HomeMy WebLinkAboutMin 07-19-00MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, July 19, 2000
The Ukiah City Council met at a Regular Meeting on July 19, 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, Ashiku, and Mayor Mastin. Staff
present: Public Utilities Director Barnes, Finance Director Elton, Assistant City Manager
Fierro, City Manager Horsley, City Attorney Rapport, Deputy Public Works Director
Seanor, Planning Director Stump, Executive Assistant Yoast, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
City Clerk Ulvila led the Pledge of Allegiance.
INTRODUCTION OF NEW EMPLOYEE
3a. Klm Milani, Receptionist/Typist Clerk
Executive Assistant Yoast introduced Klm Milani as the City's Receptionist/ClerkTypist.
She discussed her experience as a Secretary/Receptionist and how well she works with
City staff.
Klm Milani stated she is happy to meet Council and is pleased to be working for the City
of Ukiah.
4. APPROVAL OF MINUTES
4a. Re.qular Meetinq of June 21, 2000
MIS AshikulLibby approving the minutes of the Regular Meeting of June 21, 2000 as
presented, carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
4b. Joint Meetin.q of June 28, 2000 with Ukiah Valley Sanitation District
MIS Smith/Baldwin approving the minutes of the Joint Meeting with the Ukiah Valley
Sanitation District of June 28, 2000, as presented, carried by the following roll call vote:
AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None.
ABSENT: None. ABSTAIN: None.
5. RIGHT TO APPEAL DECISION
Mayor Mastin read the appeal process.
6. CONSENT CALENDAR
MIS Baldwin/Smith approving items a through h of the Consent Calendar as follows:
a. Approved Disbursements for Month of June 2000;
b. Adopted Resolution No. 2001-04 Extending the Length of a No-Parking Zone/Bus
Loading Zone Along Despina Drive;
c. Rejected Claim for Damages Received From MarRarito Ruiz and Referred to the Joint
Powers Authority, Redwood Empire Municipal Insurance Fund;
d. Received Report to City Council Regarding Purchase of Services from Ashford
July 2000
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Heating and Cooling for Replacement of Two HVAC Units for the Civic Center in the
Amount of $8,050;
e. Authorized Execution of Amendment No. 1 to the Service Agreement for Fuel
Card Lock Services for Redwood Oil Company;
f. Adoption of Resolution No. 2001-05 Summarily Vacating a Waterline Easement
Pursuant to Chapter 4, Part 3, Division 9 of the California Streets and Highways Code;
g. Received Report of the Acquisition of Professional Services from Cartwright Aerial
Surveys, Inc. in an Amount of $7,840;
h. Approved Notice of Completion for Trickling Filter Pump No. 5 Installation.
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
Eileen Brown, an employee of the Savings Bank of Mendocino County, commented on a
newspaper article dated July 18, 2000 regarding condemnation proceedings for property
on South State Street. She inquired as to Council's stand on future condemnation
proceedings for the Palace Hotel. It was her opinion that the Palace Hotel is an eye sore
in the downtown area, depreciates property values, and is a nuisance to the downtown
business district.
City Manager Horsley stated that the City conducted a structural investigation of the
Palace Hotel and it was found to be structurally sound. The City is pursuing condemnation
proceedings for the property on South State Street because the structures are unsafe.
Palace Hotel property owners have contracted with a property management firm in Ukiah
to assist with securing the building and addressing public health issues. The City will be
applying for Community Development Block Grant (CDBG) funds for a Planning and
Technical Assistance Study for the Palace Hotel.
NEW BUSINESS
9a. Adoption of Resolution Authorizin,q Execution of Grant Agreement with the
State Coastal Conservancy for the Phase One Development of Gobbi Street
Riverside Park
Planning Director Stump advised that last May, the California State Coastal Conservancy
awarded a $120,000 grant to the City to fund the Phase One development of Gobbi Street
Riverside Park. One of the primary conditions of the Agreement is the adoption of a
Resolution by the City Council authorizing the execution of the Agreement. The City
Attorney has reviewed the Grant Agreement.
Upon an inquiry by Councilmember Libby concerning matching funds necessary for the
Grant, Mr. Stump advised that no monetary match is required and the $55,000 is an in-
kind contribution for staff time. The $120,000 should cover all improvements for Phase
One. There is money available for funding future phases of the project. The City also
needs to have consideration of adjacent property owners.
