Hor'sley, ~ity ~anager
3:~oer~pers457.asr
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
APPROVING ADOPTION OF CALIFORNIA PUBLIC EMPLOYEES'
DEFERRED COMPENSATION PI_AN
WHEREAS, the City of Ukiah desires to establish an additional deferred compensation plan
for the benefit of its employees; and
WHEREAS, the Board of Administration (the "Board") of the California Public Employees'
Retirement System ("CalPERS') has established the California Public Employees Deferred
Compensation Plan (the "CalPERS Plan") which may be adopted by a governmental employer the
employees of which are members of CalPERS; and
WHEREAS, the City of Ukiah believes that the CalPERS Plan and the investment options
available thereunder will provide valuable benefits to its employees; and
WHEREAS, the Board has appointed State Street Bank and Trust Company and State Street
Bank and Trust Company of California, N.A. (collectively, "State Street") to perform administrative
services under the PERS Plan and to act as the Board's agent in all matters relating to the
administration of the CalPERS Plan;
NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah adopts the CalPERS Plan for
the benefit of its employees and authorizes and directs the City Manager to execute the attached
adoption agreement on behalf of the City of Ukiah, to provide State Street with the specific terms
and conditions of the City of Ukiah's participation in the CalPERS Plan, and to provide State Street
with such information and cooperation as may be needed on an ongoing basis in the administration
of the CalPERS Plan. A copy of this resolution, the agreement, and any attachments thereto shall
be on file in the Personnel office.
PASSED AND ADOPTED this
AYES:
NOES:
ABSENT:
ABSTAIN:
.. day of June, 1999, by the following roll call vote:
ATTEST:
Jim Mastin, Mayor
Marie Ulvila, city Clerk
3:~oer~rs457.res
CaLPERS 457 PROGRAM
California Public Employees' Retirement System
CalPERS 457 Deferred Compensation Program
EMPLOYER ADOPTION AGREEMENT
By executing this Agreement, the employer identified below (the "Employer") adopts the California Public Employees' Deferred Compensation
Plan (the "Plan") for the benefit of its employees. The Employer further agrees and represents as follows:
1. The Employer is a political subdivision of the State of California eligible to adopt the Plan for the benefit of its employees.
2. The Employer has duly adopted a resolution (copy attached) or taken such other official action as required for its lawful adoption and
implementation of this Plan and has authorized the undersigned to execute this agreement on behalf of the Employer.
3. The Employer has been furnished with and reviewed a copy of the Plan document which explains the rights and obligations of the
Employer under the Plan, as well as the rights and options available to the Employer's employees under the Plan; the Employer agrees
to follow the terms of the Plan document, which are incorporated herein by reference.
4. The Employer understands and agrees that all amounts deferred under the Plan are to be invested in the Public Employees' Deferred
Compensation Fund (the "Fund'), an investment entity established to hold amounts deferred under the Plan, and that the Employer
shall have no right to sell, redeem, or otherwise liquidate its investments in the Fund, except as provided in Aa'fide 9 of the Plan.
5. The Employer understands that, except for certain responsibilities delegated to the Employer under the Plan, the administration of the
Plan and Fund is subject to the exclusive control of the Board of Administration of the Public Employees' Retirement System (the
"Board"). The Employer further understands that the board has appointed State Street Bank and Trust Company and State Street Bank
and T,,rust Company of California, N.A. (collectively, "State Street") to perform administrative sentices under the Plan and to a
Board s agent in all matters relating to the administration of the Plan- .t.~ c__, ......... ct as the
, u,c ,-.n,la~oyer agrees to oem mrecuy with State Street (or any
successor agent duly appointed by the Board) on all matters relating to its participation in the Plan and to cooperate with State Street
in the dissemination of Plan information to the Employer's employees.
6. The information set forth on the attached specifications page is complete and accurate and may be relied upon by the Board and State
Street in the administration of the Plan on behalf of the Employer and its employees, unless and until the Employer has provided State
Street with a written modification of such specifications.
7. The Employer has been furnished with a copy of a manual that describes the procedures to be followed by the Employer in the
administration of the Plan for its employees, and the Employer agrees to adhere to the procedures set forth in that manual, and in any
revisions thereof or procedural notices that are hereafter furnished, to the Employer.
8. The Employer agrees to make the Plan available to its employees and otherwise to abide by this Agreement commencing on the
effective date shown on the attached specifications page; this Agreement shall remain in full force and effect unless terminated by the
Employer or the Board upon sixty (60) days prior written notice.
(Name of Employer)
By:
(Tide)
Date:
Accepted by State Street Bank and Trust Company on behalf of the Board of Administration of the Public Employees' Retirement System
By:
Date:
CalPERS Ol 5 - 7/98
Witness:
C~PERS 457 PRocmta~t
CALPERS 457 DEFERRED COMPENSATION PLAN DOCUMF_aNT
(AS AMEND. 111198)
The purpose of this Plan is to provide deferred compensation for California public employees that elect to participate in the Plan. This Plan is established
pursuant to sections 21670 through 21685 of the Government Code of the State of California and is intended to constitute an "eligible deferred compensa-
tion plan" within the meaning of Section 457 of the Federal Internal Revenue Code.
ARTICI.I~. I - DEFINITIONS
The following terms when used herein shall have the following meaning:
1.1 .kc. out:
The bookkeeping account maintained with respect to each Partidpant which reflects the value of the deferred compensation credited
to the Participant, induding the Participant's Deferrals, the earnings or loss of the Fund (net of Fund expenses) allocable to the
Participant, any Transfers for the P ' ' '
arucapants benefit, and any distributions made to the Participant or the Participant's Beneficiary.
1.2 Adoption Agreement:
The agreement under which an Employer becomes a participating Employer under this Plan.
The person or persons designated by the Participant to receive distributions from the Participant's Account after the Participant's death.
1.4 Board:
The Board of Administration of CalPERS.
1.5 Code:
The Federal Internal Revenue Code of 1986, as amended from time to time.
1.6 Deferral:
An amount credited to a Participant's Account by reason of the Participant's agreement to defer a portion of his or her salary or wages.
1.7 Deferral Agreement:
The agreement between an Employer and an Employee, induding any amendments thereto, which specifies the amount of Deferrals to
be made by the Employee. Each Deferral Agreement or amendment thereto shall be made or confirmed in writing under procedures
established by the Board.
1.8 Eligible Deferred Compensation Plan:
A plan maintained by any employer that constitutes an "eligible deferred compensation plan" within the meaning of Section 457 of the
Code and that has at all relevant times induded the deferral limitations set forth in Section 457(b).
1.9 Employee:
Any individual who is a common law employee of an Employer and is a member of CalPERS or for whom the Board is otherwise
authorized to administer this Plan under the Government Code.
1.10 Employer:
Any political subdivision of the State of California for which the Board is authorized to administer this Plan under the Government
Code and that has become a participating employer under this Plan pursuant to Article II. Where required by the context, references
to the Employer shall mean the current or former Employer of the Employee or Participant.
CaIPER~ 02lA - 7/98
(1 ofll)
1.11 Fund:
The Public Employees' Deferred Compensation Fund that has been established as part of the Plan pursuant to section 21676 of the
Government Code. For purposes of Section 8.1 of this Plan, the Fund shall not include the asset management and services account
maintained pursuant to section 21678 of the Government Code.
1.12 Government Codm
Those statutes of the State of California that have been codified as the Government Code.
1.13 Includible Compensation:
A Participant's calendar year compensation from the Employer that is indudible in gross income for Federal income tax purposes.
Such term does not include any Deferral excludable from gross income under this Plan or any other amount excludable from gross
income under Section 457(a), 403(b), 401(k), or 125 of the Code. Indudible Compensation shall be determined without regard to
any community property laws.
1.14 Investment Option:
1.15
One of the available alternatives for crediting investment earnings to a Participant's Account, which shall be based upon the
performance of one or a combination of the investment portfolios maintained under the Fund.
No~t.~! Retirement Agra
The age used to determine the three-year period in which a Participant may utilize the catch-up limitation under Section 4.2. A
Participant may designate as his or her Normal Retirement Age the age that will be attained in any Year that is not earlier than the
earliest Year in which the Participant will be eligible to retire without actuarial or similar reduction under CalPERS or another
retirement system and that is not later than the Year of the Participant's Required Beginning Date. Once a Participant has utilized the
catch-up limitation under Section 4.2 or under a comparable provision of another Eligible Deferred Compensation Plan, that
Participant's Normal Retirement Age may not thereafter be changed.
1.16 Partidpant:
Any Employee or former Employee for whom a Deferral has been credited under the Plan and for whom an Account is maintained.
1.17 CalPERS:
The Public Employees' Retirement System of the State of California.
