HomeMy WebLinkAboutMin 02-20-02MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, February 20, 2002
The Ukiah City Council met at a Regular Meeting on February 20, 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, Libby (arrived at 6:54 p.m.), Baldwin, and Mayor
Ashiku. Councilmembers absent: Smith. Staff present: Public Utilities Director Barnes,
Community Services Director DeKnoblough, Assistant City Manager Fierro, Personnel
Officer Harris, City Manager Horsley, City Attorney Rapport, Community Services
Supervisor Sangiacomo, Planning Director Stump, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Councilmember Baldwin led the Pledge of Allegiance.
3. COMMENDATION
3a. Commendation to Tree Volunteers
City Manager Horsley advised that Jennifer Puser has requested that this matter be
postponed to the next meeting so that more representatives could be present to accept the
commendation.
Council consented to continue the matter to the next meeting.
4. APPROVAL OF MINUTES
4a. Regular Meeting of January 16, 2002
Councilmember Larson recommended a correction be made to page 7, second
paragraph, in which David Nelson was speaking. He drew attention to the last two
sentences of that paragraph and felt the statement in the minutes is a contradiction to Mr.
Nelson's statements at that meeting. The minutes state "In order to adopt this
interpretation, as Mr. Rapport said, Council would have to find that the exception is
necessary to deprive the owner of the right to build a home on his property and to enjoy its
use. I don't think you can find that in this case."
Discussion was had concerning the matter resulting in Council directing the City Clerk to
review that portion of the tape recording of the meeting in order to make an accurate
interpretation of Mr. Nelson statements.
Councilmember Larson also recommended a correction to page 17, first sentence in the
second paragraph, to read "Councilmember Larson explained that the District's
recommendation would delete the authority's obligation to contract with the City for fire
service employees."
M/S Baldwin/Larson approving the Regular Meeting Minutes of January 16, 2002, as
amended, carried by the following roll call vote: AYES: Councilmembers Larson, Baldwin
and Mayor Ashiku. NOES: None. ABSENT: Councilmembers Smith and Libby. ABSTAIN:
None.
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February 20, 2002
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4. APPROVAL OF MINUTES
4b. Regular Meeting of February_ 6, 2002
M/S Larson/Baldwin approving the Regular Meeting Minutes of February 6, 2002, as
presented; carried by the following roll call vote: AYES' Councilmembers Larson, Baldwin,
and Mayor Ashiku. NOES: None. ABSENT: Councilmembers Smith and Libby. ABSTAIN:
None.
3. PRESENTATIONS
3b. Presentation by Ukiah High School Advanced Art Class Regarding Conceptual
Skatepark Design
Joann Skywatcher, an art teacher at Ukiah High School, explained that some of her
students have been working on a project where students deal with real life problems.
Since Ukiah has been in need of a skate park for a while they decided to focus on that
subject.
Brandon Maybery, Ryan Delgado, Max Stegner, Chris Zevely, and Chais Bailey
provided narration to their Power Point presentation. They cited benefits of having a skate
park in Ukiah that there would be less tickets for skating on School Street, businesses
owners would be happier to not have skating outside their businesses, there would be less
destruction of private property, a skate park would bring more businesses and people to
Ukiah, Recreational tutors would be available to help kids improve their skills, skate
competitions would be discontinued at the Plaza because they would be held at the new
skate park, there would be a place to go for kids to have fun with people of with similar
likes, it would keeps kids out of trouble, and it would be a wholesome place for kids to go.
They recommended rules be established at the skate park that it be open from dawn until
dusk, helmets would be required, no drugs, alcohol, or graffiti would be allowed, and
skaters would skate at their own risk.
They discussed various types of skating equipment that would be needed at the park that
included a launch ramp, fun box; pyramid, grinding rails, and street spine. Photos of
different types of skate parks were displayed. The basic needs of a skate park includes
rubber fencing, picnic tables, grassy areas, leach drains (for bottom of the bowls),
overhead lights for skating at night, a pay phone, and a stage for music presentations
during competitions. They discussed a survey they completed in which various Ukiah
businesses were interviewed.