Discussion followed concerning having enough funds to complete Phase One, riparian
enhancement and its location along the riverbank, stabilization and repair of vegetation
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along the bank, as well as fencing of the park. Liability issues associated with the Park
were discussed.
Mr. Stump explained that the site wouldn't be usable by the public until after Phase One
improvements are complete, fencing established on the perimeter of the property, and
other improvements have been made. Maintenance issues associated with the Parkwere
discussed as well as having a caretaker for the property.
MIS AshikulSmith adopting Resolution No. 2001-06, authorizing the execution of a Grant
Agreement with the State Coastal Conservancy regarding the Phase One Development of
Gobbi Street Riverside Park.
Councilmember Ashiku discussed maintenance of the property and bank stabilization. It
was his opinion that this is a good opportunity to use funds that are not at the taxpayer's
expense. He felt the City has an obligation to protect agriculture lands that buffer park
areas.
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
9b. Adoption of Resolution Settin,q the Limitation on City Expenditures for Fiscal
Year 2000-2001
Finance Director Elton explained that the passage of Proposition 4 in 1979 requires local
governments to prepare a statement of appropriations limitation. Also, each of the
governing bodies must pass a resolution setting the appropriations limit for each budget
year. For Fiscal Year 2000-2001, the calculations show a limit of $22.3 million and
appropriations subject to the limit of $5.6 million.
MIS SmithlAshiku adopting Resolution No. 2001-07 adopting fixed limitation of City
expenditures for Fiscal Year 2000-2001, carried by the following roll call vote: AYES:
Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None.
ABSENT: None. ABSTAIN: None.
9e. Appointment of Voting Dele.qate and Alternate for September 7-9, 2000 Annual
League of California Cities Conference
Consensus of Council was that no Councilmembers would be attending the Annual
League of California Cities Conference in September. City Manager Horsley stated that
she also would not be attending.
PUBLIC HEARING
8a. Adoption of Resolution Approvin,q a Mitigated Ne,qative Declaration for the
Final Closure and Postclosure Maintenance Plan for the Ukiah Landfill
Planning Director Stump advised that the City contracted with EBA Wastechnologies in
May of this year to prepare an Initial Study of the potential environmental consequences
resulting from the closure and postclosure maintenance tasks contained in the Final
Closure and Postclosure Maintenance Plan. Their conclusion, which is shared by staff, is
that the project, as mitigated, will not have a significant adverse impact on the
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environment. Accordingly, staff is recommending the City Council adopt a Resolution
approving a Mitigated Negative Declaration for the project.
Public Hearing Opened: 7:07 p.m.
No one came forward.
Public Hearing Closed: 7:07 p.m.
Councilmember Baldwin expressed concern with staff's Agenda Summary Report that
indicated a number of potential adverse environmental impacts were identified and
successfully mitigated.
Mr. Stump explained that staff concluded that because the changes to the Mitigated
Negative Declaration for the project were minor in scope, they therefore do not constitute
"substantial" revisions, as defined in California Environmental Quality Act (CEQA)
Guidelines. Implementation of a monitoring plan to ensure the mitigation measures are
fulfilled was addressed. There was also discussion concerning the placement of rock on
perimeter roadways of the Landfill.
MIS AshikulSmith adopting Resolution No. 2001-08 adopting a Mitigated Negative
Declaration for the Ukiah Landfill Closure and Postclosure Maintenance Plan, carried by
the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and
Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
PUBLIC HEARING
8b. Adoption of Resolution Approving a Grant Application to the State Community
Development Block Grant Pro.qram (CDBG) in the Amount of $35,000
Bill Thomas, Thomas Consulting, advised that the City is considering applying for
$35,000 to the State Community Development Block Grant Program's (CDBG)
Planning/Technical Assistance that would require the City to provide $8,750 in matching
funds. Funds are sought to further develop a combination homeless shelter/assistance
center in the community. City staff, in association with Mendocino County, the Ford Street
Project, and others, has formed the Homeless Services Planning Group to coordinate
efforts to make the facility, known as the Homeless Shelter/Assistance Center, a reality.
The grant and matching funds would be used to finance needed design and organizational
studies as well as prepare future grants seeking funds to bring the underlying project to
fruition.
Public Hearing Opened: 7:14 p.m.
James Mulheren, 621 Capps Lane, stated he is a member of the Homeless Shelter
Assistance task force and recommends approval of the grant application.