1.18 Plan:
The California Pubhc Employees' Deferred Compensation Plan established pursuant to sections 21670 through 21685 of the
Government Code, the terms of which are set forth in this Plan document. To the extent required under Section 457 of the Code, each
Employer's participation in this Plan shall be treated as a separate plan, and each Employer's separate plan shall be deemed to indude
any other Eligible Deferred Compensation Plan maintained by that Employer.
1.19 P. eq~ Begi~'nning Date:
April 1st of the Year following the Year of a Participant's attainment of age 70-1/2 or Separation from Service, whichever is later.
1.20 Separation from Service:
The cessation of an Employee's active employment with an Employer. The standards applicable under section 402(d)(4)(A)(iii) of the
Code shall apply in determining whether a Participant has had a Separation from Service with the Employer. An Employee's rights
upon Separation from Service with an Employer shall be unaffected by whether the Employee thereafter becomes an Employee of
another Employer that has adopted this Plan.
1.21 Transfen
An amount credited to a Participant's Account by reason of a transfer from another Eligible Deferred Compensation Plan.
CalPERS 02lB - 7~98
(2 ofll)
1.22 Unforeseeable Emergency:
A circumstance of severe financial hardship to the Participant (or Beneficiary after the death of the Participant) resulting from a sudden
and unexpected illness or accident of the Participant (or Beneficiary, as applicable) or of a dependent (as defined in Section 152(a) of
the Code), loss of property due to casualty, or other similar extraordinary or unforeseeable circumstances arising from events beyond
the control of the Participant (or Beneficiary, as applicable). A need to send a child to college or to purchase a new home shall not
constitute an Unforeseeable Emergency.
1.23 Year:.
A calendar year.
ARTI~ 2 - EMPLOYER PARTICIPATION
2.1 Initial Participation:
This Plan shall be available to the Employees of an Employer only if the Employer has executed an Adoption Agreement and provided
the Board with such information as the Board deems necessary to administer the Plan on behalf of the Employer.
2.2 Terms of Partlcipation:
By executing an Adoption Agreement, an Employer agrees to adhere to all terms and conditions of the Plan, to invest all Deferrals and
Transfers in the Fund, and to follow all administrative procedures established by the Board. Except as otherwise provided herein, the
terms of this Plan shall apply on a uniform basis to all Employers participating hereunder.
2.3 Duration of Employer Participation:
In the event that an Employer withdraws from participation in the Plan, all amounts credited to the Accounts of the Employer's
participating Employees will continue to be hdd in the Fund and will be distributed in accordance with the terms of the Plan, except
to the extent of any dective transfers from the Plan pursuant to Section 7.2.
ARTI~ 3 - EMPLOYEE PARTICIPATION
3.1 Eligibility:
Except as provided in section 21670 of the Government Code, all Employees of an Employer shall be eligible to participate in the Plan.
3.2 Initial Enrollment:
In order to become a Participant, an Employee must enter into a Deferral Agreement, which shall become effective no earlier than the
calendar month following the month in which the agreement is made. A Deferral Agreement will be given effect only if the Deferral
amount elected therein satisfies whatever minimum the Board may establish, and the Employee provides all information called for on
the agreement form.
3.3 Effect of Deferral Agreement:
Commencing with the effective date of an Employee's Deferral Agreement, his or her gross salary or wages shall be reduced by the
Deferral amount specified in the Deferral Agreement. Deferrals shall continue to be made in such amount unless and until the Deferral
Agreement is amended or the Employee has a Separation from Service with the Employer. Subject to the limitations of Article IV,
Deferrals shall not be subject to Federal or California income tax withholding and shall not be reported as gross income on the
Employee's annual wage statement (Form W-2). However, Deferrals shall be subject to FICA taxation when earned.
3.4 Amendment of Deferral Agreement:
A Participant may amend or revoke his or her Deferral Agreement at any time, provided, however, that no change in the amount of a
Participant's Deferrals will become effective until the calendar month following the month in which the Deferral Agreement is amended.
3.5 Investment Options:
CalPERS 021C - 7/~8
Upon enrollment, the Participant shall designate the Investment Option or Investment Options to which his or her Deferrals are to be
~a~nTd;tsd'2 ~P~acc~tP2~ ZYt ~maer~ be~te ~r..e..-~all~oc~ t_.e~_his_o,_r_h__e~r Acco_u,_,nt b. alance ,a~n,ong.th.e availa, b!e Investment Opdo~. The minimum
to such lmu~auons ~n~ procedu[e~ as ~hTi~'~fT~ne~ime::o~iPmne°~st'ab~hTe tumng and frequency of re allocauons shall be subject
(3ofll)
5.6 Beneficiary Designation:
Upon enrollment, the Participant shall designate a Beneficiary to receive distributions from the Participant's Account in the event of
the Participant's death. A Participant may change his or her designated Beneficiary at any time, provided that an amended Beneficiary
designation shall be given effect ,only if it is signed by the Participant and delivered to a Plan representative (or post-marked for
ddivery) prior to the Participant s death. A Participant may designate any person or persons as Beneficiaries. Unless otherwise rovided
i_n ~e. Beneficiary designation form, each designated Benefic;~, shall be enti-~a ....... , _L ....... P
Pardca-ant's death If the Partici an ..... "7: _ ~ ,~, cqu~u snares otme oenents payable after the
F · p t vans to aes~gnate a Beneficiary, or if no designated Beneficiary survives the Participant for a period
of fifteen (15) days, then the estate of the Participant shall be the Beneficiary. Notwithstanding the foregoing, a Participant's Beneficiary
designation shall not be given effect and shall be overridden to the extent that such a designation would impair the fights of any
surviving spouse under apphcable law.
3.7 Addldonal Deferrals:
An Employer may make additional Fund investments with respect to any Employee, resulting in additional credits to the Account of
such Employee. Any such additional credits shall be treated as Deferrals for all purposes of the Plan. The Employer shall notify the
Board of any such additional Deferrals, and each Employee for whom such Deferrals are to be made must complete a Deferral
Agreement, regardless of whether elective Deferrals are to be made by such Employee.
ARTICLE 4 - DEFERRAL LIMITATIONS
4.1 General lJmitadon:
Except as provided in Section 4.2, a Participant's Deferrals for a Year shall not exceed the lesser
(a) $8,000 (or such greater dollar limit as may be in effect under Section 457(e) of the Code), or
(b) 33-1/3% of the Participant's Indudible Compensation for the Year.
4.2 Catch-up Limitation:
Ifa Participant has designated a proper Normal Retirement Age in the manner established by the Board, then for one or more of the
three (3) Years ending before the Year in which a Participant attains that Normal Retirement Age, the Participant's Deferrals shall not
exceed the lesser oE
(a) $15,000 (or such greater dollar amount as may be in effect under Section 457 of the Code), or
(b) the limitation under Section 4.1, plus the portion of the limitation under Section 4.1 that was not used by the Participant in a
prior Year commencing after 1978. A prior Year shall be taken into account under this paragraph only if the Participant was
eligible in that Year to participate in this Plan or in any other Eligible Deferred Compensation Plan.
4..3 Coordln~,tion with Other Plans:
The limitations under Section 4.1 and 4.2 shall be reduced by any amount exduded from the Participant's gross income for the same
Year (or any prior Year taken into account under Section 4.2) under Sections 402(e)(3), 402(h)(1)(B), 403(b), 457(a), or 501(c)(18) of
the Code under a plan maintained by the Employer or any other employer, except that the limitation under Section 4.1 (b) shall not
be reduced by any amount exduded from gross income under a plan maintained by another Employer.
ARTICIAE 5 - PARTICIPANT ACCOUNTS
5.1 Crediting of Accounts:
· -.
inABve~DD;~a]~hTFd2~an~f~s.~wij~d~ ~r~p..e...~.ut.o~ P_ ~a~_m'_ _'0?ant sh ted, to_the Participant's Account as of the date such amounts are
. _ _ ~,.,.~,,~,m~.c w~u, utc proceuures estaDllSneQ Ov tile Board The Em4,~-,,-- ~g,.,ll ...... II I"~_£___ I -- ~ r
to De invested ;- -~,., c.._a ........... · ., e . - · r- 'v'-- o...~ .~ ~,, x.,~errms uno lransrers
_ . · .... ,. xm,u a~ aoon as practicable after SUCh amounts are withheld c-.~,,., .h~ o.-:_: .... ,_ __, ,.,
· .... k ...... c_ _ , ,. ., ...... u.~, ,~ uula~mt s ~axary or wa~es or are availaole
ttom utc u~ms~eror plan, as applicable. ~
CalPERS 02ID - 7~98
(4ofll)
5.2 Accoant Balances:
The value, or balance, of each Participant's Account shall equal the aggregate value of the Fund investments hdd with respect to the
Participant, based on the Investment Options selected by the Participant, and the method of valuation established by the Board. Each
Participant shall periodically receive a statement which shows his or her Account balance and summarizes any credits or other
transactions since the preceding statement. In the event that an individual has participated in this Plan by reason of employment with
two or more Employers, separate Accounts shall be maintained for such individual with respect to each employment relationship.
