HomeMy WebLinkAboutMin 11-17-99MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, November 17, 1999
The Ukiah City Council met at a Regular Meeting on November 17, 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, Ashiku, and Mayor Mastin. Staff
present: Public Utilities Director Barnes, Interim Public Works Director Beard, Finance
Director Elton, Assistant City Manager Flad, Risk Manager/Budget Officer Harris, City
Attorney Rapport, Deputy Public Works Director Seanor, Senior Planner Stump, and City
Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Councilmember Ashiku led the Pledge of Allegiance.
APPROVAL OF MINUTES:
3a. Regular Meeting of November 3, 1999
Councilmember Libby noted a correction to the minutes on page 9, fourth paragraph, to
change the tenth sentence to read: "She is confident that the City will receive its funding,
however, the down side is that MCOG will go into the second cycle (2000-2001) in order
to fund all the projects that were recommended by TAC including the $1.4 million that the
County has requested."
She also noted a correction on page 10, first paragraph, to change the second sentence
to read: "MCOG will be trying to obtain those funds from other counties for the Ukiah
project."
MIS Ashiku/Libby approving the Minutes of the Regular Meeting of November 3, 1999 as
corrected; carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
4. RIGHT TO APPEAL DECISION
Mayor Mastin read the appeal process.
5. CON~;ENT CALENDAR
MIS BaldwinlAshiku approving Items a through e of the Consent Calendar as follows:
a. Approved Disbursements for the Month of October 1999;
b. Received Notification to Council of Required Maintenance of Transformers Performed
by S. D. Meyers in the Amount of $6,142;
c. Rejected Claim for Damages Received From Pacific Bell and Referred to the Joint
Powers Authority, Redwood Empire Municipal Insurance Fund;
d. Awarded Acquisition of 3-Axle Diesel Truck for Public Works Department to Eastbay
Ford Truck Sales in the Amount of $54,524.83;
e. Joined Amicus Brief in Zelig V. County of Los Angeles.
Councilmember Libby noted on item "b", the Staff Report indicates there are no local
November 17, 1999
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contractors who can perform this work. She questioned why more outside contractors did
not bid on the project.
City Manager Horsley advised that she discussed the matter with Public Utilities Director
Barnes and noted the Staff Report should have indicated it was a "sole source" for that
type of activity. S.D. Meyers is the only contractor that meets all the requirements of the
Electric Utility Department.
Public Utilities Director Barnes explained the process of removing old transformer oils,
noting it is a specialized service that S.D. Meyers has performed for the City since 1978.
He advised that they are the only firm on the west coast that can perform this type of
service.
The Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS_
Richard Macintosh inquired about a homeless shelter in the Grange Building.
Mayor Mastin advised that the matter is scheduled later on the Agenda.
Jeff Hunter inquired if there is a service available for "labor ready" in the City which would
pay workers on a daily basis, and therefore enable them to afford their own food and
lodging.
City Manager Horsley reported that, although the City does not have such a program in
place, the City of Brea has a similar program called "Day Workers". ,She will obtain further
information to provide Council.
NEW BUSINESS
8a. Discussion Regarding Homeless Shelter
City Manager Horsley advised there are two issues concerning the matter of a Homeless
Shelter in Ukiah. First, The Ford Street Project and the Mendocino County Department
of Social Services were pursing a permanent/seasonal facility at the beginning of this fall
season. They approached the City with a Use Permit for leasing the Grange building on
South State Street. Staff is processing the Use Permit, as well as revising the City's
ordinance to allow for temporary, seasonal shelters. Another issue involves the need for
a temporary shelter for this winter season. She explained that the current owners of the
Grange building are not willing to lease the building, preferring that it be sold. Dr. Gardner
is a potential buyer of the building, however, there has been no agreement or sale of the
building. Due to the time frames included in the sale and escrow proceedings, it is very
unlikely that, even if there was an agreement tomorrow, there would be an agreement and
the ability to have the Grange available for a temporary shelter, due to the fact that it has
to be sold.
She reported that the Mendocino County Board of Supervisors discussed this matter
yesterday. Also, the Realtor advised the City yesterday that the Grange building would
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not be available for lease and the owners of the building had not accepted an agreement
at this time.
It was her opinion that the City's focus should be on a temporary shelter, in a location other
than the Grange building. On November 15, 1999, she met with several staff members
and compiled a list of several sites where facilities may be available. Staff is now working
with Allison Glassey of the Department of Social Services and with Mark Rohloff of The
Ford Street Project, to contact these various locations to see if there is a possibility to use
a facility as a temporary location. Staff will continue to work with the County and The Ford
Street Project to locate a site. Staff is seeking direction from Council as to whether staff
should continue to pursue this direction, and if Council is interested in a crisis shelter
resolution which would allow almost immediate access to a shelter. The motion passed
by the Mendocino County Board of Supervisors at their meeting yesterday was provided
to Council, which states that they "declare, due to the threat of health and safety of
homeless individuals during severe weather conditions, the need to adopt a joint Shelter
Crisis Resolution with the City of Ukiah." She continued to read and explain their motion
to Council. The City will continue to work with The Ford Street Project on acquiring the
Grange as a long-term solution to the shelter issue. This is not just a City-wide situation,
but rather a County-wide situation. The County is aware of this fact and will continue to
work together to resolve the problem.
Senior Planner Stump advised that even though the momentum is shifting away from the
Grange building, the City currently has an active Use Permit application to establish a
seasonal homeless facility at the Grange location, which staff is currently processing. Staff
is also processing an amendment to the Ukiah Municipal Code which defines a temporary
facility and allows its use with a Use Permit. It is staff's intent to present the Code
Amendments to the Planning Commission on December 8, 1999. Staff has prepared the
appropriate environmental documents which have been available for public review.
Should the Grange be a viable location, staff hopes to present the Use Permit application
to the Planning Commission and the Code Amendments brought before Council,
subsequent to December 8, 1999. The Use Permit and Code Amendment processes will
proceed in tandem with the more immediate temporary shelter issue.
