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HomeMy WebLinkAboutMin 07-18-01MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, July 18, 2001 The Ukiah City Council met at a Regular Meeting on July 18, 2001, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Larson, Smith, Libby, Baldwin (arrived at 6:34 p.m.), and Mayor Ashiku. Staff present: Public Utilities Director Barnes, Airport Manager Bua, Administrative Analyst Burck, Community Services Director DeKnoblough, Police Administrative Captain Dewey, Assistant City Manager Fierro, Interim Fire Chief Grebil, Risk Manager Harris, City Manager Horsley, Associate Planner Lohse, City Attorney Rapport, Deputy Public Works Director Seanor, Public Works Director/City Engineer Steele, Planning Director Stump, Executive Assistant to the City Manager Yoast, Police Chief Williams, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Baldwin led the Pledge of Allegiance. 3. PRESENTATION 3a. Mendocino County Youth Project Karen Wandrei, representing the Mendocino County Youth Project (MCYP), thanked the City for funding their crisis center last year. She provided a history of MCYP and noted its structure and services offered to youth in the community. She discussed children who have the potential to be homeless and their efforts to keep them enrolled in school. Issues related to Family Court concerning divorce and supervised visitation were noted. She continued to discuss activities related to the Red Velvet Room. The state recently notified them that they are extending all of their contracts for an additional two or three years, without MCYP needing to apply. Several Councilmembers expressed their appreciation for the work of MCYP. 4. MINUTES 6a. Regular Meeting of May 16, 2001 Councilmember Libby advised that she discussed the minutes with City Manager Horsley regarding item "12e, Discussion of Commission/Committee Appointments" beginning on page 15 of the minutes. It appears that the resolution that was prepared is not accurate and the City Manager will have the City Clerk prepare the minutes regarding this section in verbatim form and agendized at the next Council meeting so the item can be properly reviewed. She recommended approving the remainder of the minutes of the May 16, 2001 meeting, with the exception of item "12e". City Manger Horsley explained that the Agenda Summary Report for item 12e had some misinformation, and therefore the process and resolution was a little different than what Council had approved. Staff recommended returning at the next meeting with the verbatim Regular Meeting July 18, 2001 Page 1 of 16 minutes from two different meetings concerning discussions on this issue, in order to have the amended resolution clarified by Council. M/S Smith/Libby approving the minutes of the Regular Meeting of May 16, 2001, with the exception of item 12e, as submitted; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 5. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 6. CONSENT CALENDAR City Manager Horsley advised that there is a request from a member of the audience to speak about item "6f, Approval of Airport Hangar Lease with Doug Baker" on the Consent Calendar. Brian Brodowski addressed Council concerning the proposals submitted under item 6f, "Approval of Airport Hangar Lease with Doug Baker". His business has expanded and hired more employees in order to be able to maintain the work. He requested Council send this proposal back to Staff and have the proposal submitted as a closed bid. He continued to discuss his business and its expansion and noted that there are no other locations at the Airport for them to expand their business except at the location previously occupied by the Planeworks, which is the proposed site of the Lease Agreement. Consensus of Council was to remove item "6f — Approval of Airport Hangar Lease with Doug Baker" from the Consent Calendar and to hear the matter as the last item under New Business. M/S Smith/Larson approving items a through e, and item g of the Consent Calendar as follows, with exception of 'i': a. Approved Disbursements for Month of June 2001; b. Authorized the Mayor to Execute Project Agreement No. 4 between the Transmission Agency of Northern California and the city of Ukiah; c. Received Notification to Council Regarding the Award of Bid for the Purchase of Electric Meters to Wesco in the Amount of $6,378.91; d. Received Notification to the City Council Regarding the Repair of an Influent Pump by Barryessa Pumps and Repair, Inc. for the Estimated Cost of $5,936.75, Plus Freight; g. Received Notification to City Council Regarding Additional Services Required for Kennedy/Jenks Consultants to Complete the Drinking Water Source Assessment Required by the State Department of Health Services for the Amount of $7,380.00. Mary Lindley requested item "6e — Adoption of Resolution Removing On -Street Parking and Establishing a No -Parking Zone Along North Oak Street" be removed for further discussion. Regular Meeting July 18, 2001 Page 2 of 16 M/S Smith/Larson amending the motion to approve Consent Calendar items a, b, c, d, and g; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. Item "6e" will be considered as the last item under New Business on the Agenda. 