AI~CLE 6 - DISTRIBUTIONS
6.1 Commencement of Distributions upon Separation from Service:
Upon a Participant's Separation from Service with an Employer, the Participant may dect to receive distributions under one of the
opdonal distribution forms described in Section 6.2, commencing no earlier than the sixty-first (61st) day following the date of the
Participant's Separation from Service, or the Participant may decta deferred commencement date under Section 6.3. If neither such
dection is made within sixty (60) days of the Participant's Separation from Service, distributions shall commence under the Default
Distribution Option as soon as practicable thereafter. Except as provided in Sections 6.5 and 6.6, no amount will be distributed from a
Participant's Account before the sixty-first (61st) day following the date of the Participant's Separation from Service with the Employer.
6.20pdonal Distribudon Forms:
Prior to the commencement date under Section 6.1 or Section 6.3, as applicable, the Participant may elect to have his or her Account
distributed in one of the following forms:
(a) a single lump sum payment;
(b) substantially nonincreasing installment payments for a period of years (payable on an annual, semi-annual, quarterly, or
monthly basis) which extends no longer than the life expectancy of the Participant or such longer period as permitted under
Section 6.8;
(c) partial lump sum payment of a designated amount, with the balance payable in substantially nonincreasing installment
payments for a period of years, as described in paragraph (b); or
(d) annuity payments (payable on an annual, quarterly, or monthly basis) for the Participant's lifetime, or for the lifetimes of the
Participant and the Participant's Beneficiary if permitted under Section 6.8;
(e) such other form of installment payments as may be approved by the Board consistent with the limitations of Section 6.8.
No dection of a distribution form under this Section 6.2 may be made or changed after the commencement date for such
distribution form.
6.3 Deferred Commencement Datm
Not later than sixty (60) days following the date of the Participant's Separation from Service, the Participant may decta deferred
commencement date for part or all of the Participant's Account balance. Such date may not be later than the Participant's Required
Beginning Date. Unless an optional distribution form is dected before that deferred commencement date, the Participant's Account
shall then be distributed under the Default Distribution Option. A Participant's dection of a deferred commencement date under this
Section 6.3 shall be irrevocable, provided, however, that ifa Participant's deferred commencement date is later than December 31, 1996,
the Participant may, at least 30 days prior to such date, decta later deferred commencement date as permitted under section
457(e)(9)(B) of the Code; any Participant who has made such a second dection of a deferred commencement date may not thereafter
revoke or modify that dection.
6.4 Default Distribution Option:
For purposes of this Artide 6, the "Default Distribution Option~ shall be substantially nonincreasing annual installments over
ten (10) years or, if less, the number of years obtained by dividing the Participant's Account balance at the benefit commencement
date by $5,000 and by rounding the quotient to the nearest whole number.
CalPERS 021E - 7~98
(5 of ! I)
6.5 Cash-outs and Combined Payments:
The Board reserves the right to adopt guidelines, which shall be uniformly applied to all Plan Participants and Beneficiaries, under
which Account balances below a specified levd may be distributed in a lump sum upon Separation from Service or at a deferred
commencement date and installment payments brow a specified amount may be combined and paid at less frequent intervals (but not
less frequenfly than annually). In addition, the Board reserves the right, subject to the limitations of Section 457(e)(9)(A) of the Code,
to establish uniform guiddines under which a Participant's Account balances may be distributed in a lump sum either before or after
the Participant's Separation from Service, and either with or without the Participant's consent, provided that (i) the Participant's
Account balance does not ex .ce~.....$5,000., (ii) no Deferral_has been credited to the Participant's Account in the preceding
twenty-four (24) monms, and (m) no pnor payment has been made to the Participant under Section 6.1 or this Section 6.5.
6.6 Unforeseeable Emergencies:
In the event of an Unforeseeable Emergency prior to or a~er the commencement of distributions, a Participant (or Benefidary after the
death of the Participant) may apply to receive that part of the value of the Participant's Account that is reasonably needed to satisfy the
emergency need, induding any income tax resulting from the distribution. Payment will not be made to the extent that the financial
hardship may be satisfied through cessation of Deferrals, insurance or other reimbursement, or a liquidation of other assets to the extent
such liquidation would not itself cause severe financial hardship.
6.7 Death Benefits:
Upon the Participant's death, the Participant's remaining Account balance shall be payable to the Beneficiary commencing on the
sixty-first (61st) day after the date of the Participant's death, unless, within sixty (60) days of the Participant's death, the Beneficiary
irrevocably dects a deferred commencement date that is consistent with the limitations set forth below. Prior to the Beneficiary's
commencement date, the Beneficiary may irrevocably dect to receive the Participant's remaining Account balance under any optional
distribution form described in Section 6.2, provided that the dected distribution form satisfies the limitations set forth brow. Ifa
Beneficiary fails to make a timely election of an optional distribution form, death benefits shall be paid under the Default Distribution
Option or over such shorter period as may be required under the limitations set forth brow.
(a) If the Participant dies prior to the Participant's Required Beginning Date and the Beneficiary is the Participant's surviving
~SP_eO~,,t~.,e ,c_o_ .m~c,e_nce _m, en~t. dat.e shall ,.be n,o ~t,,er ~an ~e_last day .of the Y..e~r in which the Participant would have attained
% /v L,-- tot, tr ~ater, me xear mamemateay rouow~ng the Year of the Particapant's death) and shall be paid over a period that
does not exceed the life or life expectancy of the surviving spouse.
(b) If the Participant dies prior to the Participant's Required Beginning Date and the Beneficiary is not the Participant's surviving
spouse, the entire Account balance shall be distributed no later than (i) on the last day of the Year which indudes the
fifth (5th) anniversary of the Participant's death, or (ii) if distributions to the Beneficiary commence by the last day of
the Year immediatdy following the Year of the IXarticipant's death, the last day of the Year which indudes the fifteenth (15th)
anniversary of the Participant's death.
(c) If the Participant dies after the Participant's Required Beginning Date or after the commencement of distributions in the form
of an annuity, the Beneficiary may not dect to defer the commencement of death benefits, and the Participant's remaining
Account shall be distributed at least as rapidly as under the method selected by the Participant.
(d) In the event that a Beneficiary dies before all payments to the Beneficiary have been completed, the remaining value of the
Participant's Account shall be paid to the estate of the Beneficiary in a lump sum.
(e) If there are two or more Beneficiaries, the provisions of this Section 6.7 and Section 6.8 shall be applied separately to each
Beneficiary with respect to that Beneficiary's share in the Participant's Account.
(f) No Beneficiary shall have any right of recovery against the Employer or the Plan for any distributions that are made in the
name of the Participant before a Plan representative has been duly notified of the Participant's death.
6.8 Limitations on Distribution Options:
No distribution option may be sdected by a Participant or Beneficiary under this Arfide 6 unless it satisfies the requirements of
Sections 401 (a)(9) and 457(d)(2) oft he Code, induding that installment payments be made in substantially nonincreasing amounts
and that payments commencing before the death of the Participant satisfy the incidental death benefits requirement of Section
457(d)(2) (B)(i)(I). The terms of this Article shall be construed in accordance with those Code sections and the regulations thereunder.
Unless otherwise elected by the Participant or a Beneficiary, all distribution periods based on life expectancies shall be determined in
the manner required under section 401 (a)(9) of the Code without recalculation of life expectancies.
C_,alPERS 02IF - 7/98
(6ofll)
6.9 Distributions from Fund:
Except as otherwise provided herein, all distributions shall be made directly from the Fund to the Participant or Benefidary. To the
extent required by law, income and other taxes shall be withhdd from each benefit payment, and payments shall be reported to the
appropriate governmental agency or agencies.
6.10 Annuities:
In the event that a Participant or Beneficiary dects to receive distributions in the form of a life annuity or another annuity form that
cannot be distributed from the Fund, the pordon of the Participant's Account balance allocable to that form of distribution shall be
'a~r~;bn~toe~e°~m~uei_F.U~ad..~e~d ~sS~od ~eP~Urct~. as. e a com~, erca~al, ann ,m~ cont .ract. under which that form of annuity is provided. The
· ~y t' ym rarucJpant or t~enencaary man equal the amounts payable under such annuity contract. An
anntuty contract acquired in connection with an annuity form of distribution shall be held by the Employer for the exdusive benefit
of the Participant or Beneficiary. The Employer shall have no beneficial ownership interest in such annuity contract. However, the
Employer shall be solely responsible to assure that all benefit payments are made in accordance with the terms of the Plan, and that all
tax withholding and reporting requirements are satisfied.
