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HomeMy WebLinkAboutMin 10-06-99MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, October 6, 1999 The Ukiah City Council met at a Regular Meeting on October 6, 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, Baldwin, Ashiku and Mayor Mastin. Councilmembers absent: Libby. Staff present: Director of Public Utilities Barnes, Community Services Director DeKnoblough, Assistant City Manager Flad, Personnel Officer Harris, City Manager Horsley, City Attorney Rapport, Community Services Supervisor Sangiacomo, Planning Director Sawyer, Senior Planner Stump, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Smith led the Pledge of Allegiance. 3a. PROCLAMATION: Week of October 11th - Safe TREE Week Mayor Mastin read the Proclamation designating the week of October 11, 1999 as Safe TREE Week. Nancy Rocca, representing Mendocino RELEAF and the Shade Brigade, and Jane Bendor, representing the.Sonoma County RELEAF program, accepted the proclamation. They explained that they will be planting trees in the parking lot next to the Library on South Main Street on October 16, 1999. Tree Chief was introduced and they discussed the role he plays during Safe Tree Week whereby they visit schools and provide education concerning the dangers of trees being located near power lines and other dangers. 3b. PRESENTATION: George Frasier, Northem Califomia Power Authority (NCPA) General Manager George Frasier, Northern California Power Agency (NCPA) General Manager presented Council with information concerning NCPA. NCPA has 10 interconnected pool members, including Ukiah. They operate the resources of those members, including Ukiah's resources to minimize costs and maximize benefits for all those members, and those costs are then shared back with each of the members. He discussed the resources of NCPA which consist of hydroelectric, geothermal, Western Area Power Administration, Purchases, and Sales. The total load on an annual basis of Ukiah is 106 gwh, which is 106 billion watt hours. About half of that comes from the geothermal power plants that Ukiah committed to being part owner of about 10 years ago. The next largest amount of supply comes from Western Area Power Administration, the federal government. Ukiah has a long term contract with them, which was recently renegotiated. About 10 years ago when the power plants were constructed by the NCPA members it was estimated that the cost of oil would be $100 a barrel and wholesale power costs would be over 10.0 cents/kwh. At that time the members, including Ukiah, committed to build October 6, 1999 Page 1 of 18 hydroelectric and geothermal power plants to beat those 10.0 cent prices. He discussed how the forecast did not hold true and that oil is now less than $20 a barrel, and the price on the wholesale market for power is around 3.0 or 4.0 cents. NCPA also secures on the City's behalf a lot of power from Western that is purchased for about 2.0 cents kwh. Market sales or purchases are around 2.5 cents. When you look at an overall cost of power to Ukiah from all these resources and the market, it's around 5.2 cents a kwh. In response to an inquiry by Mayor Mastin if the hydroelectric costs reflected on the slide includes Ukiah's hydro plant costs, Mr. Frasier advised that the costs reflect NCPA hydroelectric power that Ukiah owns part of as shown in an average water year. He discussed the annual budget of NCPA this year totaling $179.3 million. Ukiah's portion of that budget, which is a portion on the basis of its ownership of the power plants is approximately $5.2 million. Of the NCPA budget, 63% is represented by Debt Service which consists of municipal bonds that were issued approximately 10 years ago, and refinanced last year to build the power plants that you own. The California electric industry has been changing dramatically and transmission is one of the aspects that is changing the most. In the past, the power has been wheeled (a term for running the power through the P.G.&E. electric system to Ukiah from your power plants). That wheeling has been through an interconnection agreement with P.G.&E. This agreement ends in 2002 and P.G.&E. will be replaced in that by the California Independent System Operator (ISO). NCPA continues to negotiate with the ISO to work out a no extra cost operation of the transmission system for Ukiah and the other members in the future. In the future it is not quite so clear what the cost will be for wheeling the power into Ukiah, and into the other members, from the resources. One of the more successful aspects of the things that NCPA has done in the last year has to do with the federal government and extending the contracts for the Western Area Power Administration. The costs of that power is about 2 cents. It's Ukiah's lowest cost supply and for the other members as well. Those contracts have recently been extended for 20 years and NCPA continues to provide firming for hydroelectric projects. The term "firming" refers to developing an ineffective insurance contract with someone so that if we do have a dry year, we can still provide power to Ukiah. P.G.&E.'s contract to provide firming ends in 2004, so NCPA is currently working to replace that firming facility that P.G.&E. is providing. Tony Fisher, Financial Advisor to NCPA and employed with Paine Webber, advised that the Agency's debt restructuring program was completed in the early portion of this year. The guidance that was given by NCPA's members and staff was to improve the competitiveness of the projects by reducing, in a strategic manner, the debt burden on those projects. By doing so, it would help to improve the competitiveness of NCPA's project participants. Another portion of the objective was to retire debt in a fashion which helps reduce the "step-up" exposure of members. That was very important to the participants in the projects because the debt that was issued by NCPA to finance the projects is secured by contracts with the project participants. The contacts provide that if one or more project participants default, other non-defaulting project participants have a legal obligation to increase their shares in the project to take up to an additional 25% of October 6, 1999 Page 2 of 18 their shares. There was a concern on the part of participants that going into the competitive market, as much should be done as possible to reduce the debt burden, and the amount of debts so that their exposure was reduced as much as possible. In the course of restructuring the enormously complex refunding program which is now refunded virtually all of the economically refundable debt of all five of NCPA's projects, they were able to retire $220 million of the total Agency's debt, using funds on hand as well as contributions from project participants. On a present value basis, the refinancing saved over $1 million for the City of Ukiah. More importantly, the savings were structured to provide meaningful debt service reduction through 2005 and then much more significant reduction in debt service from 2005 through 2010. The desire was to take as much of the savings as possible prior to 2010 and in particular, to accentuate the savings from 2006 onward. The concern being that as the investor owned utilities, P.G.