Public Hearing Closed: 7:15 p.m.
MIS SmithlAshiku adopting Resolution No. 2001-09 approving an application for funding
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and execution of a Grant Agreement and any amendment thereto from the
Planning/Technical Assistance Allocation of the State Community Development Block
Grant Program.
Discussion followed concerning the City taking the lead in assisting with the development
of a Homeless Shelter facility in Ukiah and the County's contribution to the project.
City Manager Horsley advised that the County has two staff members on the Committee
and has tentatively approved $50,000 for a temporary homeless shelter in their budget.
She explained that, eventually, the Planning/Technical Assistance Grant would assist in
obtaining a permanent facility for the homeless. The project site would have to adhere to
the City's Homeless Shelter Guidelines if it were located within the City Limits. She further
noted once a location has been selected, it would take both the City and the County to
apply jointly for a CDBG grant for funding needed and it would entail a two-year application
process.
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
9c. i. Discussion and Direction to Staff Regarding Ballot Measures for:
1) Transient Occupancy Tax Be Increased From 8% to 10% in the City of
Ukiah; 2) Property Tax Transfer Modification; 3) Assign Numbers to
Council Seats with Re,qard to Elections; and 4) Elected Versus Rotational
Mayor; Four-Year Term.
ii. Adoption of Resolution Presentinq Ballot Measure(s) as Incorporated in
Item 9d.
Mayor Mastin advised that at the recent Budget hearing, the Council directed staff to bring
back for discussion, various items for consideration to place on the November ballot.
AN INCREASE OF TRANSIENT OCCUPANCY TAX (TOT) FROM 8% TO 10%
Mayor Mastin explained that at the election in 1998, the TOT rate for the County was
approved at the rate of 10%. An increase from 8% to 10% would bring the City of Ukiah to
the same level as the County's TOT rate. Any tax increase needs to go before the voters.
If approved by the electorate, it will bring all motel accommodations within the County of
Mendocino into an equal competitive situation.
Councilmember Libby inquired as to the timeframe for getting the measures on the ballot.
City Clerk Ulvila advised that once Council approves a Resolution designating the ballot
measures, she will publish a notice in the newspaper that will designate each title of the
ballot measure title and allowing a 10-day response period to receive arguments for or
against each ballot measure. The resolution is forwarded to the County Clerk's office.
She noted the resolution would also authorize the City Attorney to prepare an Impartial
Analysis of each ballot measure. This procedure needs to be completed before August 11,
2000.
Discussion followed concerning the timeframe for Council to select ballot measures and
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allowing the public ample time to submit their views concerning the ballot measures.
There was an inquiry by Council as to the electorate vote needed for passage of such a
measure.
City Attorney Rapport did not think passage of an increase in the TOT would require a
two-thirds vote and could be passed with a simple majority vote.
Councilmember Baldwin supported putting the measure on the ballot to allow the
constituency to vote on the issue.
Councilmember Ashiku explained that when the County increased the TOT, they lobbied
the business community for support. The lodging industry requested a commitment from
the County that some of the funds generated by the increased tax would be used for a
promotional alliance in the communities. He felt this is also appropriate in the Ukiah
community.
Discussion followed concerning the City's current TOT revenue and it was estimated to be
$200,000 per year and what the increased tax would generate in revenue to the City from
the City's current hotels.
Jim Mulheren, 621 Capps Lane, advised that the Chamber of Commerce held their
regular Board meeting today and discussed the issue. He stated that they currently
receive 23% of the Occupancy Tax from the County, and approximately 10% from the City.
The Chamber would like to see the City contributing towards promotion of the City and
could gather the support of the business community.
Discussion followed concerning whether to increase the City's Occupancy Tax and
possible benefits to the community. Many Councilmembers were of the opinion that the
issue should be left to the voters to decide. It was also noted the City's lower rate could be
incentive for travelers to stay in Ukiah motels rather than outside the City limits. There was
discussion concerning the impacts to Anderson Valley residents and how they benefited by
the increased tax with assistance to the police and fire departments response to
emergency issues, promotion of their local business economy, and increased job market.
Further discussion followed concerning supporting City of Ukiah businesses with a portion
of the increase in the Occupancy Tax, as well as the possibility of targeting funds for
specific projects.
