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HomeMy WebLinkAboutMin 09-01-99MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, September 1, 1999 The Ukiah City Council met at a Regular Meeting on September 1, 1999, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Smith, Libby, Baldwin, and Mayor Mastin. Councilmember Ashiku arrived at the meeting at 6:45 p.m. Staff present: Community Services Director DeKnoblough, Assistant City Manager Flad, Personnel Officer Harris, Risk Manager/Budget Officer Harris, City Manager Horsley, Public Works Director Kennedy, Associate Planner Lohse, City Attorney Rapport, Senior Planner Stump, Police Chief Williams, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Libby led the Pledge of Allegiance. City Manager Horsley advised that Councilmember Ashiku has been detained and will be arriving at the meeting shortly. Urgency Item: Mayor Mastin announced that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the agenda being posted. The item is requested by the California State Automobile Association for a Proclamation: September is School's Open - Drive Carefully Month. MIS Smith/Libby to add the Proclamation of "September is School's Open - Drive Carefully Month" to the agenda as item 3b; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES: None. ABSENT: Councilmember Ashiku. ABSTAIN: None. 3a. PROCLAMATION: The Russian River and Its Watershed Celebration Mayor Mastin advised that representatives have requested the matter be continued to the September 15, 1999 Council meeting because they were unable to attend this meeting. 3b. PROCLAMATION: September is School's Open - Drive Carefully Month Mayor Mastin advised that reading of the Proclamation will be postponed to allow time for a representative from the California State Automobile Association to be present to accept the proclamation. 4a. APPROVAL OF MINUTES: Regular Meeting of August 18, 1999 Councilmember Libby recommended a correction to page 15, second paragraph, of: "She attended the Basic Community Oriented Policing and Problem Solving Workshop August 11 through the 13, and felt it was an excellent workshop. She received valuable information and encouraged other Councilmembers to attend their next workshop.iiiiiiiShe discussed topics presented at the workshop. Participants received a video, whiCh she donated to the City, and encouraged other Councilmembers to view the video." September 1, 1999 Page 1 of 23 City Clerk Ulvila advised that subsequent to the Agenda Packet being distributed, Public Works Director Kennedy had an opportunity to review the minutes of August 18, 1999, and has made recommended changes to pages 13 and 14, which she provided in a memo to Council at the meeting. These changes include the following: Page 13, fourth paragraph, first sentence: "With regard to project #2, Mr. Kennedy advised that the project was brought to his attention by Councilmember Libby, and that he had an opportunity to visit the site with her and discussed options to make that location pedestrian accessible." Page 13, fifth paragraph, second sentence: "The total funding for all projects is $391,000 and he recommended Council select projects which total approximately one fifth of this amount." Page 14, first paragraph, second sentence: "The culvert extension is less expensive, and can be made ADA compliant." Page 14, first paragraph, fifth sentence: "Project #2 could be funded with Surface Transportation Program funds if Council so desires." Page 14, third paragraph, the motion: "MIS Libby/Smith to direct staff to submit applications to MCOG for SB45 funding with the following prioritizations of: 1 ) ADA ramps, 2) sidewalk improvements along school route (north side of Mendocino Drive fronting Yokayo School grounds), and with the construction of a pedestrian facility at Gobbi Street and Oak Manor Drive to be funded with STIP funds received by the City; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, and Vice Mayor Ashiku. NOES: None. ABSENT: Councilmember Baldwin and Mayor Mastin. ABSTAIN: None." MIS Smith/Libby approving the Minutes of the Regular Meeting of August 18, 1999 as corrected; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES: None. ABSENT: Councilmember Ashiku. ABSTAIN: None. 5. RIGHT TO APPEAL DECISION Mayor Mastin reviewed the appeal process. 6. CONSENT CALENDAR MIS Smith/Libby approving Items a-f of the Consent Calendar as follows: a. Received Notification of Advertising for Vacancy on the Traffic Engineering Committee; b. Approved Publishing Services by Ukiah Daily Journal for Fiscal Year 1999/2000, in the Amount of $4.21 Per Column Inch For the First Day and $2.94 For Additional Days; c. Received Report to City Council Regarding Coastal Conservancy Gobbi Street Riverside Park Grant Augmentation And Approved Budget Amendment; d. Accepted Work as Complete and Approved Notice of Completion for the Road Surface Remediation Work on State Street Performed by URETEK USA, Inc.; e. Awarded Bid to West Star Distributing for Purchase of Replacement Toro Greens Mower in the Amount of $17,980.46 and Approved Budget Amendment; f. Accepted the Orchard Avenue Reconstruction Project, Specification No. 98-12, As Complete, Authorized the Filing of the Notice of Completion, and Authorized a Budget Amendment in the Amount of $2,146.07 to Fund Completed Change Order Work. September 1, 1999 Page 2 of 23 The motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES: None. ABSENT: Councilmember Ashiku. ABSTAIN: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Police Officer Randy Johnson, representing the Ukiah Police Officer's Association, addressed Council on behalf of his fellow employees that serve the Ukiah community. He advised that they are members of a professional organization, providing an essential service to the community, and are seeking to be compensated in a reasonable manner, consistent with other members of their profession. He stressed the importance of retaining experienced officers that the City risks loosing if it does not provide salaries comparable to other nearby agencies. The Ukiah Police Officer's Association asked Council to consider these facts when they discuss the current Police Department contract negotiations with the City Manager in Closed Session later in the meeting. UNFINISHED BUSINESS 9a. Adoption of Resolution Authorizing 1999-2000 Grant Funding for Community Based, Non-Profit Organizations City Manager Horsley advised that all applicants were advised of the meeting tonight. Councilmember Smith advised that, as an applicant for Ukiah Valley Association for Habilitation, he needs to recuse himself. Mayor Mastin advised that he has an ancillary conflict of interest due to his affiliation with one of the applicants and would need to recuse himself from the matter. With both he and Councilmember Smith absent from the meeting, it would leave Council without a quorum. Therefore, the matter was continued to later in the meeting when there will be a quorum of Council present to conduct business. UNFINISHED BUSINESS 9b. Adopt Resolution Extending the Length of "No Parking/Bus Loading Zones" at 14 Locations Within the City of Ukiah City Manager Horsley advised that the request for extending the length of 14 existing "No Parking/Bus Loading Zones" at various locations within the City is due to the purchase of longer buses being acquired by the Mendocino Transit Authority (MTA). Public Works Director Kennedy reported that the Traffic Engineering Committee reviewed and approved the request at their August 10, 1999 meeting, and directed staff to contact adjacent property owners that may be affected. Only two calls were received by staff from the notices to the property owners. One caller was supportive of the plan and the other caller, identified as the manager of Ukiah Convalescent Hospital at 1349 South Dora Street, opposed the extension at that location. This extension would eliminate two on-street parking spaces in front of the hospital. Since parking is limited in the area, the manager requested the bus stop be relocated. Mr. Kennedy asked Steve Turner, of MTA, to look into the matter. Steve Turner, MTA Assistant General Manager, explained that after he spoke to Mr. Kennedy about the 1349 South Dora location, he located an alternative location to the September 1, 1999 Page 3 of 23 south the Ukiah Convalescent Hospital. The property owner at the new location has given MTA approval for the installation of a bus stop in front of their building. He requested that the 1349 South Dora location be withdrawn from the Resolution. The alternative location will be submitted to the Traffic Engineering