&E. reduces its rates in 2002 or earlier. The early savings will allow members to fund rate stabilization funds to prepare for competition. Then by 2004 or 2005, when competitive pressures are expected to be strongest, they would not only have been able to accumulate cash balances to offer rate reductions, but their cost structure imbedded in the project debt service would be further reduced to help them out even more. Mr. Frasier stated that just about every City Council in NCPA has dealt with the issue of having to keep rates at current levels in order to fund a rate stabilization fund in order to lower rates to be competitive at a later date. If you choose not plan for a rate stabilization, you will find yourself out in the 2006 time period, and perhaps even sooner than that, at having rates significantly higher for an extended period of time. ,All of the members of NCPA are doing some version of a rate stabilization fund, and trying to get that fund to accumulate enough so that as soon as possible the rates can be lowered to be absolutely competitive with the surrounding investor owned utilities, and in this case, P.G.&E. He stated that it really comes down to the question of when do you want to offer your customers rates that are at the market. Mr. Frasier advised by paying into a rate stabilization fund, Ukiah can build that fund over the next four or five years. It is during this time frame that Ukiah will have to collect that money and then be in a position to lower its rates to where it is competitive with the surrounding environment. He discussed NCPA's annual review of bond ratings and the concern of the financial markets. Councilmember Baldwin inquired as to the longevity expected for the geothermal plants, if we pay that debt off in 10 years, how much longer will they be operational after that debt is gone. In response to an inquiry from Councilmember Baldwin regarding the expected longevity of geothermal plants, Mr. Frasier advised when the plants were originally built they were expected to be indefinite in terms of the geothermal well. However, too many plants were built in the geothermal area, resulting in the plants capacity gradually reducing. Over the last couple years NCPA and Lake County have participated in a reinjection process where treated sewage is pumped to the plant site and actually injected into wells that were October 6, 1999 Page 3 of 18 previously production wells. He discussed the injection process as it pertained to the project in Clearlake. They are finding that the steam that is coming up now is quite a bit cleaner. He clarified that "clean up costs" consist of removing the sulphur and arsenic. He stated that the City is not alone in dealing with competition and the fact that P.G.&E. will be lowering rates very soon. That competition will be a very real factor that Ukiah will need to deal with, and other NCPA members are dealing with the same issue. Developing a plan to compete and putting together a rate stabilization fund so that in the near future Ukiah will be in a position to responsibly compete, having paid down its debts so that it can give the bond holders some assurance that Ukiah and the other members, together, will pay off those debts that were incurred approximately 10 years ago. NCPA expects at some point in the future most of the members will choose to allow customers to buy power from other than the City. The customer access issue hasn't been quite the volatile issue that we thought it would be a couple years ago. In response to an inquiry by Councilmember Ashiku regarding divestiture of hydroelectric power, Mr. Frasier advised that P.G.&E. has 5,000 megawatts of hydroelectric plants in the Sierra's. They were planning to devest the entire hydroelectric project to an unregulated subsidiary of P.G.&E. NCPA, and others, opposed that because of a great concern of the impact on the market for wholesale power if there is one utility owning 5,000 megawatts of hydroelectric they would, in fact, be able to withhold power at certain times in order to manipulate the market, which would in turn, hurt our members. P.G.&E. has now announced a plan to auction those same power plants off. NCPA's is still concerned with market power and have yet to be reassured that it's going to be done in such a way that the markets won't be hurt, and hurt NCPA members. Secondly, NCPA thinks it is very important that public interest be carefully considered before the entire auction process goes through. 4a. APPROVAL OF MINUTES: Regular Meeting of September 1, 1999 MIS SmithlAshiku approving the Minutes of the Regular Meeting of September 1, 1999 as presented; carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: None. 4b. APPROVAL OF MINUTES: Regular Meeting of September 1, 1999 MIS Baldwin/Smith approving the Minutes of the Regular Meeting of September 15, 1999 as presented; carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Libby. ABSTAIN' None. PUBLIC HEARING 8a. Receive Presentation and Conduct a Public Hearing on the Concept Plan for (~obbi Street Riverside Park Senior Planner Stump advised that the City hired the firm of RRM Design Group to assist staff in preparing a Concept Plan for the Gobbi Street Riverside Park site. This process has included interviews with a variety of groups, organizations, and agencies, as well as interested citizens. Staff has completed historical research, intensive field work to identify October 6, 1999 Page 4 of 18 constraints and opportunities, and have had an on-going dialogue with surrounding property owners. A public workshop to scrutinize those alternatives was also included. Staff also prepared technical studies that included a traffic study, Biological Reconnaissance and Hazardous Materials Phase I Study, of which