City Attomey Rapport discussed the City's options and the timing associated with each
option. One option available would involve a resolution, which is authorized by state law,
and allows a local government to declare a homeless shelter crisis. Once the City adopts
the resolution declaring the crisis, then any state or local housing, or public safety rules
that in any way would impede the immediate availability of that shelter, are suspended
during the term of the crisis. There is no prescribed procedure for adopting such a
resolution, it does not require a specific public notice, and the Council need not conduct
a public hearing on the matter. The only procedural hurdle that may exist would be the
California Environmental Quality Act (CEQA), if it applies, although there is no specific
statutory exemption in CEQA for a homeless shelter crisis resolution. However, CEQA
does exempt actions taken by a public agency to mitigate an emergency from compliance
with CEQA. Emergency is defined in CEQA as "a sudden and unexpected event which
causes an immediate threat to public imminent harm." He discussed the statutes related
to CEQA and a homeless shelter crisis and felt it would be reasonable to assume that
either CEQA does not apply or that it would qualify as an emergency which would exempt
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it from complying with normal CEQA procedures. Therefore, the City Council can adopt
a resolution at any time. Under the existing City Code, The Ford Street Project's proposed
homeless shelter at the Grange building would not meet some of the standards prescribed
by the City Code. He discussed the required standards for a projected 75 resident shelter.
A second option would be to amend the City Code on an urgency basis, as explained in
his Staff Report. The City could amend the City Code and process the Use Permit
application simultaneously to reduce the amount of time. This is the path which the
Planning Department is currently taking. Following this process, the amended City Code
and Use Permit could be presented to Council in early January 2000.
He explained that the third option would involve the County leasing a building in the City
limits for a homeless shelter, whereby the County would not have to comply with the City's
homeless shelter ordinance. The City's zoning and building codes won't apply to the
County when they engage in an activity in the City on property that it either owns or leases.
The only limitation for the County to accomplish this would be to comply with CEQA
requirements.
Upon an inquiry by Mayor Mastin, Mr. Rapport advised that the minimum requirement for
noticing a Special Meeting of the City Council is 24 hours. A Continued Regular Meeting
would require 72 hours notice prior to the meeting. Mr. Rapport explained the
requirements for noticing a resolution declaring a shelter crisis. Passage of such a
resolution would require a majority vote of the quorum present. He advised that the
current agenda describes the item as "Discussion of Homeless Shelter" and is not an
action item on the agenda.
Mr. Rapport stated that an important aspect of a shelter crisis option, is that the shelter
crisis option only applies to what is called a "facility". A public facility is defined as "a
facility of a public agency which is owned, leased, or maintained by the public agency."
The City could declare a shelter crisis and then would have to identify the public facility.
He felt the safest thing to do is for the facility to be located within the jurisdiction in which
the crisis is declared and for the facility to be either owned or maintained by that same
jurisdiction. He continued with an explanation of the statutes concerning the shelter crisis.
Council discussed options with the City Attorney and staff. There was also discussion of
the action taken by the Board of Supervisors, and the advise given by County Counsel
concerning the matter.
Councilmember Ashiku recommended Council follow the same track as the Board of
Supervisors motion, by adopting a resolution authorizing the Mayor to sign an adopted
Resolution, once the site has been identified. This would expedite the process more
quickly.
Discussion followed concerning this recommendation.
Mr. Rapport discussed the action by the Board of Supervisors and that County Counsel
clarified, after the motion was made, that the motion merely authorizes staff to develop a
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resolution, which would need to be presented to the Board of Supervisors for adoption.
It is indicated in the Supervisor's minutes that the resolution is schedule to be presented
at their December 7, 1999 meeting. In reviewing the statutes, the only wording that might
suggest the site be identified at the time the resolution is adopted, is a statement that
"once the shelter crisis has been declared, the political subdivision may allow persons
unable to obtain housing, to occupy designated public facilities during the duration of the
state of emergency." He discussed the vagueness of the term "designated". He advised
that the item is listed as "discussion" on the agenda, and that a letter was sent to
interested parties assuring them that no action would be taken at this meeting concerning
the matter.
City Manager Horsley stated that the letter sent concerned the Grange building. She
noted that even if Council makes a motion to declare a shelter crisis, the issue of
identifying a site would still need to be determined.
Mr. Rapport advised that Council would need to make the finding: "Upon a finding that a
significant number of persons within the jurisdiction of the governing body are without the
ability to obtain shelter and that the situation has resulted in a threat to the health and
safety of those persons." While it is common knowledge that there are homeless
individuals, Council has not received information at this meeting, or prior to the meeting,
showing that it is true. He preferred that there be better notice on the Agenda as to how
the item is described for Council to take action and would better comply with the Brown
Act.
Councilmember Libby, while acknowledging there is a need to do something about the
homeless matter, did not feel compelled to act on the matter until further information is
obtained, such as the location or if the facility will meet the needs for such a shelter. She
felt that the matter should have been resolved prior to the rainy season, and has concerns
about some of the proposed sites.
City Manager Horsley explained that The Ford Street Project had a committee which was
funded by the County to look into site selection and checked a variety of sites. The City
was not part of this committee. The committee selected the Grange building as the best
site. She discussed Dr. Gardner's interest in purchasing the Grange building and in
allowing The Ford Street Project to use the facility for a homeless shelter on a permanent
basis. City staff met with representatives from the Department of Social Services and The
Ford Street Project, and were in agreement that the City and County should be included
in future discussions.
Upon an inquiry by Councilmember Libby concerning the availability of facilities at the
Fairgrounds and the North State Street Fire Station, Ms. Horsley explained that the
Fairgrounds has indicated they have many programs on the weekends, children's
programs in the afternoons, and basically their facilities are booked most weekends
throughout the winter. However, they are open to the committee giving a presentation to
their Board of Directors. Regarding the North State Street Fire Station, Ms. Horsley
explained that the Red Cross currently leases the facility. There is a mechanical
equipment garage with a bay which contains antique trucks, engines, and other equipment.