ARTICLE 7- TRANSFERS
7.1 Acceptance of Transfers:
A Tmsfer will be accepted and credited to a Participant's Account under the Plan if such Tmsfer is made from another Eligible
Deferred Compensation Plan maintained by the Employer or another employer and is made in cash or other property that the Board
a~,epts, for. i.nvest~n, ent in the Fund. Any Transfer so credited to a Participant's Account shall be invested in the Fund, and the portion
orme rarncapant s Account balance attnbutable to such Transfer shall be distributed in accordance with the terms of the Plan.
7.2 Transfers to other Plans:
·
A_tthe elects, on o.f a Part?ap.ant, all or a pomonof the Participant's Account balance may be transferred to another Eligible Deferred
Compensauon Plan mmntmned by the Employer or another employer of the PartJopant, provided that such other plan accepts transfers.
7.3 Trax~er Conditions:
The Board reserves the right to limit the terms and conditions under which Transfers will be accepted from or made to other Eligible
Deferred Compensation Plans, including such terms and conditions as are necessary to comply with regulations or other
pronouncements under Section 457 of the Code and to assure that any transferor or transferee plan constitutes an Eligible Deferred
Compensation Plan.
ARTICLE 8 - PARTICIPANT RIGHTS
8.1 Participants' Interest ia the Fun&
The Fund shall constitute a trust hdd for the exclusive benefit of Participants and Beneficiaries under the Plan. No part of the corpus
or income of the Fund shall be used for, or diverted to, purposes other than for the exclusive benefit of Participants and their
Beneficiaries, and no Employer or creditor of an Employer shall have any interest in or daim against any part of the assets of the Fund.
8.2 Benefits Based on Account Balances:
The benefits payable to each Participant (and his or her Beneficiary) shall be measured by and limited to the amounts properly credited
to the Participant's Account. A Participant shall have no daim under the Plan for any loss or diminution of his or her Account balance
that is attributable to any loss in the value of the investment portfolios of the Fund that correspond with the Investment Options
selected by the Participant.
8.3 Nonassignability:
Except as provided in Section 8.4, the rights of a Participant or Beneficiary under this Plan may not be sold, assigned, pledged,
committed, transferred, or otherwise conveyed, and any attempt to assign or transfer rights or benefits under this Plan shall not be
recognized. Except as otherwise required by law, the rights of a Participant or Beneficiary under this Plan shall not be subject to
attachment, garnishment, or execution, or to transfer by operation of law in the event of bankruptcy or insolvenci/of the Participant
or Beneficiary or otherwise.
CalPERS 021G - 7~98
(7ofll)
8.4 Transfers under Domestic Relations Orders:
To the extent required under a final judgment, decree, or order (induding approval of a property settlement agreement) made
pursuant to a state domestic relations law, any portion of a Participant's Account may be paid or set aside for payment to a spouse,
former spouse, or child of the Participant. Where necessary to carry out the terms of such an order, a separate account shall be
established with respect to the spouse, former spouse, or child who shall be entided to choose Investment Options in the same manner
as the Participant. Any amount so set aside for a spouse, former spouse, or child shall be paid out in a lump sum at the earliest date
that benefits may be paid to the Participant, unless the judgment, decree, or order directs a different form of payment. Nothing in this
Section 8.4 shall be construed to authorize any amount to be distributed under the Plan at a time or in a form that is not permitted
under Section 457 of the Code.
8.5 Release 17~m I3ahility to Participant:
A Participant's right to receive benefits under the Plan shall be reduced to the extent that any portion of a Participant's Account has
been paid or set side for payment to a spouse, former spouse, or child pursuant to Section 8 4 or to the extent that the Em 1o er or the
Plan is otherwise subject to a bin ' 'u ent decr - ' P Y
ding j dgm , ee, or order for the attachment, garmshment, or execution of any portion of the
Participant's Account or of any distributions therefrom. The Participant shall be deemed to have released the Employer and the Plan
from ,any..,d~,'m ,with respect to. such amounts in any case in which (i) the Employer, the Plan, or any Plan representative has been
servea unto ~ega~ process or othervnse ironed ~n a proceeding relating to such amounts, (ii) the Participant has been notified of the
pendency .of such proceeding in the manner prescribed by the law of the jurisdiction in which the proceeding is pending for service of
process or by mail from the Employer or a Plan representative to the Participant's last known mailing address, and (iii) the Participant
fails to obtain an order of the court in the proceeding relieving the Employer and the Plan from the obligation to comply with the
judgment, decree, or order.
8.6 Participation in Legal Proceedings:
Neither the Employer nor any Plan representative shall be obligated to incur any cost to defend against or set aside any judgment,
decree, or order relating to the division, attachment, garnishment, or execution of the Participant's Account or of any distribution
therefrom. Notwithstanding the foregoing, if the Employer, the Plan, or a Plan representative is joined in any such proceeding, a Plan
representative shall take such steps as it deems necessary and appropriate to protect the terms of the Plan.
ARTICLE 9 - TERMS OF FUND INVESTMENTS
9.1 Use of Fund:
9.2
Except as otherwise provided herein, the Fund shall serve as the exdusive investment vehide for amounts hdd under this Ham By
executing an Adoption Agreement, each participating Employer shall agree to accept the terms and conditions of Fund investments set
forth herein and to invest all Deferrals and Transfers with respect to its Employees in the Fund. Except as otherwise authorized by the
Board, Fund investments shall be restricted to participating Employers that have adopted this Plan.
A,Imln~stration of Fund:
As provided in section 21677 of the Government Code, the Board has the exdusive control of the administration and investment of
the Fund. As provided in section 21676 of the Government Code, the Board may retain a bank or trust company to serve as a
custodian for safekeeping, recordkeeping, ddivery, securities valuation, investment performance reporting, or other services in
connection with the investment of the Fund. In addition, the Board may retain one or more investment managers or investment
advisors to manage or participate in the management of the investment portfolios of the Fund. All expenses and fees incurred in the
administration of the Fund shall be treated as Plan expenses under Section 10.4.
9.3 Investment Options:
The Board shall establish such Investment Options as it deems necessary to provide Participants with a diversified range of alternatives,
including but not limited to Investment Options of the type described in section 21673 of the Government Code. Each Investment
Option shall be based upon the investment performance of one or a combination of separate investment portfolios maintained under
the Fund. The Board shall specify the investment objectives and characteristics of each Investment Option and the corresponding
investment portfolio or portfolios and shall provide Employers and eligible Employees with a written description of each available
Investment ' . .......
Opnon The Board, tn ~ts sole discrenon, may add, eltmmate, or consolidate Investment Options and corresponding
investment portfolios from time to time. In the event that an Investment Option is eliminated, the Board shall provide prior notice of
such elimination, and if the Participants whose Accounts were wholly or partially allocated to that Investment Option do not make a
re-aHocarion, the Board shall re-allocate such amounts to the available Investment Option or Investment Options that the Board in its
sole discretion deems most comparable to the eliminated Investment Option.
C. alPERS 02IH - 7~98
(8 of 1 i)
9.4 Fund Investments:
Subject to the limitations of applicable law and such further limitations as the Board may establish, each investment portfolio of the
Fund may ........
hold any form of investment that ~s cons~tent w~th its investment objecnves. Without limiting the generality of the
foregoing, the investment portfolios may hold equity or debt securities (other than securities issued by any Employer), fixed or variable
annuity contracts (including deposit administration contracts) issued by life insurance companies, certificates of deposit or fixed rate
investment contracts issued by a bank or similar institution, and such short-term instruments or deposits as the Board deems necessary
to satisfy the liquidity needs of the Fund. In addition, each investment portfolio may hold shares, units, or participating interests in
regulated investment companies, common or collective trust funds maintained by banks or similar institutions, investment
partnerships, or other pooled investment funds or trusts that may issue participating interests to Eligible Deferred Compensation Plans.
9.5 Valuation and Accounting:.
Each investment portfolio of the Fund shall be valued at least monthly, and the value of each Participant's Account shall be determined
by rqe. ' '-
.renc. e .to the poruon of the Part,capant's Account allocable to each investment portfolio. The valuation of each investment
porttoho shall reflect ,ncome receaved and accrued, realized and unrealuzed gains and losses, and allocable Fund expenses. The value of
each Participant's interest in an investment portfolio may be measured in units, shares, or dollars. In addition, the Board shall maintain
records showing the value of the Fund investments allocable to all Participants (and deceased Participants) whose entitlement to
benefits under the Plan is attributable to employment with each participating Employer.
