HomeMy WebLinkAboutMin 08-02-00MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, August 2, 2000
The Ukiah City Council met at a Regular Meeting on August 2, 2000, 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: Smith, Libby, Baldwin (arrived at 7:00 p.m.), Ashiku, and
Mayor Mastin. Staff present: Public Utilities Director Barnes, Police Administrative
Sergeant Dewey, Finance Director Elton, Assistant City Manager Fierro, Risk Manager
Harris, City Manager Horsley, City Attorney Rapport, Deputy Public Works Director
Seanor, Planning Director Stump, Police Chief Williams, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Vice Mayor Ashiku led the Pledge of Allegiance.
PROCLAMATION
3a. Habitat for Humanity
Mayor Mastin read the Proclamation declaring August 9, 2000 as Habitat for Humanity
Day in Ukiah.
Darlene Bergere, President of Habitat for Humanity-Inland Mendocino County, accepted
the Proclamation and thanked the City for their guidance and patience. A celebration is
planned for August 9, 2000 and she encouraged people to caravan from Todd Grove Park
to the two newly constructed homes on Leslie and Peach Street.
4. APPROVAL OF MINUTES
4a. Reqular Meetin.q of July 5, 2000
MIS Libby/Smith approving the minutes of the Regular Meeting of July 5, 2000 as
presented, carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Baldwin. ABSTAIN:
None.
5. RIGHT TO APPEAL DECISION
Mayor Mastin read the appeal process.
6. CONSENT CALENDAR
MIS Smith/Libby approving items a through e of the Consent Calendar as follows:
a. Awarded Bid for Various Pole and Pad Mount Transformers in the Amount of
$92,213.35 to Various Vendors;
b. Rejected Claim for Damages Received From Mendocino County Probation Department
and Janis Vanoven, and Referred to the Joint Powers Authority, Redwood Empire
Municipal Insurance Fund;
c. Received Report of Acquisition of Professional Services from EBA Wastechnologies in
an Amount not to Exceed $7,970;
d. Approved Budget Amendment for Police Department Towing of Abandoned Vehicles;
e. Received Notification Regarding a Three-Year Contract in the Amount of $22,475.52
August 2, 2000
Page 1 of 14
with Evergreen Job & Safety Training to Provide Job and Safety Training to the Electric
Department.
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Baldwin. ABSTAIN:
None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward to address Council.
UNFINISHED BUSINESS
9a. Discussion of Perimeter Fencin.q for the Proposed Gobbi Street Riverside Park
Planning Director Stump discussed previous Council direction that staff look at
alternative ideas for the perimeter fencing that would be a component of the "agricultural
buffer~' called for in the adopted Concept Plan for the Gobbi Street Riverside Park. He
discussed the advantages and disadvantages of the three alternatives that consist of a
masonry fence, wood fence, and a chain link fence. It is staffs determination that a chain
link fence would be virtually maintenance free, and does not create a surface for graffiti
application. Fence plantings, landscape contouring, and careful tree and shrub planting
would provide significant relief to the institutional and stark appearance of the metal chain
link material. The cost for installing chain link fencing ranges from $30,000 to $50,000,
depending upon the height of the fence and the gauge/thickness of the chain link material.
This would leave enough funding for other components of the phase one development. He
recommended the chain link fencing with plantings for the security-fencing component of
the phase one development project.
Discussion followed concerning the eight-foot high chain link fence as well as the terrain in
which it would be installed. It was noted by staff that some farmers have installed barbed
wire fencing to deter individuals from going onto their property.
Consensus of Council was to direct staff to proceed with option of chain link fencing with
plantings to secure the property.
UNFINISHED BUSINESS
9b. Proposed Settlement with Tom Cash, AKA "Taxi Guy"
Finance Director Elton advised that he met with Mr. Cash and City Manager Horsley on
two occasions. Mr. Cash provided various financial records related to his business
operation. After review of the financial information submitted by Mr. Cash, staff
recommends a settlement in the amount of $9,600 out of a total $15,891.27 still owed by
Mr. Cash on his three loans. Upon Council approval, the City Attorney will draft a General
Release of Liability.