November 17, 1999
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In order to use this area, the City would need to rent a storage area to store this equipment
off site. She further noted that staff looked at the Veterans building on Seminary Avenue
as a possible site, and in exchange for its use, the City would offer them free
accommodations at City facilities so they could continue to conduct their activities.
Communication is being pursued with owners of several other locations, however, no
usable site has been identified at the present time.
Mayor Masfin recommended that, prior to taking public input on the matter, that a Special
Meeting be scheduled for November 18, 1999 at 9:00 p.m. to consider action on a
Resolution.
Councilmembers Smith and Ashiku were in agreement with Mayor Mastin's
recommendation.
Councilmember Baldwin was of the opinion that the announcement of tonight's meeting
is sufficient for Council to take action at this time. Since no public notice is required, he
preferred making a decision at the current meeting.
Councilmember Libby was of the opinion there is a need to take action, however, she
could not be supportive of a site unless she is satisfied we are properly accomplishing
what we are setting out to do. She felt the site needs to be adequate, such as the number
of restroom facilities.
Mayor Mastin felt Council would be approving for agencies, other than the City, to go
forward in pursuit of a dry, safe, location for those in need of a place to stay during the
winter.
Councilmember Ashiku discussed the current situation whereby people are sleeping on
streets, under trees, etc. He posed the question of what is a greater health risk, those
sleeping outdoors, or a minimal amount of restrooms or other type facilities available at a
shelter site? He trusted that staff will take the public's interest into consideration when
considering a site. He noted that the resolution would only be a temporary suspension of
the City's standards and that a permanent crisis shelter will be addressed at a later time.
Currently the health and safety issue is paramount. He did not want to delay the process.
Councilmember Libby was in agreement with Councilmember Ashiku's concerns that this
is a crisis situation. However, she felt she would be more comfortable voting on a
resolution that specifies a site.
Discussion followed concerning Mayor Mastin's recommendation.
M/RC Ashiku/Smith directing staff to prepare an emergency crisis resolution regarding
a homeless shelter, that Council take public testimony until 8:00 p.m. tonight, and that the
City Clerk prepare an Agenda for a Special Meeting to be scheduled for November 18,
1999 at 9:00 p.m. with 24 hours advance notice; carried by the following roll call vote:
AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES:
Councilmember Libby. ABSENT: None. ABSTAIN: None.
November 17, 1999
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Mary Lindley, Ukiah, spoke to the matter and discussed the availability of various sites.
Ed Harnett spoke in support of a permanent facility for the homeless.
Richard Macintosh, a homeless individual who lives under the Perkins Street bridge,
discussed not being able to find work in Ukiah and that The Ford Street Project is unable
to help with housing if you are not a resident of the County. He supports a homeless
shelter in Ukiah.
Ms. Miller, staff member at Trinity School and Northhaven School, discussed the matter
of individuals who are living on the streets and in need of medication. She is supportive
of a resolution to provide a shelter for families and homeless individuals in the City.
Richard Shoemaker, 710 Willow Avenue, Chairman of the Mendocino County Board of
Supervisors, appreciated Council's consideration of preparing a joint resolution for the
crisis situation. He discussed problems with homeless people sleeping on private property
without permission and explained that the homeless situation has been a very frustrating
issue for both the homeless as well as those working towards finding a solution to the
problems. County staff has looked at many sites already and it is their goal to find a
permanent shelter location.
Ramona Ansolabehere, Housing Coordinator for Department of Social Services, advised
that she has been working with the committee which has identified 15 potential sites and
provided the City Clerk with the list of sites for distribution to Council. She discussed
potential locations.
Upon an inquiry by Councilmember Baldwin concerning a potential site on Talmage
Road, Ms. Ansolabehere advised that the site is the former CED/CHP building. She met
with the owner, at the suggestion of Supervisor Shoemaker, and inspected the building.
It is estimated $250,000 would be needed to get the building into a usable condition. The
owner has advised that it would be the responsibility of the leasee to take responsibility
for the building and its repairs.
Supervisor Shoemaker explained that the joint resolutions of the City and County is a
very important relationship between the two entities. He explained that the Fairgrounds
is operated by a Board of Directors and recommended that Mayor Mastin be available to
meet with him and the Fairgrounds Board of Directors if necessary. He discussed the
Board of Supervisors motion at their previous meeting.
Paul Taylor, Director of the Community Service Center on Cherry Street, which is part of
the Seventh Day Adventist Church, discussed his organization being able to assist those
in need by providing clothing and other services. Due to the limited amount of space
available at The Ford Street Project, he and his wife have housed five different men during
the past few months at their home and assisted them in finding a job and place to live. He
urged the community to become more involved in finding people a place to stay.
November 17, 1999
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Jim Stepler, 1580 Talmage Road, Talmage, explained that he works for a social service
agency and last year they had many individuals coming to their agency because they were
unable to stay at The Ford Street Project due to their general assistance beds being full
and also because they were unable to provide proof of residency in the County, therefore
making them ineligible for services at The Ford Street Project. He felt the issue is the
County's responsibility and commended City staff for assisting Mendocino County in
recognizing that they need to deal with the issue immediately.
Lauren Cullen, homeless person for about four months, felt families have a more difficult
time finding shelter than individuals. She thanked Mr. Taylor for his efforts and felt a
permanent shelter is needed.
Kristy Kelly, Director of the Mendocino County Mental Health Department, discussed the
difficulty of opening a facility without obtaining the proper permits and encouraged Council
to expedite the process. She discussed people living on the street who are in need of
medication, which amounts to approximately 1% of the population in Mendocino County.
The more user friendly the facility is, more Mental Health Department clients will use the
facility, and staff will be available to visit the shelter on a regular basis.
Mark Rohloff, Director of The Ford Street Project, reported that in 1993, approximately
93 households were homeless in the greater Ukiah area. He felt this number is even
higher today and the number of homeless families are increasing. The Ford Street Project
cannot serve the demand for shelter in the community but is prepared to establish
operations as quickly as possible should a new site be located. He thanked the City for
its cooperation and noted both City and County staff have been very cooperative.
