HomeMy WebLinkAboutMin 05-01-02MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, May 1, 2002
The Ukiah City Council met' at a Regular Meeting on May 1,2002, the notice for which had
been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300
Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers
were present: Larson, Smith, Libby (6:32 p.m.), Baldwin, and Mayor Ashiku. Staff
present: Community Services Director DeKnoblough, Finance Director Elton, Risk
Manager/Budget Officer Harris, City Manager Horsley, City Attorney Rapport, Customer
Service Supervisor Sangiacomo, Planning Director Stump, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Councilmember Baldwin led the Pledge of Allegiance.
6:32 p.m.: Councilmember Libby arrived at the meeting.
3. PROCLAMATIONS
3a. National Association of Letter Carriers (NALC) Food Drive
Mayor Ashiku read the Proclamation proclaiming May 11,2002 as NALC National Food
Drive Day in Ukiah and urged all citizens to take part by placing a food donation by their
mailbox on Saturday, May 11 so their letter carrier can pick it up and deliver it to the Ukiah
Food Bank.
3. PROCLAMATION
3b. America The Beautiful Day In Ukiah
Mayor Ashiku read the Proclamation proclaiming May 27, 2002 as America the Beautiful
Day in Ukiah and urged all citizens to gather with family to participate in the planned
Memorial Day activities, and take a moment (o thank those who have gone before us in the
diligent and unrelenting effort to maintain our freedom and liberties as Americans.
Mary Lindley, Vice President of' Operation Flags in Ukiah, thanked Mike Harris for
composing the Proclamation. She also recognized the efforts of the Rick Buckman,
Veteran's Service Officer for Mendocino County and Secretary for Operations Flags, and
introduced members of Operation Flags.
6:39 p.m.: Mayor Ashiku left the meeting.
4. APPROVAL OF MINUTES
4a. Regular Meeting of April 3, 2002
Councilmember Smith recommended a correction on page 11, fourth paragraph, the
second to last sentence to read, "He also attended a MTA Board meeting in Fort Bragg
and heard from community members wanting more service."
Councilmember Baldwin recommended a correction on page 10, fourth paragraph, to
read, "Vice-May Baldwin expressed concern with these water districts using water for
agricultural and irrigation purposes and maintaining proper records of water diversions."
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May 1,2002
Page 1 of 14
Councilmember Larson recommended a correction on page 10, fifth paragraph, the
second sentence to read, "Under the agreement we will bill them for the cost of that water."
Councilmember l,ibby recommended a correction on page 5, sixth paragraph, the last
sentence to read, "She expressed her support for the project and how it would benefit
children in the community who currently do not have access to this type of program."
M/S I_arson/Smith approving the Regular Meeting' Minutes of April 3, 2002, as amended,
carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Vice-
Mayor Baldwin. NOES: None. ABSENT: Mayor Ashiku. ABSTAIN: None.
4. APPROVAL OF MINUTES
4b. Regular Meeting of April 17, 2002
Councilmember Larson drew attention to page 6, second paragraph, third sentence
which reads, "This is based on the level of Lake Mendocino and availability of power", and
felt that Director Barnes was speaking about Lake Shasta, not Lake Mendocino.
City Manager Horsley advised that staff would consult with Director Barnes regarding his
statement and felt the statement should read, "This is based on the level of Lake Shasta
and availability of power."
Councilmember Larson recommended a correction to page 7, eighth paragraph, first
sentence to read, "Community Services Director DeKnoblough advised that at theMarch
20 meeting, the City Council approved the extension of the lease with the American Red
Cross for 1800 North State Street (North Fire Station) until the May 15'h meeting."
6:43 p.m.: Mayor Ashiku returned to the meeting.
Councilmember Baldwin recommended a correction to page 4, sixth paragraph, first
sentence to read, "Rick Piffero, Redwood Valley, submitted a letter to the Council that was
addressed to the Redwood Valley Water District."
Councilme'mber Libby' recommended a correction to page 12, fifth paragraph, last
sentence to read, "The Ukiah Police Officers Association has challenged the Mendocino
County Sheriff's Association" to meet their match."
City Clerk Ulvila inquired as to who led Pledge of Allegiance at the April 17, 2002
meeting.
Mayor Ashiku advised that he led the pledge.
