HomeMy WebLinkAboutMin 06-21-00MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, June 21, 2000
The Ukiah City Council met at a Regular Meeting on June 21,2000, the notice for which
had been legally noticed and posted, at 6:31 p.m. in the Civic Center Council Chambers,
300 Seminary Avenue, Ukiah, California. Roll was taken and the following
Councilmembers were present: Smith, Libby, Baldwin (6:35 p.m.), Ashiku (6:35 p.m.),
and Mayor Mastin. Staff present: Public Utility Director Barnes, Community Development
Director DeKnoblough, Finance Director Elton, Sports and Activities Coordinator Greco,
Risk Manager/Budget Officer Harris, City Manager Horsley, Acting City Attorney Johnson,
Community Services Supervisor Sangiacomo, Deputy Public Works Director Seanor,
Police Captain Walker, Police Chief Williams, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Acting City Attorney Johnson led the Pledge of Allegiance.
3. INTRODUCTION OF EMPLOYEE
Community Services Supervisor Sangiacomo introduced Gina Greco as the City's new
Sports and Activities Coordinator. He discussed her administrative and organizational
skills as well as her extensive background in coordinating community events.
Gina Greco stated she is honored to have this job and enjoys working with youth in the
community and the Community Services staff. She invited Council to tour the Summer Day
Camp, pool facilities, and other programs offered.
4. APPROVAL OF MINUTES
4a. Re.qular Meeting of June 7, 2000
Councilmember Ashiku recommended a correction to page 6, fourth paragraph, and
fourth sentence to read: "There is no basis to support that other than your suspicion."
Councilmember Libby recommended corrections to the following:
Page 4, 11 b, "Councilmember Libby inquired why the matter was included on the Consent
Calendar rather than under New Business on the Agenda."
Page 7, 10b, second paragraph, the last two sentences should be restated as follows:
"She stated a Councilmember should be able to ask for an issue to be detailed if the
request is done in a timely manner. She felt she did this during both of her requests."
Page 8, third paragraph, she felt that she discussed the chronological order of what took
place and why the minutes did not come out on time. She stated that it is appropriate that
this section be written verbatim because it tells exactly what caused the minutes to be
delayed. Also, City Manager Horsley's response afterwards, in which she agreed as to
what had taken place, should also be verbatim.
Page 9, last sentence on the page: "She further discussed popular opinions in the
community concerning Councilmember Libby and her husband.", and requested the
sentence be stricken from the minutes. She did not feel the sentence is appropriate but
rather an attack on her family.
June 21, 2000
Page 1 of 16
Considerable discussion followed concerning Councilmember Libby's request that a
portion of the minutes on Page 9 be stricken from the record. The matter of amending a
portion of the minutes concerning audience comments was referred to the City Attorney.
Reference was made to Councilmember Libby's letter included in the last meeting agenda
packet.
Acting City Attomey Johnson advised that based on the protocol for Council meetings,
Council could correct the record.
Councilmember Libby further stated that she felt that during that portion of the previous
meeting, as noted on page 9 of the minutes, the Rules of Decorum and Conduct were not
enforced.
Councilmember Ashiku noted that one could say that Councilmember Libby's questioning
of whether he had financial interest in Feather Lite at the previous Council meeting implied
that he was unethical and committed self dealing. He came forth and did not disqualify
himself, as he has many times in the past when there was a potential conflict of interest on
his part. He was of the opinion that the public does not have the benefit to have the
minutes altered and changed in regard to their statements.
Councilmember Smith felt the sentence in question is a summary of statements and was
not verbatim. In fact, the statement is neither negative nor positive and one might construe
it to be a positive statement. Since it was made by a member of the community and is a
summary of the public, he was opposed to having the statement removed from the record.
MIS Smith/Baldwin approving the Minutes of the Regular Meeting of June 7, 2000, as
corrected on pages 4, 6, 7, and 8, and carried by the following roll call vote: AYES:
Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: Councilmember
Libby. ABSENT: None. ABSTAIN: None.
5. RIGHT TO APPEAL DECISION
Mayor Mastin read the appeal process.
6. CONSENT CALENDAR
MIS SmithlAshiku approving items a through g of the Consent Calendar.
a. Approved Disbursements for Month of May 2000;
b. Received Notification to the City Council Regarding the Purchase and Installation of
a 48" Exhaust Fan for the Fire Department Apparatus Bay in the Amount of
$6,510.05;
c. Awarded Bid for In-Car Video Systems for Police Patrol Vehicles to Mobile Vision,
Inc. in the Amount of $29,992.46 and Authorized the In-Car Video Systems Project;
d. Authorized Mayor to Execute Contract for the Disposal of Transformers and
Miscellaneous Contaminated Items to Transformer Disposal Specialist, Inc., in the
Amount of $7,067.00;
e. Received Notification to Council Regarding the Award of Bid for the Emergency
Repair of the Digger Derrick Line Truck to Pacific Utility Equipment Company for
the Estimated Amount of $37,599;
June 21, 2000
Page 2 of 16
f. Authorized Execution of Amendment No. 2 to the Service Agreement for Fuel Card
Lock Services for Rino Pacific, Inc.;
g. Authorized Sole Source Procurement by Execution of Amendment No. 3 to the
Agreement with EBA Wastechnologies in an Amount Not to Exceed $25,744
for Subsurface Investigation at the Corporation Yard.