Councilmernber Libby discussed the voucher program for rooms at local motels and
using the program as an option, should a temporary or permanent site not be found.
Mr. Rohloff explained that The Ford Street Project received some additional funding from
the City for vouchers. Although the vouchers provide a safe place to stay, they do not
provide meals or social services, and sometimes they offer crime, loneliness, and despair.
The cost of housing someone in a motel is expensive. It is important to do this as cheaply
as possible because they have limited funds available. He advised that the vouchers will
continue to be used by individuals.
Councilmember Baldwin discussed the wage rate of $5.75 per hour of those working for
The Ford Street Project and that workers may not be able to afford housing on these
wages. He expressed concern for the Iow wage rate.
Mr. Rohloff explained that last year they had $12,000 from the County to operate their
shelter and cannot afford to pay a living wage because of such a Iow budget. He is very
sensitive to paying a living wage to individuals.
Robert Foley, homeless, discussed the life of homeless individuals and associated health
issues.
November 17, 1999
Page 8 of 21
8:04 p.m. - Recessed.
8:17 p.m. - Reconvened.
PUBLIC HI~ARING
7a. Adoption of Resolution Approving the Negative Declaration and Final
Concept Plan for the Gobbi ~treet Riverside Park Concept Plan
Senior Planner Stump reported that on October 6, 1999, the City Council conducted a
public hearing to consider the Concept Plan for the Gobbi Street Riverside Park. After
receiving public comment, Council approved the Concept Plan and directed staff to make
minor modifications and return the document to Council for final approval. He discussed
the proposed modifications to the Concept Plan, as noted in his Staff Report. He called
attention to a letter from John Thomas, property owner to the north of the site, and staff's
response to Mr. Thomas' concerns. Today a letter was received from Stephen Johnson,
Johnson Orchards, Inc., which identified several points of concern. He met with Mr.
Johnson today, discussed his concerns, and clarified a number of issues. The letter was
distributed to Council. In response to the letters received from Mr. Thomas and Mr.
Johnson, he felt it is clear that staff is committed to working with these families in
developing certain aspects of the Park. He advised that staff has incorporated the
proposed changes into the Concept Plan and has evaluated these changes in light of the
Negative Declaration, and found that the minor changes do not disrupt the findings
contained in that document. Staff has prepared responses to comments received on the
Negative Declaration and is of the opinion that a mitigated Negative Declaration is very
appropriate for the Concept Plan, yet may not be the last CEQA review for the buildout of
the project. Staff believes that the Concept Plan successfully balances the issues,
concerns, and problems that have been raised by a variety of people during this process.
It is a passive Plan, designed to be financed, maintained, and to provide security for the
Park and surrounding property owners in the future. He recommended adoption of the
Mitigated Negative Declaration and approving the final Concept Plan for the Gobbi Street
Riverside Park.
Upon an inquiry by Councilmember Libby, Mr. Stump explained that further CEQA
review would be necessary for some aspects of the project, such as riverbank stability in
the Park.
In response to a query from Councilmember Baldwin concerning increased vehicle trips
per day during the summer months for baseball activity, Mr. Stump explained that
additional trips per day would be due to baseball, soccer, hiking, and other activities during
the summer months. He reported that there is no indication that South Ukiah Little League
will be expanding, and there may not be a significant increase in the daily traffic volume.
The figure of 300 trips per day was used as a worse case scenario. It is expected that
more people will be using the park and noted that the Traffic Study indicated it would not
result in unacceptable traffic levels on the street.
8:26 p.m. - Public Hearing Opened.
Mary Lindley, Ukiah, spoke in opposition of the Plan and expressed her concern with
liability and funding issues related to the project. She felt the Traffic Study is inaccurate
November 17, 1999
Page 9 of 21
and opposed traffic calming measures.
John Thomas, farmer to the north of the proposed project since 1959, advised he is
supportive the project and has been working with staff to resolve his concerns. He
expressed concern with funding of improvements and maintenance of the Park in future
years. He discussed liability concerns and the concern of the neighborhood with regard
to traffic in the area.
Linda Foster, 840 East Gobbi, Ukiah, explained that each Saturday during Little League
season, it is difficult for her family to get out of their driveway due to traffic and parking
along Gobbi Street. She opposed traffic calming measures and discussed liability issues
relative to traffic accidents as well as accidents occurring in the river.
Marsha DePriest, Oak Manor resident, demanded an EIR be prepared for the project. It
was her opinion that the Park site is contaminated. She discussed her opposition to
widening Gobbi Street and the County's jurisdiction concerning the street. She discussed
emergency sewer line repairs on Gobbi Street.
Ken Kensy, Oak Manor resident since 1971, discussed the increase in traffic over the
years in the area and his concern for the safety of children going to the park.
Ms. Steward, thanked Council for considering including a Dog Park in the Concept Plan.
She was supportive of the Concept Plan.
Vicky Carroway, felt traffic is horrendous and people drive carelessly in the area.
Marie Heany, President of the South Ukiah Little League, explained that the Little League
season is from April to June and that soccer activity would not be conducted at that time,
thus not increasing the traffic during that time. She was supportive of the Concept Plan
for the Park.
8:50 p.m. - Public Hearing Closed.
In response to an inquiry by Councilmember Libby regarding funding of the project and
if changes to the Plan could be made at a later date, Mr. Stump explained that the City
has approximately $80,000-$100,000 from the Coastal Conservancy and is very limited
as to how the funds can be spent. Expenditures can be made to the agricultural fencing
and vegetative buffering, habitat restoration, and some improvements to the stream bank.
Staff is of the opinion that the highest priority lies with the agricultural buffering. No other
funding is available at the present time, however, he discussed other sources of funding.
