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HomeMy WebLinkAboutMin 03-21-01MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, March 21,2001 The Ukiah City Council met at a Regular Meeting on March 21,2001, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Larson, Smith, Libby, Baldwin, and Mayor Ashiku. Staff present: Airport Manager Bua, Community Services Director DeKnoblough, Police Administrative Captain Dewey, Finance Director Elton, Assistant City Manager Fierro, Interim Fire Chief Grebil, Personnel Assistant Giuntoli, Personnel Officer Harris, Risk Manager/Budget Officer Harris, City Manager Horsley, City Attorney Rapport, Assistant Airport Manager Richey, Planning Director Stump, Police Chief Williams, Battalion Chief/Fire Marshal Yates, and City Clerk UIvila. 2. PLEDGE OF ALLEGIANCE Councilmember Libby led the Pledge of Allegiance. 3. PROCLAMATION 3a. Designating April 2001 as MTA Month in Recognition of MTA's 25th Anniversary Mayor Ashiku read the proclamation designating Thursday, April 12, 2001 as Mendocino Transit Authority (MTA) Day in Ukiah and called upon all citizens to examine their personal transportation options to become more aware of and more active in advocacy efforts to promote public transit in the City of Ukiah. Steve Turner accepted the Proclamation on behalf of MTA and discussed how MTA has grown during the past 25 years. MTA is looking forward to developing a transit center at the north end of the City. 4. INTRODUCTION 4a. Marge Giuntoli, Personnel Assistant Personnel Officer Harris introduced Marge Giuntoli as the City's new part-time Personnel Assistant. She will be providing the Personnel Department with assistance, primarily in the areas of employee recruitment and insurance benefits. Marge Giuntoli stated that it's nice to be back working for the City with familiar people. 5. PRESENTATIONS None. 6. MINUTES 6a. Regular Meeting of February 21,2001 Councilmember Baldwin noted a correction on page 9, third paragraph, that should read: "Councilmember Baldwin inquired if we continue collecting the Public Benefits Charge, how would it affect Mr. Barnes' projections for the future?" Regular Meeting March 21,2001 Page 1 of 18 M/S Larson/Baldwin approving the Regular Meeting minutes of February 21, 2001 as amended; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: Councilmember Libby. ABSENT: None. ABSTAIN: None. 6. MINUTES 6b. Special Meeting of March 1,2001 M/S Baldwin/Smith approving the Special Meeting minutes of March 1, 2001 as presented, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 7. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 8. CONSENT CALENDAR M/S Smith/Larson approving items a through e of the Consent Calendar as follows: a. Approved Disbursements for Month of February 2001; b. Approved Extension of Lease with the State of California Department of General Services on Behalf of the California Department of Forestry for a Portion of the Ukiah Regional Airport; c. Approved Right-of-Way Agreement Renewal with Louise Younce for FAA/Airport Beacon; d. Approved Amendments to Contract with Jeff McMillen for Golf Professional Services; e. Approved Budget Amendment for the Completion of Urgency Repairs to the Grace Hudson Museum. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address Council. 11. UNFINISHED BUSINESS 11a. Status Report on West Hills Management Plan Battalion Chief/Fire Marshal Yates explained that since the Fire Department's last update to Council on the status of the fire hazard reduction program in the western hills, there have been about 35 days of work from the crews at Parlin Forks Conservation Camp. The project last year began at Low Gap Park and wound through the area west of Maple Avenue and Valley View Drive. This year, the program picked up along the southern boundary of the park and the crews have been progressing south. The fuel break is about a mile long and between 50 and 300 feet wide. This variation of width is a reflection of the type of varying vegetation and the terrain. They are currently working in the area adjacent to West Standley Street. The plan is to next move the crews to around the 300 block of South Highland Avenue and to start working north. This portion will tie into the southern side of the Standley Canyon draw. Regular Meeting March 21,2001 Page 2 of ]8 Some delays in their work schedule have been related to weather, higher priority projects, and also no burn days. All of the property owners in the area of the fuel break have been contacted and staff attempted to keep them informed of the progress around their area. He invited members of the Council to tour this area with him and to see first hand the progress of reducing the fire hazard in the western hills. 11. UNFINISHED BUSINESS 1 lb. Discussion and Possible Action Re_clardin_cl Livin_q Wa~e Policy and Ordinance City Manager Horsley distributed a letter from The Ford Street Project that was received by the City. Mark Rohloff, Executive Director, describes the program and noted that the annual cost, if the living wage proposed ordinance were to go into affect, would add approximately $36,834 to the Ford Street Project annual budget. Options noted in the letter were to reduce the staff or to try to find other funds to accommodate the project. An analysis of a living wage ordinance was prepared by staff and presented in the Staff Report. Proponents of the ordinance express concern that the lowest paid wage earners cannot receive an adequate income to pay for basic living expenses. Opponents believe that the market should be the ultimate determinant of economic distribution. They propose that a living wage ordinance will cause undue increases in costs to the government and will lead to increased unemployment. Staff also performed a survey of several cities. The cities of Corvallis and Oakland were selected for discussion because they are at opposite ends of the spectrum. She reviewed the information on these cities, as provided in the Staff Report. The survey conclusions are