7. AUDIENCE COMMENTS ON NON -AGENDA ITEMS Mary Lindley addressed Council regarding their recent decision to abolish term limits for all commissions. She formally requested that Council agendize this matter in the near future. Bruni Kobbi noted her discussions with Public Utility Director Barnes concerning establishing a City reimbursement program for residents with solar panels in the City's system and how it would benefit both the City and customers. She recommended the matter be brought before Council for consideration as soon as possible. City Manager Horsley explained that a draft of such a program is currently being circulated to various departments. Rosalind Petersen, P.O. Box 499, Redwood Valley, discussed a letter from Ukiah Unified School District Superintendent Gary Brawley concerning the tennis courts. She provided a copy of the letter to Council to bring attention to the matter pursuant to further discussions. Marilyn Watkins discussed weeds growing at the Nokomis School tennis courts and drew attention to the City's responsibility to maintain the tennis courts at both Nokomis and Oak Manor Schools. Susan Wirthheimer, 208 Arlington Drive, spoke on behalf of residents near Vinewood Park. The residents feel there is no room for any type of skateboard element in Vinewood Park and they prefer to keep the park a quiet neighborhood park. She noted that skateboarding can be a noisy sport and that a skatepark should be established to accommodate the sport. Scott Freeman, 1194 Standley Street, spoke in favor of a skatepark at Vinewood Park and noted that a giant hedge buffers the residents surrounding the park. He felt a skatepark can be very quiet and supported the installation of a few elements for skate boarding at Vinewood Park. Michale Lolendecker recommend Council visit the skatepark in Santa Rosa and felt other parks would be more suitable for skateboarding than Vinewood Park. 8. UNFINISHED BUSINESS 8a.Status Report On and Approval of Voluntary Guidelines for Operation of Leaf Blowers in the City of Ukiah Community Services Director DeKnoblough advised that in response to previous Regular Meeting July 18, 2001 Page 3 of 16 Council direction, staff prepared guidelines relating to the use of leaf blowers in the City of Ukiah. The City's Parks and Golf Divisions last March enacted the Guidelines on a trail basis. They are voluntary by the private sector but mandatory for City crews. Staff attempted to schedule workshops with the landscape maintenance community but received no response. He continued to discussed the new standards and limiting the hours of operation. Staff prepared a letter to be sent to all firms operating in the Ukiah area, should Council approve the Guidelines as proposed. Mary Lindley and Dick Seltzer were opposed to a Citywide ban on the use of leaf blowers. Use of leaf blowers by private property owners' was discussed. Scott Freeman and Tom Waters voiced their support for a ban on leaf blowers. Councilmember Libby stated she is pleased with what the City is doing to be a good neighbor. She voiced her support of the City's Guidelines but opposed sending a letter to businesses. Discussion followed concerning staff's failed attempt to meet with landscaping firms. There was also discussion of whether the City should police its citizens concerning the use of leaf blowers and how the issue may be included within the Nuisance Ordinance. Councilmember Baldwin was of the opinion that voluntary compliance to the Guidelines may be the first step in people caring about their neighbors and community. He recommended that if a letter is sent out, it should be in English and Spanish. He recommended limiting the use of leaf blowers to Saturday's from 10:00 a.m. to 3:00 p.m. from August 31 through March 31. Further discussion followed concerning the lack of complaints received by the City concerning the use of leaf blowers in the City. Councilmember Larson stated that he hoped the business community would respond to the Guidelines in a proactive manner. He felt the letter could be written stronger and outline the intent of the program to create better neighbors and that it would apply to both the residential and business community. Councilmember Smith explained that he was supportive of sending a letter, however, he expressed his concern with use by private individuals and the continuance of air pollution. Mayor Ashiku discussed his opposition to the letter and felt it would not alter the concern of landscaping firms. He felt a letter would have had more importance if the City had received input from the landscaping community. M/RC Baldwin/Larson to approve voluntary guidelines for operation of leaf blowers in the City of Ukiah, that the hours of operation be limited to Saturday's from 10:00 a.m. to 3:00 p.m., and directing staff to send a letter to landscape professionals encouraging voluntary Regular Meeting July 18, 2001 Page 4 of 16 compliance; failed to pass by the following roll call vote: AYES: Vice Mayor Baldwin. NOES: Councilmembers Larson, Smith, Libby, and Mayor Ashiku. ABSENT: None. ABSTAIN: None. Councilmember Larson explained