Staff is aware that once development of the Park begins, it will be the City's responsibility
to maintain and service the Park. This is a long term project, and will be completed in
phases. He noted that money would not be taken from funds allocated for other parks.
City Manager Horsley explained that the Concept Plan has reached its current stage due
to the grant from the Coastal Conservancy. With regard to developing the Park,
maintenance and operational expenses, the City does not have funds available at the
November 17, 1999
Page 10 of 21
present time. Should Council approve the Concept Plan, the City would not be breaking
ground to develop the Park to its potential, due to the lack of funding. However, the project
can move forward in steps as funding becomes available.
Council discussed various aspects of the Concept Plan with staff, especially as it relates
to funding, security, traffic, and liability issues. It was noted by City Manager Horsley that
staff has contacted other cities regarding liability issues related to riverfront parks and they
have indicated no additional liability costs at this time. City Attorney Rapport addressed
the issue related to the City's liability, derived from the fact that the City owns the property.
He further discussed trespassing, existing dangerous conditions on the property, and that
by carefully developing the property it could reduce the City's liability.
MIRC AshikulSmith adopting Resolution No. 2000-19, approving the Negative
Declaration and the Concept Plan for Gobbi Street Riverside Park.
In response to an inquiry by Councilmember Libby concerning the sewage leak that was
mentioned during the Public Hearing, Mr. Stump explained that the Ukiah Valley
Sanitation District recently corrected a problem which involved a few homes that were
hooked up to a sewer line that was being used as a storm drain. Staff discussed the
matter with the consultants that did the Phase I Hazardous Materials Study, and they
expressed no concern that the situation would be a toxic or hazardous health problem.
Councilmember Libby expressed concern with traffic on East Gobbi Street and inquired
about traffic calming devices and widening the road, as well as the County's responsibility
for making improvements to the street.
Mr. Stump explained that staff has discussed the matter with the County, noting that the
road, after a certain point, is within the County's jurisdiction. At the time the City annexed
the property, annexation of the road did not occur. As part of the project, staff would
pursue annexation of the road. He explained that the Plan calls for a separate bicycle and
pedestrian lane within the current right-of-way, along the south side of East Gobbi Street.
There would be no imminent domain or taking of property, since the right-of-way currently
exists. There has been no proposal for traffic calming devices similar to those on Clara
Avenue.
Discussion by Council and staff followed with regard to the feasibility of widening East
Gobbi Street and developing the Park in phases as funds become available.
Councilmember Baldwin advised that, as a park advocate, he has concern that the Park
may look tacky if it is completed in phases. He discussed grant funding and felt the Plan
should be more grand and imaginative. He preferred to do nothing until funding is
available to complete the entire project. He discussed the need for funding maintenance,
security, and needed personnel for the new Park.
Mr. Stump explained that the City would not receive the grant from the Coastal
Conservancy for the project if funds are not used within a short time frame.
November 17, 1999
Page 11 of 21
Discussion continued concerning the Concept Plan and it was noted that the Plan can be
revisited, and changes made, at any time. Possible funding sources for the project were
discussed, such as private donations, and the possibility of a budget allocation during the
next fiscal year.
Richard Retecki, Project Manager with the Coastal Conservacy, explained that the $1
million grant money was specifically targeted for river park improvements and must be
incumbered by June 30, 2000 for specific projects. He discussed various projects which
the grant is funding. He explained that approximately $100,000 is allocated for the Gobbi
Street Riverside Park project. If this money is not used for this location, the funds will go
to another city. He explained that the grant money came from a bond initiative, specifically
to the Coastal Conservancy for four different rivers within the Coastal Zone.
An unidentified man inquired if the soil has been tested in the area near the sewer plant.
Mr. Stump reported that no core sampling has occurred, however, the consultants have
recommended that this process be conducted prior to development in a specific area.
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Ashiku, and Mayor Mastin. NOES: Councilmember Baldwin. ABSENT: None. ABSTAIN:
None. Councilmember Libby stated for the record that she is voting "yes" on the Motion
because it is a Concept Plan in a vision and felt the grant money used for the fencing is
necessary whether we go forward with the Park project or not.
NEW BUSINESS
8b. Adoption of Resolution Eliminating On-Street Parking Spaces and
Establishing a No-Parking Zone on North State Street 290 Feet Southerly and
255 Feet Northerly of Low Gap/Brush Street
Interim Director of Public Works Beard advised that the Public Works Department is
requesting adoption of a resolution extending No-Parking Zones on State Street to allow
a shift of the center line striping and the lane striping in order to add new left turn pockets.
The project would be accomplished in two phases, which he explained, as per his Staff
Report. The Traffic Engineering Committee voted unanimously to support the extension
of the No Parking Zone to accommodate improvements at the intersection of North State
Street and Low Gap Road/Brush Street. The extension of the No Parking Zones would
eliminate a total of 15 parking spaces on State Street. This project has been identified in
the City's Fiscal Year 1999/2000 budget.
Upon an inquiry by Mayor Mastin, Mr. Beard advised that the first phase of the project
would include changing the lane lines and noted the signals are currently operating a two-
phased intersection. The ultimate ability of the intersection would be that in the future
there would be left turn lane pockets on all legs of the intersection and be capable of
having the left turn movements operate independently of each other at four separate times.
It would also allow for the movements on each leg of the intersection to operate
independently of each other at four separate times, thereby creating an "eight phased
intersection". This would be similar to the Perkins Street/Orchard Avenue intersection.
November 17, 1999
Page 12 of 21
The Second portion of the first phase would involve the installation of the loops in the
street, provide necessary wiring back to the control cabinet, and the additional necessary
equipment which will sense what the loops are picking up.
Upon an inquiry by Councilmember Libby conceming the businesses on State Street and
their parking accommodations, Mr. Beard responded that all of the businesses on State
Street have off-street parking available, with the exceptions of D & G Electric and Crafts,
housed in the same building. He noted a driveway leads to the rear of the building and
space is available behind the building which is not used for parking at this time. He
explained various aspects of the project by displaying a map of the area with an overhead
projector.