a Concept Plan was developed for a park. He discussed the background associated with the Gobbi Street Riverside Park, as noted in the Staff Report. Issues which Staff encountered related to the project were identified as trespassing and vandalism on adjoining properties, traffic along East Gobbi Street and the possible disruption of the neighborhood in that area, impacts to habitat on the site and along the Russian River. Keith Gumee, consultant for the RRM Design Group, who worked on the project advised that his firm prepared three distinctly different alternative plans that were used in a public workshop to encourage public input. One alternative involved more ambitious recreational programming, another alternative was more passive, and another was more aggressive and included riverfront access and dredging a section of the river to come into the sight and connect with the pond in the center of the site. As a result of those workshops, extensive analysis was completed on biotics, traffic circulation, and subsurface contamination. They arrived at a recommended program which involves improving the park with modest active public recreational opportunities, primarily in the northern portion of the site; providing enhanced riverfront access along the riparian corridor along the Russian River; and providing for a passive use recreational area in the center of the site centered upon an expanded pond feature. Connecting these three areas would be a system of trails and paths which would also be an exercise route. In the extreme southern portions of the property, in view of the need to address issues of buffering against adjacent intensively used agriculture, staff has provided for an environmental/habitat restoration area that will serve as a buffer between agriculture and the more active use areas of the park. His firm, and Staff, feel the proposed Plan is a balanced approach and a reasonable compromise given the issues which arose during the public workshops. Mr. Stump noted that staff has continued with regular updates to over 50 people who have expressed interest in the project. Issues raised by the Parks, Recreation, and golf Commission consisted of traffic, one or more soccer fields should be added, an inland harbor idea was proposed, and the possibility of a Dog Park being incorporated into this project. There was also an overall concern for long term funding for the development, maintenance, and security of the park. It is a Iow maintenance park, is heavy on the protection of agricultural operations, and there is an emphasis on managing the traffic as it would come into the park since there will be an increase in traffic. Upon questioning by Councilmember Baldwin as to why the Planning Department was the lead agency on the project rather than the Community Services Department, Mr. Stump advised that the Community Services Department played an intimate role in the project, but the Planning Department became the lead department due to the implementation of the General Plan. Staff had already developed a relationship with the Coastal Conservancy, and wanted to maintain that continuity. October 6, 1999 Page 5 of 18 7:25 p.m. - Public Hearing Opened. Marsha DePriest, Oak Manor resident, voiced her opposition to the proposed Park. She noted her concerns-with increased traffic on East Gobbi Street, the possibility of contamination on the site, the need for a caretaker on sight, as well as flooding and drainage issues. Ms. Steward, advocate for a Ukiah Dog Park, encouraged the City to provide for an off leash recreational area in the Gobbi Street Riverside Park for a Dog Park. Mary Lindley discussed the Concept Plan and expressed her concern that the Coastal Conservancy grant would restrict access to the park by children. She expressed concern with the City liability should someone be injured in the Park or accessing the river. Concern was also given for caretaker security and she felt the City cannot afford to maintain the Park. Tom MonPierre complimented Council for taking the lead in the design and planning of the Park. He was supportive of a Dog Park as part of the Concept Plan. David Riemenschneider, Ukiah, advised that as a member of the Board of Directors of Ukiah Valley Youth Soccer League, he is very supportive of the Park and recommended Council approve a minimum of at least one soccer field in the proposed Park. Mike McCann, 2040 Woodlake, approved of river access and encouraged the City to go forward with the project. Mr. Schultz, resident of Sacramento but owner of property on Gobbi Street, advised that his property would be affected by the proposed project. He expressed concern with pedestrian and bike paths planned for the south side of Gobbi Street and that the bike path would infringe upon his property. He also expressed concern with protecting the walnut trees on his property since they are in close proximity to the street. Concern was also expressed for privacy and security along the street as it relates to two rental cabins that he owns. He also leases land for a vineyard and expressed security concerns for his property. He was unsure if the City plans to purchase portions of his properties for Park use. City Manager Horsley clarified that a portion of Mr. Schultz's concerns are related to a County project nearby, and are not affected by the Gobbi Street Riverside Park plan. Dave Sagehorn, Ukiah, advocated having a Park in the City with river frontage. He discussed allowing people to enjoy the river in a safe environment and the importance of having a resident on site in case of an emergency and to act as a guide. Vicky Caraway expressed her dissatisfaction with the Concept plan and felt there is no need to have a Park in the East Gobbi Street area. She also expressed her opposition to river access and increased traffic to the area. October 6, 1999 Page 6 of 18 Steven Johnson, owner of Johnson Orchards, located south and west of the proposed Park, advised that he is happy with the comprehensive plan and with the passive approach to the park activities. He expressed concerns with allocating funds to maintain the Park in future years, maintaining security of the Park, providing a resident caretaker for the Park, the possibility of erosion of river banks due to flooding, deterioration of paths due to excessive use by the public, and maintaining access to the river while protecting riparian habitat. 8:12 p.m. - Public Hearing Closed. 8:12 p.m. - Recessed. 