Committee for review and approval. MIS Smith/Libby adopting Resolution 2000-11, as modified, extending the length of "No Parking/Bus Loading Zones" at 13 locations within the City of Ukiah; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES: None. ABSENT: Councilmember Ashiku. ABSTAIN: None. UNFINISHED BUSINESS 9c. Discussion Concerning Procedure for Amending Minutes City Manager Horsley advised that Councilmember Libby had requested that this matter be agendized. Councilmember Libby advised that the issue of amending Council minutes has been agendized at her request because there was a question at the last meeting if the issue was properly agendized in the first place, and if legitimate discussion occurred on the matter. In her opinion, the issue are the integrity of the minutes. Corrections occur for various different reasons. The City Clerk may have erred on a matter of significance, or a Councilmember may point out that the Clerk has left information out that a particular Councilmember deems important. The City Clerk noted in her summary, past procedures of this Council and other Councils. If it is necessary to prioritize, she believes we need to have accuracy over expedience. She wanted it noted for the record that her request that the minute corrections come back to the Council for approval, was her reaction to having to wait for requested corrections to be completed so she can review them. As reported by the Ukiah Daily Journal a couple weeks ago, the issues over accurate minutes came about over several meetings on the utilities. The issue over whether to give the public back $3 million in excess reserves, or to keep the reserves, seems to be the catalyst for this debate. That resulted in her request to see these changes so Council could be assured they were being completed correctly. Whoever reads the changes, be it tomorrow, or ten years from now, needs to know the meaning of the changes. That means the context must be maintained. There is no reason to resubmit the entire minutes in order to maintain the context of changes. She can approve the minute correction format as long as it continues to be done in a timely manner and as long as it's done in an accurate manner with regards for those who may read them in the future, as this weeks changes did. When she speaks of context, she means to have the change in a completed sentence and keep the format. Mayor Mastin explained that the completed minutes, once they are amended and approved at the Council level, are then corrected and entered into bound books. This would allow a person to be able to review a completed set of the corrected minutes. He inquired if Councilmember Libby is asking that the corrections be submitted in complete sentences rather than phrases. Councilmember Libby advised she is requesting that the corrections be submitted in the form of the entire sentence in order to see the context of the correction. September 1, 1999 Page 4 of 23 Mayor Mastin referred to the next to last paragraph on page 2 of the Staff Report which suggests that Councilmembers submit written corrections to the Clerk at the Council meeting when they have corrections. He inquired if Councilmember Libby finds this appropriate. Councilmember Libby felt that Councilmembers should not have to go back and write their correction to the minutes, especially for minor corrections. She advised that she feels very comfortable stating the correction at the meeting, unless it is something in detail. Councilmember Smith questioned Councilmember Libby on the process for returning corrected minutes to Council for review. Councilmember Libby advised that she is perfectly fine with having the corrections come back to Council in the same way that Council currently receives them. She would like the corrections presented in the form of a complete sentence or paragraph. Councilmember Baldwin advised that he would be happy either way. City Clerk Ulvila advised that one situation she did not discuss in detail in her report was when a Councilmember directs the City Clerk to listen to the tape recording in order to make a correction to the minutes. In this type of situation, the correction is left to the City's Clerk's discretion as far as interpretation of what transpired at the meeting. The one instance that Councilmember Libby referenced related to the minutes concerning the utilities, was an example of this type of situation. The City Clerk's interpreted from the tape recording did not correspond to what Councilmember Libby wanted stated in the minutes. She requested that if a Councilmember has a concern about the minutes, that they contact her and she will make the tapes available for their listening. City Manager Horsley summarized the matter by stating that amendments to the minutes will be presented in the context of the entire sentence in the paragraph so that when Council rereads it, they can fully understand what was said. She noted that anytime a Councilmember would like a copy of the minutes, the City Clerk is more than happy to make them available. 6:45 p.m. - Councilmember Ashiku arrived at the meeting. UNFINISHED BUSINESS 9a. Adoption of Resolution Authorizing 1999-2000 Grant Funding for Community Based, Non-Profit Organizations Councilmember Smith recused himself from the matter because his employer, Ukiah Valley Association for Habilitation, is one of the applicants. Mayor Mastin recused himself from the matter because of a potential conflict of interest with his association with Plowshares, an applicant. He turned the gavel over to Vice Mayor Ashiku to conduct the meeting. 6:47 p.m. - Mayor Mastin and Councilmember Smith removed themselves from the dias. Vice Mayor Ashiku presided over the meeting. September 1, 1999 Page 5 of 23 Risk Manager/Budget Officer Harris advised that, in response to the City's solicitation, 25 entities applied for the $25,000 available in 1999-2000 grant funding to community based, non-profit organizations. The total amount requested by the 25 entities totaled $99,090. He noted these applications had been reviewed by a committee composed of Councilmembers Baldwin and Libby and four staff members, with recommendations to fund a portion of 12 programs. Though each of the petitions were worthwhile, those programs recommended were viewed to have greater limitations on funding sources, addressed health, safety, or welfare issues, would assist/impact the greatest number of needy residents, or met needs of youth and seniors. He identified those applicants who were recommended for funding. Actual applications were included in the Staff Report. Councilmember Baldwin reported that he enjoyed working with Councilmember Libby and the Committee, particularly the consensus reached by the Committee. Karen Wandrei, Executive Director of Mendocino Family and Youth Services/Mendocino Youth Project, advised distributed invitations to its 25th anniversary celebration scheduled for September 11, 1999. Although it was not selected by the City to receive funds this year, it will continue to pursue other funding sources. The following individuals came forward to express their appreciation to Council for the funding allocation recommendation: Mike McCann, Treasurer of the Boys and Girls Club of Ukiah. Joanna Olson, Case Manager for Big Brothers Big Sisters of Mendocino County. Jani Shepard, Executive Director of Project Sanctuary. Jim Williams, Managing Director of S.P.A.C.E. Joyce Ives, representing the Community Care Linkages Program. Roy Smith, Executive Director of Ukiah Valley Association for Habilitation (UVAH) and Mayacama Industries. Melissa Phillips, Executive Director of the Ukiah Senior Center. Mary Buckley, Executive Director of Plowshares. Eric Larson, 123 Clara Avenue, commended Council for providing recreational scholarships to children through the City of Ukiah's Community Services Department. He felt the concept of scholarships should be extended to other organizations in the future. In response to an inquiry by Councilmember Baldwin concerning a follow up process to evaluate the funding for each organization, Mr. Harris advised that no formal process has been established to evaluate the funding allocations. Councilmember Baldwin recommended the Resolution include a provision that the City expects, as a condition of the grant funding, that a detailed written evaluation of the use of grant funds be provided before the next application for new funding. He noted information regarding how the money was used and whether or not it achieved the expected results presented in the original application would be helpful. City Manager Horsley explained that in May, the City could send letters to those organizations who received funding soliciting their input concerning the effects on their programs. September 1, 1999 Page 6 of 23 Councilmember Libby recommended that during next year's funding cycle, it should be noted in the application process that a follow up evaluation will be necessary. Councilmember Baldwin, noted that, although full funding was not allocated to Literacy Volunteers of America, it was his hope that they not spend the money on computer games. MIS Baldwin/Libby to adopt Resolution 2000-12 authorizing 1999-2000 Grant Funding for Community Based, Non-Profit Organizations, in the amount of $25,000; carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Vice-Mayor Ashiku. NOES: None. ABSENT: Councilmember Smith and Mayor Mastin. ABSTAIN: None. 7:15 p.m. - Adjourned. 