that most service businesses contacted that do not provide health benefits pay the higher wage that would be required by the ordinance with the exception of Solid Wastes Systems and the security guards. Most full-time employee wages meet the minimum of $8.75 when there are no corresponding health benefits provided. Some part-time employees start at a minimum wage of $6.25. Twelve paid days off annually are not consistent with most businesses. She discussed the financial impacts to the Ford Street Project and Ukiah Community Center (UCC) due to the fact that they have over 10 employees. The unique issue with CFARs is that the substantial funds received by these entities are not really City funds. The City receives the grants and basically "pass through" to the applicable agencies are federal and state monies that would not come to this community without the efforts of the individual organizations. Staff has attempted to provide Council with relevant data, issues, and analysis relative to impacts of a living wage ordinance. The direct impact on the City, if the requirements of the living wage were imposed on City part-time employees, would be an approximate increase of $55,600 in the first year to the General Fund. This calculation includes the seasonal pool and day camp workers. Unless Council was willing to absorb more of the pool costs, this would increase unless rates were raised at the pool. All full-time positions Regular Meeting March 21,2001 Page 3 of 18 are above the minimum standards of the proposed policy. She advised that this is an extremely complex issue and if the Council chooses to go forward with adoption of such an ordinance, staff would request that in order to reduce staff time and administrative costs, the requirements be based on the honesty system, where compliance is voluntary, and that the CFARs be exempt from the policy. She advised that staff spent approximately 92 hours on this project. Mayor Ashiku inquired of Councilmember Smith if the Ukiah Valley Association for Habilitation receives City contracts. Councilmember Smith explained that his employer, the Ukiah Valley Association for Habilitation, does not receive any contracts with the City at this time; however, they may be interested in bidding on services such as shredding. He discussed the status of his regular and trainee employees and inquired if they would be exempt. Councilmember Baldwin recommended that Council hear the Public Hearing at this time, and then refer back to this agenda item to allow further public comment. Consensus of Council was to continue this agenda item after the Public Hearing portion of the meeting. 10. PUBLIC HEARING (7:00 P.M.) a. Public Hearing and Adoption of Resolution Approving User Fee for Live Scan Finqerl~rint Processing Police Chief Williams explained that the City of Ukiah Police Department recently obtained a Live-Scan Fingerprint machine through a State of California Department of Justice (DO J) Grant. As a result of this grant, the Ukiah Police Department will provide applicant fingerprint service to the community for the purpose of transmitting juvenile, adult, and citizen-applicant electronic fingerprint records to the DOJ. In addition, staff conducted a survey of nearby agencies that charge a user fee for processing fingerprints and conducted an expense determination study to set an appropriate user fee for the community. Based on this cost study, the Ukiah Police Department recommends a user fee of $12.00. Mayor Ashiku noted a typographical error in the Resolution submitted and that the third paragraph should read "Whereas, the City of Ukiah conducted an expense determination study which identified the expense to provide this serve as $12.12, including personnel and material costs". Public Hearing Opened: 7:06 p.m. No comments received. Public Hearing Closed: 7:06 p.m. M/S Smith/Baldwin Adopting Resolution 2001-46, as amended, establishing a User Fee for live scan fingerprint processing in the amount of $12.00, carried by the following roll call Regular Meeting March 21,2001 Page 4 of ]8 vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 11. UNFINISHED BUSINESS 1 lb. Discussion and Possible Action Re~ardin_cl Livin.q Wa.qe Policy and Ordinance Councilmember Baldwin inquired of staff if seasonal employees of the City would be exempted from the proposed ordinance if they were under 18 years of age or students. City Manager Horsley explained that if they are under 18 years of age they could be exempt, however, many of the seasonable employees are college students for the WSI and the lifeguard positions. She did not know what percentage of those employees are under 18 years of age. Councilmember Baldwin referred to the city of Corvallis' rules regarding the record keeping, complaint process, and penalty section, and noted that it is not totally voluntary; that some reporting takes place. He reminded Council of the basic premise that no one who works full time should live in poverty. Also, the City of Ukiah shouldn't be using tax dollars to pay any full time worker less than what it takes to live decently in Ukiah. The proposal is for $8.75 per hour with health benefits and $10.00 without benefits. He advised that research has demonstrated that most of the fears regarding such an ordinance have not played out; such as increase to city budgets, fear that local businesses won't bid on service contracts, and that private providers have had to lay of employees. He continued with discussion of favorable reports from the other cities concerning the results of their living wage ordinances. He discussed the affects on non-profit agencies and consideration should be made as to whether non-profit agencies should pay less than a living wage. He suggested that there be a special section for non-profit organizations in the ordinance that it reads "A non-profit organization qualifying as a CFAR shall be required to come into compliance with the standards contained herein within four years by raising the wages of their substandard