City Attorney Rapport advised if the ballot measure targets specific projects, it would then
be considered a Special Tax and would require a two-thirds vote of the electorate for
passage.
Councilmember Baldwin discussed targeting the Occupancy Tax revenues for specific
projects such as open space, creeks, bike paths, and park development, and possibly 20%
of the revenue for the Chamber of Commerce and tourism. In this way the public would
know where the money would be spent.
City Manager Horsley explained the currently the Occupancy Tax revenue goes into the
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General Fund. She noted that the City has allocated $19,000 to the Chamber of
Commerce and $10,000 to the Main Street Program that is used for economic development
and tourism.
Considerable discussion followed concerning issues related to increasing the Occupancy
Tax of whether to designate the Occupancy Tax for specific purposes on the ballot; the
way in which the Board of Supervisors handled the matter of increasing the tax;
designating a certain percentage of the tax to the Chamber of Commerce; Council
approving a resolution at this meeting and then designating the funds for specific purposes
at the next Council meeting; and Public Safety expenses associated with development of
promotional activities in the community.
Sue Patel, owner of the Ramada Limited on Talmage Road, was of the opinion that most
travelers look at the tax rate when booking lodging. She felt Ukiah should be promoted
more and noted their brochure rack does not have a brochure for Ukiah. However, other
brochures for coastal towns are stocked. She was not opposed to an increase in the tax if
funds could be used to promote the Ukiah are more.
City Manager Horsley explained that when the County approved the TOT ballot measure,
the revenue was not specifically targeted on the ballot for specific purposes. However, the
Board of Supervisors made a commitment of a certain percentage towards the promotion
of tourism in the County. There are several different brochures about Ukiah that have
been development by the City, the Chamber of Commerce, and the Main Street Program.
A brochure related more towards Ukiah valley tourism should be updated with a current list
of activities.
Discussion followed concerning the County's promotion of the Coastal areas. There was
further discussion concerning not making the use of the funds part of the actual ballot
measure and of Council taking action separate from the Ballot Measure that would make a
commitment to use the funds for specific purposes. It was noted that a future Council
could change how the funds are allocated. Discussion of creating brochures and providing
further information on a Web site followed.
City Manager Horsley stated she could provide Council with further information
concerning revenues from the Occupancy Tax as well as projected revenues with an
increase. Should Council decide to include an increase in the Occupancy Tax in the
Resolution tonight, further discussion concerning specific allocations could be had at the
next Council meeting.
Discussion followed concerning a guaranteed performance of the agencies in which
Council allocates funding from the Occupancy Tax for specific purposes.
A poll of Council concerning whether to include the Occupancy Tax increase on the ballot
with a Consensus by Council that without further information, they could not include the
measure on the ballot for the November election.
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Page 7 of 14
PROPERTY TAX TRANSFER
City Manager Horsley explained that the County collects the property transfer tax in the
amount of $.55 per $5000 of selling prices; $0.275 for the County and $0.275 for the City.
Fifty-five cents is the maximum levy under state law, the City is precluded from increasing
the current rate. If the City lowered its amount, it would then go to the County and not be a
relief to the property owners.
ASSIGNED NUMBERED COUNCIL SEATS
City Attorney Rapport was of the opinion that a General Law City, such as Ukiah, cannot
have numbered Council seats, as provided in the Government Code. He advised that
there are other options available, such as what is currently in place, or by establishing
districts within the City limits. He detailed options related to districts.
Discussion followed concerning the matter of organizing the City into districts and the
issue of challenging a specific Councilmember in an election.
ELECTED VERSUS ROTATIONAL MAYOR; FOUR-YEAR TERM
City Manager Horsley explained that the Mayor is currently elected for a two-year term.
This became effective in 1984, after a majority vote at a general election. Before that time,
the Mayoral position was rotational among Councilmembers.
Mayor Mastin explained that in the early 80s, the intent was for the Mayor's term to be
four years. However, the decision was made at that time to have the term be two years.
He noted that the issue was on the ballot two years ago but failed.
MIS BaldwinlAshiku that a ballot measure asking the question: "Shall the term for
Mayor be elected to a four year rather than two year term of office?" be included on the
November ballot.
Mayor Mastin supported a four-year term for Mayor. He further discussed the duties of
the Mayor's office and that more time is involved with the Mayor's position.