7:20 p.m. - Reconvened. 7:20 p.m. - Mayor Mastin and Councilmember Smith returned to the dias. 8. PUBLIC HEARING 8a. Appeal of Planning Commission Decision to Deny Major Use Permit No, 99-21 Senior Planner Stump advised that an appeal of the Planning Commission's decision to deny Major Use Permit No. 99-21 has been filed by the applicant, the Ceja brothers. The applicants propose the construction and operation of a retail tire store and light auto repair business at the southwest corner of the North State Street/Low Gap Road intersection. The applicants filed a timely appeal, and in response to the Commission's concerns and denial action, have revised the design of the building and are seeking the City Council's approval of the project. Mr. Stump reviewed the before and after designs of the facility and felt the applicants have made an outstanding effort to redesign their project. Staff is recommending Council uphold the appeal, based on the findings and conditions outlined in the Staff Report. 7:23 p.m. - Public Hearing opened~ Ismael Ceja, owner of the property, discussed the design and construction of the new building, with their goal of providing an attractive facility to the downtown area that the community will be proud of. He felt the design more than satisfies the requirements and the new design will set forth a positive atmosphere for future projects. Daniel Marvellia, attorney for the Ceja family, asked Council to reverse the actions taken by the Planning Commission concerning the project and to approve Major Use Permit 99- 21. Mr. Ceja has exhibited extraordinary efforts in his attempt to deal with many of the issues raised during the Planning Commission hearings, particularly related to the metal look of the building. He felt that the revised design addresses those issues. Eric Larson, 123 Clara Avenue, advised that as a Planning Commissioner, he had cast a vote against the project when it came before the Planning Commission. Since that time, he has met with Mr. Ceja, reviewed the new design, and now feels that Mr. Ceja has addressed the Planning Commission's concerns. He strongly recommended Council approve the project. He discussed the Planning Commission's decision to deny the project and it's appeal to Council. It was his opinion that the responsibility lies with Council to ensure that design guidelines are established and applicants are informed of what is expected of them. He referred to sections of the General Plan which referenced policies September 1,1999 Page 7 of 23 and implementation measures. John McCowen, Ukiah, commended the applicants for their efforts and recommended approval of the new design. He discussed the importance of establishing design guidelines so applicants know what to expect. He discussed the Ceja project and referred to the Planning Commission minutes of discussion of Commission concerns and opinions. It was his opinion that, until the City establishes design guidelines, the applicants should not be held hostage to the whim of the Planning Commission. Sheridan Malone, 422 Jones Street, concurred with Mr. McCowen's comments and reminded Council that an automotive type business is considered a Iow impact use. He approved of the project and discussed the previous car dealership at that location. He commended the applicant for having the persistence to go through the process, which often times has been unclear. He reminded Council that the Redevelopment Agency has assisted downtown businesses through the voluntary design review process. He felt that businesses will go through the process, however, government needs to inform them of the standards they need to meet. Larry Lombard, stated he has a financial interest in the project, along with the Ceja family. He has many years of experience in the tire business. He reported that he attended the Planning Commission meeting in August and felt there were more personal opinions involved in the decision making, rather than abiding by a statute. It was his opinion that the Ceja family has gone through an extraordinary effort to please the members of the Planning Commission. Upon an inquiry by Councilmember Ashiku pertaining to the conditions of the Major Use Permit, Mr. Lombard advised that the project is seeking approval for a tire and wheel service, along with light mechanical work, such as brakes, front end alignment, wheel balancing, etc. He felt that noise mitigations will be met with the fire proof walls and equipment used. Mr. Ceja requested that Condition #29 be withdrawn from Major Use Permit, which he read to Council. With construction of such an expensive building, it would be economically viable for them to provide other automotive services. He advised that they do not plan to paint autos. Mr. Lombard advised that in 95% of tire stores in the United States, light automotive work is also performed, which consists of sales of tires, wheel alignment, wheel balancing, brake services, shock absorbers and struts. These activities are clean and are often required at the time a customer buys tires, as a "complete package". Upon an inquiry by Mayor Mastin the types of activities that would be restricted in Condition #29, Mr. Lombard advised that other automotive services are necessary, however, they do not intend to provide engine repair or painting of vehicles. Mr. Ceja explained that they may wish to include miscellaneous sales of such items as radiators and transmissions. They do not intend to provide engine repair or painting of vehicles. He felt Condition #27 would be more appropriate, which he read aloud. He September 1, 1999 Page 8 of 23 discussed the storage of vehicles overnight at the location. Mayor Mastin was of the opinion that if the applicant gets into more heavier activities, such as radiator repair, there would be a need to dispose of potential toxic materials as well as storage on site, which may not have been a consideration of the current proposal. Councilmember Ashiku explained that the core of Mr. Ceja's business is allowed under Condition #27. It also allows the incorporation of potential uses in the future, which can be reviewed and decided by the Planning Department. He inquired of the applicant concerning the use of the fifth bay. Mr. Ceja advised that they would like to use the fifth bay for light auto repair. The bay would not have a lift and they may also use it for storage. Richard Shoemaker, 710 Willow, advised that he voiced his concerns regarding noise, the building's design, and landscaping at the Planning Commission meeting. After discussing the matter with Mr. Ceja, he is heartened by the new design of the project. He applauded the applicant for pursuing the project. He discussed the design of other tire sales operations in Ukiah and is very proud of Mr. Ceja's project. He no longer has concerns and is happy with the landscaping design. 