Upon an inquiry by Councilmember Larson with regard to tickets being issued to skate
boarders, the students felt that if a skate park were established, skaters would no longer
skate in the downtown areas that are currently restricted to skate boarders. This would be
a benefit to both the Police Department and those that skate. It was noted that violations
currently include a fine as well as having the skateboard confiscated.
Upon questioning by Councilmember Baldwin with regard to sites where a skate park
could be located, the students explained that in most cities, skate parks are located near
schools. They thought that it would be good for students if the skate park were to be
located near the high school or Vinewood Park. They noted that having a skate park in a
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February 20, 2002
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residential area would make skate boarding safer so that people would not be riding them
in the streets. The students further explained that a skate park would be quieter than
skating on a sidewalk because there would be no cracks in the cement that causes a
clicking noise.
Council commended the students for their work on the project.
5. RIGHT TO APPEAL DECISION
Mayor Ashiku read the appeal process.
6. CONSENT CALENDAR
M/S Larson/Baldwin approving items a through d of the Consent Calendar as follows:
a. Approved Disbursements for Month of January 2002;
b. Received Notification to the City Council Regarding the Purchase of Sodium Bisulfite
from Basic Chemical Solutions for the Sum of $390.00 Per Dry Ton;
c. Approved Amendment to Agreement Between the City of Ukiah and Nissan North
America, Inc., Allowing Modifications to Electric Vehicles;
d. Adopted Resolution 2002-29 Waiving the 60-Day Notification Requirement for
Establishing a County Facility in the City (189-199 South School Street), Pursuant to
Government Code §25351.
Motion carried by the following roll call vote: AYES: Councilmembers Larson, Baldwin and
Mayor Ashiku. NOES: None. ABSENT: Councilmembers Smith and Libby. ABSTAIN:
None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward to address Council.
6:54 p.m. - Councilmember Libby arrived at the meeting.
8. NEW BUSINESS
8a. AD_Droval of Contract with RRM Design Group for Preparation of a Gradin_q,
Drainage, Trails, and Planting Plan for Riverside Park
Planning Director Stump advised that the City received a $120,000 grant from the State
Coastal Conservancy to begin development of Riverside Park. This work was to begin
early in 2002 and be completed by the fall of 2002 consistent with the terms of the grant
agreement. The Phase 1 development includes perimeter fencing, riverbank
stabilization/habitat restoration, and trail planning. However, staff was notified last week by
the Coastal Conservancy that because of State budgetary issues, the City would need to
have the work completed this spring and all invoices for reimbursement submitted by April
15, 2002. Staff solicited bids for the fencing with the bid opening date of February 25th. It
was his opinion that the RRM Design Group is very capable of doing this work and they are
very familiar with the site. He requested Council approve the contract with RRM Design
Group for the preparation of the work so that it can be completed an invoiced by mid-April.
Discussion continued with regard to a hydrology plan and where to situate the parking lot
for the park. Constraints with drainage were discussed. It was noted by staff that perhaps
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February 20, 2002
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the best place to site the parking lot is where it has already been established at the
entrance and continues around the ball field.
Councilmember Libby inquired as to the estimated cost and when the City was notified
that it needed to change the completion date on the project.
Mr. Stump explained that the estimated cost was in excess of $60,000. Staff originally
considered doing some of the work in-house, however, due to staff's workload, he found it
difficult to dedicate staff time to this project. He noted that this bid came in under the
estimated cost. Staff was notified about two weeks ago.
City Manager Horsley explained that it is expected that Council will see this happen more
often in the future because of the status with the State's budget. The City is receiving
more unexpected mandates. She reminded Council that last week she told them that the
City was informed that it can't use its 2002 STIP for two or three years, however, the state
is now telling the City that it is only going to release 1% of total STIP funding in the first
year.
M/S Larson/Libby approving contract with the RRM Design Group for the preparation of a
Grading, Drainage, Trails, and Planting Plan for Riverside Park, and authorizing the City
Manager to execute the contract.
Councilmember Baldwin requested that the concept plan be submitted to Council the
next time Riverside Park is discussed by Council. He also requested that he be invited to
accompany staff on a site visit to the Park.
Motion carried by the following roll call vote: AYES: Councilmembers Larson, Libby,
Baldwin and Mayor Ashiku. NOES: None. ABSENT: Councilmember Smith. ABSTAIN:
None.