Councilmember Baldwin referred to item 6c, In-Car Video Systems for Police Patrol Vehicles,
noting that originally the Police Department was going to purchase mobile computer terminals
for the patrol cars and he inquired about the status of that plan.
Police Chief Williams explained they a review was made concerning the needs and
availability of the computer equipment, as well as the experiences of other agendes and it was
found that there have been some difficulties with those systems. They have therefore delayed
pursuit of the computers for now. Use of video cameras will not only provide a video record,
but a verbal record as well. He explained how the camera works in the patrol cars.
Police Captain Walker explained that the camera would record audio within 1,000 feet. The
camera is also capable of turning 360 degrees and will be able to video prisoners in the back
seat of the patrol car.
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Donna Roberts, 6400 East Road, Redwood Valley, explained that she is a former 18-year
resident of Sidnie Court which is in the Wagonsellers neighborhood. She described the
area in which the Wagonsellers neighborhood encompasses and the impact on the
neighborhood due to the construction of Kmart. In cooperation with City staff, the Planning
Commission, and the City Council, the neighborhood committee worked on several
projects to improve the quality of life for approximately 500 families living in this
neighborhood.
She referred to a letter written by Councilmember Libby, which was included in the June 7,
2000 Council Packet and later printed in the Ukiah Daily Journal. She disagreed with
Councilmember Libby's statements that there may have been inaccurate information
provided to Council with regard to Clara Avenue traffic calming, references to insider ties,
and to putting an end to this six year long issue. She explained that Council adopted a
resolution committing the City to solving the traffic problems on Ford Street and Clara
Avenue.
John McCowen, Ukiah, commented on the criteria by which businesses are allowed to
locate at the Ukiah Airport. He felt that although Feather Lite seems to be a good business
for the community, it should not have been allowed to locate at the Airport. He also felt
there was no need for Federal Express to be located at the Airport since it is not an Airport
related business.
8. PUBLIC HEARING (7:00 P.M.)
June 21, 2000
Page 3 of 16
8a. Public Hearin,q to Discuss the Fiscal Year 2000/2001 Community Development
Block Grant Pro.qram (CDBG) and to Solicit Citizen Input (Continued to July 3,
2000 at 2:00 p.m., Civic Center, Conference Room 3)
Mayor Mastin announced that the Public Hearing scheduled tonight for the Community
Development Block Grant Program will be conducted on July 3, 2000, at 2:00 p.m. at the
Civic Center, Conference Room 3.
UNFINISHED BUSINESS
9a. Adoption of Resolution Amendin.q Resolution 2000-21 Re.qardin.q Procedures
of Conduct of the City Council Meetin.qs and Discussion of Procedures of
Conduct
City Manager Horsley advised that City Attorney Rapport is on vacation for two weeks
and unable to attend this meeting. She had an opportunity to speak with him concerning
his memo to Council. She explained that he had not read the Procedures of Conduct until
after the last meeting and he wanted to point out to the Council that it currently states on
page 11, Section 11, part I. Minutes/Reading. "Unless the reading of the minutes of a
Council meeting is ordered by a majority vote of the Council...". There is also another
section that says that the Council needs to vote on any changes to the minutes.
Acting City Attomey Johnson discussed Section 11 with regard to the City Clerk's
responsibilities concerning the preparation of the minutes and that any direction for
changes shall be made only by the majority action of the Council. He noted that Mr.
Rapport wrote the Resolution in such a way that if the clause in the final sentence in
Subsection I, Minutes/Request for Detail, ~... unless the request is rejected by a majority
vote of the Council" is not wanted, it could be stricken from the Resolution.
There was discussion of Subsection III, Minutes/Entry of Statements, last sentence: "If the
Council consents thereto, such statement shall be inserted in the minutes." The City
Attorney's proposal was also discussed.
MIS BaldwinlAshiku adopting Resolution No. 2000-46 Amending Rules Governing
Council Meeting as proposed by the City Attorney that requires a majority vote of Council.
Councilmember Libby advised that because Council is revisiting this issue from the last
meeting, she requested her comments be included on the record.