7:52 p.m. - Public Hearing closed. Council discussed the project and expressed their appreciation to Mr. Ceja and his family for their perseverance and the improvements that they will make to the State Street area. They also took under consideration suggestions made during the public hearing regarding the establishment design guidelines for businesses in Ukiah. MIS AshikulBaldwin to uphold the Appeal filed by Ismael Ceja, and approve Major Use Permit No. 99-21 subject to conditions 1-32, with the allowed use of bay #5, based on the finding that the revised project satisfied the concerns expressed by the Planning Commission, and that it has sufficient variety, creativity, and articulation in the architecture and design to avoid monotony and a box-like uninteresting external appearance, and in addition to findings 1-9 as listed in the Staff Report. Councilmember Baldwin discussed design guidelines for the community, and emphasized the need to underground utilities on State and Perkins Streets. It was his opinion that the City should be vigorous in its zoning enforcement, especially related to signs and landscaping. He recommended Council consider increased budget allocations next year for zoning enforcement. Mr. Stump advised that staff has conducted background research and the establishment of design guidelines is a high priority. Staff will be discussing the matter with the Planning Commission at a future meeting. Mayor Mastin applauded Mr. Ceja for his perseverance and for listening to the concerns of the Planning Commission and the public. September 1,1999 Page 9 of 23 Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 8. PUBLIC HEARING 8b. Adoption of Resolution Revisinp Capital Improvement Fees for the Airoort Industrial Park (Continued Public Hearing Public Works Director Kennedy advised that the public hearing on this matter has been continued several times, and that the last continuance has provided staff the opportunity to hire the services of a qualified appraiser for the purpose of reevaluating the partial land acquisition. The original appraisal that was completed at the beginning of the establishment of the Capital Improvement Fee considered the acquisition of the entire parcel. The Public Hearing continuance also provided staff with an opportunity to complete more detailed drawings of the plan for the proposed improvements. He expressed staff's concern that they were making major reductions in estimates without the benefit of a detailed plan. The continuance also allowed staff to have discussions with Assistant City Manager Mike Flad due to lack of prior discussions of any acquisitions of Airport property, and if there is a requirement to compensate the Airport. Mr. Flad has indicated in his memo, which is included in the Staff Report, that it is necessary to reimburse the Airport for any lands taken for purposes other than Airport purposes. According to Mr. Flad's memo, he recommends using a $3.00 per square foot price for acquisition. He reported that staff identified two partial land acquisition options and requested the Appraiser to provide acquisition and related costs for both options. Option One involves the acquisition of the southerly six feet of the northeast corner parcel known as the Lanz property, the northerly eight feet of the Airport property on the south side of Hastings Road, irregular portions at the southwest corner of the Lanz property, and the northwest corner of the Airport property. Option Two involves the acquisition of the southerly 11 feet of the Lanz property, the northern three feet of the Airport property, and irregular portions of both parcels to accommodate pedestrian access ramps. He advised that both land acquisition options will accommodate a 10 foot wide left-turn lane, two through lanes, each 16 feet wide (one eastbound, one westbound), five foot wide sidewalks, and a 35 foot curb return radius at each corner of the Hastings Road approach. He advised that Land Acquisition Option One would create left-turn lanes on Hastings Road and Washington Avenue that would be offset four feet to the left and facing opposing traffic. An offset to the left against opposing traffic is unacceptable and not standard practice, because this places the left-turn vehicle facing on-coming traffic. A small offset to the right, however, would be acceptable. Land Acquisition Option Two would accommodate left-turn lanes on Hastings Road and Washington Avenue which are directly opposite one another. This direct alignment is standard practice and Land Acquisition Optio~!iTwo is the only viable option. He noted that a 35 foot curb return radius is the minimum radius recommended for turning trucks and that the proposed 10 foot wide left-turn lane meets minimum standards. September 1, 1999 Page 10 of 23 Under Option #2, there is a rental value loss estimated at $75,000. It is recommended that the single family residential structure located at the corner of Hastings Road and South State Street be removed. The average setback would be approximately 3 % feet. It is the appraiser's opinion that with such a setback, it would make the structure uninhabitable for a single family residence. As described in the report dated August 10, 1999, and prepared by Gary Fulbright of Harding Appraisal Company, Land Acquisition Options One and Two are estimated to cost $31,400 and $103,200 respectively. He discussed associated costs with each Option. Mr. Kennedy advised that the property located at the corner of Hastings Road and South State Street is currently zoned C-1 (Light Commercial). He pointed out that the appraisal and Staff Report are predicated upon the first appraisal. He explained that the property, although located in a C-1 Zoning District, is located within an area with land use governed by the Ukiah Municipal Airport Master Plan. The Master Plan identifies the appraised property as being within Zone A, which is designated as high risk and as having high noise levels. He explained that the property uses allowed within Zone A are reviewed by the Planning Department, and proposed use changes must be approved before they are made. The only likely new/future land use in Zone A is for vehicle parking, while existing uses continue to be acceptable if no use change is made. He discussed a letter that Senior Planner Stump wrote to Mr. Lanz, in which Mr. Lanz is informed that continued use of the residence as a single family dwelling would be consistent with the Airport Master Plan, however, converting it to an office use, with employees, would be inconsistent with the purpose, intent, and land use compatibility criteria of the plan. If the primary use of the structure remains a single family residence, and it happens to contain an incidental "home" office, then it would be consistent with the plan. The entire structure could not be used as an office to the business. With the use of an overhead projector, he displayed zoning in the immediate area of the structure, and discussed the Ukiah Municipal Airport Master Plan zoning. He advised that additional criteria includes the prohibited use of all structures except those set by aeronautical function, and discussed normally acceptable uses. He discussed fencing and vegetation along the southern portion of the property and how it impaired sight visibility. Vehicles traveling in a westerly direction on Hastings Road, as they approach State Street, have their view obstructed by the vegetation along the fence. He discussed an accident which occurred at that location in August 1999. City Attorney Rapport recommended that, for the record, Mr. Kennedy should indicate the page number and identify documents that he shows to Council. Mr. Kennedy advised that he showed Council photos of the northeast corner of Hastings Road and South State Street, as noted on page 10 of the Staff Report. He also distributed a copy of the Appraisal Report to Council for review. Mr. Kennedy discussed the narrative of the Police Report with regard to the accident, and noted how the vegetation along the fence line contributed to the obstruction of the drivers views of the intersection. He discussed the 3.5 foot setback and noted that, should the structure remain, the setback will be screened in close proximity to the sidewalk. In comparison, he referred to the Appraisal September 1, 1999 Page 11 of 23 Report and noted that both he and the Appraiser feel that the building in uninhabitable given the small setback. He explained that the required setback for a corner lot in a residential zone is 20 feet front and 20 foot side yard setback to the sidewalk. With Land Acquisition Option Two, staff has had to revise the cost of improvements for Hastings Road, Washington Avenue, as well as South State Street to reflect the structure removal and the removal of vegetation and trees. He discussed in detail the new costs associated with land acquisition for the Lanz parcel, tenant relocation cost, and attorney fees and closure costs to acquire the structure and the land. He discussed the Fee Comparison Chad of the current fees, previous proposal, Option One, and Option Two, as provided in the Staff Report. For the record, Mr. Kennedy discussed signalization, and what can be done to improve the level of service (LOS). He called attention to a letter to City Manager Horsley written by Gary Akerstrom, after the first Public Hearing on July 7, 1999, in which Mr. Akerstrom discusses split-phase signal configuration and proposes that it be utilized in lieu of widening Talmage Road at Airport Park Boulevard, and to do some modifications to the green time for each phase. Mr. Akerstrom mentioned in his letter