that he voted "no" on the motion because he felt the letter would not have much affect. He recommended the City provide an article in the City Newsletter that explains the City's policy and ask for voluntary compliance throughout the community and to be good neighbors with respect to the operation of leaf blowers and other noise generating machinery. City Manager Horsley provided Council with a draft of the Newsletter that is scheduled to be distributed in August. She requested Council review the Newsletter and provide staff with their input by next week. 8. UNFINISHED BUSINESS 8b.AApproval of Backup Generator Agreement with Edge Wireless City Manager Horsley explained that when the Council approved the lease agreement for the radio tower with Edge Wireless, it was determined that an agreement to provide backup generator services to the tower in the case of an electrical blackout was necessary. M/RC Larson/Smith approving Backup Generator Agreement with Edge Wireless; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, and Mayor Ashiku. NOES: Vice -Mayor Baldwin. ABSENT: None. ABSTAIN: None. 8. UNFINISHED BUSINESS 8c. Status Report Regarding the Fire Joint Powers Authority (JPA) City Manager Horsley advised that the Fire JPA Subcommittee has completed its review of the draft Joint Powers Agreement for the Ukiah Fire Authority and staff is now analyzing the comments to submit to Attorney Elizabeth Silver for final drafting. She explained that the Fire District has begun negotiation sessions with its employees regarding the consolidation and the City has set a date for negotiations with its paid staff to discuss the new contract for implementation October 1, 2001. Interim Fire Chief Grebil thanked Councilmember Larson and City Manager Horsley for attending the Ukiah Valley Fire District Board meeting on July 11`h Consensus of Council was to accept the status report regarding JPA issues. Al Beltrami, representing the Mendocino County Employers Council, advised that the Employers Council has a general policy opposing JPA's. However, the Employers Council is supportive of the concept of mutual governments getting together and sharing things. 9. NEW BUSINESS 9a. Status Report on Energy Conservation Program Public Utilities Director Barnes advised that, with the advent of the energy crisis in Regular Meeting July 18, 2001 Page 5 of 16 California, the state has instituted some new programs that the City of Ukiah is a participant. Administrative Analyst Burck explained that staff submitted, and received approval from the California Energy Commission for funding on two energy conservation projects. She discussed SB5x and A131 29x that were recently signed into law. S61 5x provides $40 million to municipal utilities for use in energy conservation programs. Of that $40 million, the Northern California Power Agency (NCPA) received $8 million. Of the $8 million, the City of Ukiah's share is $80,000. This amount was determined based on the City's energy sales, its peak load, and the number of customers in the City. The two City projects that were approved were to replace four of the 5 -ton electric air conditioning units that are on the roof of the Ukiah Civic Center with natural gas. The second project that was approved is to install a 6 kW photovoltaic module on the new building at the Ukiah Civic Center. She discussed the extensive measure and verification requirements attached to these funds. Staff felt it would be better to use these funds in energy conservation programs where staff felt certain they could comply with those regulations. Discussion followed concerning reporting requirements, the staffing necessary to work on the program, and conservation programs the City could initiate, such as insulation programs, appliance efficiency rebate programs, air conditioning replacement programs, etc. There was also some discussion of how the programs would be formulated. Installation of 6 kW photovoltaic modules on the new Civic Center addition was reviewed. It was staff's belief that installation of the photovoltaic modules would result in a savings to the City. Mayor Ashiku was supportive of a conservation program and felt Director Barnes should use his judgment in what would work best for the City, such as an appliance efficiency program or light bulb exchange program. Public Utilities Director Barnes explained that if Council provides direction to staff as to the types of conservation programs they think would be best for the City, then staff will formulate the program and decide what staffing would be required and identify the funding level. Councilmember Baldwin supported increasing the C.A.R.E.S. Program and exploring the use of some of those funds for conservation programs, as long as it does not become a gift of public funds to people who may not need it. He was also supportive of using some of the Public Benefits Fund for conservation programs. Public Utilities Director Barnes discussed the photovoltaic program and interconnection to the City's electrical system. He discussed the establishment of an interconnection agreement that has been reviewed by the City Attorney that would limit the City's liability. Councilmember Libby inquired about the photovoltaic system and gas prices. She Regular Meeting July 18, 2001 Page 6 of 16 requested staff bring forward information to Council that compares the price of natural gas to electric rates. Consensus of Council was to receive the staff report regarding the Energy Conservation Program. 