MIS Libby/Smith approving settlement with Tom Cash in the amount of $9,600, carried by
the following roll call vote: AYES: Councilmembers Smith, Libby, Ashiku, and Mayor
Mastin. NOES: None. ABSENT: Councilmember Baldwin. ABSTAIN: None.
August 2, 2000
Page 2 of 14
UNFINISHED BUSINESS
9c. Discussion Concemin,q City's Non-Profit Community Based Or.qanization
Grants Pro.qram and Selection of Subcommittee to Evaluate Applications
Received
City Manager Horsley advised that during Budget deliberations, the City Council
determined $30,000 would be set aside to assist local non-profit agencies with projects
and programs they are unable to fund through other sources. It was determined that the
Program would solicit applications and provide an opportunity for funding two times during
the year. In prior years a subcommittee, consisting of two Councilmembers and City staff,
meet to review the applications received by the deadline, rate the applications, and make a
recommendation to the full Council for its final approval.
Discussion followed concerning the amount of funding to be allocated for each funding
cycle and application deadlines.
Consensus of Council determined that the funding should be $20,000 for the first round
and $10,000 for the second round in January 2001, and that applications should be
returned by September 8, 2000.
Councilmember Smith and Mayor Mastin advised that they have a conflict of interest
and could not sit on the subcommittee. Councilmembers Libby and Baldwin
volunteered to sit on the subcommittee, with Councilmember Ashiku as an alternate.
Councilmember Libby made some suggestions to be incorporated into the letter and
application, such as asking the applicants how the funds would impact the greatest amount
of needy residents, and other ways in which they plan to raise money for their agency.
MIRC AshikulSmith determining funding allocations for each cycle be $20,000 for the first
cycle deadline of September 8, 2000, and $10,000 for the second cycle in January 2001,
with the deadline of February 2, 2001, and that Councilmember Libby's suggestions
concerning guidelines will be provided to the applicants, authorizing staff to solicit
applications for the City's Non-Profit Community Based Organization Grants program, and
that Councilmembers Libby and Baldwin will sit on the subcommittee to evaluate
Applications received.
Councilmember Baldwin recommended there be a question on the application
concerning the wage structure of the agency so that the subcommittee can determine if
they are paying a living wage.
Discussion followed concerning Councilmember Baldwin's suggestion and it was noted
that it might be difficult to find a non-profit agency that pays a living wage. Volunteerism in
non-profit agencies was discussed.
Consensus of Council was to include a question in the application concerning the hourly
wage rate per employee, as a non-determining factor, for informational purposes only.
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
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Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: Councilmember
Baldwin.
PUBLIC HEARING (7:00 P.M.)
Introduction of Ordinance Revisin.q Ukiah Municipal Code Division 9, Chapter
2, Article 15.5 (Homeless Facilities); Adoption of Resolution Establishin.q Use
and Development Guidelines for Homeless Shelters; and Approval of a
Miti.qated Ne.qative Declaration
City Manager Horsley distributed information that was recently presented to the
Mendocino County Board of Supervisors by Ramona Ansoladehere from the Mendocino
County Department of Social Services.
Planning Director Stump discussed the amendment to the Ukiah Municipal Code with
proposed new language that would establish a Use Permit process to review and approve
homeless shelters of all types in most locations throughout the City. Additionally, the new
Code language refers to "Homeless Shelter Use and Development Guidelines" that would
be adopted in Resolution form by the City Council. He explained that the proposed
regulations would provide opportunity for a variety of types of shelters in a broader area of
the City. They also add much needed flexibility in Iocational and operational requirements.
He discussed the Use Permit requirement called for in the new regulations and explained
Exhibit A of the proposed Ordinance that references Use Permit Approval Guidelines.
Discussion followed between staff and Council concerning zoning districts, footage
requirements from schools and residential areas, and other elements related to the
Guidelines.