M/S Smith/Baldwin approving the Regular Meeting 'Minutes of April 17', 2002, as
amended, carried by the following roll call vote: AYES: Councilmembers Larson, Smith,
Libby, Baldwin and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None.
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May 1, 2002
Page 2 of 14
5. RIGHT TO APPEAL DECISION
Mayor Ashiku read the appeal process.
6. CONSENT CALENDAR
M/S Larson/Smith approving items a through h of the Consent Calendar as follows:
a. Received Report of Disposition of Surplused Materials, Used Equipment and Supplies;
b. Adoption of Ordinance No. 1037 Rezoning Portions of Assessor Parcel Numbers 003-
472-08,003-472-13, and 003-472-14 From C-2 to C-N;
c. Approved Letter of Support for Mendocino County Youth Project's Grant Application for
Funds From the Family and Youth Services Bureau for a Transitional Living Project;
d. Approved Notice of Completion for Construction of Riverside Park Perimeter Fencing;
e. Awarded Bid to Mike Dunn Painting for Painting the Interior Walls of the Ukiah Civic
Center in the Amount of $19,220;
f. Awarded Bid to Carpet One of Ukiah to Remove and Replace Carpeting at Ukiah
Municipal Golf Course Pro Shop and Ukiah Civic Center in the Amount of $77,988;
g. Awarded Bid for Various Pad Mount Transformers in the Amount of $60,101.84 to
Various Vendors;
h. Awarded Bid to Sangiacomo Landscape Services for Landscape Design and
Installation Services at Various City of Ukiah Locations.
Motion carried by the following roll call vote: AYES' Councilmembers Larson, Smith, Libby,
Baldwin and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Dotty Copeland, Ukiah, advised that the Mendocino County Mental Health Department
Cultural Competency Committee would be presenting "Gang Prevention and/ntervention
Community Training" on May 31, 2002 at the Ukiah Valley Conference Center.
Si
UNFINISHED BUSINESS
Consideration of Ballot Measures for November 2002 Election and Possible
Action Regarding S~3ecial Legislation For Local Sales Tax and Room
Occupancy Tax
City Manager Horsley advised that the City Council has discussed several possible ballot
measures during recent months. A letter from the Greater Ukiah Chamber of Commerce
was. submitted to Council this week stating that they would not support-a TOT increase.
She advised that the item concerning special legislation is before Council,' as a decision
must be made by May 1 requesting special legislation for an increased sales tax limit
along with all the other cities and the County, on special legislation sponsored by
ASsemblywoman Virginia' Strom-Martin. This would allow flexibility for the Council to
consider all tax issues for future ballot measures.
Mayor Ashiku explained that if the legislation were approved, it would allow the City to ask
the question of the voters at sometime in the future as to whether there should be an
increase in sales tax.
M/S Baldwin/Ashiku to return to Council at the first.meeting in June with the proper
resolution to refer to the citizens of Ukiah for their vote at the November 2002 election to
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May 1,2002
Page 3 of 14
increase the City's Transient Occupancy Tax (TOT) from 8 to '10 % and that the resolution
specify that the TOT tax shall be used solely for the following purposes: 1) acquisition and
protection of open space in the western hills of the Ukiah valley, 2) undergrounding of utility
lines to beautify the key commercial thoroughfares of State and Perkins Streets within the
City of. Ukiah, 3) shelter and other rehabilitative services for the homeless, and 4)
enhancement of our parks system for active sports and recreational opportunities.
Mary Lindley and Judy Pruden, Ukiah, voiqed their opposition to an increase in taxes on
motels.
Councilmember Baldwin was of the opinion that the uses specified in this motion would
enhance tourism in the Ukiah area.
Councilmember Libby voiced 'her opposition to an increase in TOT.
Motion failed to pass by the following roll call vote: AYES: Councilmember Baldwin.
NOES: Councilmembers Larson, Smith, Libby, and Mayor Ashiku. ABSENT: None.
ABSTAIN: None.
Discussion followed with regard to consideration of a.special request to Assemblywoman
Virginia Strom-Martin for legislation to increase the City'S sales tax limits.
M/S Smith/Larson approving a letter to Assemblywoman Virginia Strom-Martin requesting
that the City of Ukiah is inCluded with the other Mendocino County jurisdictions in
Assemblywoman Strom-Martin's special legislation.