9. NEW BUSINESS 9b. Discussion of the Environmental ImpactReport Mitigation Measure Program for the Orchard Avenue Extension and Orrs Creek Bridge Proiect Planning Director Stump explained that the matter before Council is not to consider the Draft or Final EIR associated with this project, but rather to introduce the project to Council. He explained that ever since the Kmart store was approved and constructed, the City has been contemplating a number of road improvements in that area. These improvements stem from the environmental document that was completed for the Kmart project. While those road improvements were not included as mitigation measures, they were identified as "project enhancements" that could ease traffic in a residential neighborhood to the north of the Kmart store. The improvements include extending Orchard Avenue to Orrs Creek, constructing a single span bridge across the creek, and extending Orchard Avenue to Brush Street. The General Plan also identifies an extension of Orchard Avenue, north, as a laudable goal as a road extension for circulation purposes and to relieve traffic in a north - south direction from State Street. The City had an Environmental Impact Report (EIR) prepared in 1999 addressing the potential impacts resulting from the construction of the bridge, the road improvements, and the potential growth that would be induced as a result of that project. He discussed the County zoning of property in the "Brush Street Triangle" which would permit industrial and commercial development without discretionary review. Staff has been working with the Mendocino County staff and the affected property owners to develop appropriate mechanisms for assuring that discretionary permits and environmental review would be required, and that the mitigation program contained in the EIR would be honored. Discussion followed relative to aspects of the City's General Plan and proposed mitigations discussed with Caltrans relative to hook ramps that are suggested at the end of Brush Street. Jim Anderson, Mendocino County Administrator Officer, inquired if staff has developed a time frame for anticipating when this would be brought back to Council for action or further discussion. Director Stump explained that there is a deadline in the agreement for construction of the bridge. He noted that there are some issues that still need to be worked out with the County such as the need to obtain assurances for discretionary review, CEQA review, and honoring the mitigation program. City Manager Horsley explained if there are major concerns about the mitigations being Regular Meeting July 18, 2001 Page 7 of 16 recommended in the EIR, staff and the County want to be informed before the City begins to put the agreement together. After the agreement is drafted, staff will return to Council for certification of the EIR. After that is completed, staff can then move forward with the bridge. Director Stump clarified that the bridge is proposed to be 40 feet long and 62 feet wide, and would allow for four travel lanes, two bike lanes, and sidewalks. Mayor Ashiku advised that his primary concern with some very expensive mitigations contained within the EIR that will need to funded and Council will need to ensure that once the growth inducing bridge is built, that there is an agreement in place that provides the City a legal mechanism to pay for some of the off-site improvements. The Council needs to work with City staff to address those concerns in a way that will bring this process to closure as quickly as possible. Once the bridge is in place and the road improvements have been made, all the associated impacts that will need to be mitigated will be significant. He expressed his concern that the City would be responsible for the costs associated with these improvements. It is important that, as part of the EIR, the funding for those mitigations be identified. Councilmember Baldwin stated that the Orchard/Perkins intersection will not be able to cope without expensive mitigations and felt there is a need for the City to obtain a guarantee. He was supportive of any development that is unique or environmentally sound to the area, however, he noted the expense associated with the mitigations for improvements to the area, and discussed his concerns with traffic. Councilmember Smith concurred with the previous concerns expressed regarding the costs of the mitigation measures and improvements, and supported continued discussions with the County regarding the source of funding for these costs. There was some discussion concerning the project description and the area encompassed by the project. The original project description was to include those improvements to Brush Street, which were analyzed in the EIR. Discussion followed concerning mitigation measures in the EIR and that it is difficult to predict the type