Mr. Stump noted that the proposed Ordinance and Resolution were sent to a variety of
agencies and only one written comment letter was received from Doug Strong. Mr.
Strong's comments were forwarded to the Planning Commission for consideration and
were incorporated into the proposed Ordinance and Resolution. He advised that the
Planning Commission approved the proposal with minor changes, and the City Attorney
has also reviewed the documents.
Councilmember Baldwin was of the opinion that the proposal before Council is
significantly different than what the Planning Commission unanimously approved. He
expressed particular concern to section 3A, Generally Acceptable Zoning Districts, of
Exhibit A to the Resolution and questioned whether Council is proceeding legally in this
matter.
City Attorney Rapport discussed changes made to the Resolution and how some things
from the Resolution were inserted into the Ordinance. He further discussed identifying
zoning districts, allowed or permitted, as per Government Code procedures. He did not
think there are significant changes to what the Planning Commission previously approved.
He further explained the reason for the changes made to the documents.
Considerable discussion followed concerning the proposed Ordinance and Resolution
along with Exhibit A for each document. Concern was expressed by some
August 2, 2000
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Councilmembers that since the proposal before Council is different than previously
approved by the Planning Commission, that the public should have the opportunity to
further review the changes.
Public Hearing Opened: 7:34 p.m.
Chris advised that he has read the documents and expressed his support for the
Ordinance and Resolution. He prefers the wording of the latest version and the changes
will make it better to implement.
Ed Hamett, Ukiah, was supportive of the needs of the homeless in the community and of
the proposed Ordinance and Resolution. He was of the opinion that there is a need to
address other issues, such as housing and a living wage for individuals. Upon questioning
by Councilmember Ashiku, Mr. Harnett advised that he has not read the documents.
Laura Golina DeLovato, Executive Director of Ukiah Community Center, encouraged
Council to act positively on staff's recommendation. There is a need for a homeless
shelter in the Ukiah community and the proposed Ordinance would assist in providing a
temporary or permanent shelter facility.
Mary Buckley, a Director of Plowshares, advised there is a need for a permanent
homeless shelter in Ukiah. She expressed her appreciation to staff and the Planning
Commission for drafting such an Ordinance and Resolution. She appreciated the trust in
the Use Permit process that each individual site can be evaluated on its own individual
merits.
Ramona Ansoladehere, Housing Coordinator with the Mendocino County Department of
Social Services, advised that a proposal was presented to the Board of Supervisors and
the Board is very interested in this Ordinance. She also discussed the County developing
partnerships with cities, non-profit agencies, and religious groups to address homeless
issues. She is supportive of the recent changes to the Ordinance and Resolution. She felt
the proposed Ordinance would allow more flexibility in selecting a site and approved of the
Use Permit process.
Discussion followed concerning "not in my back yard" (nimby) reaction in various zoning
districts. It was noted that the new Ordinance would require a Public Hearing that will
allow input from neighborhoods.
Mark Rohloff, Director of The Ford Street Project, explained that the proposed Ordinance
and Resolution would provide the framework for selecting a site. He explained that a large
shelter is needed now. He discussed Exhibit A of the Resolution with regard to the size of
a homeless shelter and noted a homeless shelter implies an unlimited time to stay. HUD
defines a homeless shelter stay of up to six months, whereas transitional housing facilities
can be for a longer period of time and can generally accommodate 60 to 70 individuals.
Discussion followed concerning the matter of the definition of a "homeless facility"
compared to a "homeless shelter", whether each would be considered a transitional or
August 2, 2000
Page 5 of 14
permanent facility, and the number of people it could accommodate.
Jim Mulheren, Ukiah, advised that he has been involved with the issue of a homeless
shelter during the past year and was of the opinion that once a site is identified, it will be
more of an education process.
Public Hearing Closed: 8:17 p.m.