Verbatim Start
"If we approve this the way it is, we are going right back to where we were at the last
meeting, that like minded people would rule the Council minutes. And I don't believe this is
the intent of the people. David's note says this would allow the Council to override
unreasonable requests such as repeatedly requesting verbatim minutes. That has not
been our problem here. We've had verbatim minutes only requested twice. I don't think
that is a problem that we've had to face. I don't think this is a way we should be
addressing it. If a Councilmember position on an issue is out voted by a majority vote, and
that same Councilmember feels that they would like for reasons that that issue be
verbatim, it stands to reason that they could possibly be out voted to have that verbatim.
And I don't think this is what the public would want. It looks like we are politicizing the
minutes. It shouldn't be that a group of Councilmembers should have control of the
June 21, 2000
Page 4 of 16
minutes like that. We were each elected individually as representatives and we make
decisions as groups. But on asking for verbatim minutes, I think that's an individual right of
a City Councilmember. I question that we are not in some way depriving the public of their
right to know when we say that an individual Councilmember cannot preserve information
that they see as important to maintain. We all don't agree on all the issues all the time. I
don't believe any Councilmember's request to have parts of the minutes detailed should be
restricted in any manner, including a majority vote. If in the event we have a problem that
verbatim minutes would be asked all the time, I think we can deal with it. But that has not
been the issue here. Only two times were verbatim minutes on issues asked for out of 18
months. And my instincts are that if I had asked for utilities or the Clara Street traffic
calming devise issue to be in verbatim, that possibly I would be denied that because it
would take a majority vote. And I think this gives the public a poor perception of their right
to know what's going on at our City Council and also shows some good old boyism. You
know, this has been somehow played up as me versus the City Council and, you know, I
have a hard time believing I'm the only person on the Council who believes in the
importance of the public's right to know.
We received a fax from the Employers Council and it didn't make it to our Council meeting.
I guess we received it late in the afternoon of our last Council meeting. I do have some
copies. I know everyone received it after the Council meeting. And, you know, I do want
to draw your attention, if you'd like to have a copy of the Employers Council opposition to
hiring a court reporter which much research was done in that area and we did not even
discuss that, and their last paragraph which says, and I'd like each Councilmember to
consider this: "Thank you for hearing our concerns as we recently dictated to a Board of
Supervisor Committee dealing with the issue of public access to public records. It is better
to err on the side of the public's right to know relative to their governments activity than to
restrict such right even for a good motive." I strongly oppose that a Councilmember has to
get a majority vote to ask for verbatim minutes."
Verbatim End
Councilmember Ashiku noted that under section IV, Entry of Protests, of the proposed
Resolution, it does not require approval of Council. He also noted that whenever
Councilmember Libby requested verbatim minutes, her request was approved. He
explained that when an individual Councilmember receives the minutes in their packet and
then approaches the City Clerk to have them changed prior to the next meeting, it is
contrary to what is allowable under the City Code. Only the Council has the authority to
alter the minutes. Anyone contacting the City Clerk concerning changes to the minutes
prior to the meeting is acting outside the standard procedure. He explained that the
proposed Resolution codifies the process and allows Councilmembers to request, before a
full Council, changes to the minutes. He noted that a representative of the press is in the
audience, the agenda is publicized, people have an opportunity to attend meetings, and
the tapes are available.
Councilmember Libby advised that when the issue of the minutes was brought up about
ten months ago, Council decided that they should be prepared in summary form with detail
when needed. She did not think there has been a problem with that. It was also noted that
if you would like verbatim minutes that you ask the City Clerk before the minutes are done
June 21, 2000
Page 5 of 16
so she doesn't do twice the work. And on each occasion, she felt she was going by
Council's directive.
Extensive discussion followed concerning clarification of the proposed changes to the
Procedures of Conduct for City Council Meetings. In summary, the proposed Resolution
would allow any Councilmember to request at a meeting that the City Clerk includes in the
draft minutes of that meeting a verbatim transcript of any portion of the meeting. If so
requested, the City Clerk shall include the verbatim transcript as approved by the majority
of the Council. The City Attorney's advise with regard to the City Clerk's responsibilities
for preparing the minutes was noted. It was also noted that it was not included in the
Resolution approved by Council in 1999 with regard to the Procedures of Conduct, and
therefore is incorporated into the proposed resolution, and now is consistent with state law.
Discussion continued with regard to Councilmember Libby's request to have her
statements entered into the record at this meeting and whether her request included
verbatim minutes of all Councilmembers concerning the matter. Both City Clerk Ulvila and
Councilmember Libby concurred that Councilmember Libby's request only concerned her
initial prepared statement regarding the matter.
Mayor Mastin was of the opinion that if there is to be verbatim minutes on an issue, it
should include everyone's comments, not just one individual, because it doesn't give a
complete record of the issue.