employees 25% of the difference between their present pay and the standard wage prescribed herein on an annual basis, factoring in the living wage adjustments as they occur and based on the approved Consumer Price Index. That a non-profit shall be exempted completely from this section if employees fewer than seven employees for each of 20 or more weeks in the current year, or if the salary ration between the highest paid and the lowest paid employee is less than 3.75 to 1 ." It was his belief that since fewer than 33% of the private employers have more than five employees, that Council consider exempting businesses that have fewer than seven employees, rather than 10. He also felt there should be a waiver process that would include trainees, interns, and long-term unemployed and be part of the hardship consideration. Councilmember Libby questioned Councilmember Baldwin as to how he would address the issue of the City's procedure to use open Purchase Orders (PO) with the chain stores. Many of these stores pay minimum wage and provide no benefits. The City does not have a contract with the stores, only a PO. She raised the issue of fairness. Regular Meeting March 21,2001 Page 5 of 18 Councilmember Baldwin responded that the living wage ordinance would only apply to those that received City financial aid or have service contracts. This aspect may have a significant impact in terms of monitoring and compliance factors regarding staff time. Councilmember Smith advised that most of CFAR's funds do not represent 100% of their budget, and in most cases it is only a small portion of their budget. Most non-profit agencies would love to pay well above the $8.75 wage to obtain and retain qualified employees to perform the jobs. However, they do not have the funds to pay this wage and to pay health insurance and other benefits. As an employee of a non-profit agency, he recently was told that they need to plan on a 20% increase in health insurance premiums for the coming year. They pay higher than the $8.75 wage and provide full health benefits. Not all non-profit agencies are in a position to do that and it is a continuous fight to raise funds to meet the daily expenses. He was not in favor of an ordinance at this time, especially when most of the businesses are currently meeting the proposal and if it may result in increased cost to the City or perhaps to those contracts. Mayor Ashiku explained that the impact to part-time employees would result in $55,000 to the City's General Fund. He discussed his concern with the annual allocations to non-profit agencies being reduced in order to increase the wages of part-time City employees. He was not supportive of an ordinance and noted that people have a choice as to their employer and the matter concerns the contractual relationship between an employer and employee. He was opposed to interfering with that relationship. He discussed he functions of other CFAR's and felt that the non-profit agencies will have less money to provide direct services to the needy people they serve because of compliance with this proposed ordinance. Councilmember Smith explained that the general business community sets the prevailing wages in the community. We should rely on them and recognize the situation of Masonite closing which will have a significant impact on wages in the community with the loss of 262 people trying to find jobs. Councilmember Libby advised that she has been an active supporter of small business and employees. She didn't feel the living wage ordinance addresses the real problems in Ukiah as far as wages and benefits. She sees the living wage ordinance more as a political movement that will drive up government costs. You can't bring legislation into Ukiah from metropolitan areas and try to retrofit it to Ukiah. Mayor Ashiku felt the solution is to create jobs, which would solve a lot of the problems in the community. In the past year new industries have been added to the community and felt it is the type of action that creates opportunity and better wages. Councilmember Larson proposed that Council direct Staff to prepare an ordinance or resolution, as appropriate, to require businesses contracting for goods or services with the City to submit a questionnaire with information regarding their wage standards. Regular Meeting March 21,2001 Page 6 of 18 Lynn Hoomalu, Ukiah, explained that many businesses in Ukiah pay less than $8.75 per hour but provide health care, paid leave, and paid holidays. When added together, their hourly wage is more than $8.75. Al Beltrami, representing the Mendocino Employers Council, advised that if the City is interested in the amount of wages paid, they may consider the League of California Cities' effort to support AB181, which will require that the minimum wage of $7.25 be effective in the year 2003, and increased in subsequent years. The minimum wage would then be adjusted annually based on the Consumer Price Index (CPI). Laura De Lovato, Executive Director of the Ukiah Community Center, explained that many non-profit agencies would like to increase wages, however, they are unique in that they do not charge for services and depend on donations to operate. Donated income may have restrictions toward salaries, making it difficult to increase salaries for those working for the program. She explained the funding sources and expenses of the Ukiah Community Center. Terry Poplawski, 612 Walnut Avenue, explained that he is a member of the Mendocino County Coalition Effort. He commended staff for their research on the matter and felt that a living wage ordinance is a worthwhile endeavor. He discussed educational activity about living wages to bring to the forefront of the community. Zohar Zaied, 619 North Pine Street, questioned why the City spends money at local chain stores that have Iow wages, rather than locally owned businesses that pay more. M/S Larson/Baldwin directing staff to prepare an ordinance or resolution, as appropriate, requiring all businesses or organizations that conduct