8b. Approval of New "Senior Water Treatment Plant Operator" Position and
Budqet Amendment
_
Personnel Officer Harris advised that recently the State Department of Health Services
revised the Water Operator Certification Program for the City's distribution and water
treatment employees. Currently the City's water treatment plant has one supervisor that is
certified as a Grade IV Chief Operator and there are two shift operators who are a Grade
II1. The new regulations require that a Grade IV Operator be available, even in not on duty,
to act as Chief Operator when the current supervisor is on vacation or extended leave. In
addition to these new certification regulations, a large volume of new work has developed
at the treatment plant as a result of increased water quality testing and reporting
responsibilities. The Public Utilities Department has requested the addition of a new
"Senior Water Treatment Plant Operator" position for the purpose of providing Chief
Operator coverage when the current Grade IV Supervisor is unavailable.
M/S Ashiku/Larson approving Senior Water Treatment Plant Operator position and
budget amendment; carried by the following roll call vote: AYES: Councilmembers Larson,
Libby, Baldwin and Mayor Ashiku. NOES: None. ABSENT: Councilmember Smith.
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February 20, 2002
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ABSTAIN: None.
8. NEW BUSINESS
8c. Adoption of Resolution Supporting Proposition 40: Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002
Community Services Supervisor Sangiacomo advised that before the voters on the
March 5th ballot is Proposition 40 (Prop 40), the Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Bond Act. It was placed on the ballot by a
bipartisan vote of state legislators and signed by Governor Davis late last year. Prop 40 is
the latest in a long line of park bond acts dating back to the 1920s, however, only one has
been approved in the past 12 years. This has severely affected our ability as a small city
with regard to upkeep and adding to our park facilities. He advised that Proposition 12 was
passed two years ago and provided the much-needed funds for improvements to our
facilities. We received $96,000 based on Ukiah's population and the funds will be used
mainly for the replacement of playground equipment that is now outdated and does not
meet requirements. Additionally, the City was able to apply for a number of competitive
grants, some of which are still pending.
Prop 40 will allow the state to sell $2.6 billion of general obligation bonds to conserve
natural resources, to acquire and improve state and local parks, and to preserve historical
and cultural resources. If approved, cities and counties with smaller populations would
receive a higher minimum per capita allocation. Ukiah should receive approximately
$220,000. Additionally, the County would receive about $1.2 million. Passage of Prop 40
would allow the City to apply for a number of competitive grants. The only criticism that he
has heard is that because of the current fiscal status of the State, it may not be a good time
to go further into debt. The response to that is that the interest and bond rates are now at
historically Iow levels and now would be a good time to invest in the future.
Community Services Director DeKnoblough explained that it is his opinion that Prop 40
would provide the City with a better chance of obtaining a greater amount of funds for
projects related to the pool.
Councilmember Libby expressed her support for more funding for parks and upgrades;
however, she felt the timing is very bad considering the economy of the state. She stated
she could not support the proposed resolution at this time.
Mayor Ashiku expressed his concerns with the State's budget and felt there is a problem
with setting priorities, and given the current indebtedness with the State's utility crisis and
its ability as a state to fulfill it's obligations, he was reluctant to support the resolution at this
time. He felt the concept is good.
Councilmember Larson voiced his support for the resolution and felt that it is a good time
to be investing in the future and that it may cost more in the future when the bond market
tightens up. He wanted to make a motion to have the matter continued to the next meeting
when a full Council would be present, however, he was informed that Council would be
meeting after the election and by that time it would be too late.
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February 20, 2002
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M/S Larson/Baldwin adopting Resolution Supporting the passage of Proposition 40, the
Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of
2002.
Councilmember Baldwin explained that it is sad that we have to go into debt to do the
right thing and it seems to be the way we have been financing a lot of good things in
California. He was supportive of the resolution because California floats bonds repeatedly
for massive prison construction and felt this would be an alternative and a possible
preventive measure against more crime in our communities.
Motion failed to carry by the following roll call vote: AYES: Councilmembers Larson and
Baldwin. NOES: Councilmember Libby and Mayor Ashiku. ABSENT: Councilmember
Smith. ABSTAIN: None.