of development that will occur. Councilmember Larson expressed his concern for the type of mechanism that would exist for the County to conduct a discretionary review on this land, as opposed to its lack of doing so on adjacent properties. He discussed the County's permit process and noted the lack of a design review. He questioned how the City could anticipate the County's ability to become active in the area of discretionary review. He felt discretionary review is critical to the success of the project and would have significant impacts on the City. Director Stump explained that in staff's discussions with the County, they seem very aware of the City's concerns of such issues and have talked about establishing an overlay Regular Meeting July 18, 2001 Page 8 of 16 zone on the Brush Street Triangle that would engage discretionary review. Staff expects that the City will be involved in partnership with the County to develop something that would be acceptable to both the City and the County. Councilmember Larson requested that the agreement with the County include something that discusses how the County will perform the discretionary review. He stated that he could not support moving forward with the project unless there are assurances that the necessary mitigations are going to be met and paid for, and that other necessary items are met for development of the area, to ensure that the projects will be a positive asset to the community and not a burden to the City of Ukiah. Councilmember Baldwin concurred with the comments of other Councilmembers and felt that politics come into play because if the City is not rigorous in its expectations, then it leaves a great deal in the hands of the majority of the current Board of Supervisors that is not friendly to planning or discretionary review. That is why the City needs to take a strong stand on this matter. City Attorney Rapport discussed writing an agreement that would address the issues discussed by Council. He noted that during the meetings that staff has had with the County officials they have acknowledged that they expect the agreement to be more detailed. The agreement should be written to allow the County to exercise the discretion that they are legally required to exercise and the City's obligation to go forward will depend on its outcome. Richard Shoemaker, 825 North State Street, stated that when the project was before the City Council, he did not participate in the discussions because of the proximity of his property to the project site. Now that he is a member of the Mendocino County Board of Supervisors, he has the same situation. He discussed traffic issues and noted that the City and County could apply jointly to MCOG for STIP Funds to develop an on ramp for southbound traffic on the freeway. He called attention to a water issue related to the Millview Water District. It was his opinion that the project area should be zoned planned development. He further discussed the tax issue between the City and County related to the area. He expressed concern with the possibility that if the project is funded in the amount of $1.5 million by a private entity, and the City of Ukiah has more road needs inside the City limits than it does funds, and has no ability to make infrastructure improvements, it would be a shame to lose this money due to time restraints or political jockeying. City Manager Horsley explained that the County is willing to come to an agreement, but it is not because of politics but because of a real concern for traffic mitigations and how it would be financed. Recessed: 9:35 p.m. Reconvened: 9:45 p.m. City Manager Horsley requested that item 9h — Approval of Airport Hanger Lease with Regular Meeting July 18, 2001 Page 9 of 16 Doug Baker" be heard after item 9c. Councilmember Larson recommended a continuance of item 9h. Consensus of Council was to hear the matter after item "9c". 9. NEW BUSINESS 9c. Preliminary Discussion of Nuisance Ordinance City Manager Horsley explained that the proposed Nuisance Ordinance is an attempt to consolidate all of the various codes into one ordinance so it's easily found and read. Additionally, there was a request to improve some of the property conditions in the commercial/retail areas. The purpose of the ordinance was not set up to increase rules for residential areas but to ensure that commercial properties along the City's main corridors had some semblance of maintaining aesthetic value. Planning Director Stump explained that staff obtained samples of other nuisance ordinances that have recently been adopted by other communities and developed an ordinance more suitable for the Ukiah community. The Planning Commission in a workshop reviewed a draft ordinance. Comments by the Planning Commission were included in the Staff Report and they considered whether the ordinance should focus on the downtown commercial area or expand some of the regulations into the residential areas. He advised that the draft ordinance is not proposed for introduction by Council at this time, but is a matter for preliminary discussion and to direct staff as to how to proceed with this ordinance. Once staff has obtained direction from