business with the City to provide information as to whether they pay living wages to their employees, based on the criteria discussed. Councilmember Baldwin felt that this motion is the least we can do as a movement towards a voluntary living wage concept for the City. He expressed his disappointment that Council is not considering a living wage ordinance. Councilmember Smith explained that, based on the information provided in the Staff Report, the majority of the businesses that the City contracts with are meeting the goals of the proposed ordinance. By introducing an ordinance, we would not be changing a great deal except maybe introducing some costs to the businesses and the City. He questioned what new information would the City gain by passing the proposed motion. Mayor Ashiku explained that he is opposed to the motion because he felt it would become cumbersome and require businesses to become familiar with this proposal that does not have the majority of Council's support at this time. It would also require businesses to submit compliance reports to the City and for staff to analyze the data. Motion failed to pass by the following roll call vote: AYES: Councilmembers Larson and Regular Meeting March 21,2001 Page 7 of 18 Baldwin. NOES: Councilmembers Smith, Libby, and Mayor Ashiku. ABSENT: None. ABSTAIN: None. Mayor Ashiku thanked the City Manager and Staff for their thorough analysis. 11. UNFINISHED BUSINESS 1 lc, Approval of Fire Subcommittee Members and Authorization to Negotiate with Ukiah Valley Fire District and California Department of Forestry for Fire Service Consolidation Interim Fire Chief Grebil thanked Council for attending the Special Meeting of March 8, 2001 with the LJkiah Valley Fire District (District). At the March 14, 2001 District meeting, a motion was approved supporting the Joint Powers Agreement (JPA) concept to include participation in sub-committee meetings. District President Gattenberger will appoint two members each of the regular and volunteer firefighters from the District to the sub- committee. Councilmembers Larson and Baldwin volunteered to serve on the sub-committee, with Councilmember Libby as an alternate. City Manager Horsley explained that approximately two meetings would be needed to discuss issues related to how the JPA would be set up. Chief Grebil noted that it is preferred that the meetings be held on Wednesday, beginning at 4:00 p.m. Recessed: 7:57 p.m. Reconvened: 8:10 p.m. 12. NEW BUSINESS 12a. Discussion of Wood Stoves-Vice-Mayor Baldwin Councilmember Baldwin explained that he is bringing the matter to Council's attention after a request from Suzanne Pletcher of Ukiah. He stated that no one is suggesting any form of ban on wood stoves, but would like to look at proposals that may improve air quality, particularly during the winter months, related to new construction, remodels, an advisory or mandatory "Spare The Air Day" based on the air quality, and issues related to gas appliances being converted to wood stove appliances. Staff assisted with a brief report, which he read to the audience. The Reports states that the Mendocino County Air Quality Management District (District) does not have an ordinance regulating wood burning stoves. Planning Director Stump advised the Implementation Measure OC-38.1 (d) in the General Plan is essentially completed, item "b" in the Measure, "install only EPA-certified wood stoves, fireplace inserts and pellet stoves". This even applies to remodels if the contractor is proposing a wood stove appliance, then it must be EPA-certified. He noted that 99.9% of the appliances that are proposed are EPA-certified with catalytic converters, etc. At the present time, the City is not requiring conversion of old wood burning stoves. Regular Meeting March 21,2001 Page 8 of 18 Councilmember Larson inquired if there is currently a City ordinance or restriction concerning the installation of non-EPA approved appliances. Mr. Stump explained that although there is no City ordinance, however, there are Uniform Building Code requirements that require an EPA-certified stove. He described the differences between a fireplace insert and a pellet or wood stove, as well as a masonry fireplace. Mayor Ashiku inquired about the status of Implementation Measure 38.1 (b) and (e) and if the District has proposed any regulations. Mr. Stump advised that, to his knowledge, the District has not proposed any measures. With regard to Measure 38.1 (e), he explained that this Measure speaks to a regional approach to the issue. He felt the City should rely on the expertise of the District for technical information relating to a perceived problem that would possibly lead to regulation. There has to be a partnership. City Manager Horsley noted that through the City's General Plan and the attached air quality conditions that were prepared for the Mendocino County Air Quality Management District, there are agreements between the three agencies to complete some of these measures. It was her belief that the District was the lead agency at the time to do some of the programming and planning. She referred to the Air Quality Study which addresses possible actions for residential wood combustion, such as assistance rebate programs for older stoves that do not meet EPA standards, as well as the insulation of better performing wood burning devices for Iow income households. These are some of the items that the three agencies would need to coordinate their efforts. Councilmember Baldwin advised that if it is verified that this particular type of pollution is dangerous, we should move forward to help the situation. Dean Wolbach, Senior Air Quality Specialist for the Mendocino County Air Quality Management District advised that he is present on behalf of Phil Toll, APCO. The District has progressed in some areas, but not nearly as fast as they would like. He advised that the air quality in Ukiah is very good and has been improving over the past 10 years, but has declined marginally in the last two years with regard