Councilmember Libby advised that she does not support the motion or an increase in
sales tax because we are a rural community, the cost of living is high, the local economy is
down, and the average incOme is moderate to Iow.
Councilmembers Larson and Smith, and Mayor Ashiku concurred that the City should
take advantage of the opportunity to participate in this special legislation. There may be a
need for it in the future and this will allow the citizens an opportunity to vote on the issue at
that time.
Councilmember Baldwin was of the opinion that we need to find another way in which to
provide funding rather than with taxes.
Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith,
Baldwin, and Mayor Ashiku. NOES: Councilmember Libby. ABSENT: None. ABSTAIN:
None.
8. PUBLIC HEARING
8a. Approval of ApPlication to Demolish a Structure Over 50 years Old Located at
1346 South State Street
Planning Director Stump advised that the bwner of the property located at 1346 SOuth
State Street has applied for a Demolition Permit to demolish the single-family residence
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May 1,2002
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5. RIGHT TO APPEAL DECISION
Mayor Ashiku read the appeal process.
6. CONSENT CALENDAR
M/S Larson/Smith approving items a through h of the Consent Calendar as follows:
a. Received Report of Disposition of Surplused Materials, Used Equipment and Supplies;
b. Adoption of Ordinance No. 1037 Rezoning Portions of Assessor Parcel Numbers 003-
472-08, 003-472-13, and 003-472-14 From C-2 to C-N;
c. Approved Letter of Support for Mendocino County Youth Project's Grant Application for
Funds From the Family and Youth Services Bureau for a Transitional Living Project;
d. Approved Notice of Completion for Construction of Riverside Park Perimeter Fencing;
e. Awarded Bid to Mike Dunn Painting for Painting the Interior Walls of the Ukiah Civic
Center in the Amount of $19,220;
f. Awarded Bid to Carpet One of Ukiah to Remove and Replace Carpeting at Ukiah
Municipal Golf Course Pro Shop and Ukiah Civic Center in the Amount of $77,988;
g. Awarded Bid for Various Pad Mount Transformers in the Amount of $60,101.84 to
Various Vendors;
h. Awarded Bid to Sangiacomo Landscape Services for Landscape Design and
Installation Services at Various City of Ukiah Locations.
Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby,
Baldwin and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Dotty Copeland, Ukiah, advised that the Mendocino County Mental Health Department
Cultural Competency Committee would be presenting "Gang Prevention and Intervention
Community Tra/ning" on May 31,2002 at the Ukiah Valley Conference Center.
s
UNFINISHED BUSINESS
Consideration of Ballot Measures for November 2002 Election and Possible
Action Regarding Special Legislation For Local Sales Tax and Room
Occupancy Tax
City Manager Horsley advised that the City Council has discussed several possible ballot
measures during recent months. A letter from the Greater Ukiah Chamber of Commerce
was submitted to Council this week stating that they would not support a TOT increase.
She advised that the item concerning special legislation is before Council, as a decision
must be made by May 1 requesting special legislation for an increased sales tax limit
along with all the other cities and the County, on special legislation sponsored by
Assemblywoman Virginia Strom-Martin. This would allow flexibility for the Council to
consider all tax issues for future ballot measures.
Mayor Ashiku explained that if the legislation were approved, it would allow the City to ask
the question of the voters at sometime in the future as to whether there should be an
increase in sales tax.
M/S Baldwin/Ashiku to return to Council at the first meeting in June with the proper
resolution to refer to the citizens of Ukiah for their vote at the November 2002 election to
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May 1,2002
Page 3 of 14
located on the site. The structure was built in 1948, is in disrepair, and the owner would
like to demolish it. On April 23, 2002, the City's Demolition Permit Review Committee
considered the application and Historical Profile prepared by Judy Pruden, and
unanimously found that none of the criteria in UMC Section 3016(E) applied, and therefore
the structure is not historically or architecturally significant. The Fire Department would like
to use it as a test burn.
Public Hearing Opened: 7:08 p.m.
No one came forward to address Council.
Public Hearing Closed: 7:08 p.m.