Council discussed whether to continue the matter to the next meeting and to allow the
changes to the Ordinance and Resolution to be reviewed by the public. There was also
discussion of whether to have the Ordinance and Resolution, as well as the Development
Guidelines returned to the Planning Commission for review prior to Council taking action
on the matter. Council and staff discussed the Use Permit process and it was noted that a
Public Hearing would safeguard the public's interest and allow them to express their
concerns. Considerable discussion followed concerning various aspects of the proposed
Ordinance and Resolution along with their attachments.
Motion BaldwinlAshiku to return the Use and Development Guidelines for Homeless
Shelters to the Planning Commission for review and recommendation.
Due to discussion concerning whether the Public Hearing would have to be noticed again
if it is sent back to the Planning Commission, City Attorney Rapport advised that legally,
Council is not required to return the documents to the Planning Commission since the
changes made are not significant. Council could announce that the Public Hearing will be
continued to another date and continue with the Public Hearing process at that time to take
public testimony.
Councilmember Baldwin inquired if Council could delete Section 9171 - C concerning
homeless facilities being approved in designated zoning district within the existing
ordinance at this meeting. He was of the opinion that it is disrespectful to not allow the
Planning Commission to review the document again since it is not what they approved.
It was the opinion of City Attorney Rapport that deletion of this section would be
considered a substantial change to what the Planning Commission considered. He further
discussed the problems associated with the standards that are built into the existing
Ordinance related to such items as bathrooms, etc. By only removing the prohibition on
facilities in just one area, and leave all those standards in place, it would be something that
the Planning Commission has not considered as an option. He further noted that the
Planning Commission never considered deleting Section 9171-C from the existing
Ordinance.
Motion failed to pass by the following roll call vote: AYES: Councilmembers Libby and
Baldwin. NOES: Councilmembers Smith, ^shiku, and Mayor Mastin. ABSENT: None.
ABSTAIN: None.
Motion AshikulSmith to continue the Public Hearing to the next Council meeting.
August 2, 2000
Page 6 of 14
It was noted by Mayor Mastin that Section 7 of the Negative Declaration has been omitted
from the packet. It was noted by staff the item was not omitted, but rather a numbering
error occurred. Minor corrections to the documents were noted.
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
Discussion continued concerning requirements for renoticing the Public Hearing as well as
the Planning Commission reviewing the changes made to the documents since their last
review.
Planning Director Stump advised that staff could renotice the Public Hearing and inform
interested parties of when the matter will be rescheduled for Council's review.
Recessed: 8:43 p.m.
8:43 p.m. - Councilmember Ashiku left the meeting.
Reconvened: 8:52 p.m.
10.NEW BUSINESS
a. Approve AQreement for PlanninqlBuildinq Department Plan Checkin.q and
Substitute Buildin.q Inspection Services with Coastland Civil Enqineerinq Inc.
Planning Director Stump advised that in September of 1996, the City entered into a
revised agreement with The Phillips Group of Santa Rosa for Building Permit plan checking
services. Recently, The Phillips Group has indicated that they are no longer willing to
perform the work called for in the 1996 agreement unless their compensation is increased
approximately 25%. In response, staff explored alternatives, and has received a proposal
from Coastland Civil Engineering, Inc. (Coastland) of Santa Rosa to perform the same
services with a slightly reduced compensation package than articulated in the 1996
agreement. In addition, Coastland has indicated that they can provide the City with
substitute building inspection services at a very reasonable cost. This will eliminate the
need to fill the current vacant part-time substitute building inspector position, which has
had high turnover during the past two years. If the contract with Coastland is approved by
Council, staff will return with a budget amendment to reallocate the funds in the Non-
Regular Salary account into the Contractual Services account.
Discussion followed concerning the fees charged by Coastland for plan checking services
and for substitute building inspection, in relation to the Fiscal Year Budget.
MIRC Smith/Baldwin approving the agreement with Coastland Civil Engineering, Inc. for
Planning/Building Department Plan Checking and Substitute Building Inspection Services,
upon the of City Attorneys approval, carried by the following roll call vote: AYES:
Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES: None. ABSENT:
Councilmember Ashiku. ABSTAIN: None.