Councilmember Baldwin felt the key issue is how Council votes on matters and the public
has the option to read the minutes to ascertain what happened at the meetings. He has
been pleased with how the minutes have been prepared by the City Clerk. He noted that
the only time he has heard a request for verbatim minutes is when Councilmember Libby
has asked that her words be recorded verbatim. He felt this is self-serving.
Councilmember Libby recommended the portion of the last sentence under Section I,
Minutes/Request for Detail, be omitted from the Resolution.
Mike Correll, 957 North Oak Street, offered a solution to the issue of the minutes with the
use of video car cameras, as approved under Consent Calendar item 6c. He noted that
sometimes audiotapes and even minutes don't give the over all flavor of what is happening
at a meeting.
John McCowen, Ukiah, explained that the minutes state people's basic positions, record
actions taken, and directions given by Council. He noted the difference between the
summary minutes and verbatim minutes is that the summary minutes show
Councilmembers more articulate. The purpose of the minutes is well served by the
summary minutes and he contrasted them to the minutes of the County Board of
Supervisors. He felt the City Clerk is doing a good job of providing the publicwith minutes
that indicate where people stand and what action is taken. He hopes that Council does not
find it necessary to keep revisiting this issue.
Marge Guintoli, 1216 West Standley, advised that she was Interim City Clerk from June
June 21, 2000
Page 6 of 16
1996 to January 1997, at whch time former Mayor, Colleen Henderson took over the
position. Ms. Henderson served for about 1% years and Ms. Guintoli was Deputy City
Clerk under her supervision. She had been following the deliberations of the minutes by
Council and became upset by Councilmember Libby's letter saying that the minutes had
been "watered down". This offended her because it attacked the professionalism and
integrity of the office of City Clerk. She related her personal experience of transcribing the
minutes of the City Council. The City Clerk tries to give the public the best information in
the briefest vocabulary as possible so that they have a clear understanding of what has
been happening, as well as the vote of Council. She noted that the Agendas are public
and people have the ability to attend Council meetings and listen to those issues facing the
Council. She had previously worked as meeting transcriber for the City of Ukiah for
approximately three years. Even though she understands Councilmember Libby's concern
that the public should have all knowledge, she spoke in support of the resolution because
the City Clerk has other things to do besides taking minutes.
Councilmember Libby advised that she has not, in any way, said that the City Clerk has
not been taking good minutes.
Eric Larson, 123 Clara Avenue, had the feeling that Council is about to embark on a very
dangerous voyage by officially sanctioning specific individual requests for portions of
meetings to be transcribed verbatim. He stated that political agendas are motivating this
issue and it's dangerous territory to start encroaching on the City Clerk, who is an elected
City official, and is tasked with the efforts to summarize what's transpired at a meeting. He
did not feel there is an issue of the public's right to know since the tapes are available.
Since members of the audience do not have a right to request verbatim minutes, he felt
Councilmembers should not have any more power than any other citizen of the community
regarding making such requests. If he wants a transcription of the minutes, he would have
to hire someone to transcribe the tapes, as opposed to a City Councilmember who can
have it done for free by making the request to the City Clerk. He felt anyone, including
Councilmembers, who desire a transcription of the meeting, should have it done on their
own time and not at the tax payers expense. He further discussed the potential for
Councilmembers to continue to request verbatim minutes of portions of meetings due to
political motivations.
Councilmember Libby was of the opinion that the minutes are the permanent historical
record of what happens and the tapes are not kept permanently. She felt that if a
Councilmember feels that an issue is very important and that they would like some detail
on it, they have a right to do that.
Acting City Attorney Johnson noted a typographical error in the proposed Resolution
second to last paragraph should read: "BE IT FURTHER RESOLVED that the amended
version of Section 11 as contained in this Resolution shall replace Section 11 in the
Procedures as it read prior to the adoption of this Resolution."
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin,
Ashiku, and Mayor Mastin. NOES: Councilmember Libby. The Roll Call Vote was
interrupted by the following conversation between Councilmember Baldwin and Libby.
June 21, 2000
Page 7 of 16
Councilmember Libby stated for the record that she is very disappointed with the
direction of Council.
Councilmember Baldwin called attention to a procedural point in that Councilmember
Libby had an opportunity to make her argument prior to the vote.
Councilmember Libby advised that she has the right to make a statement with her vote.
Roll Call resumed by: ABSENT: None. ABSTAIN: None. Motion carried.
Councilmember Libby advised that she requested expansion of discussion concerning
the Procedures of Conduct so that other parts of the Procedures of Conduct could be
discussed.
City Manager Horsley explained that the Agenda item title refers to the adoption of a
resolution amending Procedures of Conduct and also to discussion of the Procedures of
Conduct.