9.6 Redemption ~ctions:
No Employer shall have any right to redeem, revoke, sell, or otherwise liquidate any contribution to or investment in the Fund, except
as may be necessary to:
(a) effectuate a Participant's election to transfer ali or a portion of his or her Account balance to another Eligible Deferred
Compensation Plan;
(b) effectuate the purchase of an annuity contract, as provided in Section 6.10; or
(c) correct an investment in the Fund made by reason of a mistake of fact.
.
Nothing in paragraphs (a) through (c), above, shall give any Employer the right to redeem, revoke, sell, or otherwise liquidate any
Fund investment, unless the Board or its designee has been provided with adequate evidence of the Employer's right to do so.
~CLE 10 - ADMINISTRATION OF PLAN
10.1 Duties of Board:
Except as provided in Section 10.3, the administration of the Plan shall be under the exclusive control of the Board. The decisions of
the Board shall be final, binding, and conclusive on all interested persons for all purposes. No member of the Board shall be entided to
act on or decide any matters relating solely to himself or herself or any of his or her rights or benefits under the Plan. To the
maximum extent permitted by law, each member of the Board shall be held harmless for all acts performed in good faith in connection
with the Plan.
10.2 Delegation of Anthority:.
The Board may ddegate to any individual member of the Board, any employee or employees of CalPERS, or any independent
contractor the authority to act as the Board's agent with respect to any matter within the control of the Board, provided that any such
delegation of authority shall be subject to revocation by the Board. Any act that the Board is required or authorized to perform under
the terms of this Plan, induding any communication to be made or received by the Board and the adoption of any supplementary
guidelines or procedures, may be performed by an agent of the Board, provided such person is acting within the scope of that person's
ddegation of authority from the Board. To the maximum extent permitted by law, each employee of CalPERS shall be hdd harmless
for any act performed in good faith in connection with the Plan. Any independent contractor who is retained to perform services
under the Plan shall perform such services soldy as the agent of the Board and shall not be liable to any Employer, Participant, or
Beneficiary for any act performed (or not performed) hereunder.
CalPER5 0211 - 7~98
(9 of ~ 1)
10.3 Duties of Employen
In accordance with procedures established by the Board, the Employer shall be responsible:
(a) to assure that participation in the Plan is limited to Employees of the Employer and to make the Plan available to all
eligible Employees; --
(b) to assure that Deferrals are properly deducted from the salaries and wages of participating Employees and remitted on a timely
basis to the Fund and to report the amount of such Deferrals on Employee's wage statements in the manner required under
applicable law;,
(c) to assure that Deferrals, taking account of amounts deferred under any other Eligible Deferred Compensation Plan
maintained by the Employer, do not exceed the limitations described in Artide 4;
(d) to approve distribution elections and applications, induding applications for withdrawals on account of Unforeseeable
Emergencies, in accordance with the requirements of Artide 6;
(e) to provide the Board with such information and in such form as the Board deems necessary for the proper administration of
the Plan; and
(f) to carry out such other responsibilities as the Employer and the Board may agree.
10.4 Plan Expenses:
The expenses of administering the Han and Fund, induding (i) expenses incurred by the Board in the administration of the Plan and
Fund, (ii) fees and expenses approved by the Board for investment advisory, custodial, recordkeeping, and other plan administration
and communication services, and (iii) any other expenses or charges allocable to the Plan or the Fund that have been approved by the
s~e r~ be ch, .arid t.o .the F ,u~,d or, as .ap.propriate, to a particular Investment Option or Investment Options under the Fund and
ectec~ zn rarucapants Account balances as provided ~n Sectzon 5.2. Brokerage fees, transfer taxes, and any other costs
incident to the purchase or sale by the Fund of securities or other investments shall be deemed to be part of the cost of such securities
or investments or deducted in computing the sales proceeds therefrom and shall be accounted for accordingly. Notwithstanding the
foregoing, the Board reserves the right, as provided in section 21675 of the Government Code, to enter into arrangements with
Employers under which specified administration costs are borne by such Employers or charged against additional Deferrals under
Section 3.7 at the time invested in the Fund.
10.5 Communications from Participants:
All enrollments, elections, designations, applications and other communications by or from a~ Employee, Participant, Beneficiary, or
legal representative of any such person regarding that person's rights under the Plan shall be made in the form and manner established
by the Board and shall be deemed to have been made and delivered only upon actual receipt by the person designated by the Board to
receive such communication. Neither the Board nor the Employer shall be required to give effect to any such communication that is
not made on the prescribed form and in the prescribed manner and that does not contain all information called for on the prescribed
form. The Employer shall prompdy furnish the Board or its designee a copy of any such communication that is delivered or
transmitted to the Employer.
10.6 Communlcafions to Employe~:
All notices, statements, reports, and other communications from the Board to any Employer shall be deemed to have been duly given
when delivered to, or when mailed by first class mail, to the official of the Employer who has been designated by the Employer in
connection with its Adoption Agreement (or as a modification of the information provided in connection with its Adoption Agreement)
to receive such communications.
10.7 Communications to Participants:
All notices, statements, reports, and other communications from the Board or an Employer to any Employee, Participant, Beneficiary,
or legal representative of any such person shall be deemed to have been duly given when delivered to, or when mailed by first dass
mail, to such person at his or her last mailing address appearing on the Plan records.
10.8 Time Periods:
As necessary or desirable to facilitate the proper administration of the Plan and consistent with the requirements of Section 457 of the
Code, the Board may further restrict the time periods during which a Participant or Beneficiary is required to make any election under
the Plan, including the making or amending of a Deferral Agreement, the making or amending of Investment Option selections, the
election of distribution commencement dates or distribution forms.
CalPERS 021J - 7/98
(i0 of I 1)
AKTICLE 11 - GENERAL PROVISIONS
Subject to the requirements of the Government Code, the Board reserves the right at any time to amend or modify the Plan without
the consent of any Employer, Participant, or Beneficiary. The Board shall give notice of any such amendment or modification to
participating Employers. Except as may be required to maintain the status of the Plan as an Eligible Deferred Compensation Plan
under Section 457 of the Code or to comply with other applicable law, no amendment or modification shall impair any individual's
right to benefits under the Plan or expand any Employer's obligation to provide benefits with respect to amounts previously credited to
Participants' Accounts.
11.2 Effect on Employment:
Nothing contained herein shall give any Employer the right to be retained in the employment of an Employer or affect the right of an
Employer to terminate any Employee's employment.
11.3 Binding Contract:
11.4
The terms of this Plan, as duly amended from time to time, shall constitute a contract between each Participant and the Employer and
shall be bindir~ as applicable, upon their heirs, administrators, trustees, successors, assigns, and Beneficiaries.
Supplementary Informadon and Procedures:
Any explanatory brochures, pamphlets, or notices distributed by the Board to Employees, Participants, Beneficiaries, or Employers
shall be distributed for information purposes and shall not override any provision of this Plan or give any person any daim or right not
provided for under this Plan. Notwithstanding the foregoing, to the extent that the terms of this Plan document authorize the Board
to adopt supplementary guidelines or procedures, any publication announcing such guidelines or procedures may be relied upon by
the persons to whom it is distributed, unless and until modified by a subsequent publication. Any procedural requirement described in
any such publication shall be binding upon the Employee, Participant, Beneficiary, or Employer, as applicable, to the same extent as if
such requirement were set forth in this Plan document.
11.5 Incompetence of Paye~
If an Employer or the Board shall find that any person to whom any amount is payable under the Plan is unable to care for his or her
affairs, is a minor, or has died, any payment due him or her, or his or her estate, may be paid to his or her spouse, a child, a relative, or
any other person having maintaining or having custody of such person, unless a prior daim therefor has been made by a duly
appointed legal representative. Any such payment shall be a complete disdmvge of all liability under the Plan thereof.
11.6 Applicable Law:.
This Plan shall be construed under the laws of the State of California and in conformity with the requirements of Section 457 of the
Code and all regulations thereunder applicable to Eligible Deferred Compensation Plans.
CalPERS 021K - 7~98
(il ofli)
SUBJECT:
ITEM NO. 1 oc
DATE: JUNE 2, 1999
AGENDA SUMMARY REPORT
RECEIVE FOR COMMENT PROPOSED MENDOCINO SOLID WASTL
MANAGEMENT AUTHORITY 1999-2000 FISCAL YEAR BUDGET
Submitted for the City Council's comment is the proposed Mendocino Solid Waste
Management's (MSWMA) 1999-2000 fiscal year budget. The MSWMA Board of Directors
approved its proposed budget on April 28, 1999. As noted by the MSWMA General
Manager, no action is required by the member jurisdictions because MSWMA budget does
not include any appropriations from its member jurisdictions. However, the member
jurisdictions may wish to comment on particular programs contained in the budget, as well
as the level of funding appropriated to the various programs.