NEW BUSINESS
10b. Approval of City Council Response to Grand Jury Report on the Operation of
the Ukiah Police Department and Oversi.qht Review of the City Finance.~
August 2, 2000
Page 7 of 14
City Manager Horsley advised that the City has received two Grand Jury Report requests
regarding the Police Department and City Finance/Personnel Departments. The Grand
Jury foreman is asking for the City's response to these two reports by August 31,2000, so
that it can be included in the second printing of the Grant Jury Report and Responses.
She discussed the draft letters of response prepared by Police Chief John Williams,
Finance Director Gordon EIton, and Personnel Officer Melody Harris, and City Manager
Horsley. Overall, staff is very pleased with the reports and with the few findings concurred
or addressed in the reports.
M/RC Baldwin/Smith authorizing Mayor Mastin to execute a letter of response for
submittal to the Grand Jury.
Councilmember Smith discussed training staff concerning individuals with developmental
disabilities.
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, and Mayor Mastin. NOES: None. ABSENT: Councilmember Ashiku. ABSTAIN:
None.
NEW BUSINESS
10c. Discussion of Ballot Measures, Ballot Ar.quments, and Adoption of Resolution
Presentinq Ballot Measures for Appointed City Clerk, Mayor, and Four-Year
Mayor Term, and Possibly to Increase Transient Occupancy Tax from 8% to
10% in the City of Ukiah
Mayor Mastin advised that at the last Council meeting, Council decided not to go forward
with the ballot measure to increase the Transient Occupancy Tax, however, due to a
number of questions expressed by Council and a request to have the matter included on
the agenda, staff has provided further information for Council consideration.
City Manager Horsley explained that staff has provided Council with information
concerning the election timelines and requirements, Ballot Measure Verbiage and
Arguments, information regarding the Transient Occupancy Tax (TOT) and possible effects
on the City of Ukiah, and the City Attorney's response to several questions asked at the
previous Council meeting. The City Attorney has also provided answers to several
questions asked by Council concerning the Ballot Measures for Mayor.
City Clerk Ulvila discussed the Calendar for the General Municipal Election for the
November 7, 2000 election and explained the timeline and procedures for Ballot Measures
and Arguments. She noted that Notice of Ballot Measures was published on July 23, with
a deadline of August 1, 2000. No Arguments for or against the measures were received.
She explained that there was an error in Resolution 2001-10 adopted by Council at the last
meeting and that an amended notice will be published that will include any changes or
additions, if any, made by Council at this meeting. She advised that August 2, 2000 is the
last day for Council to adopt a Resolution approving any Ballot Measures for the
November election. Confirmation was received from Mendocino County Clerk Marsha
Wharff that she would be agreeable to accepting Arguments for/against Ballot Measures
by August 15, 2000. This would allow publication of an Amended Notice on August 4,
August 2, 2000
Page 8 of 14
2000, with the deadline for receiving Arguments of August 14, 2000. Any citizen wishing to
submit an argument for/against a measure should submit it to the City Clerk and she will
forward it to the Mendocino County Clerk at the end of the deadline.
City Attorney Rapport advised that if more than one argument is submitted for or against
a measure, the City Clerk has to pick the one she considers to be the most representative.
Only one argument for and one against a measure is submitted to the Mendocino County
Clerk regardless of how many are actually submitted.
City Manager Horsley discussed verbiage for Ballot Measures arguments since Council
needs to approve exact wording of measures in a Resolution. Various scenarios were
given since several Councilmembers had called her with concern about the wording of the
measures. The City Attorney's Impartial Analysis for the measures concerning the City
Clerk and two for the Mayor were distributed to Council at the meeting. Included in the
Council Packets were draft arguments in favor of appointed City Clerk and Mayor in the
Staff Report.