Discussion followed concerning the term for Mayor as well as having an Elected Mayor
versus rotational. It was noted a rotational Mayor's term would be for one year, based
on seniority. Discussion of how the questions need to be presented on the ballot.
Eric Larson, 123 Clara Avenue, felt that four years is too long for the Mayor's position
and suggested that perhaps all Council positions should have a two-year term. He was
of the opinion that the Mayor's position should not be elected separately from other
Councilmembers.
Jim Mulheren 621 Capps Lane, noted that the Mayor's position is more time
consuming and discouraged a one year rotational term because it takes awhile to settle
into the position, and then they would have to rotate again. He was supportive of a
four-year term for Mayor.
July 19, 2000
Page 8 of 14
Motion carried by the following roll call vote: AYES: Councilmembers Baldwin, Ashiku,
and Mayor Mastin. NOES: Councilmember Smith and Libby. ABSENT: None. ABSTAIN:
None.
Councilmember Libby requested clarification concerning the motion and then changed
her vote to "Yes".
MIS Ashiku/Libby that a ballot measure asking the question "Shall the Mayor position
be appointed rather than elected?" be included on the November ballot.
Councilmember Baldwin was of the opinion that the two measures are contradictory
to vote yes on these measures.
Discussion followed concerning giving the public more options with regard to ballot
measures.
Motion carried by the following roll call vote: AYES: Councilmembers Libby, Ashiku, and
Mayor Mastin. NOES: Councilmember Smith and Baldwin. ABSENT: None. ABSTAIN:
None.
There was continued discussion of the matter. It was noted by the City Attorney that the
questions could be presented clearly to the electorate. The effective date for the term of
Mayor was briefly discussed.
Eric Larson, 123 Clara Avenue, inquired if the voters approve a rotational Mayor and four-
year term, would the four-year term apply to the Mayor elected in November?
City Attorney Rapport advised that according to the Government Code, the elected office
would be eliminated on the expiration date of the incumbents' term. On such date,
reselection for the selection of Mayor shall be reestablished. He will research the matter
further and advise Council at their next meeting.
Mayor Mastin advised that an issue came up at the Skateboard Park Committee meeting
at Vineyard Park yesterday concerning allowing the voters decide on the site for a
Skateboard Park, as an advisory measure.
MIS AshikulSmith to include on the Agenda an advisory matter concerning a ballot
measure for selecting a Skateboard Park site, since the need to take action on this item
wasn't known at the time the Agenda was prepared, and the there is a need for Council to
take action before Council's next meeting. Consensus of Council was to include the
matter on this Agenda, and passed by a 4-1 vote.
Mayor Mastin advised that at the Skateboard Park meeting at Vinewood Park, it was
almost unanimous that the City needs a Skateboard Park, but not a Vinewood Park. The
suggestion was made that the voters should be allowed to decide the location. The
Skateboard Park has an active list of sites and perhaps the priority sites could be listed on
the ballot. He stated that he is not in favor of advisory votes such as this and felt that
July 19, 2000
Page 9 of 14
Council was elected to make these decisions. However, this issue has been around for
nearly eight years and he is supportive of an advisory vote of the public.
Discussion followed concerning various Skateboard Park sites identified by the
Skateboard Park Committee. Some Councilmembers were of the opinion that Council
should be able to make a decision on the matter without going to the voters. The issue of
having a Skateboard Park in a residential area was discussed.
City Manager Horsley advised that the Low Gap Road property may be available for a
Skateboard Park and staff will continue to investigate the matter.
Dottle Copeland, 1240 North Pine Street, residing across the street from Vinewood Park,
noted that the people at the meeting were objecting to having all of the skateboarders
coming to their neighborhood, and they wanted to keep Vinewood Park as a neighborhood
park. She suggested the concept of having more than one skateboard facility 0in the City.
Eric Larson, Chairman of the Planning Commission, advised he attended the meeting at
Vinewood Park and discussed the complexity of a Skateboard Park. He was of the opinion
that the person suggesting that the issue go before the voters said it more in the context of
a threat if the City decided to construct a Skateboard Park in Vinewood Park. In most of
the Skateboard Committee meetings, it has been voiced that a skateboard park would not
be welcomed in residential areas. He felt it is Council's job to find a less impacted area for
the site.
PLANNING COMMISSIONER SELECTION PROCESS
Councilmember Baldwin stated that it makes sense that each Councilmember should
individually select a Planning Commissioner versus the current rotational selection process
whereby each Councilmember nominates and all Councilmembers vote on a candidate.