M/S Libby/Smith approving the Demolition Permit for the structure located at 1346 South
State Street based on the finding that the structure does not have historical or architectural
significance; carried.by the following roll call ~)ote: AYES: Councilmembers Larson, Smith,
Libby, Baldwin and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None.
8. PUBLIC HEARING
8b. Discussion of' the Planning Permit Fee Study and Direction to Staff
Concerning. Possible Modifications to Fee Schedule
Planning Director Stump advised that staff recently prepared a Planning Permit Fee
Study to determine how much it would cost for the City to process various planning
permits, and to compare our fees to those charged by other nearby jurisdictions for the
same basic services. The last time the fees were studied was in 1996, at which time the
City Council adopted a Resolution raising the fees to recoup approximately 75% of the cost
of processing the permits. Staff's research indicates that the City of Ukiah's fees are
generally less than all surveyed jurisdictions. Additionally, many jurisdictions charge fees
for other planning and zoning services that are time consuming for staff.
Councilmember Larson supported Staff's proposal on fees to be lower for projects
involving affordable housing.
Discussion followed concerning double permit fees as a penalty for those projects that had
not obtained the proper permits prior to starting construction. The appeal process was also
discussed.
Upon questioning by Councilmember Baldwin, Mr. Stump discussed the HulI-Piffero
project and noted the environmental study for that project cost the City approximately
$10,000 in staff time. He went on to explain how the community is requiring a more
detailed review for environmental studies and that the cost of the study in staff time,
depends on the project.
Discussion continued with regard to establishing a fee structure for various types of
appeals. There was also a brief discussion with regard to whether an appeal fee could be
refunded depending on the outcome of the appeal.
Public Hearing Opened: 7:27 p.m.
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May 1,2002
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Judy Pruden spoke to the issue of appealing conditions of approval on permits' and
inquired as to how much the Council wants to subsidize the Planning Department.
Al Beltrami, Ukiah, spoke on behalf of the Mendocino County Employer's Council and
explained that the Employer's Council met two weeks ago and adopted a position on the
matter. He felt the proposed fee increase is too high and that citizens should have the right
to appeal a permit without being charged a fee.
Public Hearing Closed: 7:36 p.m.
Considerable discussion followed with regard to Staff's proposal, as outlined in the Staff
report. Topics discussed were the steps/levels for application review; providing
technology, such as access to a data base, for the public to conduct their own research of
projects with the aid.of a computer at the counter in the Planning Department; costs for an
EIR; the amount of staff time working on projects that contain complex EIR documents; the'
importance of preapplication reviews, possibly waiving fees for recruiting businesses to the
community, and the importance of defining what is considered affordable housing.
Councilmember Baldwin was of the opi, nion that the fees proposed by Staff are
reasonable and he supports 75% of recouping costs.
Councilmember Libby was not supportive of doubling any of the fees. She does not'
support any fee for appeals because Council hears so few of them.
Councilmember Smith was not supportive of fees for appeals. He recommended Council
be provided with a comparison of actual costs for all services. Although he did not approve
of doubling fees, he was supportive of increasing some fees.
Councilmember Larson felt that Council should provide direction to staff as to what
percentage of fees the City should charge to developers and making an exception for
affordable housing projects. It was his opinion that an appeal fee is not necessary
because CoUncil does'not receive many appeals.
There was discussion of penalty violations for proceeding on a project without a permit and
also concern for repeat offences. The appeal process for such violations was also
discussed.
Mayor Ashiku voiced his support for reducing fees where appropriate that are
proportionate to the amount of effort displayed by staff. He felt that preapplications should
be based on a dollar amount and that an hourly rate is appropriate because it forces the
developer to be efficient.
Councilmember Baldwin was of the opinion that there should be more public scrutiny and
stressed the need for land use planning and the future quality of life in Ukiah. He was
supportive of recouping the fees at 75% of the cost of processing the permits.
Councilmember Smith supported no increase on the appeal process and that an
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May 1,2002
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assessment needs to be made on doubling fees on certain things like a Major Use Permits.
He was also supportive of recouping the fees at 75%.
Councilmember Larson was supportive of an hourly rate for preapplications, that
recouping fees at 75% is a good start, was supportive of affordable housing and small
projects, and supported a more aggressive policy for infractions.