to particulate material. The District feels that, as growth continues, more and more problems will be seen. They are encouraged by the City's efforts to look at this issue and possibly take action. The District continues to gather information for their Board, and once their General Plan has been approved, their Board will provide them direction with regard to further regulation. In any case, unless they make more stringent regulations than Ukiah, there is no prohibition for Ukiah to set their own standards and there is nothing that the District would do to overwrite it. Ms. Horsley referenced the Criteria Pollutant Emission and Air Quality Table for Mendocino County, attached to the Staff Report, for PM10. She inquired as to the Regular Meeting March 21,2001 Page 9 of 18 fluctuations in numbers. Mr. Wolbach explained that when the District has exceedences on one or two days, one causes may be attributed to wildfires, especially in 1994 and the 1997, as well as the year 2000. Aisc when there is an especially cold winter, there will be an increase. There may be an increase in the year 2001 because there will be an extensive amount of prescribed burning for safety and fire prevention reasons and for an increase in agricultural and forest management burning. He is currently in the process of preparing a Smoke Management Program and Plan to attempt to mitigate those impacts from these types of burning. Mayor Ashiku inquired if there is any raw data on actual exceedence during the winter months that are directly related to residential wood burning. Mr. Wolbach explained that they are currently taking samples of each time they measure an exceedence, and analyzed to determine their major components, and then a random number of samples that are below exceedence levels and analyze them. In every case where they have exceedence, there is a much higher level of wood smoke type material present. He felt that the problem in the Ukiah Valley during the colder months concerns an inversion layer that traps smoke at night fairly Iow down to the valley floor. Mayor Ashiku noted that in light of all these problems, he did not understand why the District is waiting for the Board of Supervisors to move forward with their General Plan. He felt it is a regional problem. Mr. Wolbach explained that although it is a regional problem, it is not at a problem level that triggers both a state and federal emphasis, which translates to the funding they receive. The District is hopeful they can work with the City to get a jump on some of these things before they get to the point of where the federal and state agencies say they must find a solution, and provide funding to do it. Suzanne Pletcher, 1385 Yokayo Drive, discussed problems with smoke from wood stoves causing pollution problems in her neighborhood, which is densely populated. She felt it is a serious public health issue and it directly impacts Ukiah's neighborhoods. She explained that the idea is not to ban fireplaces and woodstoves, but to reduce their impact. In an effort to be constructive, she offered four ideas from other cities, which she provided to Council: 1. Establish a loan or grant program to help homeowners, particularly those who burn wood to heat their homes, upgrade to cleaner burning appliances. 2. Establish a phone number that citizens can call when they are concerned about excessive smoke in their neighborhood. Mail information to all households in the neighborhood. If the complaint is about one home, work with the homeowner to solve the problem. 3. Either require that smoke from chimneys or stovepipes be light (less than 40% opacity) or pass an ordinance that requires new construction and remodels to incorporate Iow-emission fireplaces and woodstoves. 4. Many people in Ukiah use their fireplace or woodstove for special occasions. If they Regular Meeting March 21,2001 Page 10 of 18 could look in the air quality section of the local newspaper and see a symbol that it is okay or not okay to burn, then they can make responsible choices. She explained that wood smoke is particularly harmful to children and requested that Council consider monitoring the area near Nokomis School during the winter months, as well as the proposed new school site on South State Street. She continued to discuss the health problems she has had and those of her family. Park Steiner, Environmental Consultant from Potter Valley, advised that he was involved in getting the County to enact a burn ban ordinance for trash barrels and the process took over two years. He explained that Mendocino County residents are notorious for burning their trash in wood stoves. He discussed the content of PMIO's. There is a high level of toxicity in trash burning because of incomplete combustion of plastics. He suggested another item should be added to the list presented by Mrs. Pletcher that a very strong repetitive public education campaign be established to alert citizens of what they can and should not burn. Once awareness has been established, there will be significant improvement. Tim Pletcher, 1385 Yokayo Drive, stated that the issue concerns negative environmental and adverse health affects to the community at large. He discussed problems related to the growth of Ukiah and felt the City should be proactive regarding the situation. He recommended initiating a rebate program as well as an educational program for the community. Hiawatha Blake, 517 South Oak Street, felt that wood smoke might have contributed to his family's ongoing health problems. He is supportive of an ordinance that would improve the quality of wood burning appliances in new homes. Dotie Copeland, 1240 North Pine Street, stated that she lives next door to a home that burns garbage and plastic in their fireplace. Councilmember Baldwin recommended that Council take the lead to improve the air quality of the community. Councilmember Baldwin inquired if a woodstove needs to be hooked up and in place with new construction projects. Mr. Stump explained that the Building