Of particular note, is the proposed reduction of the MSWMA surcharge to $5.00 from
$5.50. The reasons for the proposed reduction are stated in the General Manager's report.
As you may recall, the surcharge was reduced last year from $6.00 per ton of refuse to
$5.50. This reduction of cost to the City and its franchised refuse collector can be utilized
to help offset pending increases in garbage collection rates due to increases in the
Consumer Price Index.
City staff takes no exceptions to MSWMA's 1999-2000 budget, however, we would
encourage MSWMA Board to review the need to increase the level of effort for the illegal
dump cleanup program. Occasionally, the City receives requests for free dumping
privileges from various non-profit organizations participating in the cleanup of litter and
other debris improperly disposed of in our communities. We refer these organizations to
the MSWMA General Manager for funding opportunities under MSWMA's illegal dump
cleanup program. We do not know if these organizations have been refused financial
assistance because of an under funded program.
MSWMA's previous budget report is provided for comparison.
RECOMMENDED ACTION' Consider MSWMA's 1999-2000 budget and direct comments
to MSWMA.
ALTERNATIVE COUNCIL POLICY OPTIONS: Determine MSWMA's budget is not to be
considered and remove item from the agenda.
Citizen Advised: N/A
Requested by: Michael Sweeney, General Manager of MSWMA
Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer
Coordinated with: Candace Horsley, City Manager
Attachments: 1. MSWMA 1999-2000 Fiscal Year Budget.
2. MSWMA 1998-1999 Fiscal Year Budget.
APPROVED: ~-'-(~ ~Ci~ty~nager
Candace Horsley,
R:I~I_ANDFILL
AMSWMA
Mendocino Solid Waste
Management Authority
A Joint Powers Public Agency
Michael E. Sweeney
General Manager
P.O. Box 123
Ukiah, CA 95482
Telephone (707) 468-9710
Fax (707) 468-3877
April 29, 1999
Richard Shoemaker, Chairman, Board of Supervisors
Candace Horsley, Ukiah City Manager
Jim Murphey, Fort Bragg City Administrator
Gordon Logan, Willits City Manager
From: Mike Sweeney
RE: 1999-2000 MSWMA Budget
The MSWMA Board of Directors approved its proposed 1999-2000 fiscal year budget
on April 28, 1999.
The budget is transmitted to the MSWMA member jurisdictions for their review and
comment, if any. No action is required by the member jurisdictions because the
MSWMA budget does not include any appropriations from its member jurisdictions.
Please notify me of the date on which this matter will be on your agenda. Any
comments or objections should be sent to me so I can bring them to the MSWMA
Board.
Sinc~ely,
r~e'~;weeney
enclosed: budget memorandum
cc:
Patricia Campbell
Jim Mastin
Vince Benedetti
Bruce Burton
Mendocino Solid Waste Management Authority
Proposed 1999-2000 fiscal year budget April
29,
1999
PROGRAMS
MSWMA activity accelerated in the past year in the following areas:
· HazMobile collections
Vehicles unloaded increased from 3,742 in 1997 to 4,334 in
1998.
· Appliance hazardous waste removal
MSWMA now provides refrigerant and oil removal from
appliances without charge at Ukiah, Willits, Ca,par,
Laytonville, Covelo, and South Coast. Lakeport is served
at a charge of $7.-8 per unit. 667 units were serviced in
February-April, 1999.
· Illegal dump cleanup
53 different locations were cleaned up in 'the first four
months of 1999.
· Electronics recycling
MSWMA started this program in March, 1999 and 100 tons
of electronics have been recycled without charge to the
Public. New drop-off points are being added at South
Coast and Boonville in addition to Ukiah, Willits and
Caspar.
· Recycling outreach & promotion
Karen Gridley, our pad-time outreach specialist, and Beth
Roesler, our Americorps worker, have made important
progress in apartment recycling, business recycling, and
school recycling, primarily in the Willits and Ukiah areas.
Our telephone hotline, annual Recycling Guide, and
compost bin sales continue, with the addition of a web site
with complete recycling information--
www.mendo Recycle.org.
· AB 939 reporting -- Local Task Force staff support
With the completion of the Summary Plan and the Waste
Generation Studies, the "pre-year-2000-mandate" round of
Budget proposal Page I
documents should be complete..The next round, "post-
mandate" documents, will begin in the upcoming fiscal year
as the jurisdictions respond to the state regulations in the
case of compliance or non-compliance with the 50%
recycling requirement.
The proposed budget envisions a continuation of these activities, with a further
increase in recycling outreach & promotion to assist the jurisdictions in
complying with the AB 939 mandate.
REVENUE
A further reduction in the MSWMA surcharge is proposed, from $5.50 to $5.00
per ton. This should be possible because:
1. Waste disposal in Mendocino County has continued to increase,
thereby generating more surcharge receipts.
2. MSWMA has succeeded in significantly reducing certain costs, such
as hazardous waste disposal and insurance.
3. Sale of the North State Street pr0pedy is projected by the end of
1999, thereby saving MSWMA $27,000 in debt payments.
4. The $22,800 debt service reserve fund which MSWMA has held since
taking out the North State Street loan in 1996 will be transferred back to
the general fund and utilized as revenue.
MSWMA should also realize a substantial capital gain by sale of the North State
Street property. The proceeds from the sale are not included in this budget.
The Board has not yet decided how those funds should be allocated.
EXPENDITURES
Expenditures are consistent with the previous budget(as amended), with the
following principai changes:
· Reduction in HHW disposal and insurance costs due to competitive
bidding of these services.
· 2% cost of living increase for the 4 full-time employees.
· Addition of .89 full-time-equivalent recycling outreach specialist, as a
temporary position, to increase recycling outreach efforts to help the
jurisdictions comply with the AB 939 mandate.
Attached: Proposed 1999-2000 budget
Budget proposal Page 2
MSWMA- BUDGET, 1999-2000 FISCAL YEAR
REVENUES
Grants 35,000
HHW Service (Lake County, small biz) 91,000
Interest 13,000
Revenue, misc. 600
Sales, compost bin 3,000
265,OOO
Surcharge ......
Transfer from Debt Service Reserve 22,800
TOTAL REVENUES 430,400
EXPENDITURES
Advertising 3,000
Americorps sponsorship 7,000
2,750
Audit
Compost bin purchases
Debt service (3401 N. State Street)
27,113
Electricity 200
Fuel ' 2,100
Healtl] insurance 5,500
HHW disposal
80,000
HHW supplies
20,000
Illegal dump cleanup fees & costs
9,000
Liability insurance 8,000
Miscellaneous 5,000
Office supplies '2,200
Oil recycling tank acquisition
7,500
Payroll expenses 169,600
Pollution insurance 11,000
1,700
Postage
Printing 5,000
Rent 3,7201
Sales t~ 200
~relephone 7,000
6OO
Training foes ,
Transfer to depreciation fund 9,000
Trash disposal 2,500
Veliicle maintenance 4,000
4,200
Vehicle mileage .
Workers compensation insurance 6,500
TOTAL EXPENDITURES 407,743
RESERVE FOR CONTINGENCIES 22,657_
, ,
Mendocino Solid Waste
Management Authority
A Joint Powers Pub~lc Agency
Michael E. Sweeney
General Manager
P.O. Box 123
Ukiah, CA 95482
Telephone (707) 468-g710
Fax (707) 468-3877
April 23, 1998
Candace Horsley, City Manager
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
RE' MSWMA 1998-99 Budget
Dear Candace'
On April 22, the MSWMA Board of Directors received the enclosed 1998-99
fiscal year budget and directed that it be circulated to the member jurisdictions
for comment in accordance with the Joint Powers Agreement.
Sincer,,ely,
Mike Sweeney
Manager
enclosures
Mendocino Solid Waste Management Authority
Agenda Summary 'Report
Meeting date: April 22, 1998
Topic: Proposed 1998-99 fiscal year budget
Prepared by: Mike Sweeney
Item:
EXPENDITURES
The proposed budget anticipates revenues of $414,000, expenditures of
$399,646, and a reserve of $14,354. The budget is based on these services by
MSWMA in 1998-99:
· HazMobile Program
The service level is 26 collections in Mendocino County per year
and 13 collections in Lake County. ^ continued increase in
service to small business is expected, with corresponding
increase in revenue paid by these customers, and expense for
HHW disposal. Costs for the HazMobile program are generally
stabilized. Staffing is one manager and two technicians, with
occasional part-time help for especially busy collections. To
facilitate the collection of used oil, a 500 gallon used oil tank will
be placed at the Boonville transfer station, as per request of the
County Solid Waste Division. This expenditure is covered by the
Used Oil Block Grant.