that Mr. Kennedy failed to point out that one of the advantages attributed to split-phase is appropriate for this project because the number of left turn vehicles is equal/greater to the through traffic. Mr. Akerstrom also points out in his letter that the consultant has recommended split-phasing for the north-south movement. Mr. Akerstrom also provided the City Manager with additional LOS calculations. Mr. Kennedy felt that Mr. Akerstrom is of the opinion that you can obtain any desired LOS that you need, merely by manipulating the green time. He continued with a detailed explanation of Mr. Akerstrom's LOS calculations for the westbound left-turn lane, and with build out. Mr. Kennedy noted that Mr. Akerstrom provided the City Manager with an option that includes two left-turn lanes, one being shared with the left, and one shared with the right and through traffic. For the record, Mr. Kennedy advised that according to the Federal Manual for Urban Streets, left-turn volume standards, "Where left-turn volumes exceed 300 vph, provision of a double left-turn lane should be considered". He also cited, from the same Manual, a section pertaining to simultaneous or dual left turn lanes, "A through movement is allowed to go with its associated left turn movement when there is no opposing left turn traffic". He advised that staff is proposing this type of configuration for Talmage Road, and noted this method is most effective during free or isolated operations and that the intersection is traffic actuated. He referenced section 9-03.6 Opposite or Opposing, and advised that "This method is especially useful when one of the through lanes must be used as an operational turning lane or where a separate left turn lane cannot be provided". Mr. Kennedy advised that complete information regarding signalization is needed that includes a phased diagram illustrating the phase plan and cycle length, green times, and change intervals. He discussed the green times for pedestrians to cross the street safely, and discussed the formula for calculation. He referred to an excerpt from the City's Bicycle and Pedestrian Master Plan, adopted January 1999, page 14, under "Citywide (minimum standard): "Provide adequate pedestrian crossing time given street width." Additionally, he referenced page 15 of the same document, "Pedestrian Safety Policy 1-2: Alter traffic signal phasing to accommodate the pedestrian needs over the vehicle in key pedestrian- September 1, 1999 Page 12 of 23 oriented locations..." He discussed schematics of the Airport Park Boulevard/Talmage Road intersection for existing conditions and in relation to pedestrians walking across the intersection, which was mitigated from the April 1997 Report. He reported on Mr. Akerstrom's suggestions of the existing configuration for split phase of 18 seconds for pedestrian movement, shared westbound left lane split phase of 5 seconds for pedestrian movement. He did not feel that Mr. Akerstrom's suggestions allowed enough time for pedestrians to cross the intersection safely. Mr. Kennedy had asked the consultant to correct it to 18 seconds, noting that this particular error with the 6-phase has now been corrected. Mr. Kennedy discussed comparison of vehicle capacities for the intersection for the lanes. Relating to capacity and level of service at signalized intersections, he advised that the Manual states that "The procedures and methods in this chapter require the analysis of both capacity and LOS conditions to fully evaluate the operation of a signalized intersection. It is imperative that the analyst recognize the unique relationship of these two concepts as they apply to signalized intersections". He advised that, prior to Wal-Mart and the Airport Industrial Park, there was no signal at that location. Talmage Road traffic had no delay, with the exception of the small street off of Lorraine and Betty Streets that was used to connect to Talmage Road. He noted that at Council's last meeting, the consultant advised that it is very important to maintain the capacity on Talmage Road for east and west bound traffic. Discussion followed between staff and Council concerning the time it takes for pedestrians to cross a street in relation to the pedestrian "walk/don't walk" lights. Councilmember Baldwin posed questions concerning sidewalk improvements along Airport Park Boulevard and if they are included in either Option One or Option Two. Mr. Kennedy advised that the sidewalks will be installed as the parcels are developed and the developer will pay Capital Improvement Fees. There was also discussion of the Fees, as adopted, for the completion of the acquisition of the Hastings Road parcel. Configuration of the lanes at the intersection of Hastings Road and South State Street were reviewed. Mr. Kennedy reiterated that a traffic count for that intersection was conducted by the consultant. He went into detail of the traffic volumes, which were based on actual count. Councilmember Libby advised that it is important to keep in mind that once the Airport Industrial Park is developed to its capacity, the City cannot go back and reassess those parcels for improvement fees. With regard to the Lanz property she inquired of staff if the owners are aware of what is being considered for the property. Mr. Kennedy advised that the property owners like their present location and are opposed to selling the property or moving the structure. It was his estimate that the condemnation process would need to be followed in order to acquire the property and that the cost to acquire the property may exceed the estimate. He discussed safety issues if the structure is moved to the north because it would obstruct access to the barn and a shop, it would reduce the amount of parking area, and would create a potential hazard for vehicles backing out of the driveway of the property, as articulated in the Appraisal Report. 8:48 p.m. - Recessed. September 1, 1999 Page 13 of 23 8:56 p.m. -Reconvened. 8:56 p.m. - Public Hearing opened. Gary Akerstrom, representing Redwood Business Park at 425 Talmage Road, expressed concem regarding the Public Hearing procedure. He noted that in the Resolution it states that "Whereas, an "Engineering Report for the Revision of the Airport Industrial Park Capital Improvement Fees" dated May 28, 1999, ("Engineering Report") and subsequent reports with additional analysis and information have been prepared and presented to the City Council and made available to the public for inspection at the Civic Center during regular business hours 10 days prior to the public hearing." It was his opinion that upon reading the Staff Report, that the Public Hearing should be a time when the public can review and respond to the Staff Report. He felt that much of the information given to Council during this Public Hearing, in terms of over head projections and additional information is not contained in the Staff Report. He did not think that the Public Hearing is the time or place for Staff to "blind side" the public with new and additional information. He highly resented this type of approach and felt the public should be allowed enough time to respond to the Staff Report. Mayor Mastin inquired of Mr. Akerstrom if there was information that Mr. Kennedy presented at the Public Hearing that he had not seen before. Mr. Akerstrom advised that he had not seen the information presented by Staff through the use of an overhead projector, and information related to pedestrians and delays. He advised that the Staff Report dated August 18, 1999, is version number 10 and it still is not correct, noting that the Report has substantial problems. With regard to the LOS calculations done on a computer, he felt this is a way of addressing capacity and how much delay a pedestrian would have going through an intersection. He felt it is much easier to use a computer to simulate the calculations rather than doing it in the field. He further discussed various manipulations that can be made with a computer program. As a result, the cost estimates for Talmage Road are too high. He discussed the intersection of Hastings Road and South State Street with regard to the setback for residential structures. He advised that the setbacks on the Lanz property is not 20 feet, but 10 feet. He felt that a 20 foot setback in a residential area is immaterial to the subject property since it is not located in a residential zone. To provide an estimate and appraisal based on the fact that the structure is a residence, is erroneous because since the Lanz's purchased the property they changed the use from residential to commercial. In that process, there has been no improvements