Richard Shoemaker, property owner of Green Lion Nursery located at the corner of North
State Street and Brush Street, explained that he has been gathering signatures from
businesses along State Street and Brush Street who are opposed to the project. Some
businesses were not aware of the project when it went before the Traffic Engineering
Committee. Property owners were given notice of the project on November 12, 1999, and
some owners received phone calls. He explained that the driveway near D & G Electric's
building is only one car wide and can only accommodate two cars in the rear of the
property. He discussed parking on site and on the street in front of businesses on State
Street. He felt that a piece meal approach to correct the circulation problem on State
Street will not allow the City to do the proper thing on Low Gap Road and Brush Street.
He distributed photos to Council of pot holes on Brush Street and recommended Council
complete the entire project, rather than a piece meal approach.
Discussion of the project continued, focusing on traffic circulation in the area of North
State Street, Low Gap Road, and Brush Street. The turning radius on both sides of Low
Gap Road was identified as inadequate, with Mr. Beard explaining that all four corners of
the intersection would receive an increased turning radius.
Eric Larson, 123 Clara, was of the opinion that, until improvements are made to the Orrs
Creek Bridge, the Wagonseller's neighborhood will continue to feel the impact of increased
traffic as vehicles travel to and from the Low Gap Road area through their neighborhood.
He felt that a southbound left turn lane on State Street would place a burden on the
Wagonseller's neighborhood and encourage more traffic. He recommended Council delay
the project until necessary improvements are made to the Orrs Creek Bridge area.
Linda Foster agreed with Mr. Larson's opinion concerning the impact to the Wagonseller's
neighborhood and the increased traffic in the area. At the present time, she finds it difficult
to make a southbound left turn off of State Street and onto Brush Street. However, if a left
turn lane is installed, she would use it.
City Manager Horsley explained that the major concern is with traffic traveling north and
turning left onto Low Gap Road. The proposed left turn pocket will hold five cars and will
allow two traffic lanes traveling north not to be held up by cars turning left. She explained
that the project was originally valued at $350,000, but bid at $759,000 in 1996, which is
a major project. By suggesting these left turn lane pockets, it will alleviate some problems
November 17, 1999
Page 13 of 21
at the intersection.
Mr. Shoemaker explained that Mendocino Council of Governments (MCOG) contributed
money to the 1995 project. Although the bid was $759,000, he was of the belief that 50%
of the funds were allocated in the budget. He was of the opinion that improvements to the
intersection will assist small businesses in the area.
The importance to the public regarding traffic safety at the intersection was agreed upon
by staff and Council. The alignment of the lanes was discussed by Mr. Beard.
MIRC AshikulLibby adopting Resolution 2000-20 eliminating on-street parking spaces
and establishing a No-Parking Zone on the east and west sides of North State Street from
290 feet southerly of Low Gap Road/Brush Street to 255 feet northerly of Low Gap
Road/Brush Street.
Mayor Mastin expressed concern for D & G Electric with the elimination of on street
parking and how it will affect other businesses in the area.
Deputy Director of Public Works Seanor advised that he spoke with one of the Ceja
brothers who plan to install a tire shop at the corner of State Street and Low Gap Road.
They will have adequate parking on site and are supportive of the project.
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
10:13 p.m. - Recessed.
10:20 p.m. - Reconvened.
NEW BUSINESS
8c. Discussion of Options for City Participating in Wildberger's Market
Assistant City Manager Flad reported that, in response to comments from Mary Hiatt,
proprietor of Wildberger's Market, at the November 3, 1999 City Council meeting, he met
with Ms. Hiatt to discuss her concerns. He noted the problems she is having with her
current landlord/tenant arrangement, as identified in the Staff Report. Ms. Hiatt has
recommended the City acquire the property through eminent domain proceedings and
possibly lease the property out to be run as a market in order to maintain the historical
significance of the market, which has been in place for over 100 years at that location.
City Attorney Rapport explained that he conducted research to see if eminent domain
could be used to acquire the market. He advised that the power of eminent domain may
be exercised to acquire property only for a public purpose. The issues involving this type
of acquisition would include preserving a building, or use, that has historical or cultural
value to the community. He noted that the Wildberger's building itself does not have
architectural significance and is not included on the survey of historical buildings that was
completed in the City. However, the use of the building as an old fashioned grocery store,
may have historic or cultural value to the community. This judgement would need to be
made by Council. There is a question of whether the City is proposing to acquire and
November 17, 1999
Page 14 of 21
facilitate a private business. The fact that the City would be acquiring the building to lease
the property to a private person to operate a private business would not necessarily result
in a finding that the acquisition is for a public purpose. The City should be able to show
that the project is located to promote the greatest public good and the least private injury
in that the goal of preserving the historic use in its historic location can only occur at the
current location. He advised that once the City establishes its right to take the property
by eminent domain, it must comply with the procedures set forth. He felt that using the
power of eminent domain in the Ukiah community would be a very aggressive action for
Council to take, especially if the property owner was unwilling to sell, and the City had to
go through legal proceedings to acquire the property. He discussed the formation of the
Ukiah Redevelopment Agency and the preservation of the power of eminent domain in
extreme circumstances.
Mary Hiatt advised that the business will not make money and she cannot afford the rent
and utility bills at that location. She discussed the old appliances and fixtures that are not
energy efficient at the market and how they use more electricity than modern appliances,
thereby causing increased electrical bills. She felt it is important to sustain the historical
nature of the market, however, it is costly to make the necessary improvements herself.
Discussion followed concerning Ms. Hiatt's issues with her landlord, high utility bills, and
the use of public funds to sustain a private business. The City Attorney discussed
severance damages, evaluations, and appraisal of the property associated with eminent
domain proceedings.
Although Council was sympathetic to Ms. Hiatt's situation, they declined to take any action
on the matter at this time.