· Refrigerant removal from refrigerators, freezers & air conditioners
Since this activity began in December, 1997, more than 200 units
have been pumped at three locations, allowing a reduction of
about $2000 in costs to the disposal sites which has been passed
onto the public. The volume of refrigerators received at the
disposal sites is increasing, possibly due to the lower price. This
should meet MSWMA's objective of decreasing the Illegal
dumping of refrigerators.
· Ownership and debt service on transfer station site at North State Street
MSWMA's bank loan on the property requires $54,226 in annual
debt service payments, approximately half interest and half
principal.
Budget proposal
Page I
· Waste Generation Study
MSWMA's work on the Waste Generation Study will continue
several months into the new fiscal year. The study will then be
analyzed by the LTF and the jurisdictions in connection with the
mandatory review of the Source Reduction & Recycling Elements
(SRRE).
· AB 939 Plans & Reports
The Summary Plan must be completed and submitted in
conformation with the compliance schedule provided to the
California Integrated Waste Management Board. Mandatory
review of the SRREs will then begin with MSWMA preparing
documents in consultation with jurisdiction staff for consideration
by the governing bodies. In addition, the ongoing annual disposal
reporting and annual reports will be prepared on behalf of the
jurisdictions.
· AB 939 Local Task Force (LTF) staff support
The LTF has become more active. The LTF has elected a
Secretary who has taken over minutes and communications.
However, staff support from MSWMA is necessary to provide
mailing, research, communication with~ the ClWMB, and
coordination with the jurisdictions in the very complex AB 939
process.
· Waste Reduction Promotion
The Local Task Force has requested that MSWMA once again
provide "waste auditing" to business, organizations and the public
as part of a coordinated campaign with waste haulers to increase
recycling. The Willits City Council strongly supported this request
at their April 8 meeting. To provide this service, Karen Gridley
would continue as a part-time employee performing waste audits
after the conclusion of her work in the Waste Generation Study. In
addition, MSWMA would continue its other, ongoing outreach
programs: selling backyard compost bins to the public at cost,
annual publication of the Recycling Guide, the Recycling Hotline
with 24-hour automated information service on recycling
opportunities, and special events like Earth Day at the Redwood
Valley Outdoor Education Project.
· Illegal dumping abatement
Response to dumping complaints will be provided when time is
available depending on the HazMobile work load. Jail inmates
and community school students will be a free workforce
supervised by MSWMA technicians. In addition, reimbursement of
Budget proposal
disposal fees to individuals, groups, and other government
agencies will continue to be provided.
Recycling Market Development Zone
MSWMA continues as the subzone administrator to provide
information and process applications for any private industry
applicants who wish to take advantage of this Iow-interest loan
program.
· Transfer to Depreciation Reserve
Since the inception of the HazMobile program, $9,000 per year
has been set aside to cover depreciation of equipment. On July 1,
1998, the balance in the depreciation fund will be $27,000. The
anticipated use of these funds will be rel~air or replacement of the
HazMobile trailer and truck in some future year.
· Reserve for contingencies
A substantial reserve is need for the following contingencies,
among others:
1. Pollution cleanup costs, since the insurance policy has a
$15,000 deductible per incident.
2. Unexpectedly high demand for HHW service if "Fort Bragg"
levels of participation take hold elsewhere.
3. Unusual HHW costs due tO accidents or inadvertent receipt of
extremely high-cost hazardous waste which must be disposed of
at M SWMA expense.
4. Unanticipated decline in surcharge revenue due to decline in
solid waste disposal.
REVENUE
The proposed budget is based on a reduction of the MSWMA surcharge from
the current level of $6.00 per ton to $5.50 per ton. As I reported to the MSWMA
Board in February, MSWMA has been receiving revenue somewhat in excess
of its expenditure needs. There are two main reasons for this situation:
1. Waste disposal in Mendocino County has continued to Increase,
thereby generating more surcharge.
2. MSWMA's cost-efficiency has increased as more experience is
gained in the HazMobile operation. In addition, our price for incineration
Budget proposal Page 3
of a typical 55-gallon drum has declined from $245 in 1996 to $225 at
present.
I project that the services described in the previous section, "Expenditures," can
be provided in 1998-99 with a reduced surcharge. Alternatively, MSWMA could
keep the surcharge at the existing level and allocate funds to assist the member
jurisdictions in their post-closure payments.
Budget proposal Page 4
PROPOSED MSWMA- BUDGET, 1998-99 FISCAL YEAR
APRIL 23, 1998
Revised PROPOSED
REVENUES 97-98 Budget 98-99 BUDGET
__
Grar~s 2.0,000 35,000
HHW Service (Lake County, small biz) 83,000 90,000
interest 6,000 8,600
Revenue, misc. 2,000 2,400
Sales, compost bin 3,000 3,000
S ur char ge 2. 90,000 275,000
TOTAL REVENUES 404,000 414,000
Page l of 2 '~ ~''
PROPOSED 1998-99 FISCAL YEAR BUDGET--CONTINUED
Revised PROPOSED
9,7-98 Budget 98-99 Budget
EXPENDITURES
Advertising 3,000 3,000
Audit 2,~00 2,500
ComPost bin purchases 3,000
Debt service (340~ N. State Street) 54,226 54,226
Electricity 200 200
Fuel ' 2,000 2,100
Health Insurance ' 5,500 4,500
~Hw disposal 90,000 96,000
HHW facility Improvement 4,000
HHw supplies " 20,000 1 7,000
iilega'i dump cleanup fees & costs i0',000 9,000
LiabilitY insu~;anCe ...... 9,000 9,000
Miscellaneous 5,000 5,000
Omce supplies 1,800 2,200
Oil recycling tank acquisition 10,000
Payroll expenses ' 110,000 125,400
Poilution insurance 10,725 15,000
Po.~tage " 800 1,700
Professional Services (legal)' 5,000
Printing 6,60d 6,600
-Rent 3,720 3,720
-,~aies tax 200 200
Telephone 4,6b0 5,000
YraJler acquisition 4,000
¥~aining fees .... 600 60,,0
Trans~ station development 15,000
-~ransier to depreciation fund 9,000 ' .~ 9,000
Trash dlsposai .... 4,000 2,500
Vehicle maintenance 1,200 1,000
-v~h~c~e m~eage '2000 2,200
Workers ~ompensatlon Insurance .... 4,500 '4,000
,, ,
YOTAL' EXPENDITURES " 384,171 399,646
~URPLuS 19,829 14,354
Page 2 of 2
ITEM NO. 1 od
DATE: June 2, 1999
AGENDA SUMMARY REPORT
SUBJECT: APPOINTMENT OF CITY COUNCIL MEMBERS TO VARIOUS COMMITTEE
ASSIGNMENTS
With the recent appointment of one new City Councilmember, the City Council's committee
assignments are in need of review and new appointments considered. Attached for your review is
the most recent listing of Councilmember assignments. Further discussion on this matter will take
place at the City Council meeting.
RECOMMENDED ACTION: Review City Council Committee Assignment Listing And Make
Appropriate Appointments
ALTERNATIVE COUNCIL POLICY OPTIONS: Determine that City Council appointments to various
committees are not appropriate at this time.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Jim Mastin, Mayor
Marie Ulvila, City Clerk
Candace Horsley, City Manager
1. Listing of City Council Committee Assignments
APPROVED: Can~;e Ho~'sley, C'itiManager
c:ccasgn
M~
21, 1999
Chamber of Commerce Liaison
City/County Leadership Group
Selection Committee
City of Ukiah Disaster Council
Council/County Supervisor Committee
Courthouse Facilities PI Committee
Overall Economic
Investment Oversight Committee
of California Cities Pi Committees
Local A Formation Commission
Main Street Board of Directors
Mendocino Council of Governments (MCOG)
Mendocino Film Advi! ,ard (Non-Votin
Mendocino County Inland Water and Power Commission
Mendocino Solid Waste Mana (MSWMA)
Mendocino Transit Board of Directors
Northern California Power Association ,(NCPA)
Transmission Agency of Northern Calif6mia (TANC)
Recreation Center
Russian River Watershed Community Council
Skateboard Park Committee
Solid Waste Committee
Sun House Guild ex officio liaison
Ukiah Unified School District Site Selection Committee
Ukiah Valley Sanitation District (UVSD)
COUNCIL COMMITTEE ASSIGNMENTS
Councilmember Baldwin
Mayor Mastin
Mastin
Mayor Mastin - Chair
Councilmember Libby - First Vice Chair
- Second Vice Chair
Mayor Mastin
***Councilmember
Councilmember Ashiku
Mayor Mastin
Councilmember Ashiku
***Councilmember - Communit' Services
Councilmember Ashiku
Councilmember
***Councilmember
Alternate: Councilmember Libb
Councilmember
Councilmember Baldwin
Alternate: Ma~or Mastin
Ma~'or Mastin
Mayor Mastin
Electric Utility Director Barnes
Alternate: Councilmember Ashiku
***Councilmember
Councilmember Baldwin
Alternate: Councilmember £ibb~
***Councilmember
Jim Mastin & Phillip Ashiku
Councilmember Libby
***Councilmember
Councilmember Ashiku
Alternate: Councilmember Baldwin
Downtown Master Plan Committee
Economic & Financin
Finance Review Committee
(EDFC)
Commissioner Libby
Chairman Mastin and Commissioner Ashiku
Alternate: Councilmember Baldwin
Vacancy To Be Filled
council\comas.wpd
ITEM NO. 10e
DATE: JUNE 2, 1999
AGENDA :SUMMARY REPORT
SUBJECT: SET DATES AND TIMES FOR FISCAL YEAR 1999/00 BUDGET HEARING
The budget schedule approved by the City Council at its February 21, 1999 meeting
identified June 22-24 as the dates for the annual budget hearing to meet the adoption deadline
of June 30. Definitive beginning times for the meetings however have not been established.