8. NEW BUSINESS
8d. Acceptance of the Ukiah Men's Softball Association's Request to Terminate
Property Lease and Adoption of Budget Amendment for Operation of a Men's
Recreation Softball League
Community Services Supervisor Sangiacomo advised that the property is located next
to the water treatment plant on Well Road, northeast of Ukiah, off of Highway 101. Last
year representatives from the Men's Softball Association contacted City staff to discuss
financial and operational difficulties that the organization has been experiencing. They
indicated that due to rising operational expenses and organizational problems, the league
would not be able to continue beyond the 2001 season. In order to ensure the
continuation of the Men's Softball League for their members, they expressed an interest for
the Community Services Department to assume coordination of the program and
responsibility of the complex. He advised that the lease was signed in 1983, for a 25-year
period, and would expire in 2008. There were a number of provisions regarding the
operation of the complex in that it would be a multi-recreational sports complex. Staff
completed a fiscal analysis of the Men's Softball League and believes the City would be
able to operate the program without any increase in team or player fees. He continued to
discuss structuring programs so that the fields could be used nearly year round with
softball and soccer programs. It was noted that Ukiah Valley Youth Soccer Association
has expressed a growing need for soccer fields. With the possibility of soccer, Little
League, and tournament play, there is a possibility for revenue opportunities including
increased concession sales and rental fees.
He explained that in evaluating the field with the Ukiah Valley Youth Soccer Association,
staff has determined that there is most likely enough room for at least two full size soccer
fields. He explained that the Youth Soccer League continues to show support for a soccer
field at Riverside Park. With the Youth Soccer League and the adult leagues growing there
is a lack of large open fields in our area to accommodate that type of use. He estimated it
would cost about $35,000 to develop a field. Even if the third field is not developed
immediately, the two existing fields do provide enough space for smaller soccer fields and
that could be put to use immediately.
Discussion followed with regard to accessibility to the property from Highway 101.
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February 20, 2002
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Although it would increase maintenance by City staff, staff has already had to increase its
activity in that area during the past two years. Staff explained that the property is gated.
Discussion continued with regard to making improvements to the parking lot and it was
noted by staff that paving the parking lot is currently not a high priority at this time. The
main priorities are to get the fields, bleachers, and restroom facilities up to current safety
standards.
City Manager Horsley explained that, depending on the expenses and revenues, a
reserve would be set aside for capital improvements rather than spending all the money in
one year.
M/S Libby/Ashiku accepting the Ukiah Men's Softball Association's request to terminate
the lease of the property referred to as "Old Pump Station", authorize the Community
Services Department to operate a men's recreation softball league, and approve the
amendment to the 2001-2002 Budget for the operational expense of $18,594 and revenue
of $25,500 for the remainder of the current fiscal year.
Jon Henderson, a member of the Men's Softball Association, advised that the Men's
League had considered keeping the lease but felt that they did not have enough members
of the community volunteering their time to help upgrade the facility. He felt under the
direction of the City, more people could use the facility.
Craig Maize, Vice President of the Men's Softball Association, stated they support the
transition of the facility and are willing to assist the City with the transition.
Councilmember Larson inquired if it can be assumed that the majority of the users of this
program reside outside the City limits.
Mr. Sangiacomo explained that staff is currently entering data concerning that issue and
will provide Council with that information. He assumed that the majority of participants
reside outside the City limits.
Councilmember Larson advised that he reluctantly supports the motion but felt it is not
the long-term answer to recreational needs in the City and valley. It was his opinion that a
valley wide parks and recreation district is needed that would operate independently of the
City and the County governments, and would have the resources to maintain, operate, and
expand recreational facilities for the valley.
Councilmember Baldwin concurred with Councilmember Larson's concept of establishing
a valley wide recreational district. However, while working on that idea, the City may want
to look at restructuring its entire staffing and establish a Parks, Recreation, and Open
Space Department and Commission. He felt the City needs to be visionary and that Parks
and Recreational programs are anti-crime and preventative measures.
Motion carried by the following roll call vote: AYES: Councilmembers Larson, Libby,
Baldwin and Mayor Ashiku. NOES: None. ABSENT: Councilmember Smith. ABSTAIN:
None.