8:24 p.m. - Reconvened. Discussion followed concerning the estimated cost of an Environmental Impact Report (EIR) for the project and Mr. Stump advised that it would be impossible to estimate the cost of such a document. However, if Council felt a need, a smaller EIR could be completed, based on the conclusions regarding issues identified in the Negative Declaration. He further advised that $80,000 in grant money received from the Coastal Conservancy is earmarked for specific purposes. He emphasized that staff is still recommending the adoption of a Negative Declaration for the project. Upon an inquiry by Councilmember Baldwin concerning the issue of view sheds and of the existing blackberries, Mr. Gurnee explained that there is a lot of vegetation and small clearings within the site, and that area would be enhanced with some small picnic areas and river overlooks. By working with the native vegetation in that area and the clearings, it should be a very attractive aesthetic element. This will include trimming some trees to allow for enhanced views of the river. The pond in the center of the site would become a very attractive feature with an Oak and Redwood tree forest, native plants garden, and a system of paths going around it. The backdrop to the south of that portion of the park would be an ecological preserve area which would include a lot of native vegetation. He noted that the blackberries would be used in adjacent fences and be included along with other vegetation as part of the restoration plan. Further discussion followed concerning the possibility of providing improvements along the river corridor in order to make the river more visible to users, with emphasis on the aesthetics of the corridor. Upon an inquiry by Mayor Mastin with regard to liability issues regarding the Park, City Attomey Rapport advised that, in general, a City's liability would arise from the statutes which make a public entity, like the City, liable for maintaining a dangerous condition of public property, if there was a dangerous condition. There are a number of elements in those statutes that provide the City with potential immunities if they properly review and approve the design that is used. There are other statutes which typically provide partial immunities for cities that make recreational lands available for public use. If Council wants a more precise explanation of what the potential liabilities would be, he would be happy to prepare it. City Manager Horsley advised that staff is in contact with Santa Rosa and Healdsburg, October 6, 1999 Page 7 of 18 who both have riverside access. Staff has been talking with them, as well as REMIF, and more information will be presented to Council before any decisions are made on the project. So far, it looks very positive and staff will provide this information along with the City Attorney's report at a future date. Discussion followed conceming issues raised concerning the paving of East Gobbi Street, the width of the lanes, and the public right-of-way as it relates to installing a narrow bike path. It was noted that the intent was to avoid trees and utility poles along the corridor. Mr. Gumee discussed the matter of a Dog Park and noted there is ample room to include it at the site. He recommended it be located on the edge of the environmental restoration area to the south of the Park. City Manager Horsley noted that various alternatives are available for a Dog Park and the City has been in contact with other cities who have such parks and will be obtaining further information on their design. Mr. Stump discussed the concept of "bulb-outs" as it relates to slowing traffic. In response to an inquiry from Councilmember Smith concerning a cost estimate for the project, Mr. Stump explained that the Coastal Conservancy has $80,000 for grant funding. The funding would go towards the cost of fencing and buffering of agricultural lands, habitat restoration, erosion control along the river, and public access. Other costs are undetermined at this time. The City does not have the money to construct the Park at this time and it will be a very long process, completed in phases, whereby the City can be assured that improvements made now will be maintained as well as a provision for proper security. In response to an inquiry from Councilmember Baldwin concerning the provision for 158 parking spaces, Mr. Gumee advised that there are some new active uses that have been added to the Park proposal, such as the soccer field and an additional t-ball field with the reconfiguration of the baseball diamonds. Staff has made an attempt to try to define areas where parking will be provided and 158 spaces would be the ultimate amount, should all of the facilities be used. As a result of the public's input, StafFs proposal is a compromise to all parties involved in the planning of the project. Generally speaking, the way in which staff has conceived the buffer zone, the general public would not be allowed entrance. However, there would be environmental educational programs available with the schools. The area would be an educational resource that could be accessed with permission. He discussed the width of buffer zones and the importance of providing restoration purposes. In response to a comment made by Mayor Mastin regarding Mr. Johnson's concern that the river is not passive and rises at various times during the year, Mr. Gurnee advised that the entire property is located in the flood zone. The new structures that are proposed would be elevated to keep them somewhat out of harms way. For the most part, parks are good uses of floodways and most of the facilities that are there will be able to withstand inundation in a flood. In response to an inquiry by Councilmember Smith with regard to staffing of a caretaker October 6, 1999 Page 8 of 18 on sight, Mr. Stump advised that ideas have been discussed, however, nothing definite has been established. Staff would contact other cities regarding information on the matter. Mr. Gurnee noted some of the comments made during the Public Hearing process, and reminded Council of the specific policies in the General Plan regarding what should be done with this Park. Security was one of the major concerns addressed in the planning effort. By contacting other communities, the City will be able to find a plan that works for Ukiah. In response to an inquiry by Councilmember Baldwin concerning the pond area formerly being used as a dumping ground for the Public Works Department, Mr. Stump explained that the Public Works Department has been depositing leaves at the