Typically the hearings start at 8:00 am, but last year we began at 10:00 am with an ending time
of 8:00 pm. The specific time of 3:00 pm Wednesday, June 23, is recommended for the joint
meeting with the Sanitation District to coincide with its regular meeting schedule. The
Redevelopment Agency hearing time is recommended to follow the Sanitation District at 4:00 pm
on the 23rd; its time will be formalized at the regular Agency meeting of June 16.
The Council should consider each member's calendar and set the Council budget hearing
times accordingly.
RECOMMENDED ACTION:
1) Set specific time to commence budget hearing on Tuesday,
Wednesday, and Thursday, June 22, 23, and 24.
2) Set Wednesday, June 23, 3:00 pm as the date and time for
the joint hearing with the Ukiah Valley Sanitation District.
ALTERNATIVE COUNCIL POLICY OPTIONS:
Determine other dates and times are more appropriate and set those as desired.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Michael F. Harris, Risk Manager/Budget Officer ~ "'~-'-'-~,
Gordon Elton, Director of Finance and Candace Horsley, ~ity Manager
None
//,-~-
APPROVED: C~n~ace Ho y, ;ityl~l g
mfh:asrcc99
0602BUDSCH
AGENDA
SUMMARY
REPORT
ITEM NO.
DATE: June 2, 1999
SUBJECT:
DISCUSSION AND POSSIBLE ACTION REGARDING RESOLUTIONS AGAINST
THE WAR IN YUGOSLAVIA AND TO CLOSE LAKE MENDOCINO TO INTERNAL
COMBUSTION WATER VEHICLES ON VARIOUS DAYS, AS SUBMITTED BY
COUNCILMEMBER PHIL BALDWIN
Councilmember Phil Baldwin has submitted two resolutions for the Council's discussion, review,
and possible action. The first is a resolution against the war in Yugoslavia and the second is to
request that the Army Corps of Engineers institute a policy to close Lake Mendocino to internal
combustion water vehicles on Sundays and Mondays between September 15 to May 1, and
between May 1 to September 15 on Mondays and Tuesdays after 5:00 p.m.
Councilmember Baldwin's letter of explanations and draft resolutions are enclosed for Council's
consideration.
RECOMMENDED ACTION:
Discussion and possible adoption of resolutions submitted by
City Councilmember Baldwin, as follows:
i. Calling on the President and Congress of the United
States to Halt Military Strikes Against Yugoslavia; and
ii. Calling on the Army Corps of Engineers to Institute a
Policy to Close Lake Mendocino to Internal Combustion
Water Going Vehicles During Various Hours
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Council adopt revised resolutions.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Councilmember Phil Baldwin
Candace Horsley, City Manager
N/A
1. Resolutions
2. Letter of Explanation from Councilmember Baldwin
.-/-~ Candace Horsley, City Manager
4:Can:AsrRes.99
May 26, 1999
Members of the City Council,
The attached Resolution calling for an end to the U.S. war against Yugoslavia is self explanatory.
I do hope we keep in mind, however, that it is a cop out refusal to do our duty if we respond that this is a
federal matter about which we have no say.
Let us remember that with our silence we condone the action of our government in Washington.
Let us remember that, during earlier periods in our history, many have failed to speak out against injustice
and have terribly regretted later that failure. Let us also remember that had city councils in Nazi Germany
been courageous enough to speak out against the horrors of that regime, it is possible that thousands or
millions of lives could have been saved.
I hope we will also consider the message we send to the young people of Ukiah with support for
this resolution and, on the other hand, with our silence, if we claim it is none of our business.
Thank you for your consideration of this vital issue.
Phil Baldwin
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AGENDA RESOLUTION NO. 99-
RESOLUTION OF THE CITY OF UKIAH CALLING ON THE
PRESIDENT AND CONGRESS OF THE UNITED STATES
TO HALT MILITARY STRIKES AGAINST YUGOSLAVIA
WHEREAS, the City Council affirms this is a nation of the people, by the people,
and for the people, that our national government is instituted with the consent of the
governed, that local officials and governments may be implicated as accessories by their
silence; and
WHEREAS, United States (N.A.T.O.) bombardment of Yugoslavia was initiated
without debate in Congress, therefore was undertaken without the consent of Congress
and the American people; and
WHEREAS, there is ample evidence that the plight of the Kosovar people has been
made immeasurably worse because of the air war against Yugoslavia, and massive
emigration was non-existent before the bombardment began; and
WHEREAS, the President as Commander-in-Chief has failed to explain this
aggressive warfare against a sovereign nation in terms of United States national interests;
equally unclear is the planned duration of this military action; and
WHEREAS, this United States (N.A.T.O.) bombardment of Yugoslavia is contrary
to international law and, without a Congressional declaration of war, contrary to the United
States Constitution; and
WHEREAS, the United States has a history during this decade of supporting,
condoning, or ignoring various forms of ethnic suppression and removal (e.g. Hutu against
Tutsi, Croatians against Serbs, British against Irish, Israelis against Palestinians,
Indonesians against Timorese, Turks against Kurds, Russians against Chechnyans); and
WHEREAS, the President, since refusing continued dialogue and mediation then
ordering military strikes to begin, has lectured American youth to resolve conflicts non-
violently; and
WHEREAS, this military mission in support of the Kosovar Liberation Army sets the
untenable precedent of similar support for hundreds, if not thousands, of violent ethnic
liberation movements throughout the world.
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NOW, THEREFORE, BE IS RESOLVED that the Ukiah City Council calls on the
President and Congress to halt military strikes against Yugoslavia and to pursue all
available non-violent channels--including economic sanctions and embargoes, if
necessary--to guarantee human rights throughout Yugoslavia and the world.
PASSED AND ADOPTED this 2nd day of June, 1999.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jim Mastin, Mayor
Marie Ulvila, City Clerk
R4:Res:War
May 26, 1999
Members of the City Council,
This resolution supports a very mild proposal for some quiet time at Lake Mendocino during
the good weather. In your hearts and minds I am sure you will agree that this concept is the least the
Corps should do to rectify the status quo.
On the other hand, it could test the mettle of our statespersonship.
Phil Baldwin
i RESOLUTION NO.99-
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH CALLING ON THE ARMY CORPS OF ENGINEERS TO
INSTITUTE A POLICY TO CLOSE LAKE MENDOCINO TO INTERNAL
COMBUSTION WATER GOING VEHICLES DURING VARIOUS HOURS
and
WHEREAS, Lake Mendocino is a key recreational resource for the people of Ukiah;
WHEREAS, many citizens of Ukiah currently fail to take advantage of this resource
because of the noise generated there by power boats and jet skis; and
WHEREAS, many citizens of Ukiah who are swimmers, sailboaters, hikers,
picnickers, canoe and crew enthusiasts, runners, mountain bikers, rowers, and campers,
appreciate the peacefulness of a quiet lake; and
WHEREAS, these folk and the lake fishery may appreciate and benefit from an
occasional break from the noise and fossil fuel pollution generated by power boats and jet
skis; and
WHEREAS, the concept of sharing is a good one.
NOW, THEREFORE, BE IT RESOLVED that the Ukiah City Council calls on the
Army Corps of Engineers to institute a policy to close Lake Mendocino to internal
combustion water-going vehicles on Sundays and Mondays during the non-tourist season
of September 15 to May 1, and during the tourist season May 1 to September 15, on
Mondays and Tuesdays after 5:00 p.m.
PASSED AND ADOPTED this 2nd day of June, 1999, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jim Mastin, Mayor
Marie Ulvila, City Clerk
4:Res:Corps