He inquired if Council passed a resolution at their next meeting, when would the matter be
effective?
City Manager Horsley advised that an Ordinance would need to be introduced, then
adopted at a subsequent meeting. Council would then adopt a Resolution and then, as the
Planning Commissioner's terms expire, it would become effective.
Councilmember Baldwin further discussed his concept that as a Councilmember is
elected, they appoint their own Planning Commissioner. This would not be a rotational
process. He felt the current process leads to very frequent decisions by Council to
overturn Planning Commission decisions.
Eric Larson, 123 Clara Avenue, explained that five years ago he was appointed to the
Planning Commission by a Councilmember who's philosophy was different than his. He
felt he was appointed to the position because of his involvement in the community. It was
his opinion that land use decisions are not primarily political in nature and that it is
important to have a variety of perspectives on the Planning Commission.
Councilmember Baldwin suggested the matter be revisited after the November election.
July 19, 2000
Page 10 of 14
Recessed: 9:10 p.m.
Reconvened: 9:15 p.m.
9d. Adoption of Resolution Presentin.q Ballot Measure that the City Clerk Position
be Appointive Rather than Elective, and Other City Council Approved Ballot
Measure(s), Transmittin.q Measure to City Attorney for Impartial Analysis, and
Authorizin.q Ar.quments and Rebuttal Ar.quments in Favor of Measure
City Clerk Ulvila explained that at the Mayor 19, 1999 City Council meeting, Council
considered placing a ballot measure before the voters at a Special Election in November
1999 in support of the City Clerk's position being appointive rather than elective. At that
time, Council determined that it would be more appropriate for the Ballot Measure to be
placed before the voters during the General Municipal Election in November 2000. The
proposed Resolution before Council presents the Ballot Measure asking, "Shall the office
of City Clerk be appointive?" as well as an argument supportive of the Ballot Measure.
MIS BaldwinlAshiku presenting Ballot Measure to make the City Clerk position appointive
rather than elective, be included on the November ballot.
Discussion followed concerning making the Argument in support of the Ballot Measure
regarding the City Clerk's position stronger. The timeframe for submittal of Ballot
Arguments was briefly discussed.
City Attorney Rapport suggested a revision to the Resolution to state that Council will
present Ballot Arguments in the time required by the County, rather than listing the
Arguments as Exhibit A in the Resolution.
MIS BaldwinlAshiku to amend motion to include suggested changes to the Resolution as
advised by the City Attorney.
Further discussion of revising the Argument in favor of the Ballot Measure followed, and
Councilmember Ashiku volunteered to submit suggested wording to the City Clerk's
office as soon as possible. Discussion concerning past problems in the City Clerk's office
and the need for professionalism in the position followed.
City Manager Horsley sited an example that a person with no experience taking minutes
could be elected to the position and then Council may need to offer that individual training
or assign another staff member to those duties. The advantage of having an appointed
City Clerk is that the individual would be tested on their skills and a background check
would be made through the Personnel Department to check their qualifications. As an
appointed City Clerk, they would be an employee with designated hours and
responsibilities.
City Clerk Ulvila stated that she was tested by the Personnel Department and a
background check was performed prior to being appointed to fill the vacancy of the City
Clerk's term in 1998. She stressed that the City Clerk's position is administrative and not a
political position. It is important that the City Clerk remain impartial on matters.
July' 19, 2000
Page 11 of 14
Councilmember Libby stated that the public has wanted to elect their representatives and
do not want their right to vote taken away. She was of the opinion that the position should
continue to be elected.
Councilmember Smith noted that in the past, the public has wanted to elect the City
Clerk. However, the times have changed and the City Clerk is no longer a political but
rather an administrative position. He was supportive of the measure.
Councilmember Ashiku concurred that times have changed significantly and it is very
important that the City Clerk have the skills necessary to fulfill the responsibilities of the
iob. The public cannot determine if a candidate can fulfill the responsibilities of the
position. He expressed a need for a trained, qualified professional to assume the duties of
the position. The City Clerk's position is not political.
Mayor Mastin noted that there is no method for verifying a candidate's skills. The City
Clerk's duties need to be done accurately and professionally. He discussed the
repercussions of electing an individual to the position that is not qualified to assume the
job. An appointive City Clerk would come under the same job evaluations and disciplinary
action if necessary, as other City employees.