Councilmember Libby stated that she has asked that the Procedures of Conduct for
Council meetings be expanded to include Rules of Decorum as they appear in Section V,
page 4 of the Rules of Order. She felt that Council's last meeting was degrading to this
Council. Under Rules of Decorum Section V, Rules of Order, she addressed item A
"... members shall preserve order and decorum and C, "Persons Addressing the Council."
She was of the opinion that Mayor Mastin allowed Judy Pruden to proceed in a manner
that blatantly violates the Rules of Conduct under section C. Ms. Pruden was stopped
from talking only after she had said everything she could possibly say. Councilmember
Libby felt the comments included unruly and slanderous behavior, could happen to any
Councilperson, and that it is vital to the public's confidence that we ask the Mayor to do
better. Under section "C" it states "Any person making impertinent, slanderous, or profane
remarks, or who becomes boisterous while addressing the Council, shall be called to order
by the presiding officer...". Under "A", "While the Council is in session, the members shall
preserve order and decorum, and a member shall neither, by conversation or otherwise,
delay or interrupt the proceedings or the peace of the Council, nor disturb any member
while speaking." She asked the Rules of Decorum be followed at meetings.
Mayor Mastin inquired if Councilmember Libby will be following the rules as well.
Councilmember Libby stated she would.
Mayor Mastin advised that they look forward to that. He inquired of the City Attorney with
regard to the definition of "slanderous, impertinent, and profane".
Acting City Attorney Johnson advised that profane might get into a question of what is
offensive to God. Impertinent would be implied as disrespectful. Slanderous would refer
to a public statement about somebody that impugned his or her reputation and would be
untrue. To determine if it's slanderous or not, someone would most likely have to bring
June 21, 2000
Page 8 of 16
forward a lawsuit and say that they were slandered and go before a judge or jury.
Councilmember Baldwin inquired about the rules regarding slander for a public official.
Mr. Johnson advised that the rules are different for public officials in their public capacity
and very limited to anything you can do in that context.
Councilmember Ashiku noted that under the Rules of Order, any Councilmember could
call to order if they feel remarks are offensive by anyone and ask the Mayor to rule. He
urged all Councilmembers to consider this and if they find statements by a member of the
audience offensive, they should speak up. He noted that had Councilmember Libby found
any statements made by Ms. Pruden offensive, she had the opportunity to stop her.
Councilmember Libby noted that in the Rules of Decorum, the presiding officer presides
over the meeting. She waited to see how far it would go and it did go all the way.
Councilmember Smith advised that instead of letting the statements of Ms. Pruden
continue, Councilmember Libby chose not to call a point of order and ask the Chairman to
cut it off, which would have ended it. The Mayor did stop Ms. Pruden, and noted that at
some point a person has to have time to evaluate that kind of a decision to stop a speaker.
It bothers him that Councilmember Libby erred in letting the speaker continue to see how
far she would go. He noted that a Councilmember has the authority to declare point of
order.
Councilmember Libby noted that the presiding officer, the Mayor, rules over the speakers
who address Council.
Councilmember Baldwin recalled sayings, or proverbs of "The pot calling the kettle
black", "what's good for the goose is good for the gander", and "Do unto others as you
would have them do unto you".
Consensus of Council was that discussion of the matter has occurred and that Council
should move on to the next agenda item.
NEW BUSINESS
10a. Authorize the Mayor to Execute Amendment No. 2 of Contract No. 96-SNR-
00110 and Exhibit C, Revision 3 to Contract No. 96-SNR-00110 Between the
Western Area Power Administration and the City of Ukiah
Public Utilities Director Barnes advised that for Council's approval is the contract
extension with the Western Area Power Administration (Western). The agreement through
Contract No. 96-SNR-00110, which called for the preference customers to assist Western
and the Bureau of Reclamation by funding some repairs to dams. In return for that
funding, those preference customers who pay their "fair share" have an opportunity to
purchase any of the excess power that is brought about by an increase in capacity as a
result of this repair. The City of Ukiah's share of the contract commitment is based on our
Contract Rate of Delivery as of January 3, 2000 and amount to $18,910.48. These funds
are used to fund specific operations and maintenance projects at the Central Valley Project
June 21, 2000
Page 9 of 16
Facilities. Since Western Power is the lowest cost power available and composes a
significant percentage of our power mix (approximately 20%) staff believes that it is
important to ensure the availability of this power source and recommended approval.
MIS Baldwin/Ashiku authorizing the Mayor to Execute Amendment No. 2 of Contract No.
96-SNR-00110 and Exhibit C, Revision 3 to Contract No. 96-SNR-00110 between the
Western Area Power Administration, carried by the following roll call vote: AYES:
Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: Councilmember Libby.
ABSENT: None. ABSTAIN: None.
7:46 p.m. - Recessed
7:55 p.m. - Reconvened.