NEW BUSINESS
8e. Discussion of the Brush ~treet Triangle
Mayor Mastin reported that he and Councilmember Ashiku were appointed by Council to
meet with a committee formed by the Board of Supervisors regarding the Brush Street
Triangle which encompasses approximately 95 acres. He described the area under
consideration which is located on the west side of Highway 101, north of Orrs Creek, east
of the Northwestern Pacific Railroad right-of-way, and south of the undercrossing of the
railroad and Ford Road beneath Highway 101. The area is located north of the City
boundary in the unincorporated area of Mendocino County. He discussed the construction
of KMART and a mitigation on the project which involved construction of a bridge across
Orrs Creek with the extension of Orchard Avenue to Brush Street, and from Brush Street
to State Street.
Eric Larson, 123 Clara Avenue, advised that the items mentioned by Mayor Mastin were
not deemed mitigations at the time of the project construction.
Mayor Mastin advised that the committee met on three occasions with City and County
staff members and that he and Councilmember Ashiku met with Supervisors Delbar and
Lucier to discuss options. They reported to the Board of Supervisors the results of the
meetings, and he took exception to some of the things they said and in the way they
November 17, 1999
Page 15 of 21
presented information to the Board of Supervisors. During the second meeting, the
committee looked at a 20 year or 25 year tax sharing agreement if the City annexed the
property. The existing property tax would continue to go to the County. Out of the sales
tax revenue, the City and County would back out their expenses, then split the remainder
on a 50-50 basis. The City felt this was a generous arrangement, however, the County felt
it should be in perpetuity and that they will have large on-going expenses. In the end, the
members agreed that in order to work out the tax issues, they would go back to their
governing bodies to see if there is interest in going forward in hiring a third party analyst
to provide numbers (dollars) in which to work with. It is his understanding that the Board
of Supervisors agreed to this option. There was discussion by the committee of splitting
the cost of the analysis 50-50 by the City and County, but had not selected an analyst.
The City of Willits has offered to be a third party entity to find the analyst.
Councilmember Ashiku explained that the analyst would identify those costs that would
be deemed billable, such as the impacts on the City and County's budget should buildout
occur on the property. He noted that out of the total sales tax generated, the County
already receives 1.25¢ of the 7.25¢ total sales tax generated within the City limits. There
is discussion about the Brush Street Triangle because the property rightfully belongs
within the City's jurisdiction. The reason being is that the development will significantly
impact the City of Ukiah's services and traffic. With the property not in the City's
jurisdiction, the City has no means to mitigate the impacts to services or control over
development of the property. He discussed the completion of the Orchard Avenue Bridge
and road to the north to provide through traffic to Brush Street. He discussed traffic in the
Wagonseller's neighborhood and traffic impacts.
Mayor Mastin noted that, at one point, a County committee member said that they didn't
need the City, that they would build the bridge and the road, and that the City would
receive nothing. Another final statement made by a committee member was in reference
to the possibility of an increment on the property tax. He was of the opinion that the City
is overly generous. He discussed how the matter was presented to the Board of
Supervisors by members of the committee and felt that the County has been unwilling to
realize that KMART deposited money to mitigate traffic concerns for a neighborhood in
Ukiah, not to develop the Brush Street Triangle for the County.
Councilmember Ashiku explained that at risk is the potential for losing $250,000 from
KMART to build the bridge. He would appreciate good faith negotiations by the two
Supervisors who serve the public and sit on the committee.
Richard Shoemaker, Chairman of the Board of Supervisors, advised that he is recused
from discussing the matter due to his ownership of property within the designated area and
is unable to carry any messages from Council back to the Board of Supervisors.
Eric Larson, 123 Clara Avenue, explained that the designated property is located within
the Millview Water District and it would be problematic for them to provide water to the site.
Should buildout occur, the City may need to make a decision regarding providing water
service to the area.
November 17, 1999
Page 16 of 21
Senior Planner Stump reported that an EIR was prepared for the bridge which
contemplated growth inducing impacts resulting from the construction of the bridge. Staff
looked at two traffic scenarios, one involved buildout consistent with the City's General
Plan land use designations for the site, and the second involved buildout under the
County's current General Plan and zoning for the site. Both would pour traffic into the City
of Ukiah. The main property owners have indicated to staff that the Orchard Avenue
access to the site is crucial to the development of businesses in the area. He discussed
the impact on the Perkins Street/Orchard Avenue intersection with buildout of 95 acres to
the north. The EIR cited several unmitigated impacts, as well as suggesting mitigation
measures such as hook ramps onto the freeway. Caltrans is opposed to such a measure
due to the cost. From a planning perspective, it makes sense for the City to control its own
destiny. He stated that the EIR has been prepared and is ready for certification. Staff is
waiting for the completion of negotiations with the County.
Extensive discussion of the matter continued. Expenses incurred by the City was noted,
should it pursue annexation of the property as well as the minimal expense to the County.
City Attorney Rapport discussed details of the agreement with KMART, which was
finalized in 1997, and the status of the money they deposited for the construction of the
Orchard Avenue Bridge. He also discussed the improvements outlined in the KMART
agreement with the City.
M/RC Ashiku/Libby directing staff to prepare and send a letter to the Board of
Supervisors stating that the City Council is in agreement with the concept of hiring an
analyst to assess the fiscal ramifications of the property; carried by the following roll call
vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES:
None. ABSENT: None. ABSTAIN: None. Councilmember Baldwin noted the vagueness
concerning the qualifications and cost of the services of the analyst.
NEW BUSINESS
8d. Receive Report Regarding the Orrs Creek Habitat Enhancement and Flood
Control ~tudy
Senior Planner Stump reported that during the last budget session, Council allocated
funds for a study which would look at the possibility of melding the goals of habitat
enhancement of Orrs Creek with flood control practices. The City had received some
complaints about how they were removing gravel from the Creek and staff has worked with
the Department of Fish and Game on a number of measures to improve those practices.