Councilmember Baldwin was supportive of an appointed City Clerk and that the Clerk be
appointed by the City Council after a thorough employment review.
City Attorney Rapport advised that the difference between an appointed and elected City
Clerk is that the appointed City Clerk is not required to live within the City Limits.
City Manager Horsley discussed the recent hiring of an Assistant City Manager and noted
that an Oral Review Board interviewed the candidates and background checks were made
concerning their work history and qualifications. Council could decide if an appointed City
Clerk position should be recruited by the Personnel Department, if interviews should be
conducted by Council or an Oral Review Board, and how testing for the position should be
conducted.
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin,
Ashiku, and Mayor Mastin. NOES: Libby. ABSENT: None. ABSTAIN: None.
Discussion followed concerning the wording of the Ballot Measures to be included in the
proposed Resolution.
MIS Baldwin/Ashiku adopting Resolution 2001-10, presenting Ballot Measures asking the
questions: 1) Shall the office of City Clerk be appointive rather than elective? 2) Shall the
office of Mayor be appointed by the City Council from among five elected City Council
members rather than elected?, 3) If the office of elective Mayor is not eliminated, should
the current two-year term of office be increased to a four-year term of office?, carried by
the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and
Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
July 19, 2000
Page 12 of 14
10. CITY COUNCIL REPORTS
Councilmember Smith had nothing to report.
Councilmember Libby had nothing to report.
Councilmember Baldwin advised that he would return at a later date with a presentation
to Council concerning the usage of cell phones and possibly leaf blowers. He distributed
information to Council concerning the history of leaf blowers.
He expressed concern with grading on the hill south of Gibson Creek Canyon and whether
the project developer obtained permits. He also inquired if the City has received
comments from the Board of Supervisors regarding billboards, and the Army Corp of
Engineers concerning "quiet time" at Lake Mendocino.
City Manager Horsley stated no information has been received concerning these matters.
Councilmember Ashiku reported that he attended a LAFCO meeting and discussed
Calpella Water District receiving partial approval to annex their District with a service
agreement to unincorporated areas. The annual Northern California Power Authority
(NCPA) conference is scheduled in Monterey in September.
Mayor Mastin reported he would not run for reelection as Mayor in the November election.
He reported that the Skateboard Park Committee met in Vinewood Park and was attended
by approximately 60 people. Many senior citizens at Walnut Village complained about
noise factors associated with skateboarding. One parent voiced their opposition to having
their children at the Gobbi Street Park unsupervised.
Last week he and the City Manager met with Solid Waste Systems and EBA
Wastechnologies in Santa Rosa and they have revised the construction schedule that will
allow construction prior to the rainy season. They are of the opinion that the Transfer
Station will be built.
He attended a meeting of MSWMA today and they accepted an offer of $785,000 for the
North State Street property from Ron McGehee. The decision to sell the property passed
by a 4-1 vote and there was discussion about how wise it was to sell the property before
another transfer station is in operation.
He advised that the committee formerly named "Hate Crimes Task Force" has been
renamed "Mendocino County Policy Council on Hate Crimes". There is a Memorandum of
Understanding (MOU) between the community, law enforcement, and the schools, that
Council will address at the next Council meeting. He discussed the role of the agencies
involved and noted that a public forum is scheduled on September 14, 200.
11. CITY MANAGER/DIRECTOR REPORTS
City Manager Horsley had nothing to report.
July 19, 2000
Page 13 of 14
City Clerk Ulvila reported that she has begun processing Nomination Papers for various
elected positions for the November election.
Adjourned to Closed Session: 9:55 p.m.
12. CLOSED SESSION
a. G.C. ~54956.9(3}¢c) - Conference with Leqal Counsel - Anticipated Liti,qation,
1 matter
Location: 825 North State Street, A.P. No. 002-091-26
No action taken.
b. G.C. ,~54957.6 - Conference with Labor Negotiator
Employee Negotiations: All
Labor Negotiator: Candace Horsley
No action taken.
c. G.C..~54956.8 - Conference with Real Property Negotiator
Property: Animal Shelter
Owner: City of Ukiah and Mendocino County
Negotiator: Candace Horsley
Under Negotiation: Terms and Conditions
No action taken.
13. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 11:25 p.m.
Marie Ulvila, City Clerk
July 19, 2000
Page 14 of 14