NEW BUSINESS
10b. Adoption of Resolution Accepting Portions Commerce Drive into the City's
Street System
Deputy Public Works Director Seanor advised that before Council is a resolution, which,
if adopted, would accept portions of Commerce Drive into the City Street System. The
adoption of the resolution is required pursuant to the provisions of Section 1806 of the
California Streets and Highways Code if the City intends to accept maintenance
responsibility and liability for any public or private street.
MIS AshikulSmith adopting Resolution No 2000-47 accepting portions of Commerce
Drive into the City Street System, carried by the following roll call vote: AYES:
Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None.
ABSENT: None. ABSTAIN: None.
NEW BUSINESS
10c. Report on Independent System Operation (ISO) Alert System and Impendin.q
Rolling Brown Out Requirements
City Manager Horsley advised that this matter is placed on the Agenda since many
people have heard about the Black Outs that were imposed on the San Jose area this past
week.
Public Utilities Director Barnes relayed that the Independent Systems Operation (ISO)
was set up to take control of the transmission of all investor run utilities and to establish a
bid process for purchasing generation to supply a load. He discussed what has been
happening recently in the load centers, such as the San Francisco Bay Area. First there is
not enough generation within that load area to supply the load so they have to import
power across the transmission lines to San Francisco Bay Area. The other problem they
have is that the transmission lines are not large enough, by capacity, to move enough
power across it to serve the load. This year it came to a max within the Bay Area where
there was not enough generation bid into the area and the transmission lines were at their
thermal limit. As a result, P.G.&E. was required to shed load. The only way they could
shed load after they asked their interruptible customers to turn their businesses off and
basically turn the lights off, was to have rolling black outs. That occurred for approximately
five hours one day last week.
June 21, 2000
Page 10 of 16
The transmission grid affects us since we own a piece of the California-Oregon
Transmission Project. We are sometimes called upon to shed load off of that grid and
we've done that once already. Our share of that is only about 800 kW and we met that
shed by shedding City facilities and not having to go to the public. With a generation
shortage on the import on the Bay Area as part of that transmission system, we also have
a block of that transmission system down by the Bay Area.
The good news is that they shed by blocks so there's a huge block of load that's shed, and
then the next block, and so forth. We are basically in the third block and pretty Iow on the
priority list to shed load. However, the bad news is that our share of that shed is 2.1
megawatts that we cannot meet by just shedding City facilities. There is a possibility that
the City of Ukiah may have to shed load and staff is currently working on a protocol to do
that with customers that have generators. Based on the projections, everyone has
estimated that this problem will get worse. No more generation is being built. Additional
transmission lines that have been planned are not being built. He discussed the alert
system whereby first there will be an Alert, then a Warning, then it goes into a Stage 1
Alert, Stage 2 Alert, and Stage 3 Alert. If it gets to Stage 2 Alert, they are asking us to
shed all nonessential load. If it goes to a Stage 3 Alert and they don't get their achieved
load shedding, they could theoretically drop transmission legs and shed load for us.
Councilmember Ashiku reported that at the annual NCPA meeting, they indicated that,
based on weather modeling, there may be black outs four or five days this summer to a
number of cities. This is not due to our lack of capacity or ability to serve our customers,
but that we are being required to shut down. We have the ability to serve customers until
the point that the I$O determines that they will shut us off so they can serve vital load
centers. He discussed how the Sacramento area affects our load and problems with
transmission lines. He explained that it is a statewide problem and not related to the City
of Ukiah's electrical system.
Discussion followed concerning transmissions and the generation plants being built that
are not keeping up with California's growth.
Linda Allenstein, Ukiah, stressed the need for solar energy and discussed alternatives to
electricity, such as windmills. She felt the City should invest in solar energy and that them
is no need for more electrical power.
NEW BUSINESS
10d. Consideration of Request by Councilmember Baldwin Conceminq Ban on Cell
Phones in Various Public Facilities
Councilmember Baldwin was of the opinion that this is an opportunity to lead and take
action that will please the vast majority of Ukiah citizens. He has a hunch that 70%-80% of
Ukiah citizens will strongly support this measure and that 60%-70% would probably like a
measure that is more extensive, and probably 50% would like Council to go further and
ban the use of call phones while operating a motor vehicle. He distributed information to
Council with current data from studies that have been conducted. He further discussed
studies of the University of California Riverside which points to a parallel between what is
June 21, 2000
Page 11 of 16
happening now with cell phones and what happened in years past with cigarette smoking
in public places.
Councilmember Smith agreed that some people could be rude in their use of cell phones
in public places such as restaurants. He voiced his opposition to government controlling
the use of cell phones and recommended those people operating a business could convey
a message that they would appreciate people not be disruptive with cell phones while in
their establishments.