required of the Lanz's in terms of street widening or the removal of shrubbery which blocks visibility. He reiterated that the property is located in a C-1, not a Residential zoning district. He discussed the situation of the City not requiring that improvements be made by the Lanz's when they changed the use of the property. It was his opinion that the appraisal reflects the structure as being a residence, and it underestimates the onerous conditions that are imposed on this property by the Runway Protection Zone. He discussed the type of buildings which are allowed on that parcel related to airport related uses. He felt the appraisal far underestimates the affect of those types of conditions on the property. September 1, 1999 Page 14 of 23 He discussed paying the Airport for street property, and advised that the only access to the east side of the Airport is either along Hastings Road or through Redwood Business Park. It was his opinion that if the City wants to develop access to Airport property, he should not be required to pay the Airport for property, but rather that the City should pay Redwood Business Park for land acquisition. To say that it is fair to have land acquisition to develop the only access to Airport property is stretching the limits. In the entire report, there is no participation required from the City Corporation Yard, from the Fetzer property, or from the Airport. He discussed traffic along Hastings Road and Redwood Business Park in order to get to the City's Corporation Yard. He discussed the 35 foot curb radius and noted that this is not a main truck access route to the Airport Industrial Park. He discussed the truck route for getting to such businesses as Wal-Mart and Food 4 Less. He explained that the plans require a six foot sidewalk, and noted that the current sidewalk along Hastings Road is five feet wide. The plans show an offset on the traffic flow of four feet at the intersection of Hastings Road, Washington Avenue, and South State Street. Due to this alignment, you have to make a turn in the intersection, and he felt there is enough room to make an adjust. In general, he strongly objected to the initial traffic study conducted by Mr. Weinberger and advised that there was a mistake in the LOS calculations in which they failed to correct some capacity numbers, and failed to correct when he expanded and included new lanes. This caused him to include another lane. He felt the costs are too high and the proposals keep changing and they strongly object to that situation. He felt the proposals have been flawed from the beginning and are still flawed. Mayor Mastin inquired of Mr. Kennedy regarding traffic that uses Hastings Road and the percentage that travels straight through from State Street into the Redwood Business Park, as opposed to those that stop at locations along that route. Mr. Kennedy advised that they only counted the vehicles as they go through the intersection and have not conducted "destination" studies of the area. However, they did conduct a destination study one time and the pass through traffic was very minimal. He explained how a destination study could be conducted for the area. Mr. Akerstrom explained that they conducted traffic counts on the amount of traffic that was going to the City Corporation Yard or passing through. This occurred prior to the opening of the carpet business. The study did show there was a substantial number of cars merely passing through from Hastings Road to Commerce and passing through on Airport Park Boulevard to Talmage Road. He discussed Weinberger's license plate count. John McCowen, Ukiah, pointed out to Council that there is an Ordinance that states fences cannot be over three feet in height. The visibility could be improved if the property owner would prune the shrubbery. He discussed the requirements for a change use, as well as a requirements to make certain improvements that are in the public interest to accommodate the intensity of the use change. He felt this may be an appropriate situation to look into. September 1, 1999 Page 15 of 23 He discussed prohibiting motorists from traveling north through the Talmage Road/Airport Park Boulevard intersection into the residential neighborhood. He felt that the City may not have educated the public enough when this change occurred because many people receive a traffic citations. Besides generating revenue for the City, he felt citations generate hostility towards the City from the motorists. The City should adopt an education program and perhaps issue warning citations for a period of time. He discussed improvements required to accommodate development in the Airport Business Park and increased traffic flows in the Airport Industrial Park. He addressed the problem with west bound traffic on Talmage Road turning into the Airport Industrial Park. He felt that as build out occurs, two lanes will not be able to handle the left hand turn traffic and there will be cars backing up into the through lane. He was of the opinion that Council should follow the City Engineer's recommendation for this situation, and realize that this still is an inadequate solution, particularly as the provision is made for future retail development. He discussed the intersection at Hastings Road, Washington Avenue, and South State Street. He felt there is a need for a right turn lane from northbound South State Street onto Hastings Road. He recommended Council look ahead to widening Talmage Road to four lanes west to State Street and felt it would be fair to ask the AlP to share the cost to the railroad tracks or to Waugh Lane, then to have it be the City's responsibility to State Street. He felt Council should consider, prior to the adoption of the proposed Ordinance, recalculating what is going to be the future impact of increased development in the Airport Industrial Park. He discussed converting certain properties from industrial to mixed use zoning and an increase in retail development. He discussed rezoning of some AlP properties to the south, which have not been factored into the proposal. He recommended the matter be continued, based on some of the issues raised by Mr. Akerstrom. Mr. Kennedy advised that with the elimination of the northbound through movement on Talmage Road, the City has committed itself to reducing the amount of Wal-Mart traffic and AlP traffic that routes through the Marlene Street area. With regard to the through traffic, he advised that it is well signed that no northbound entry into the residential neighborhood would be permitted. He reportedly discussed the matter with the City Manager and requested the Police Department enforce the area. He discussed the abundance of signs and markings on the pavement informing motorist of the configuration at the intersection of Talmage Road and Airport Park Blvd. He advised at the present time, traffic citation fees go to support the Superior Court and the City gets nothing. He reported that part of the program for northbound State Street at Hastings Road will include another through lane and a right turn lane and discussed this configuration. Discussion followed concerning the City's involvement and response to the Lorraine and Marlene Street residential neighborhood concerns regarding through traffic and attempts to resolve issues regarding traffic and safety of children in their neighborhood. Most of the motorist who complain about the obstructions, are those who do not live in the neighborhood and would like to drive faster. September 1, 1999 Page 16 of 23 9:36 p.m. - Public Hearing closed. Councilmember Ashiku observed that over the years, Mr. Kennedy and Mr. Akerstrom have met on several occasion, discussing various calculations, and never agreed on the matter. He inquired if Mr. Akerstrom has had the opportunity to thoroughly discuss the underlying engineering assumptions which were presented at the meeting tonight. Mr. Kennedy advised that the only item that is not included in the Staff Report, which Mr. Akerstrom made reference to, is his letter and subsequent presentation, i.e. the lack of pedestrian time to cross an intersection. However, everything else was generated from the Staff Report. Councilmember Ashiku inquired if that one item would substantially alter the assumptions. Mr. Kennedy advised that he has showed Council why he disagrees with Mr. ^kerstrom's means of reducing and improving LOS by strictly manipulating the calculations. City Manager Horsley advised that Mr. Kennedy did not present essential new information but rather information to explain more of his understanding of the situation. She advised that whenever the City did have new