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February 20, 2002
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8. NEW BUSINESS
8e. Consideration and Approval of Renewal of City Manager's Contract
Mayor Ashiku questioned Council regarding their review of this item and it was
determined further discussion in Closed Session would be necessary.
Mary Lindley, 700 East Gobbi, Ukiah, explained that she was here when Ms. Horsley first
came to the City and commended her for the work she has done for the City. She never
hears negative things about her from the community. She recommended Council approve
renewal of her contract.
8. NEW BUSINESS
8f. Request to Retain Outside Legal Counsel
City Attorney Rapport explained that the recommended action is to authorize him to
retain James F. King to assist him in defending the City in the Shoemaker v. City of Ukiah
matter.
M/S Larson/Baldwin authorizing City Attorney Rapport to retain James F. King as co-
counsel in the Shoemaker v. the City of Ukiah case, carried by the following roll call vote:
AYES: Councilmembers Larson, Libby, Baldwin and Mayor Ashiku. NOES: None.
ABSENT: Councilmember Smith. ABSTAIN: None.
9. COUNCIL REPORTS
Councilmember Larson reported that he attended a MCOG meeting last week. The
survey results have been completed regarding the sales tax proposals. He noted that a
presentation would be made to Council on March 6 concerning results of the survey. In
terms of public support for a $0.005 sales tax for road maintenance, Ukiah residents were
not as supportive as other areas of the County. At the MCOG meeting he made the point
that no data was included that indicated how much General Fund revenues had been
spent by these jurisdictions on road maintenance. The City of Ukiah has spent large sums
of General Fund money on City streets and it shows in the City's Pavement Management
Study. However, that was not included as a factor in the survey. People in Ukiah are
accustomed to having better maintained roads than the remainder of the County and it's
reflected in the survey that they are less supportive of a sales tax increase. This may
mean that by not supporting any effort to increase or dedicate additional revenues to road
maintenance, the City would be bound to continue to dedicate as much, or more of its
General Fund to such endeavors.
He attended the Water Forum and found it interesting. He also attended the City of Ukiah
Employees Credit Union Annual Dinner and found it a lot of fun. He highly recommended
other Councilmembers attend in the future.
Councilmember Libby reported that she also attended the Water Forum and found it very
informative. They provided a history of the water situation in the area and stressed that
since entering the JPA we should be acting as one and not bicker among ourselves.
Sonoma County has a very strong water board and we are going to be facing some water
issues, mainly with regard to having an adequate water supply.
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February 20, 2002
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She reported that she attended an Economic Development Forum that the Economic
Development and Financing Corporation (EDFC) had sponsored. She explained that state
representatives looked at the entire County's economy and one of their concerns is that
90% of the economy within the County is based on tourism. They felt it is not wise to put
all your eggs in one basket. With the decline of the timber industry, the City needs to take
a good look at what it is promoting within the City limits. It was felt that the City should
focus on adopting policies and setting its priorities. Because the City has such limited use
of land within its boundaries, it needs to work with other jurisdictions on economic
development and how areas outside the City limits are going to be developed.
She advised that she attended the Senior Center meeting last night and felt those issues
would be coming before Council in the near future.
12. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS
City Clerk Ulvila reminded Council that Statements of Economic Interests, FPPC Form
700, are due by April 2, 2002 in the City Clerk's office.
Adjourned: 7:59 p.m. to sit as the Ukiah Redevelopment Agency.
Reconvened: 8:19 p.m.
Adjourned to Closed Session: 8:20 p.m.
13.
CLOSED SESSION
a. G.C. §54957.6 - Conference with Labor Negotiator
Employee Negotiations: Fire Unit
Labor Negotiator: Candace Horsley
ba
G.C. §54957.6- Conference with Labor Negotiator
Employee Negotiations: Police Unit
Labor Negotiator: Candace Horsley
Reconvened at: 9:05 p.m.
8. NEW BUSINESS
8e. Consideration and Approval of Renewal of City_ Manager's Contract
It was the Unanimous Consent of the City Council present to approve the renewal of the
City Manager's contract. Councilmember Smith was absent from the meeting.
14, ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 9:05 p.m.
Marie Ulvila, City Clerk
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February 20, 2002
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