Jim Mulheren, 621 Capps Lane, Ukiah, advised that he carries a phone and is on call for
his work. He has set his phone on vibrate, like as a pager. He expressed his opposition to
regulating the use of cell phones because many people are on call for emergency masons.
Dr. Katrina Rolzinski, 402 West Stephenson, Ukiah, was of the opinion that it would be
difficult to publicly ban people from owning cell phones and we should not assume that
more people are being sensitive and polite in their use.
Linda Allenstein, discussed how microwaves could be harmful to those individuals that
have pacemakers. She discussed how cell phone use while driving a car could cause
accidents, however they are not banned.
Councilmember Libby was of the opinion that although Councilmember Baldwin's heart is
in the right place, there is not enough information to substantiate action by Council at this
time. She noted the importance of using cell phones by the medical profession.
Councilmember Ashiku commended Councilmember Baldwin for caring about the
community. He felt the two issues concerning the use of cell phones are personal conduct
and health issues. He reported that he depends on his cell phone because it puts him in
touch with his dental practice and to be able to be contacted in case of an emergency.
Further studies will tell us what are safe frequencies and the affects of microwave energy.
He discussed personal behavior and felt it is up to businesses to set appropriate limits.
Councilmember Baldwin explained that it's unknown if there are side affects to someone
standing next to the user, however, there are studies that show it causes increasing
warmth of the brain and affects DNA, and some evidence of some microwaves causing
increasing tumors in rats. He discussed the tobacco company statements several years
ago.
Councilmember Ashiku continued to discuss frequencies and evidence available now.
He felt it is unfair to compare cell phone use with tobacco use.
MIS Baldwin/Ashiku directing the City Attorney to draft an Ordinance to ban the vocal
operation of celt phones in restaurants, super markets, theatres, and interior City owned
public facilities.
Mayor Mastin expressed concern with the use of cell phones while driving a car. He
June 21, 2000
Page 12 of 16
inquired of the City Attorney if we have the ability to make it a misdemeanor to use cell
phones while operating an automobile.
Mr. Johnson was of the opinion that should Council attempt to enforce it, it would be
immediately challenged and legal action would follow. The City Attorney's office could
conduct research on the matter to find a basis for its legal ban while operating a motor
vehicle. He was of the opinion that there may be little known law on the question at this
time, however, some municipalities may have tried to institute such a measure because of
the dangers on the highway.
Motion failed to carry by the following roll call vote: AYES: Councilmember Baldwin and
Mayor Mastin. NOES: Councilmembers Smith, Libby, and Ashiku. ABSENT: None.
ABSTAIN: None.
Mayor Mastin expressed a need for research of the use of cell phones while operating
motor vehicles and how other municipalities have handled this issue.
Council expressed consensus on the need for further research of the matter.
City Manager Horsley reported that there have been several discussions of bills at the
legislative level regarding the requirement of having a speaker in a vehicle if one plans to
use their cell phone while driving a car so that their hands are free to drive.
Mr. Johnson clarified that he will research whether there is a way for the City to pass an
ordinance that would allow restricting the use of hand held cell phones while operating an
automobile.
11. COUNCIL REPORTS
Councilmember Smith reported that yesterday he attended the quarterly meeting of the
Homeless Services Planning Group and there was some discussion of the Workforce
Investment Act and how the new rules might affect homeless people. There was also
discussion about Ford Street Project working on the "Oaks Project" on the coast, which
concerns an old hotel that they were trying to develop into a residential center, similar to
the Ford Street Project. That project has been delayed. The Siting Committee has been
meeting on a regular basis and looking at approximately 30 locations of potential and
permanent homeless shelter sites. They are meeting on a regular basis and will continue
to evaluate those sites. They will continue to pursue a solution for a finding a shelter. He
hopes that future Council meetings will focus attention toward this issue rather than talking
about the minutes. They also reported on the transitional housing project, where Ford
Street was going to purchase property next door to their current location, and that has
been completed and they plan to develop it into a single man residential program area.
Their facility on Waugh Lane will be for women and family units. The City is involved to
locate and gain site control for the winter shelter and submit the CDBG grant for purchase,
rehabilitation, and construction. Goal #2 is to increase comprehensive service for
homeless families and disabled individuals. Goal #3 is to increase transitional housing
beds for families with children. Goal #~ is to increase permanent support of housing units
near service centers.
June 21, 2000
Page 13 of 16
Linda Allenstein expressed a need for a homeless shelter during the summer months.
She is grateful to St. Mary's Church for providing shelter during the winter months. She
proposed a shelter be located at Lake Mendocino that would provide bus service and
showers to the homeless. She opposed the Ford Street Project administering a homeless
shelter.
Councilmember Smith reported that although he missed the last Thursday Night Market,
attendance has been increasing. As the produce vendors bring more products, more
people will attend and more vendors are anticipated. The Tuesday night Farmers Market
continues at the Plaza. He discussed the variety of vendors that have attended.