traffic studies, this information was provided to Mr. Akerstrom. He in turn, has been giving the City his computer diagrams. Therefore, he has had the opportunity to explain his reasonings for his position. Councilmember Ashiku felt that, based on the information presented by Staff, it should not have "blind sided" the developer. Councilmember Libby requested clarification regarding zoning of the Lanz property and noted that the structure looks more like it is being used for an office than for residential use. Mr. Kennedy advised that, at the time the appraisal was completed, there was a family leasing the structure, which is the basis for the figures presented. Subsequent to that, and it is unknown exactly when, the family moved and the structure was converted to an office. City Attomey Rapport advised that when an appraisal is completed, it is not necessarily based on the current use. The appraiser determined what the highest and best use was by evaluating the zoning ordinance, including the Airport Master Plan. In determining what the potential acquisition costs are going to be, in calculating the severance damages, which was the primary focus of the letter, you compare what the fair market value of what the property is before the project, based on its highest and best use, not necessarily based on what its current use is. Then you compare that to what the fair market value will be after the project. This denotes what the impact of the project will be on the fair market value. That reduction in market value is the severance damages that the City will be responsible for compensating the property owner. The appraiser looked at the Zoning Ordinance and what uses of the structure are permitted, and determined that residential use is the only permissible use. If the property owner has changed the use, that may or may not be consistent with the Zoning Ordinance, and it really has nothing to do with the September 1, 1999 Page 17 of 23 basis of the appraisal. Mayor Mastin reported that, at his request, Assistant City Manager Flad made a copy of Timberlake Tree Service's ad from their Web Page. Timberlake lists their office address at the Lanz property location. City Attorney Rapport advised that, under the City's resolution and ordinance, the fees must be paid in order to obtain a building permit. He noted that there are a number of property owners that will be required to pay the fees, in addition to Redwood Business Park. These property owners have an interest in the amount of the reduction in fees because there are property owners who have already paid the fees, other than Redwood Business Park, who will actually get money back should Council adopt the proposed resolution. The amount they receive will depend on whether Council adopts Option One or Two, how the costs are evaluated, etc. He noted that the new fees will be paid by new development, not by the existing businesses. However, some of the existing businesses will receive a rebate. City Manager Horsley advised that five property owners were given notice and noted that some of the property owners own more than one parcel. She discussed the chart submitted in the Staff Report concerning the "types" of businesses described for land use. Councilmember Baldwin inquired that, if there is a potential in the next five years of a detrimental situation occurring on Talmage Road, could the fees originally targeted for the Hastings Road property be used to add lanes on Talmage Road. Mr. Kennedy advised that, by law, the City has to identify the purpose of the fees. He discussed bringing Talmage Road up to standard. The two lanes west of the railroad tracks on Talmage Road is considered State Route 222, and is still a State maintained road. The State tried to relinquish a portion of the road to the City, however, the City will not accept the road until the State brings it up to their standards. He felt that Option Two best addresses infrastructure problems. In response to an inquiry by Mayor Mastin regarding land use changes within the Park and if it would generate a new traffic study, Mr. Kennedy advised that this type of situation already triggered a new traffic study. A new traffic study was completed, and was based on a five phase, and he discussed portions of this traffic study related to traffic movements on Airport Park Boulevard. He advised that if zoning changes occur, he would like to review the five and six phase, with adequate pedestrian movements. If there were future zone changes which caused additional traffic, and in turn caused additional mitigation, he felt that the properties benefiting from the new zone change fees would pay for any additional items above and beyond the original Park mitigations. MIS Ashiku/Smith to adopt Resolution 2000-13 "Revising the Capital Improvement Fees for the Airport Industrial Park" as recommended by staff under Land Acquisition Option No. Two. Councilmember Baldwin was of the opinion that the current fees should remain. In looking to the future, he projected a potentially disastrous situation occurring on Talmage September 1, 1999 Page 18 of 23 Road. Discussion followed concerning the number of lanes on Talmage Road with Option Two. The Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Ashiku, and Mayor Mastin. NOES: Councilmember Baldwin. ABSENT: None. ABSTAIN' None. 8. PUBLIC HEARIN(~ 8c. Adoption of Resolution Approving an Application and Contract Execution for Funding from the Economic Development Allocation of the State Community Development Block Grant (CDBG) Program and Authorizing the Execution of a Grant Agreement and Any Amendment Thereto with the ~tate of California for the Purpose of This Grant Assistant City Manager Flad presented an overview of the Community Development Block Grant (CDBG) Program and discussed its objectives. The intent of the CDBG Economic Development Allocation is to stimulate economic development in small cities and rural counties with high unemployment rates and lagging economies. The proposed economic development project is a Revolving Loan Fund, Infrastructure Fund, and Microenterprise Program. The City is requesting up to $448,000 in CDBG funds and has designed the program to be flexible in order to maximize the City's future funding options. He discussed West Company's assistance and involvement in writing the proposed grant. The components of the grant consist of Business Assistance Activities, Microenterprise Assistance/Microloans ($36,650), Business Assistance/Infrastructure ($339,975), Business Assistance/Activity Delivery ($37,775), and General Administration ($33,600), which he described to Council. He discussed the West Company's involvement with the Welfare to Work Program and Private Industry Council. He reported that 60% of the businesses in Mendocino County have five or less employees. He advised that the first hearing was held on July 22, 1999, which was also used for the Planning and Technical Assistance Grant. He thanked Madelin Holtcamp and West Company for the many hours they contributed toward the 80-page grant application. City Manager Horsley thanked Mr. Flad for his efforts regarding the project and noted that one of the reasons why the City had not previously applied for this type of grants is because it is a monumental task. 10:01 Public Hearing opened. No one came forward. 10:01 Public Hearing closed. Councilmember Baldwin inquired as to how to ensure businesses perform, in terms of job creation, when they receive a loan. Madelin Holtcamp, Community Development Financing Corporation, advised that they conduct quarterly monitoring and site visits. They must complete a report which is a September 1, 1999 Page 19 of 23 requirement of the funder, as well as a normal condition that applicants sign as part of the documentation with their loan papers. Upon an inquiry by Councilmember Libby conceming the Business Assistance/Activity Delivery, Ms. Holtcamp described its activities of marketing the loan fund, the process for underwriting the loan, and the on-going cost for monitoring monthly billing collections. The General Administration portion is to satisfy the requirements of the State and is a mandated percentage (7%) of the total amount that is applied for, which needs to be set aside for that activity. This includes the performance reports, job monitoring, reports verifying the targeted income group, and other specifications. MIS Smith/Libby to adopt Resolution 2000-14 approving an Application and Contract Execution for Funding from the Economic Development Allocation of the State Community Development Block Grant (CDBG) Program, and Authorizing the execution of a Grant Agreement