She advised that the current budget contains an estimated $235,000 to be received from
Transient Occupancy Tax (TOT) at the 8% rate. However, two Site Development Permit
applications for new motels have been submitted to the Planning Department and if
approved, could add an additional 127 rooms within the City Limits. She discussed the
differences in projected revenue with the TOT increase.
At Council's previous meeting there was considerable discussion as to how this money
could be used. She discussed Economic Development and tourism issues that need to be
developed, a program for business retention within the City and how we can assist current
businesses, outlets for increasing tourism and promoting the Ukiah area, expansion of the
Fagade Improvement Program to allow a greater area to benefit from the program, and
marketing tools such as motel guides and expansion of the City's Web page. Other
projects of interest noted by Council are the Skateboard Park, Recreation Center, and
development of Riverside Park.
She explained that the City Attorney believes that increasing the TOT only requires a
majority vote as long as the measure does not specify how the tax revenues must be used.
If the tax measure specifies the use of the revenues it becomes a special tax and requires
a 2/3 favorable vote to pass.
Councilmember Libby noted that at the last Council meeting they did not have the
information presented by staff concerning the TOT, however, Council did discuss the
matter and voted not to bring it back again. She questioned whether it was proper for staff
to bring the matter back to Council since they already voted on it.
City Attorney Rapport did not think it was improper to bring the TOT issue back to
Council. There were a lot of questions at the last meeting and he thought that was the
reason why Council decided not to act at that time. Staff therefore is providing Council
with the information requested and this will be Council's last opportunity to deal with the
issue before this election cycle is passed.
August 2, 2000
Page 9 of 14
Councilmember Libby understood that when Council votes on something, it couldn't be
brought back unless a Councilmember who votes in the majority brings it back.
City Attorney Rapport explained that this applies if Council is reconsidering an action that
Council already took. You have to take it at the same meeting where the action was
originally taken and then someone who voted in favor of the measure can only reconsider
it on a motion. The item before Council concerning the TOT is not reconsideration but is
just being brought back to Council again. Staff is not asking Council to reconsider the
matter that was voted on at the last meeting. There is nothing that prevents Council from
taking up an item, anew, at a subsequent meeting.
Council discussed and expressed their views concerning the suggested verbiage for the
Ballot Measures concerning the City Clerk and Mayor, as noted on page 2 of the Agenda
Summary Report.
City Attorney Rapport presented a legal point of order by stating that under Government
Code Section 36509, if you are going to put on the ballot the measure to propose making
the City Clerk's office appointed, it has to be stated in the following form: "Shall the office
of the City Clerk be appointive?" The measure has to use the word "appointed" and be
substantially in the form of a statutory question. He advised that it is different for the
position of Mayor. The statutes say that if you put on the ballot a measure making the
Mayor elective, then you have to ask the question "Shall the electors elect the Mayor and
four City Councilmembers?" as the measure. It also says that you can always put on the
ballot to eliminate the position of elected Mayor.
Councilmember Baldwin discussed the matter of conflicting propositions.
MIRC Libby/Smith regarding the verbiage for the Ballot Measures for City Clerk and
Mayor to read as follows:
1. "Shall the office of the City Clerk be appointed rather than elected?"
2. "Shall the office of Mayor be appointed by the City Council from among the five
elected City Councilmembers rather than elected?"
3. "If the office of elective Mayor remains an elected position should the current
two-year term of office be increased to a four-year term of office?
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, and Mayor Mastin. NOES: None. ABSENT: Councilmember Ashiku. ABSTAIN:
None.
City Attorney Rapport discussed Proposition 62 that was codified in the Government
Code and specifies a majority vote for general taxes and two-thirds vote for special taxes.
If it's a general tax, not a property tax and not a special tax, it can pass by a majority vote.
If it's a special tax then it requires a two-thirds vote. A special tax is a tax that is passed
for a specific purpose as opposed to a general tax that is a revenue raising measure that
puts additional funds in the General Fund of the jurisdiction.
Councilmember Baldwin inquired if Council can designate in a resolution how it intends
August 2, 2000
Page 10 of 14
to use the additional revenue if the measure passes.