Councilmember Libby voiced her opposition to doubling any of the fees,' was supportive
of a small or reasonable increase in the levels as noted in Table 2,-but did not'support a
fee for appeals. She also felt a process needs to be developed with regard to penalties for
repeat offenders and their intentions need to be considered.
Staff will return with more information for Council's consideration on the matter of fees.
8. PUBLIC HEARING
8c. Public Hearing to Consider Close Out of Community Development Block Grant
#99-STBG-1391, Ukiah Community Center
Risk Manager/Budget Officer Harris advised that the Community Development Block
Grant (CDBG) prOgram provides federal funding through the State of California Housing
and Community Development Department (HCD). The City was awarded the grant of
$352,000 in October 1999 to purchase the property and building which the Ukiah
Community Center (UCC) was leasing and provide on site improvements as necessary.
The purchase was completed in May 2000 at a cost of $317,904. The remaining grant
funds, including a portion of the accrued interest, paid for the repaving through the base
work phase, completed by the grant termination date of March 31~
Public Hearing Opened: 8:20 p.m..
Jan Moore, Chairman of the Ukiah Community Center, advised that UCC is grateful to the
City Council and the grant has made a difference in the services they provide the public.
Public Hearing Closed: 8:21 p.m.
M/S.Baldwin/Smith determining the accomplishments of grant #99-STBG-1391, Ukiah
Community Center, have been satisfactorily presented to the public; carried by the
following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin and Mayor
Ashiku. NOES: None. ABSENT: None. ABSTAIN: None.
10a. Report to Council Concerning the Execution of a Consultant Contract in the
Amount of $9,950 to Alta Transportation Consulting to Prepare Grant
Applications for Implementing the Master Bicycle and Pedestrian Plan
Planning Director Stump advised that in March 2001, the City Council authorized staff to
spend a portion of the Kmart Air Quality Mitigation Fund to hire a consultant to prepare
grant applications for implementing the Master Bicycle and Pedestrian Plan. During the
budget hearings in 2001, Council authorized an additional $10,000 towards the project.
The $9,950 contract was awarded to Alta Transportation Consultants, who have been
working with the City to secure grants, and who authored the Implementation and
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May 1,2002
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Financing chapter in the Bicycle and Pedestrian Plan.
Consensus of Council was to receive the Rep°rt.
10. NEW BUSINESS
10b. Receipt of Investment Oversiqht Committee Recommendation and Award of
Contract for City Bankinq Services
City Treasurer Carter advised that the City Council directed the Investment Oversight
Committee (lOC) to review the proposals for banking services and to submit a
recommendation to them. The lOC met on March 21 and, following an overview by staff,
listened to presentations from the four respondents to the RFP. After reviewing additional
information, the lOC determined that Wells Fargo Bank and Union Bank of
California/Humboldt Bank offered not only the widest range of services, but also the most
flexibility with core services. He discussed the various services offered by these banking
insti.tutions.
Councilmember Smith and Mayor Ashiku explained that they sat on the lOC committee
and supported the recommendation. Councilmember Smith noted that he had interest in
trying to make sure that a local bank was given strong consideration and they were. All
banks .were asked specific questions relative to services and, after a review of the
responses, the proposed recommendation was developed.
M/S Baldwin/Ashiku .to award the contract -for banking services for the City of Ukiah to
Union Bank of California and Humboldt Bank.
Councilmember Libby inquired if the City is buying only needed banking services and if it
were swayed by those services that are not needed at this time.
Mayor Ashiku explained that the lOC looked at what the City's present and future needs
are and what services the various banks offered. It was significant to the committee that
certain services that weren't offered by some banks would mean that the City may have to
hire additional personnel. The committee did not want to put an increased demand on the
Finance Department above and beyond the services provided by the banking institution.
Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith,
Libby, Baldwin and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None.
Recessed: 8:36 p.m.
Reconvened: 8:46 p.m.
10. NEW BUSINESS
10c. Discussion and Possible Action to Change the 1995 Imposed 4/5 Vote
Requirement to a Simple Majority (Ordinance 1034, Section 1200) -
Councilmember Libby
Councilmember Libby discussed her letter tO the City Council that was included in the
Council packet. She requested Council consider changing the four-fifths vote to a simple
democratic majority vote that is used in deciding all other City issues and City business.