pond location and other vegetative debris. There are some cement blocks at the location, and they would be removed so as not to create a hazard. In response to an inquiry by Mayor Mastin regarding testing of heavy metals in the area, Mr. Stump advised that testing has not occurred, but would be part of the next step, should the Concept Plan be approved. The study does suggest taking a few core samplings, although it is speculated that the area is completely safe. Mr. Gurnee addressed a statement made during the Public Hearing with regard to a Tot Lot being located in an area where there is contamination. Apparently the area where there is potential lead contamination is from the shooting range located in the southern portion of the site, which is a distance from the site of the Tot Lot. Councilmember Ashiku was of the opinion that the size of the restoration-area should not be decreased. He is concemed about the prospect of removing vegetation to increase the view shed of the river, concern with the riparian corridor, and the impact of erosion on the river. Staff should be very careful in approaching these matters. He was supportive of a Dog Park and recommended providing buffer zones for agricultural interest in order to avoid conflicts. Mr. Stump advised that the Native Plant Society, represented by Mr. Chuck Williams, has been involved in the plan. Mr. Williams has advised staff that the Native Plan Society is very excited about removing some of the exotic plants and not damaging the native riparian vegetation. Depending upon the removal of the exotics, if a significant number of plants are used to protect the soil, replanting of native riparian vegetation would be needed. There is a need for revegetation in many of the areas. Mayor Mastin liked the Concept Plan, however, he expressed a concern with traffic and for people walking and biking to and from the Park. He was supportive of river access and felt the Park is something that we can add to the attractiveness of our City. Councilmember Smith supported a Dog Park and felt that the City should work with the native Plant Society. Councilmember Baldwin encouraged people to visit the site and noted that the Park is October 6, 1999 Page 9 of 18 very noisy due to freeway traffic. He posed the option of trading some of this land for property at the Perkins Street triangle and thereby leave 10 acres at the Gobbi Street site for active recreation. He would also like Council to set aside money for Council to visit Ashland, Oregon, the cities of Redding, Chico, Shasta City, and Fortuna in order to find out what other communities have done to construct beautiful river parks. He preferred not to do the project piecemeal. Mayor Mastin expressed concern with traffic and would like to see further plans for Gobbi Street as it relates to the project. He suggested that staff may consider the installation of a primitive pathway along the river because it most likely will be washed away each year. Although he expressed a concern for funding the project, he recommended that the project continue to move forward. He was supportive of a phased program for improvements to the Park. Councilmember Baldwin was of the opinion that the project will be expensive and that funding needs to be secured to maintain the Park properly in future years. He recommended the passive recreation area include a Dog Park, and recommended including another soccer field. Mr. Stump advised that staff needs to make sure that the leases that are signed with the BMX track and the Little League stipulate maintenance of the lands. Discussion followed concerning leases and maintenance of the parks, Little League field, and the BMX property. He discussed possible grants available for pedestrian and bicycle access along Gobbi Street, as well as traffic calming improvements. In summary, Council was supportive of a Dog Park on the site, preferably in the southern portion of the site. Consensus of Council was to reduce the ecological restoration in the souther portion and making it a passive area, assessable to the public. Council approved of the idea that maybe in the Plan it can talk about opening a visual corridor to the river, but without damaging the riparian corridor. Overall, if possible, Council wanted the Park to be more beautiful. There was also consensus about the detail with which they are addressing speeding and traffic along East Gobbi Street. There was also some consensus about constructing a primitive path along the river that would connect the access points but not be disruptive to the riparian corridor. Council also reached consensus regarding the addition of a Dog Park in the southern portion of the site. City Manager Horsley advised that there are also grants available for open space and staff will be seeking further information in that area. 5. RIGHT TO APPEAL DECISION Mayor Mastin reviewed the appeal process. 6. CONSENT CALENDAR MIS-SmithlAshiku approving Items a through d of the Consent Calendar as follows: a. Approved Amendment to 1999-2000 Fiscal Year Budget for Construction of Fire Training Tower; b. Adopted Ordinance No. 1022 Amending City of Ukiah's PERS Contract to Remove the October 6, 1999 Page 10 of 18 Exclusion of 'All Hourly Rated or Hourly Basis Employees', Prospective Only; c. Approved Contract with Creative Landscaping for Landscape Services on Seminary Avenue; d. Approved Budget Amendment to Authorize Expenditures in Fund 140, Park Development Fund. The Motion carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Tim Rickle advised that the outside lights were not on so as to focus on the flag at night in front of City Hall. City Manager Horsley advised that staff will look into the matter. NEW BU~INE~ 9a. Consideration and Adoption of Resolution Approving Understanding for Employee Bargaining Unit - Police Unit MIS Ashiku/Smith approving Resolution No. 99-16, Adopting Understanding Between the City of Ukiah and the Ukiah Police Unit. Memorandum of Memorandum of Councilmember Baldwin was of the opinion that the City cannot afford the pay raise at the current time and that the City chose the wrong comparison counties. Staff should be comparing with counties to our north and to our east. He did not know how the City is going to pay for this, except by allowing our planning process to be driven by the need for more revenue. He did not support the MOU at the current time. Councilmember Ashiku stated that our officers work hard and he was of the opinion that the City has made it a priority to put public