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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. Regular City Council Meeting February 20, 2002 Page 1 of 9 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 Regular City Council Meeting February 20, 2002 Page 2 of 9 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 Regular City Council Meeting February 20, 2002 Page 3 of 9 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. Regular City Council Meeting February 20, 2002 Page 4 of 9 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. Regular City Council Meeting February 20, 2002 Page 5 of 9 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. Regular City Council Meeting February 20, 2002 Page 6 of 9 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. Regular City Council Meeting February 20, 2002 Page 7 of 9 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. Regular City Council Meeting February 20, 2002 Page 8 of 9 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 Regular City Council Meeting February 20, 2002 Page 9 of 9