Inspector makes sure that the construction project is completed according to the approved set of plans. City Manager Horsley inquired if there are any timeframes or plans for when the District would be able to implement some of the programs, based on the General Plan and study. Mr. Wolbach explained that this issue is currently under debate within their office. One of the first issues they will look at is what the outcome will be as they work on development of the Countywide General Plan this summer. The District will need to rely on the guidance of Regular Meeting March 21, 2001 Page 11 of 18 the Board of Supervisors before they take action. City Manager Horsley explained that educational information concerning not burning garbage could be included in the City's newsletter and posted on the City's Web Page. There would not be any cost associated with this type of service. However, if additional mailers were needed, then postage would be the greatest cost. Councilmember Smith felt Council should direct Staff direction to provide information to the public that would include incentives for the District to move forward in this direction as well. Mayor Ashiku inquired about the status of the County regarding implementation measures for the Ukiah Valley Area Plan. Mr. Brown explained that a lot of the implementation measures related to air quality have been trimmed back and the Board would like to focus on those that they feel will be accomplished. He was of the understanding that there is a measure requiring all primary dwellings to have a primary source of heat that is not a woodstove. Although there is some wording related to energy efficiency, it is not as clearly defined as when the City reviewed sections related to wood combustion. Councilmember Baldwin felt if the City took a leadership role in the matter it might motivate the other agencies to do something similar. He recommended that Council direct Staff to work with Mrs. Pletcher's concepts, and the Petaluma ordinance, and return in three months to Council with options for wording of an ordinance. Councilmember Libby felt an educational program by the City would be most beneficial. She discussed helping those that are economically disadvantaged and noted these same people are trying to reduce their gas and electric bills. She was not supportive of banning the use of woodstoves in Ukiah. City Attorney Rapport advised that the City does not need to enact an ordinance to implement some of the items discussed. He will investigate regulations concerning new construction. Mayor Ashiku was of the opinion that there is a health issue during the winter months related to an air quality problem as far as particulates. He discussed encouraging public awareness and public education programs. He inquired about an exchange-out program and the costs involved. Councilmember Smith explained that, according to the Ukiah Valley General Plan and the Growth Management Program, implementation measures 03-38.1 (e) would accomplish this concept. He would like to see direction to include incentives to voluntarily retrofit existing homes containing older, highly polluting woodstoves and fireplaces, with the EPA-certified burning appliances. This would be in cooperation with the City, County, and Mendocino County Air Quality District. Regular Meeting March 21,2001 Page 12 of ]8 Mendocino County Board of Supervisor Shoemaker, 1379 Beacon Way, advised that his neighborhood is highly impacted by wood smoke, and he noted that he owns a wood stove. He discussed a committee that he served on last year that directed the District to find state funds for this situation. He recommended Council should contact the League of California Cities, Redwood Empire Division, with their concerns related to this issue, and solicit additional support from other rural cities. With this support, the issue could be taken to the state representatives as part of California's energy crisis, and perhaps the state would provide funds. Currently, it costs approximately $1,500-$3,500 to retrofit an old woodstove. Mayor Ashiku advised that Mrs. Pletcher has presented constructive solutions. A volunteer and educational approach related to the issue is needed. He also felt the concept of meeting on a regional basis would be beneficial and to request funding from the state. He proposed that Council direct staff to pursue the concept of an educational campaign with the City's current mailers to bring about awareness of issues with wood smoke, what we can do as citizens to reduce impacts voluntarily, and to work on a regional solution to meet with cities within Mendocino County, the Board of Supervisors, and the District to develop regional strategy to improve air quality as mandated in the City of Ukiah's General Plan. The City could then pursue options with the League of California Cities and state representatives for funds for a retrofit change-out program. As part of the informational campaign, staff would provide information to Council related to a strategy to utilize media resources to bring about awareness and to publicize the hot line available through the District so people could be informed about conditions that lead to poor air quality. He did not think an ordinance is appropriate at this time. Councilmember Libby requested Staff to look into what citizens can do on a volunteer basis and on an educational basis. She opposed an ordinance at this time and felt current regulations are sufficient. It was her hope that the District Board could be more active. Mayor Ashiku stated that he felt this is a health issue and thanked Mrs. Pletcher for bringing the matter before Council. He felt there is a need to work toward solving this problem and to educate the public. Councilmember Baldwin felt the District does not have a significant ordinance to enforce. The City's General Plan states that the City "may" act in several sections. It does not say that we need to wait for another agency to act first. He felt there might be a need to use funds from the