safety as one of its primary goals and objectives. It's important that the Police Department receive this raise and felt the City will find a way to support this additional cost to the budget. Mayor Mastin advised that he has been asked by Councilmember Libby to read her letter into the record during open session regarding the Police Unit Resolution. "1 respectfully request you read the contents of this letter in open session at the time hearings begin on the issue of the resolution concerning the Ukiah Police Department. Please offer a copy to my fellow council members and to the media in the event clarifications of my comments is needed. Thank you very much Mr. Mayor. As my colleagues are aware, I have been present at all council's closed session meetings regarding this resolution. I have made it known my desire to be present and to vote on this issue. Unfortunately, the negotiations carried to the date I was scheduled to be away. I have checked with City legal Council David Rapport, and been advised there are not any provisions for an absentee vote. I have strong feelings on this issue and an investment of time into the process. I would like to take this opportunity, with you help Mr. Mayor, to express my position. October 6, 1999 Page 11 of 18 The pay increase requested is sizable when compared to requests we usually see. I cannot ignore the disparity between what wee pay our police officers and what they can receive going to work in other areas. It appears police pay in past years has been put on the back burner, thus creating their desire to get a little closer to what peers are making and what is fair compensation for the job. During the past few months I have done "RIDE ALONGS' with police department personnel as they carry out their jobs. My personal conclusions are we have an investment in a group of police officers that we should not take lightly. I believe the public wants trained and experienced officers. I believe the public also wants officers to be members of the community. Many officers are raising families in this community and consider this community their home. We have already lost officers to outside areas because they required greater compensation to support their families. I'ALSO believe it is important officers and the community bond together. That is not possible if we have a revolving door because compensation is below standards. In my opinion, police work is not for everyone. It requires training, experience, and I feel it is very important to have the right temperament. During my "RIDEALONGS", an officer was called a "PIG" by young children. The officer is trained to maintain professional and mature conduct, above standards we would expect of those whom are not officers, or not qualified to be officers. There was an arrent for violation of a restraining order during a domestic situation. It was reported the individual was known to sometimes carry a gun. The arrest was made without Physical harm to any party. It is experience and professionalism that makes this possible. During my most recent "RIDEALONG' a hate crime was reported, and a suspect was later apprehended. We are not isolated in Ukiah from serious crime. A daily log of police activity was recently reported in the local newspaper. These activities often have the appearance of being minor in nature. Many times they ARE minor in nature, compared to serious crime. Many times they are minor because of the presence of a professional officer. It is often the mindset to call the police, rather than to personally settle disagreements. This is our system and can be the difference between violence and a minor incident. And just around the corner, an officer never knows when he may be faced with a life- threatening situation. I support a well-trained, experienced police force. I like the idea of officers who are good neighbors and active members of the community. High turnover and retraining IS AN EXPENSE and does not serve the community. I would also like to add we are not the quiet city of 15000, as we once were. The tight boundaries of our city limits can be deceiving. Numbers much larger than 15000 enter the city daily. Many that come off the freeway are complete strangers to the countyl While I do not see Ukiah as dangerous in the extreme sense of the word, we have a need for experience and stability in our police force in the event emergencies arises. This security for our citizens will require our police department receive compensation in line with their professional roles. In return, we as a city will continue to ask the best from our police officers. As a city we cannot afford to be the BEST-PAID police department. And I don't believe that should ever be our goal. I do believe it is in the citizen's best interest we do better than we have been doing. WE can adjust spending priorities in order to accommodate October 6, 1999 Page 12 of 18 what I believe is an acceptable contract under the circumstances. Respectfully Yours, Kathy Libby, Ukiah City Council Member" Councilmember Baldwin was of the opinion that the City will never be able to compete with the salaries of Napa, Sonoma, and Marin Counties due to the cost of living being higher in those areas. The housing prices in those areas are significantly higher than Ukiah and that has something to do with why salaries are greater. He felt a comparison should be made with Lake, Trinity, Humboldt, Shasta, Colusa, and Del Norte Counties, including the CPI for this area, with other private businesses, and with other public employees in the area. He also perceived that this decision could cause some problems with other employee units within the City. He questioned whether the City can afford a 23% pay increase over the next four years. Mayor Mastin agreed with Councilmember Baldwin that it is difficult for the City to afford this raise and to compete with other cities. It was easier to compare the City of Ukiah with Lake, Humboldt, and Trinity Counties and still expect that we would be able to be competitive in the field of public safety. That includes the Police and Fire Units, since they are both highly trained, and we have had a problem over the past few years in both units with keeping well trained professionals. He was unsure if it benefits either department, the City, or its citizens to have continual turn over in these departments and to potentially always having to hire officers with little or no training, or right out of the academy. This puts a strain on the other officers in the department when it comes time for back up or emergency decisions that need to be made. He did not know how the City will be able to sustain the raise over the next couple years with other units. Councilmember Baldwin inquired if the Police Unit is aware that one of the possible ways to pay for this raise is to reduce positions that we currently have in the Police Department. Councilmember Smith advised that in the agency which he works, he experiences much the same problem in that they loose staff to the cities located to the south of Ukiah. They never go to Humboldt or Lake Counties, but rather south because there is better pay there. He supports the increase. Councilmember Ashiku stated for the record that these are the same officers, some of which worked along with the rest of the City employees when the City fell upon hard times, and they did not receive increases in pay. This is kind of giving back to them what they have been entitled to. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Ashiku, and Mayor Mastin. NOES: Councilmember Baldwin. ABSENT: Councilmember Libby. ABSTAIN: None. NEW BUSINESS 9b. Consideration of Appointment to Vacancy on the TraffiC Engineering Committee City Clerk Ulvila advised that a Notice of a Vacancy on the Traffic Engineering Committee was noticed to the media in the Ukiah area, with the deadline of September 20, 1999 to October 6, 1999 Page 13 of 18 receive, applications. Only one application was received prior to the deadline, as submitted by Benjamin Kageyama. The vacancy occurred due to the resignation of Donna Roberts, who served as the City resident representative on the Committee. Staff is recommending Council adopt a Resolution appointing Benjamin Kageyama to the Traffic Engineering Committee. MIS AshikulBaldwin appointing Benjamin Kageyama to the Traffic Engineering Committee; carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: None. City Manager Horsley advised that a Traffic Engineering Committee meeting is scheduled for next week and staff will provide Mr. Kageyama with information relative to the meeting. NEW BUSINESS 9c. Review of Proposed League of California Cities' Resolutions City Manager Horsley reported meeting with staff and discussed the proposed resolutions. On Resolution No. 2, staff felt very strongly that tobacco money should be distributed among cities as well as counties. Staff discussed allocating the funds towards broadening community and youth services. Councilmember Smith reported that the Mendocino County Health Council has taken the position that money derived from the passage of the tobacco settlement be spent on health care needs and gaps in services for older adults and individuals with disabilities. He preferred that the money be allocated towards elderly and disabled individuals health care services. The Mendocino County health Council is supportive of the resolutions. City Manager Horsley discussed Resolution No. 10, Local Control Over Group Homes with Six or Fewer Clients, and it was noted by Planning Department staff that there currently are no control over small group homes within the City Limits. There was discussion by Council that group homes must go through a state licensing process. It was also noted that many homes with fewer than five clients are licensed by Community Care. Council questioned whether the proposed Resolution exempts group homes from licensing standards. City Manager Horsley noted that Resolution No. 15, Pro-Active Ordinance Procedures, does not pertain to the City of Ukiah. It was the consensus of staff that Resolution No. 16, Support for Police, Fire and Local Government Service Funding Initiative, is a laudable goal. Discussion followed concerning the amount equal to 50% of the total sales and use tax revenue collected by the State of California during each fiscal year being deposited in the Police, Fire and Local Government Service Fund. Councilmember Ashiku opposed Resolutions No. 8 and 9 concerning fluoride in water supplies. Councilmember Baldwin had questions concerning Resolution No. 16 with regard to how October 6, 1999 Page 14 of 18 it will work and who will decide how much tax money will be under the control of the City Council and how much will go directly to the Police and Fire Departments. Mayor Mastin questioned the logic concerning Resolution No. 6, Forest Products Labeling. Consensus of Council regarding the Resolutions was: Yes: Resolutions 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, and 15. No: Resolution No. 9. More information needed: Resolutions 10 and 16. 9. NEW BUSINESS 9d. Introduction of Ordinance Amending the Ukiah Municipal Code Sectiorl 7160, Authorizing Parking Restrictions on City Streets City Attorney Rapport advised the proposed Ordinance is an outgrowth of meetings among City staff who are concerned with enforcing the Parking Ordinance. He reported that system for enforcing parking violations is an internal City process. If a person disagrees with a citation, they can go through an administrative hearing process and eventually obtain a decision from the City concerning the violation. He discussed the confusion among City officials concerning enforcement of parking restrictions. He reviewed the City Resolutions that address parking restrictions, as noted in the Staff Report. The proposed amendment to Section 7160 of the City Code is intended to clarify how the parking restriction applies. It provides a default rule that will apply, unless the resolution establishing the parking restriction establishes a different rule. He reported that the consensus among City staff, which is reflected in the proposed revision to the Ordinance, is if there is a parking restriction it would apply on the side of the street where the sign, or marking, giving notice of that restriction is set within that block of that street. He discussed the proposed amendment further, with various parking scenarios. City Manager Horsley explained that 10 years ago there was a real emphasis on the problem with employees parking on School Street and taking up customer spaces. The rules applied at that time focused on limiting employees from parking at those locations for great lengths of time. Staff has negotiated parking permits for County and Court House employees, the jury duty parking has been resolved. Staff is now focusing on customers parking in the downtown area. The proposed Ordinance will make customer parking in the downtown area more flexible. The Ordinance will clarifying how the City wants to enforce parking