City Attorney Rapport explained that if it were not phrased on the Ballot Measure, then
the Ballot Measure presented to the voters would be considered a general tax. There is
noting to prevent the Council from deciding how it wants to spend any anticipated
revenues that could result from that measure. Council could do that at this meeting or at a
subsequent meeting prior to the election so that the voters would know how you intend to
use the additional revenues. However, this would not be something that the voters would
vote upon that would be binding on the Council and that could only be changed through
another vote of the electorate. He reiterated that Council could adopt a resolution as soon
as their next meeting, if at all, so that the public would be aware prior to the election.
Discussion followed concerning differences between a Special Tax and a General Tax and
how other cities have handled similar situations and designating increased revenue for
specific purposes.
Elizabeth Brazil, representing the Chamber of Commerce, discussed how Mendocino
County dealt with the situation when they increased their TOT two years ago. The
Mendocino Alliance was formed after the passage of the measure that included the
Chamber of Commerce, Employers Council, Winegrowers Alliance, and other groups and
they assisted in the passage of that tax.
City Manager Horsley advised that at the Board of Supervisors meeting, they stated that
they would be willing to allocate money from the increased tax into the Alliance.
Councilmember Baldwin was of the opinion that Council should support the measure with
a resolution explaining how this Council intends to spend the increase. He recommended
additional revenue resulting from the increased 2% of TOT should be used only for Ukiah
commercial area beautification, parks and open space acquisition and development,
homeless shelter support, and Ukiah promotional activities. He stressed the importance of
locking the increased funds for specific purposes. He also noted the importance of
beautifying Perkins and State Streets.
Councilmember Libby did not support the increase unless it was put on the ballot as a
Special Tax because she felt a Resolution would not guarantee the funds would be used
for those purposes since the makeup of the Council could change with the next election
and they could change the Resolution.
Mayor Mastin felt the increase in TOT could potentially resolve two long-standing and
important issues of the homeless shelter and a Skateboard Park. He discussed tourism
and beautification of the City. He was confident that a future Council would be respectful of
decisions made by this Council and that the spirit of the plan is continued. He felt
promoting Ukiah is very important.
M/RC Baldwin/Smith directing staff to bring back a resolution for Council consideration in
two weeks that supports an increase in TOT tax from 8% to 10% to be used solely for the
following purposes: Ukiah commercial area beautification, parks and open space
August 2, 2000
Page 11 of 14
acquisition and/or development, homeless shelter support, and Ukiah promotional
activities.
City Attorney Rapport advised Council concerning the preferred wording for use of the
funds.
MIRC Baldwin/Smith amending the motion and directing staff to bring back a resolution
for Council consideration in two weeks that Council will use increased revenues which may
result from the Ballot Measure of increasing the TOT tax from 8% to 10% solely for these
purposes: Ukiah commercial area beautification, parks and open space acquisition and/or
development, homeless shelter support, and Ukiah promotional activities.
Councilmember Libby advised, for the record, that she "will not be voting for this because
we are not specifying on the Measure where the revenue is going."
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, and
Mayor Mastin. NOES: Councilmember Libby. ABSENT: Councilmember Ashiku.
ABSTAIN: None.
City Attorney Rapport noted that paragraph 3 of the Resolution, Attachment 4, will need
to be rewritten to "City Councilmembers shall file ballot arguments..."
MIRC Baldwin/Smith Adopting Resolution presenting four ballot measures for Appointed
City Clerk and Mayor, for Four Year Mayor Term, to Increase TOT from 8% to 10% in the
City of Ukiah, and to change the wording of paragraph 3 from "The City Council shall..." to
"City Councilmembers shall..."
Councilmember Libby inquired if the vote on the Resolution would put the TOT on the
ballot. She requested that the TOT measure be included in a separate Resolution.
Discussion followed concerning Councilmember Libby's proposal.
M/RC Baldwin/Smith withdrawing previous motion.