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May 1.~ 2002
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She requested a fair and reasonable change to the Ordinance in the rare and isolated
instances a change is deemed necessary by the Council majority, a four to one vote
requirement could bring politics and cronyism into the picture and would tie'the hands of
the Council to govern in an orderly way.
Councilmember Baldwin presented several questions to Councilmember Libby with
regard to her proposal.
Councilmember Smith voiced his support of the recommendation.
Counciimember Larson discussed the matter of individuals volunteering their time to the
community and that any action that would embarrass or compromise their character or
integrity in the community must be carefully considered. He voiced his concern that this
action can take place with or without cause and could be political. It was his opinion that if
Council were to remove someone, they should state the reason for taking that action.
Mayor Ashiku expressed his concern with the assumption that it would take three
Councilmembers to remove someone from a. committee. He also expressed concern with
a simple majority and inquired of the City Attorney concerning the matter.
City Attorney Rapport provided a brief history and the rationale of the City's'Previous
Council's actions regarding "with or without cause".
Discussion continued regarding the matter.
Judy Pruden, Ukiah, opinion that the removal process can be a negative experience and
needs to be approached cautiously. She urged Council to continue use of the four-fifths
vote.
Mary Lindley, Ukiah, concurred Councilmember Libby's recommendation and suggested
the Ordinance be revised to say "a simple majority of the elected five-member Council".
Councilmember Smith stated that after hearing the comments presented by Council and
staff, he would like to go on record that he wishes to change his original statement and that
he agrees that the current voting status should remain.
Councilmember Baldwin discussed how the appointment process is in disarray and
recommended the process be changed so that each Councilmember would appoint a
commissioner to a term coinciding with their term of office.
Councilmember Libby reiterated that she feels strongly that a simple elected majority is
what's needed. When the public is not being served, removing someone is an acceptable
solution. She is requesting a simple, majority vote, such as a three out of five member
vote. She noted that all five Councilmembers would need to be in attendance otherwise it
couldn't proceed.
Councilmember Larson advised that there is no evidence that the current standard has
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May 1,2002
Page 9 of 14
been a hindranCe. He inquired of the City Attorney with regard to "with or without cause
upon a motion of any Councilmember and a four-fifth's vote of the City Council", and if
there are only .three-members present and they all voted to remove an individual, would
that be legal?
City Attorney Rapport advised that it was intended to mean that a four-filth's vote means
four votes of Council.
Ron Libby, Ukiah, was of the opinion that the real issue Concerns what "the will and
pleasure of the Council" means.
Mayor Ashiku explained that the gravity of removing someone from a committee demands
great deliberation and that the Ordinance should remain as written.
No actio, n was taken on this item.
10. NEW BUSINESS
10d. Discussion of Cost of Livinq Increase for City Councilmernber Salarie.~
City Manager Horsley advised that Government Code §36516 provides the City Council
with the ability to increase Councilmember salaries effective after an election. The existing
ordinance must be amended to establish a cost-of-living increase not to exceed an amount
equal to five percent for each calendar year from the operative date of the last cost-of-living
adjustment.
M/S Baidwin/Larson to increase Council's salary by 1%, provide a $50 stipend to
Planning Commissioners, and direct staff to return to Council at the next meeting with the
proper ordinance.
Mary Lindley, Ukiah, voiced her support for an increase in Council's salary, considering
the amount of time spent by Councilmembers on issues concerning the community.
Councilmember Larson advised that a stipend makes it possible for those with a Iow-
income status to participate in government and offset some of the expenses associated
with the position. He supported more than a 1% increase in Council's salary and felt a
stipend for Councilmembers should be considered separately from the Council's salary.
Mayor Ashiku was of the opinion that the issue of a stipend be considered separately from
salaries.
Motion failed to pass by the following roll call vote: AYES' Councilmembers Larson and
Baldwin. NOES: Councilmembers Smith, Libby, and Mayor Ashiku. ABSENT: None.
ABSTAIN' None.
M/S Ashiku/Baldwin directing staff to prepare an Ordinance increasing the City Council
salary by 1% for year 1 and year 2.
Councilmember Libby felt Council is not serving the City because of the money but rather
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May 1,2002
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for public service. She stated that the reason she is voting "no" on the motion is not to
criticize or that she has a 'disagreement with fellow Councilmembers who may be inclined
to vote differently than her.