violations. Councilmember Smith related a parking incident that occurred with him and his wife in the downtown area recently. City Attorney Rapport noted that staff is not attempting to change the substance of the Ordinance, but merely explaining how the Ordinance is applied. He discussed methods of detecting parking violations. He discussed his interpretation of the current Ordinance, compare it to the Resolution which establishes the restrictions which lists the streets, the Ordinance implies that the restriction applies on the street or a portion of the street that October 6, 1999 Page 15 of 18 is designated in the Resolution. Jimmy Rickel, owner of Human Services, 111 West Perkins Street, discussed his observations concerning parking with the Council. He discussed his parking habits in the downtown area and was of the opinion that the proposed Ordinance does not go far enough in relaxing parking rules, not only for the local business community but for the needed visitors to the downtown business district. City Manager Homley explained that the Downtown Merchants had previously requested 90 minute parking in the downtown area. However, should they feel the need to change that time limit, they need to present a proposal to staff for consideration. Council-discussed the proposed Ordinance and the hearing process with the City Attorney. MIS Ashiku/Baldwin to introduce by title only Ordinance of the City Council of the City of Ukiah amending Section 7160 of the Ukiah City Code which authorizes parking restrictions on City streets, carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: None. City Clerk Ulvila read the Ordinance by title only. MIS AshikulBaldwin to introduce Ordinance of the City Council of the City of Ukiah amending Section 7160 of the Ukiah City Code which authorizes parking restrictions on City streets, carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: None. NEW BUSINESS 9e. Approval of Contract with Nickolaus and Haeg for Labor Relations City Manager Horsley advised that this matter is scheduled for discussion during Closed Session. 10. CITY COUNCIL REPORTS Councilmember Smith reported attending a meeting of the Mendocino County Health Planning Council today in which he voiced his concerns for elderly and disabled citizens. On September 27 he attended an MCOG meeting as Councilmember Libby's alternate. There was discussion concerning various TEA grant applications and some attempt to clarify various issues relative to the grant packages. The Technical AdVisory Committee (TAC) had made a recommendation to MCOG for a specific plan for funding. The staff at MCOG is opposed to this recommendation on the basis that TAC used criteria other than on the technical rating sheet. It will come to a vote at their November meeting. He reported that he met with Councilmember Libby, City Manger Horsley, and Assistant City Manager Flad regarding these issues. Councilmember Baldwin had nothing to report. October 6, 1999 Page 16 of 18 Councilmember Ashiku reported that he attended an NCPA meeting in Tahoe recently and found it very informative. He will make a complete report at the next meeting when alI.Councilmembers are present. He reported that West Coast Wings has secured 100% financing for their project at the Airport through the combination of an EDFC loan and financing with Savings Bank. They will continue to move forward with their project which is expected to be completed by the early part of next year. Mayor Mastin reported that he attended an MSWMA meeting in Willits. Questions regarding the transfer station and MSWMA's concern that the transfer station be in operation by November or December 2000 were addressed. MSVVMA had some questions regarding the status of the project which he attempted to answer. MSWMA approved the Haz-Mobile schedule for the year 2000 which will include the addition of locations in Potter Valley and Hopland. On September 30, MTA met in Fort Bragg. One item of discussion concerned closing down the Fort Bragg Dial-A-Ride in the evenings because of Iow ridership. Due to public comments, MTA has deferred the matter until next month. Other items discussed by MT^ were the Ukiah Transit Center and TEA grant applications, of which MTA has applied. They also discussed purchase and sales agreements and will meet tomorrow with NCRA conceming these agreements. They anticipate having these documents signed by the end of the month. He discussed Woodland School, which is located at the site of the former Mariposa School, and their request that MTA provide bus service to their school. MTA unanimously denied their request due to the fact that the school is located 1.7 miles on a dirt road and MTA's internal policy is to not run buses on dirt roads due to wear and tear on the vehicles. However, a solution to Woodland School's request may be solved by working with the'School District and submitting a RFP for contracting for a driver for a school bus. 11. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley advised that Grace Hudson Museum was awarded a $50,000 grant. She explained informational material that she distributed to Council. City Clerk Ulvila reported attending a meeting on September 24, 1999, of the Northern California Division of the City Clerk's Association in San Ramon. She has been meeting with each of the City's Departments concerning Records Retention and noted that the current Records Retention Schedule was adopted in 1980. She will be presenting a revised Records Retention Schedule to Council before the end of the year. 10:32 p.m. - Adjourned to Closed Session. 12. CLOSED SESSION a. G.C. §54957.6- Conference With Labor Negotiator Employee Unit: Fire Unit Negotiator: Candace Horsley No Action Taken. October 6, 1999 Page 17 of 18 b. G.C. §54957.6 -Conference With Labor Necjotiator Employee Unit: Police Unit Negotiator: Candace Horsley No ActiOn Taken. c. G.C. §54956.9(b)(1)- Conference With Legal Counsel Reoardinn Pendin;I Litigation - Existing Litigation - 1 matter; Redwood Business Park v. City of Ukiah, Mendocino County Superior Court Case No. 77252 No Action Taken. 11:10 p.m. - Reconvened. NEW BUSINESS 9e. Approval of Contract with Nickolaus and Haeg for Labor Relation~ MIS Smith/Ashiku approving contract to retain negotiators of Nickolaus and Haeg for Fire Unit labor negotiations; carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: None. 13. ADJOURNMENT TTz~./..~_~being no further business, the meeting was adjourned at 11'10 p.m. Marie Ulvila, City Clerk October 6, 1999 Page 18 of 18