MIRC Baldwin/Smith Adopting Resolution No. 2001-11, presenting three ballot
measures for Appointed City Clerk and Mayor, for Four Year Mayor Term, to read as
follows:
1. "Shall the office of the City Clerk be appointed rather than elected?"
2. "Shall the office of Mayor be appointed by the City Council from among the five
elected City Councilmembers rather than elected?"
3. "If the office of elective Mayor remains an elected position should the current
two-year term of office be increased to a four-year term of office?"
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, and Mayor Mastin. NOES: None. ABSENT: Councilmember Ashiku. ABSTAIN:
None.
August 2, 2000
Page 12 of 14
M/RC Baldwin/Smith Adopting Resolution No. 20010-12 presenting one ballot measure
to "Amend Ukiah City Code Section 1752 by increasing the Hotel-Motel Room Occupancy
Tax from 8% to 10% in the City of Ukiah", and to change the wording of paragraph 3 from
"The city Council shall...' to "City Councilmembers shall..." carried by the following roll call
vote: AYES: Councilmembers Smith, Baldwin, and Mayor Mastin. NOES: Councilmember
Libby. ABSENT: Councilmember Ashiku. ABSTAIN: None.
1'1. COUNCIL REPORTS
Councilmember Smith reported spending a week at Eagle Lake and he visited a
skateboard facility in Susanville. He described the skateboard facility, noting it is located
in a neighborhood park across the street from residences.
Councilmember Libby reported that she attended a County Recreation Center Committee
meeting and they are selecting their Board of Directors. She inquired if Council wants their
representative to be an ex-officio member or a voting member.
Consensus of Council was that the representative on the County Recreation Center
Committee be a voting member.
Councilmember Baldwin drew attention to a sign on South Dora for Meadows Physical
Therapy that is very unattractive. He felt the sign ordinance needs to be revisited with
regard to the quality of signs.
Councilmember Libby explained that she spoke to Building Inspector Tuliback about
signage and noted that it is the City's policy not to take action on signs unless there has
been a complaint.
Mayor Mastin reported that Planning Commission Chairman Eric Larson suffered a stroke
last Friday and he is still in hospital. He discussed his condition.
City Manager Horsley reported that staff sent him a card from Council.
Mayor Mastin reportedly made an error concerning the ribbon cutting ceremony for the
new Veterans Administration Hospital on Hospital Drive. He thought the ceremony was
today, but it was yesterday.
Last weekend he attended the very successful production of Ukiah Symphony's The Music
Man at Fetzer Vineyards in Hopland. Also, last Sunday was Ukiah Player's Sunset at the
Cellars with a number of groups playing at Charlie and Marsha Barra's Redwood Cellars.
He advised that the founder of Habitat for Humanity would be in attendance at their next
meeting on August 9th. On August 10, 2000, he plans to take a two-day bus tour with MTA
Director Bruce Richard from Santa Rosa, up the coast to Fort Bragg, and back to Ukiah.
The purpose of the bus trip is to speak with riders and check out the new buses.
He advised that he will be out of town this Sunday and will be unable to attend the
California Human Development Corporation festivities and ribbon cutting ceremony.
August 2, 2000
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Councilmember Libby volunteered to attend on behalf of the City Council.
12. CITY MANAGER/CITY CLERK REPORTS
City Manager Horsley repoded that tomorrow she and the Mayor would be interviewed on
radio station KUKI. She also reported that Mrs. Golden has contacted staff and has asked
for an extension of the time requirements concerning the abatement proceedings for the
structures located on South State Street. Staff told her that they would consider her
request if there is evidence that she is making progress concerning the matter.
10:37 p.m.- Adjourned to Closed Session.
13. CLOSED SESSION
a. G.C. §54957.6 - Conference with Labor Neqotiator
Employee Negotiations: All Units
Labor Negotiator: Candace Horsley
No action taken.
14. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 11:10 p.m.
Marie Ulvila, City Clerk
August 2, 2000
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