and any amendment thereto with the State of California for the purpose of this grant; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. NEW BUSINESS 10a. Adootion of Resolution of Intention to Amend the CitY of Ukiah's PER~ Contract to Remove the Exclusion of 'All Hourly Rated or Hourly Basis Employees'. Prospectively Only, and Introduction of Implementing Ordinance Personnel Officer Harris advised that CalPERS contacted the City of Ukiah and other agencies who contract includes an exclusion of 'All Hourly Rated or Hourly Basis Employees'. Since these positions are already excluded from PERS by Government Code {}20305, the exclusion is no longer necessary. The contract amendment serves to clean up the contract language to avoid any potential confusion. MIS Ashiku/Smith to adopt Resolution 2000-15, Resolution of Intention to approve an amendment to contract between the Board of Administration California Public Employees' Retirement system and the City Council of the City of Ukiah; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. MIS Ashiku/Smith to introduce, by title only, Ordinance of the City Council of the City of Ukiah authorizing an amendment to the contract between the City Council of the City of Ukiah and the Board of Administration of the California Public Employees' Retirement System; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. City Clerk Ulvila read the Ordinance by title only. MIS SmithlAshiku to introduce Ordinance of the City Council of the City of Ukiah authorizing an amendment to the contract between the City Council of the City of Ukiah and the Board of Administration of the California Public Employees' Retirement System; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. September 1, 1999 Page 20 of 23 NEW BUSINESS 10b. A~_ pointment of Votin_~ Delegate and Altemate for October 10-12. 1999 Annual Lea_~ue of California Cities Conference Mayor Masfin advised that both he and Councilmember Smith plan to attend the Annual League Conference. He reported that he was a voting delegate last year. A brief discussion of the matter followed. MIS Ashiku/Baldwin appointing Mayor Mastin as the Voting Delegate and Councilmember Smith as the Alternate for the October 10-12,1999 Annual League of California Cities Conference; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 11. CITY COUNCIL REPORT~ Councilmember Smith reported attending a Main Street Program meeting. He discussed the Time Capsule Project, cosponsored by the City of Ukiah, Main Street Program, and the Ukiah Daily Journal and invited the public to include their signature in the Time Capsule 2000. Items will also be included in the capsule which will reveal our present day period when it is opened in 100 years. The items will be sealed in a water proof capsule and buried at the Alex R. Thomas, Jr. Plaza during the Downtown New Year's Eve celebration on December 31, 1999. He reported that a chairperson has been appointed to the Tree Lighting Committee. The Committee is to develop a plan, and the mechanism for obtaining funds from local businesses to install a more permanent tree lighting system in the downtown area. The Downtown Business Brochure is being circulated for merchants to make any revisions. He reported that the Main Street Program is very happy that the contract with the City was approved. Councilmember Libby reported attending a meeting of the Economic Development and Financing Corporation (EDFC) and their new Vice President is Cherie Turner. They voted to have their meetings every other month instead of monthly and will have more tele- conferencing in order to have a quorum at each meeting. The subcommittees will meet during the months that the Board is not meeting. Councilmember Baldwin reported attending a Mendocino County Inland Water and Power Commission (IWPC) meeting. The same items were on the agenda which are always discussed. These items include: 1) the "Corp of Engineering Study on Raising Coyote Dam", 2) the potential of a ditch bypass suggested by Park-Steiner, which is not favored by the majority of the IWPC because it may introduce endangered species into the agricultural realm of Potter Valley; 3) P.G.&E.'s relicensing of the Potter Valley project. He reported that the National League Fisheries Service has dropped out of a group which involved the State Dept. of Fish and Game, and now there is a delay in the issuance of an Environmental Impact Statement; 4) the National Marine Fisheries Service listing of the Cohoe and Steel head as threatened on the Russian and Eel Rivers; 5) the Aggregate Resource Management Plan; and 6) possible sale of the Potter Valley Project. He noted that the City is paying $2,000 per year to participate in this Joint Powers Authority, most September 1, 1999 Page 21 of 23 of which is sent to a law firm in San Francisco that is an expert in water law. Councilmember Ashiku had nothing to report. Mayor Mastin attend an Mendocino Solid Waste Management Authority (MSWMA) meeting and reported that MSWMA received a $76,000 grant from the California Integrated Waste Management Board. They were originally told that they did not receive the grant, part of which was allocated for the purchase of a new truck for the Haz Mobile Program. They went ahead and purchased the truck, only to be informed later that did receive the grant. The matter is still being investigated to see if the truck purchase can be included as part of the grant. He reported problems that MSWMA has had in the past to obtain insurance for solid waste. The insurance company will only issue one year at a time at a cost of approximately $10,000 per year. Their insurance carrier has informed them of a company whereby they can purchase three years of insurance at the cost of two years. This was an unbudgeted item and they took the funds out of reserves, thereby saving MSWMA approximately $10,000 over the course of two years. He attended an Mendocino Transit Authority (MTA) meeting and discussed a contract with Cai-Western Skunk Train to subsidizing commuter service on the Skunk Train line. The Skunk Train said that if MTA did not agree with the subsidy, they would have to eliminate the commuter fares for those traveling along the rail line. Subsequently, MTA put a hold on the contract, however, money was given to them in advance, due to their financial difficulties. The Skunk Train did not want to repay the money to MTA. It may take them several years to use all of the funds that MTA gave them because not many people live along the rail line. The Skunk Train did agree to retain the commuter fares. He discussed the Ukiah Transit Center and advised that MTA has had fruitful discussions and the contracts are now being reviewed by attorneys and both boards. He reported that it is estimated that the project will cost $2.2, including land acquisition. MTA currently has approximately half of this amount in the form of grants and other financing sources. He advised that KVVNE participated with a live remote at the Haz-Mat collection on August 28, 1999. He was interviewed by the radio station regarding florescent lights. 12. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley advised that Councilmember Baldwin has requested that the matter of raising the level of the dam be agendized for discussion at a Council meeting. Gary Akerstrom is scheduled for the next Council meeting to provide a presentation of the subject. The Chamber of Commerce has informed the City that they will have a car in the Pumkinfest Parade for Councilmembers, and needs to know who would attend. This is scheduled for October 30, 1999. All Councilmembers offered to participate in the celebration. September 1, 1999 Page 22 of 23 Councilmember Libby advised that she has not been making copies of EDFC meetings or MCOG meetings and inquired if Council would like to have copies, or if they are satisfied with just receiving her report. Consensus of Council was that it would be helpful to have a copy of the agendas of EDFC, MCOG, MTA, and MSWMA meetings. 10:25 p.m. - Adjourned to Closed Session. 13. CLOSED SESSION a. G.C. §54957.6 -Conference With Labor Negotiator Employee Unit: Police Negotiator: Candace Horsley No action taken. b. G.C. §54956.9(b)(1)- Conference With Legal Counsel Regarding Pending Litigation - Existing Litigation - 2 matters: Redwood Business Park v. City of Ukiah, Mendocino County Superior Court Case No. 77517 and Redwood Business Park v. City of Ukiah, Mendocino County Superior Court Case No. 77252 No action taken. 14. ADJOURNMENT There being no further business, the meeting was adjourned at 12:10 p.m. Marie Ulvila, City Clerk September 1, 1999 Page 23 of 23