Narcotics Task Force to enforce City ordinances related to planning, zoning, and environmental regulations. Consensus of Council was supportive of direction to Staff to develop an educational program, inter/aced with County agencies, and work towards a legislative solution as far inter/acing with state representatives through the League of California Cities to obtain funds on a regional basis regarding the matter. Councilmember Larson opposed the recommendation to staff. Regular Meeting March 21, 2001 Page 13 of 18 Recessed: 9:41 p.m. Reconvened: 9:56 p.m. 12. NEW BUSINESS 12b. Adoption of Resolution Approving a Pre-Application to the Economic Development Administration for Airport Terminal Remodel Grant Assistant Airport Manager Richey advised that at the previous meeting, the City Council approved a contract for architectural services for the preparation of a pre-application to the Economic Development Administration (EDA) for grant funds for the remodel and upgrade of the Airport terminal and administration buildings. In order to submit that application, EDA requires the City Council also adopt a resolution supporting the project and authorizing the pre-application. Architectural renderings would be available next week. M/S Smith/Libby Adopting Resolution 2001-47, Authorizing pre-application to the Economic Development Administration for upgrade and remodel of the Airport terminal and administration building. Community Development Director DeKnoblough explained the funding for the project and that the City would receive 60% of the cost of construction and the remaining 40% would be from EDA through a Rural Development Corporation loan. It would be a 40-year loan and funding would come from the Enterprise Fund at the Airport. Councilmember Baldwin was of the opinion that the project is too costly and grandiose. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, and Mayor Ashiku. NOES: Councilmembers Larson and Baldwin. ABSENT: None. ABSTAIN: None. 12. NEW BUSINESS 12c. Discussion and Selection of Alternative Way of Spendin.q Remainin_~ KMART Air Quality Mitigation Fund Planning Director Stump advised that when the Big Kmart store was built in 1994, one of the conditions of approval placed on the project was that Kmart would pay into an Air Quality Offset Fund in the amount of $36,250. This money was paid and the Council, at that time, determined that $19,800 from the fund would be spent on preparation of a Master Bicycle/Pedestrian Plan (Plan), and the remaining $16,450 would be used for grant matching funds for implementation of the Plan. The "Walk and Roll Coalition", a local bicycle advocacy group has approached staff with an alternative way to spend the $16,450. They feel that the $16,450 by paying a consultant to prepare grants for the City to secure money to implement the Plan. Staff is supportive of this approach because of the lack of staff time available to spend on grants. He recommended allocating $10,000 for consultant assistance and reserving $6,450 for either grant matching funds or continued consultant assistance if "no-match" grants are pursued. Councilmember Larson advised that in excess of $100,000 is available in STIP funds through MCOG for bike and pedestrian purposes. He noted that a new cycle is coming up Regular Meeting March 21, 2001 Page 14 of 18 soon and the City should receive 5% of between $15 and $10 million. This is a potential source for grant funding that could be pursued. Chris Brown, Mendocino County Air Quality Management District, advised that he serves on the Technical Advisory Committee for MCOG and explained that the deadline for bicycle and pedestrian grants for STIP funding is May 30, 2001 and more than $500,000 is available in that cycle. Discussion followed concerning the matter. It was noted by staff that the projects would be prioritized and be reviewed by Council. There was also discussion concerning the cost for a consultant, depending on the type of grant. The contract for the consultant would be structured carefully. Jennifer Puser, 309 Jones Street, advised that she spoke to Mike Jones from Alta Consulting and he advised her that there would be three or four important grants available soon. She explained that grants available, other than MCOG, include a Federal and State Bicycle Lane Account. Sanjeev Balajee, Ukiah, explained that he is an avid bicyclist year-round. He stressed the importance of moving forward to obtain more bike lanes in Ukiah with a primary concern for safety. He discussed statistics for traffic related fatalities that involve pedestrians and bicyclists and environmental health benefits to the community. Mr. Brown explained that MCOG and the state Bicycle Lane Account looks for matching funds. A State Bicycle Lane Account can be matched with MCOG money. A consultant can match one account with another and make the process work more easily. He advised that bike and pedestrian lanes could also be used for those individuals using a wheelchair, pushing a stroller, and for those using electric mobility carts. Paul Andersen, 309 Jones Street, explained that the Ukiah Police Department was asked to develop pedestrian/bicycle injury statistics. He is supportive of bicycle and pedestrian safety and felt the community is also supportive of bike lanes and improvements to pedestrian walkways. M/S Smith/Ashiku directing Staff to use up to $10,000 of the remaining Kmart Air Quality Funds for consultant assistance for grant writing services. Discussion followed concerning the amount of money to allocate for consultant services. M/S Smith/Ashiku amending the motion to include that $6,450 is allocated for either grant matching funds, or continued consultant assistance if "no-march" grants are pursued. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 12. NEW BUSINESS Regular Meeting March 21,2001 Page 15 of 18 12d. Consideration and Adoption of Resolution Revisincj Compensation for City Clerk City Manager Horsley explained that annually the City Manager discusses the performance of the City Clerk and proposes a compensation increase, as was directed by Council several years ago. An on-going concern is the fact that since the City Clerk is elected, there are no prerequisite skills required in order for a person to run for that position. She proposed to the City Council that one method to adjust for various skill levels of a City Clerk is to provide a 5-step range within which the City Council, based on the job performance of the City Clerk, may place the City Clerk. There is a 5% difference between each step. These steps are also equivalent to the Administrative Secretary classification within the City, but at a 32-hour level. The City Clerk's current annual salary is $20,862, and based on her job performance of the job duties and functions, and the time that she has been in this position, she recommended the City Clerk's compensation be increased to Step C, which is $23,000 annually. She received some information that perhaps more detailed criteria would be preferred by Council as to what level has to be reached to achieve each step. Upon direction by Council, staff can bring that information back to Council at a later date. Councilmember Larson was of the belief that some objective criteria should be established that sets a standard by which Council needs to hold itself in judging the performance of the City Clerk or other elected officials. Because the political option of punishing another elected official through a Iow rating is available to the Council, there should be some measure of accountability. He noted his concern that Council is passing judgment on another elected official. Councilmember Smith referred to the proposed resolution in which it states that during the budget process, the City Manager will perform an evaluation of the City Clerk. Since the City Clerk is an elected position, the real evaluator should be the public that elected the official. Mayor Ashiku discussed the responsibility of the City Manager being charged with the evaluation of the City Clerk because she works with the City Clerk on a daily basis. Councilmember Baldwin discussed the situation if an unskilled person were elected to the City Clerk's position, their salary would begin at Step A, as proposed. Councilmember Libby stated that she is disturbed by the effort to pay the City Clerk based on skills established for City employees. She explained that if the City Clerk gets behind in her duties, she gets help from staff. As an elected official, she makes her own hours and takes time off when she wants. She did not think an annual salary raise is necessary, like an employee, and should not be tying this elected office to the salary of City employee classifications. Mayor Ashiku explained that the public spoke to the issue of whether they wanted the City Clerk to be elected or appointed. The determination of salary, merit pay increases, and Regular Meeting March 21,2001 Page 16 of ]8 performance evaluation, is under the purview of the City Council. City Clerk's have considerable training beyond a high school graduate. The position is very demanding and technical. He felt the City Clerk does a good job of keeping Council informed regarding political filings and other legal matters. He felt it is fair, and the only way to consider compensation is to compare it to comparable work and the hours required. He concurred with the City Manager's findings that the City Clerk has performed her function and has demonstrated throughout the years her capacity to perform these functions very well. He felt that the matter can become politicized by having the City Council do the direct evaluation of the City Clerk and is best handled by the City Manager. M/S Smith/Baldwin Approving the step levels as presented in the Staff Report, and Adoption of Resolution No. 2001-48, Approving Compensation for City Clerk; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: Councilmember Libby. ABSENT: None. ABSTAIN: None. 13. CITY COUNCIL REPORTS Councilmember Smith reported that he attended the annual dinner for the Main Street Program and both he and Assistant City Manager Fierro received certificates of appreciation. The City also received a certificate of appreciation. Councilmember Libby reported that the Sun House Board of Trustees met and there was discussion about having a museum cafb. The Board decided that if this is something the City would like to pursue, it should be a City action and not a Sun House Guild action. Dr. Marvin Trotter provided a presentation to the Chamber of Commerce concerning the Community Recreation Center today. He will be coming before the City Council with a presentation on the status of the Recreation Center and requesting Council's support for this project. 14. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS City Manager Horsley advised that the California Integrated Waste Management Board is doing a Food Diversion Workshop at the Arcata Community Center. She provided information to Council on the Workshop. She also had a draft electricity update from the Public Utilities Department, as requested by Council, concerning the rolling blackouts, conservation, and what can be done. This will be distributed to the public in May. She requested Council's comments prior to reproduction. She noted that the Commissioner Appreciation event would take place on June 10. This event will be combined with the Concert Series. This is the 10th year for the Concert Series and there will also be an announcement that it is the 125th anniversary for the City. City Clerk Ulvila reminded Council that FPPC Form 700, Statement of Economic Interests must be filed in her office by the deadline. Mayor Ashiku announced that he and Councilmember Smith would be attending a NCPA meeting tomorrow and solicited Council's input. Regular Meeting March 21,2001 Page 17 of 18 15. CLOSED SESSION None. 16.ADJOURNMENT There being no further business, the City Council meeting was adjourned at 10:48 p.m. Marie Ulvila, City Clerk Regular Meeting March 21, 2001 Page 18 of ]8