Council, the matter will be scheduled for discussion in a Planning Commission workshop and to receive public comment. He noted that once the document has been adopted, the ordinance would be codified in the City Code and staff will prepare brochures to explain the ordinance to the public. He explained that it would be up to Council to address those categories that would be grandfathered into the document. He explained that the City Attorney has reviewed the Preliminary Draft Nuisance Ordinance and his recommended changes have not yet been incorporated into the document. Councilmember Libby requested clarification on item "X" of the proposed ordinance. Director Stump explained item "X" is a catchall if staff has missed anything in the proposed ordinance that is defined as a nuisance elsewhere in the Code or by state law, that it would be enforceable. City Attorney Rapport explained the attempt to consolidate everything into one ordinance, and designating a provision in case there is a chance that something is missed. Those things would be incorporated by reference. There was discussion of the reference to "County" in item "X" and that the City shouldn't incorporate other jurisdictions' rules that the City has not adopted as its own. He recommended deleting the word "County" from item «X„ Regular Meeting July 18, 2001 Page 10 of 16 Councilmember Baldwin drew attention to item "Y" with regard to abandoned trailers and boats. He felt item "H" use of the term "overgrown vegetation" should be looked at closely and felt it is too subjective. Director Stump explained that the four items listed in item "Y" would be the foundation for what is meant by the terms "overgrown vegetation". Councilmember Smith requested clarification of #4 under "Y" City Attorney Rapport advised that this is a term that comes from case law and relates to a nuisance that attracts kids onto the property where they may get hurt. Pat Staffani, Mike Decker, and Mary Lindley were supportive of an ordinance to assist in the prevention of such things as blight, groups of individuals drinking alcohol on Observatory Avenue near Plowshares, and barking dogs, Kathy Crane, Al Beltrami, representing the Policy Committee of the Mendocino Employers Council, and Dick Seltzer all voiced their opposition to the proposed ordinance and recommended that the Council consider the existing laws and enforce them. There was some discussion concerning the protection of property values for those properties adjacent to a perceived nuisance. Councilmember Larson was of the opinion that the City should move forward with the ordinance and that the matter of barking dogs is included in the ordinance. He expressed a need for further clarification on the complaint process. Councilmember Smith expressed concern with item "N" that refers to the storage of construction equipment in a residential zone and if there would be time restrictions associated with this provision. He also expressed concern with item "AX regarding the storage of dismantled vehicles on property and inquired about a time provision. He felt that the definition in item "EE" is out of harmony. More clarification is also need on item "FF". He recommended that the existing ordinances should be listed first, then the new ones. Councilmember Libby noted her concern for protecting the citizens and felt the ordinance is very vague and may open doors to peoples' pet peeves. It washer opinion that existing violations should be enforced and was opposed to the proposed ordinance. City Manager Horsley explained that staff has a concern with some things that are not in the current code, noting deteriorating signs, cracked windows, and other things that may create a health and safety risk to the public or other conditions that are unsightly. Mayor Ashiku was of the opinion that the proposed ordinance does not address the original concerns of Council and should center on the downtown commercial area of the City. Issues such as trash being kept out of sight, weed abatement, graffiti, and Regular Meeting July 18, 2001 Page 11 of 16 businesses that close down but leave unsightly and blighted signs should be addressed. Councilmember Baldwin felt it important to educate the public and felt there are class issues related to the ordinance, especially those that do not have much money to improve their property. He stressed the importance of public input and appreciated the work by staff. He noted that Council may have to consider allocating more funds during the next budget review for additional staff time to do community relations, public relations, and code enforcement work. Direction was provided to staff to revise the draft ordinance to be less subjective, less "knit - picky," and less vague. In addition, staff was directed to revise it to address "big picture" nuisances only, and to schedule the new draft for a Planning Commission workshop process. Discussion followed concerning signs and exemptions related to the Sign Ordinance. It was noted by staff that the matter will be addressed in a proposed Sign Ordinance that will be brought before Council in the near future. 