Councilmember Larson stated that without the stipend he could not afford to serve as a
Councilmember and provide the time that he gives to the position. He felt the stipend'
allows him to serve and he would like to leave the door open to other people of Iow-income
means.
Councilmember Baldwin advised that the stipend is a way of sending the message that
Council is here to serve and also that working class people who serve as an elected official
would have a stipend to help cover expenses.
Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith,
Baldwin, and Mayor Ashiku. NOES: Councilmember Libby. ABSENT: None. ABSTAIN:
None.
City Manager Horsley advised that there is a need to discuss the matter concerning the
Fire Unit in Closed Session.
10. NEW BUSINESS
10f, Consideration and Adoption of Resolution Approving Memorandum of
Understanding For Employee Bargaining Unit - Police Unit
M/S Larson/Smith adopting Resolution 2002-35, approving .Memorandum of
Understanding for the Police Unit for the term of October 1,2003 - September 30, 2007.
Councilmember Baldwin explained that he would like to see Consumer Price Index
information whenever Council discusses salaries.
Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby,
Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None.
11. COUNCIL REPORTS
Councilmember Larson reported attending the Main Street Program's reception and also
the Chamber' of Commerce Mixer at Shodaki. He attended the McCovey Awards Dinner in
Willits that honored local volunteers. He was asked to read a resolution in support of local
volunteerism; but instead he gave a brief speech on behalf of the City and Council
honoring the volunteers. He will be going to the Redwood Empire Division meeting of the
League of California Cities on May 11th at Benbow Inn.
Councilmember Smith reported that he also attended the Main Street Program's
reception honoring volunteers. The volunteers were recognized and presented with
certificates and the new officers were installed. Kathy Fowler is the new president and
Richard Mosier is the new vice-president. He attended the NCPA meeting in Lodi on April
25 and the one agenda item that was of major interest was pulled from the agenda. The
item concerned the settlement among pooling members in which the City would benefit
about $559,000. He went on to explain the .situation.
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May 1,2002
Page 11 of 14
Councilmernber Libby reported that she attended the last Chamber of Commerce
meeting in which the County Planning Department provided a presentation on the
proposed redevelopment. She has maps concerning their redevelopment lines available
for Council. From her perspective, it kind of nixes any annexation to the south and north of
the City Limits.
She reported that in April, there was a news article that gave incorrect information on the
relationship between the Recreation Center and the California Endowment. Aisc, on the
City's Web Site, "the December 19, 2001 minutes do not reflect the correction that was
made and so the California Endowment is concerned that a wrong impression has been
given to the public. The impression is that the Recreation Center was assured that they
would get a grant from the California Endowment and that was not the case at all." She
read a letter that was sent to her from the Recreation Center's Executive Director, Deborah
Mead and read the points of the letter for the record.
"The Ukiah Valley Cultural and Recreational Center has not received any assurance of
funding from the California Endowment. The Rec Center does indeed plan to submit an
application for funding in July. The Rec Center's goal is to raise $250,000 from the
community to include in the application as a match to the request. The California
Endowment has encouraged the Rec Center to submit an application after raising
substantial funds from other sources. Funders always look more favorably on projects that
can show strong community support - thus our goal to show a strong match. The Rec
Center was successful in raising $150,000 in matching pledges for the Community
Development Block Grant application. From this first goal of $150,000 we are moving on to
the next goal of $150,000 - not just for the Endowment application but also for all
applications for funding. To reiterate, the California Endowment has not awarded funding
of any kind.to the Ukiah Valley Cultural and Recreational Center. When an application
from the Rec Center is received by the Endowment it will be reviewed along with all the
other applicants."
She requested that this be included on the record to clarify for the California Endowment
exactly where we are with this grant. The California Endowment is concerned that there
are some wrong impressions that have been. given to the public because of information in
the newspaper article that was incorrect and also information on the City's Web Site in
minutes that don't show the correction that was directed and approved by Council.
She requested that the City Manager set an agenda item for the first meeting in June
concerning the City's Web Site for discussion. She submitted the letter from Deborah
Mead into the record.