Councilmember Libby reported that August 18, from 5:30 p.m. to 7:30 p.m. has been
announced by the Sun House Guild as the date of the ground breaking ceremony. Due to
the construction of the new wing and remodeling, the gift shop will be looking for a home
for the months of November and December. The gift shop does not make much money
and are hoping that someone will donate space for the gift shop.
Councilmember Baldwin reported that at the last Inland Water and Power Commission
(IWPC) meeting there was good news that the Federal Energy Regulatory Commission
(FERC) final ElS supported the Potter Valley Irrigation District plan which is a 15%
reduction and it can be modified depending on weather and various crop crisis. The Potter
Valley Irrigation District and the IWPC are happy about FERC's decision.
The Sonoma County Water Agency took back its offer to donate $200,000 to the IWPC
and no one knows why. At all the meetings regarding the sale of P.G.&E. power plants,
every faction on the diversion, those that want to completely demolish the dams at Lake
Pillsbury and Van Arsdale Dam, as well as those people that want to open it up even more,
have all agreed that they don't want P.G.&E. to sell the power plant. He is interested in the
Keeley Bill which would provide a time period of six years for local agencies to consider
how they can become a realistic bidder on the project if it goes up for sale.
He requested an update on the status of the City's cable contract negotiations from staff.
He is pleased with the stage that was donated to Todd Grove Park and commended those
that helped to make it a reality.
Councilmember Ashiku had nothing to report.
Mayor Mastin reported attending the first Concert in the Park two weeks ago. Due to
weather conditions, the crowd was reduced. Another concert is scheduled for this Sunday.
He discussed other Councilmembers attending to make opening remarks at the concerts.
With regard to MTA and the Transit Depot, he advised that the straw that broke the camels
back was when their relocation specialist from Sacramento and both attorneys agreed that
to relocate the two businesses that are currently located on site, would cost approximately
June 21, 2000
Page 14 of 16
$1 million. Even though they don't own the land, they own the buildings and because
there are federal dollars involved in the project that initiates a level of regulations. They
have notified NCRA that they are no longer pursuing that project at that site and are
looking for another site. They will notify the grantors that their money will be returned
because they are site specific to the railroad depot. One grant worth approximately
$500,000 will be retained since it is not site specific. They are now looking for another site
that meets their needs for access for MTA, Greyhound, and AMTRACK buses.
12. CITY MANAGER/CITY CLERK REPORTS/DIRECTOR REPORTS
City Manager Horsley reported that she and Public Utilities Director Barnes attended to a
meeting today to listen to Randy Poole of the $onoma County Water Agency. They were
surprised to learn that $onoma County is running out of water. She discussed the
inaccuracy of their projections due to growth. She further discussed their situation, noting
that they are trying to get all the cities in $onoma County to sign an MOU stating that they
will conserve by certain percentages, and will actually pass ordinances regarding water
shortages and water use. They feel they will not be able to get their full water allocation
that they need for 10 years due to environmental studies, lawsuits, and the time frame for
processing. In the meantime they will require people to reduce their water usage.
She reported that a letter was received by MCOG stating that we have received our final
commitment from the CTC for our TEA money for the trees on State Street. Staff has
begun the site review along State Street and an aerial photo will be taken of the area.
She distributed an article about Utility Players related to tapping into water shortage
solutions. She inquired as to which Councilmembers are planning to attend the September
League of California Cities conference in Anaheim.
City Clerk Ulvila advised that the latest addition of the Brown Act were distributed to
Council. She discussed vacancies on various Commissions, with the deadline of June 23.
Mayor Mastin advised that he received a phone call from KC Meadows, Editor of the
Ukiah Daily Journal, regarding the closed session item. She felt that some of the
information that was going to be presented in the closed session was not closed session
material.
City Manager Horsley advised that the information that is being discussed in Closed
Session is a direct result of the lawsuit that was filed against the City, Mendocino County,
and Ukiah Solid Waste regarding the transfer station. It would not have been prepared if it
were not for this lawsuit. She discussed the matter with City Attorney Rapport and he
approved it for Closed Session.
9:14 p.m. - Recessed.
9:30 p.m. - Reconvened.
9:30 p.m. - Adjourned to Closed Session.
June 21, 2000
Page 15 of 16
13. CLOSED SESSION
a. Govemment Code .~54956.9 - Conference with Legal Counsel Regarding
Existing Litigation: Environmentally Sound Policy and South State Business
Association v. County of Mendocino, Case No. 83024
No action taken.
14. There being no further business, the City Council meeting was adjoumed at 9:24p.m.
to the Budget Hearing on June 28, 2000 at 8:00 a.m.
Marie Ulvila, City Clerk
June 21, 2000
Page 16 of 16