9h (6f.) Approval of Airport Hangar Lease with Doug Baker Community Services Director DeKnoblough discussed the process for bids requesting proposals for an existing hangar that was available for rent at the Ukiah Regional Airport. Three proposals were received and all proposals contained a description of the business and their intended use of the hangar. Staff met with each of the applicants, evaluated each proposal, and is making a recommendation to Council that the lease is awarded to Doug Baker. City Manager Horsley noted that each applicant was told that the award of lease would be based, not just on the best price, but what would be best for the Airport. She advised that Mr. Brodowski built a hangar a year ago and has reached a point where he requires more space. Director DeKnoblough explained that all three proposals were for a fixed -based operation, which includes aircraft maintenance. Mr. Baker's proposal also included flight instruction, charter service, and other things that staff felt would be beneficial to the business growth at the Airport. City Manager Horsley noted that there are standards in the lease that indicate that if they are not met, the applicant could lose their lease. It was also noted that the lease includes a 90 -day performance requirement. She continued to discuss the process for occupying the hangars, both the large and t -hangars. City Attorney Rapport explained that there are no state requirements with regard to the leasing of Airport property that the City needs to adopt, however, there are some term limits on leases. Regular Meeting July 18, 2001 Page 12 of 16 City Manager Horsley explained that in the future, larger Airport leases will be the responsibility of Director DeKnoblough. Airport staff will continue to handle the smaller hangars. She explained that several years ago a study was conducted of other rates both in Ukiah and at other airports, and the current rates at Ukiah Regional Airport are based on that study. Director DeKnoblough noted that all applicants indicated a number of improvements to the hangar and substantial improvement to the entire Airport. City Manager Horsley explained that Mr. Brodowski has done a fabulous job at the Airport and most recently organized Airport Day and he has been a great asset to the Airport. Staff recognizes Mr. Brodowski as a very valuable client and would like to find a way to assist him with his expansion plans. There was a brief discussion concerning subleasing a hangar and staff read section "5. Assignment" of the proposed lease which restricts subleasing on the premises without the written consent of the Lessor. The City Manager can approve certain financing limitations, however, other assignments would need City Council approval. Brian Brodowski thanked Mayor Ashiku and City Manager Horsley for their participation in Airport Day. He reiterated his discussions with the City Manager and Director DeKnoblough. He discussed his ownership of Eagles Nest and their need to expand the business. He proposed that the City conduct a closed bid and that the highest bidder would win. He felt this would be fair and that the current process is suspect. He continued to discuss the avionics portion of his business and the need for additional space to conduct this business and space for their mechanics. Doug Baker, 964 Fairway Drive, Ukiah, explained that until he is awarded the bid, he could not solicit people to work for him because he didn't have a hangar. Once the lease is signed, he will solicit people for employment. He noted that a key point of the aviation industry is reputation. He stressed the importance of maintenance. Although he works for CDF, he is at the Airport six days a week and available to oversee the operation of the business. He discussed various aspects of his proposed business, as stated in his proposal. Mayor Ashiku noted the difficulty that staff had in selecting the business for this lease. He was opposed to opening another bid for this lease since all interested parties have already identified their projects and needs. Discussion followed concerning the bid process and how it stimulates competition. M/RC Smith/Libby approving lease agreement with Doug Baker, dba Baker Brothers Aviation, for an existing Airport hangar. Councilmember Libby voiced her concern with appointments to the Airport Commission Regular Meeting July 18, 2001 Page 13 of 16 and that a Commissioner may have a conflict of interest if they own and operate a business at the Airport. Councilmember Larson was of the opinion that the underlying problem is with the lack of facilities and it is difficult to foster competitiveness. He felt there is a need to develop an adequate land use plan for the Airport with a focus on the best use of the property. He was not comfortable about the way in which this all came about. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 9i (6e.) Adoption of Resolution Removing On -Street Parking and Establishing a No - Parking Zone Along North Oak Street; Mary Lindley expressed concern that the matter was listed on the Consent Calendar with no explanation. She inquired as to the rationale for establishing a No -Parking Zone on North Oak Street. Councilmember Larson explained that all Staff Reports are available at the Mendocino County Library and at City Hall for public review. City Manager Horsley advised that staff will make available a full packet in the foyer during Council meetings for the public to review. Public Works Director/City Engineer Steele explained that Councilmember Libby discussed the safety issues at the North Oak Street location with her and it was later presented to the Traffic Engineering Committee for review. The Committee examined the situation and recommends Council designate a No -Parking Zone at that location for safety reasons. City Manager Horsley discussed on -street parking in the area and how a large vehicle parked on North Oak Street could obstruct the view of traffic stopped at the intersection on West Smith Street. Rainbow Construction, which is located at the northeast corner of North Oak and West Smith Streets, will be issued a parking permit on the other side of North Oak Street to accommodate the loss of parking in front of their business. 10:17 p.m. — City Manager Horsley excused herself from the meeting and advised that Risk Manager/ Budget Officer Harris would take her place for the remainder of the meeting. M/RC Smith/Libby adopting Resolution 2002-02, removing on -street parking and establishing a No Parking Zone along North Oak Street; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 9. NEW BUSINESS 9d. Consideration and Approval of City of Ukiah Response to the Mendocino Regular Meeting July 18, 2001 Page 14 of 16 County Grand Jury Report M/RC Larson/Smith approving and authorizing the Mayor to sign a letter of response to the Report by the Grand Jury regarding Parking Lot C; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 9. NEW BUSINESS 9e. Authorize the Director of Public Utilities to Execute the Agreement to Participate in the Unofficial Committee of Western Customers Public Utilities Director Barnes advised that the City of Ukiah has been participating in a committee of Western customers relative to the P.G.&E. bankruptcy filings and the 205 FERC filings. There has been an official debtor committee that has been formed for the P.G.&E. bankruptcy and the City of Palo Alto has been selected to represent municipal customers in California on that committee. The members of Western have formed a legal group to channel input into that committee and to discuss other issues. He requested Council authorize the execution of a Joint Defense Agreement that allows exchange of information between the municipalities and attorneys. This agreement would continue to keep the attorney-client privilege so that the City can continue to participate in those committees. City Attorney Rapport noted that there is no financial obligation for the City associated with this agreement. Councilmember Libby requested that Director Barnes provide a list of the City's debts with NCPA, original dates and amounts, and current balances. M/RC Libby/Larson authorizing the Director of Public Utilities to execute the Agreement to participate in the Unofficial Committee of Western Customers; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 9. NEW BUSINESS 9f. Designation of Voting Delegate for League of California Cities Annual Conference Risk Manager/Budget Officer Harris advised that every year Council goes through this process and usually whoever plans to attend the conference is given the authorization. A poll of Council was taken and it was determined that Councilmembers Larson and Smith would be attending the conference. M/RC Ashiku/Libby designating Councilmember Larson as the voting delegate and Councilmember Smith as the alternate, and directing the City Manager to forward the notice of appointments to the League of California Cities; carried by an all AYE vote. 9. NEW BUSINESS Regular Meeting July 18, 2001 Page 15 of 16 9g. Appointment of Councilmember to Mendocino County Library Advisory Board M/RC Ashiku/Smith appointing Councilmember Baldwin to the Mendocino County Library Advisory Board; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 10.COUNCIL REPORTS Councilmember Smith reported that he plans to attend the MTA Board meeting next Wednesday. Tomorrow and Friday he will be in Fort Bragg for the commissioning of the MV Mendocino ferry boat. Councilmember Baldwin reported that he attended the Russian River Watershed Council meeting in Cloverdale on Saturday. Twenty-seven of the 54 members were present but it did not comprise a quorum. The economic caucus seems to want to boycott meetings but the non -quorum had a 2 1/2 hour discussion of the concept of whether this Watershed Council wants to become a formal non-profit agency and its implications. 11. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS None. 10:29 p.m. - Adjourned to sit as the Ukiah Redevelopment Agency. 10:48 p.m. — Reconvened. 10:48 p.m. - Adjourned to Closed Session. 12. CLOSED SESSION a. G.C. §54956.9(a) - Conference with Legal Counsel — Existing Litigation Name of Case: Shoemaker versus City of Ukiah No action taken. 13.ADJOURNMENT There being no further business, the City Council meeting was adjourned at 11:11 p.m. Marie Ulvila, City Clerk Regular Meeting July 18, 2001 Page 16 of 16