Councilmember Baldwin inquired as to when the issue of the emergency water
agreements with 'the neighboring water districts would return to Council for consideration.
City Attorney Rapport advised that Attorney Gary Rutherford contacted him yesterday
and advised that he had completed his research and' was ready to make revisions to the
agreement and would email it to the City when completed. It is anticipated that the
Regular City Council Meeting
May 1,2002
Page 12 of 14
information would be provided to Council at the next meeting, or the meeting after. It also
has to be distributed to the other parties involved. He advised that they will not submit the
petition to the state until we know what tl~e project is and the project is going to be
determined by the terms of the agreement.
12. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS
City Manager Horsley advised that Council should review the report fr. om the State
Department of Health Services about water availability in the Ukiah Valley. This will be
discussed on May 4th at the Water Forum and she provided Council with a copy of the
report. She pointed out that Mr. Burton mentions in this report that the intertie pipes
between the City and the other agencies are insufficient to provide any type of water
except in emergency situations.'
She reported that the Alex Thomas Plaza has been vandalized by removing a bench from
the concrete and placing it against the wall of the pavilion, so the individuals could climb to
the top and smash the video camera. Staff is reviewing the camera's tape.
Councilmember Baldwin requested that the matter of vandalism to the Plaza be
· agendized for a future meeting. He expressed his concern with maintenance costs and if
the City is unable to take care of the Plaza, what are the alternatives for the' site.
City Manager Horsley explained that the matter has been discussed at stafflevel and the
Police Chief is actively involved in the situation. She noted her frustration that many times
the vandalism occurs during the day when other people are around, but no one calls the
Police or dOes anything to avert the situation.
She reported that the Water Workshop is scheduled for May 22nd with Sonoma County
Water Agency at the Ukiah Valley Conference Center. A letter will be sent tomorrow under
the Mayor's signature. She inquired if Council would like the CARES Program to come
back to Council for evaluation. She explained that staff is waiting to see the results of the
full impact of the advertising. Staff will bring the matter back to Council once all information
has been compiled.
She advised the Mendocino County Child Care Planning Council announced Provider
Appreciation Day is scheduled for May 4th. She distributed the NCPA Annual Report to
Council and it contains the Mayor's picture.
City Clerk Ulvila advised that she has been granted a total of $550 in scholarships from
two City Clerk organizations towards training. She ' reported that she issued a Press
Release on April 22"d, and on a weekly basis; announcing the vacancies on the Demolition
Permit Review Committee. The deadline for submittal of an application is Friday, May 10th
at noon.
The City Clerk's office recently received the publication !'Municipal Elections in California:
Turnout, Timing, and Competition" which is available in Council'S lending library. Some of
the information contained in the publication was derived from surveying City Clerks
throughout California.
Regular City Council Meeting
May 1, 2002
Page 13 of 14
Mayor Ashiku reported that he attended a meeting of the Sonoma County Water Agency
today with the City Manager and City Attorney and encouraged Council to devote its full
attention to the complex water issues. The Water Forum scheduled for May 22 is very
important and he stressed the importance of all Councilmembers attending the forum. He
thanked City Manager HorSley for taking the lead in trying to bring the issues to the
forefront and providing leadership to focus on this issue because it is not happening
elsewhere. He also commended her for keeping Council updated on this important issue.
City Manager Horsley reported that on May 2nd the Flood Control District will be holding
their board meeting and they will be talking about their meeting with the state. They also
are probably going to have public hearings concerning customer metering.
Adjourned to Closed Session at 9:58 p.m.
13. CLOSED SESSION
a. Conference with Labor Neqotiator G.C. §54957.6
City Designated Representative: Candace Horsley, City Manager
Employee Organization: Fire Unit
No action taken.
b. 'Conference with Labor Neqotiator G.C. §54957.R
City Designated Representative: Candace Horsley, City Manager
Employee Organization: Police Unit
ActiOn taken under New Business, Item 10f.
10. NEW BUSINESS.
10e. Consideration and Adoption of Resolution Approving Memorandum of
Understanding For Employee Bargaining Unit- Fire unit
City Manager Horsley explained that the matter would be continued to another meeting.
No action taken.
14. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 9:58 p.m.
Marie Ulvila, City Clerk
Regular City Council Meeting
May 1, 2002
Page 14 of 14