Council felt that it is important to be able to ensure habitat enhancement of Orrs Creek
while continuing to practice flood control measures. In April of this year, the City entered
into a contract with the planning consulting firm of Brady/LSA to prepare a Habitat
Enhancement/Flood Control Study for Orrs Creek. The Study was prepared with the
assistance of City staff, the Mendocino County Water Agency, State Department of Fish
and Game, Alta California Associates, and a number of interested citizens. The study
focused on the area of Orrs Creek between Bush Street and State Street. The purpose
of the study was to evaluate the history of the Creek, and determine if removal of the
gravel was necessary to control flooding, or if there are alternatives that would not damage
the stream ecology and riparian habitat along the banks of the creek. The study also
November 17, 1999
Page 17 of 21
suggests ways to repair and restore existing damaged areas, and how to provide limited
public access to the creek.
Gravel removal may not be necessary in order to control flooding. The Study also made
recommendation to narrow the channel below the bridge to force the water through the
Oak Street bridge culverts at a higher velocity, which will limit the amount of gravel that
accumulates. The Study concluded that the City should monitor the situation closely and
repair areas of bank instability with a native material revetment design. In the long term,
the Study suggested that the City might want to pursue widening of the existing access
easements and the possibility of looking at developing the property above the Oak Street
bridge, which the City owns, into a small public place. He advised that it will not be too
costly to implement many of the recommendations of the Study. This Study is the first step
in implementing critical creek planning work that is directed by the General Plan.
Mayor Mastin advised that he is very impressed with the Study and its thoroughness. He
felt the plan is achievable.
Mr. Stump noted that City staff has developed a great relationship with the Department
of Fish and Game, Mendocino Fisheries Project, and that many organizations are pleased
with the City in fulfilling the direction of the General Plan.
Upon an inquiry by Councilmember Baldwin concerning open space behind Dr.
Barrington's office on North State Street and if it has been considered for public use, Mr.
Stump responded that, although the property was noticed by staff, detail of the property
was not pursued in the Study at this time.
Consensus of the Council was to receive the report regarding the Orrs Creek Habitat
Enhancement and Flood Control Study.
NEW BUSINESS;
8f. Authorize the Transfer of $1,229,584 from Fund 801, the Electric Revenue
Fund, to Fund 800, the Electric Utility Operating Fund, and Authorize a Budget
Amendment for Payment to the Geothermal Bond Escrow Account
Established by the Northern California Power Agency
Director of Public Utilities Barnes advised the Northern California Power Association
(NCPA) has authorized the establishment of an escrow account that will allow the
defeasance of $25 million of Geothermal debt. Ukiah's share of this defeasance would be
$1,229,584. Under the Third Phase Agreement for the project, participation in the
defeasance is required. NCPA currently has $25 million in 1987 Series A geothermal
bonds, which will mature in the year 2008. The defeasance will reduce the City of Ukiah's
annual payment by approximately $62,000. In addition, it will eliminate the need to pay
our full call price of the bonds in 2008 of $1,350,000, saving the City of Ukiah an additional
$120,000.
Councilmember Ashiku advised that the City's participation is mandatory. He noted that
this is one reason for the City to have reserves set aside.
November 17, 1999
Page 18 of 21
Upon an inquiry by Councilmember Libby with regard to the transfer having an impact
on the City achieving market, Mr. Bames explained that staff is of the belief that it will not
have a significant impact because the annual payments that we are saving through 2008
will off set most of that money that we are paying up front. The year 2008 is the time frame
that is already passed where we have projected to be at market. He discussed the City's
finances.
MIRC Baldwin/Smith authorizing the transfer of $1,229,584 from Fund 801, the Electric
Revenue Fund to Fund 800, the Electric Utility Operating Fund; Authorizing a budget for
account 800.3702.214.001 in the amount of $1,229,584; and Authorizing payment of
$1,229,584 to the Geothermal Bond Escrow Account established by the Northern
California Power Agency; carried by the following roll call vote: AYES: Councilmembers
Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None.
ABSTAIN: None.
NEW BUSINESS
8g. Adoption of Resolution Amending Procedures of Conduct for the City Council
Meetings for the City of Ukiah
City Manager Horsley explained that over the years, several resolutions have been
adopted establishing and clarifying procedural guidelines for the conduct of City Council
meetings. Staff has combined the various policies adopted by past resolutions into a more
useful and easily understood document.
MIRC Ashiku/Baldwin adopting Resolution 2000-21 amending Procedures of Conduct
of the City Council Meetings for the City of Ukiah.
Councilmember Libby called attention to page 5, "111. Rules of Debate, B. Questioning
the Staff", and noted that Council has been able to ask questions of staff, directly, rather
than going through the Mayor or City Manager.
City Attorney Rapport explained that staff has not changed the substance of previous
resolutions, but merely combined them into one document. Staff did not take the
opportunity to evaluate the rules which Council has already adopted. Council has the
opportunity to adopt the proposed resolution and then amend the resolution at a later time.
Discussion followed concerning the history of the Council's meeting procedures, as well
as the role of the City Manager in the past. The process of amending the proposed
Resolution was discussed and Councilmember Libby advised that, upon review, the item
on page 5 is the only change that she recommends.
MIRC AshikulBaldwin to amend previous motion to include changing page 5, II1. Rules
of Debate, B. Questioning the Staff, to read: Each Councilmember desiring to question City
Staff shall, after recognition by the presiding officer, shall address their questions to the
City staff; carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
NEW BUSlNE88
November 17, 1999
Page 19 of 21
8h. Discussion and Possible Cancellation of December 1, 1999 City Council
Meetin(~
City Manager Horsley advised that Senator Wes Chesbro is coming to Ukiah on
December 1, 1999 and would like to address Council regarding the legislation that he has
initiated, and to receive input from Council regarding their concerns. He is scheduled to
arrive at 5:30 p.m. on that date. She proposed that Council adjourn the current meeting
to December 1, 1999 at 5:30 p.m.
Discussion followed concerning Mr. Chesbro's schedule on that date and the amount of
time he would be available to meet with Council.
Consensus of Council was to cancel the Regular December 1, 1999 City Council regular
meeting and to adjourn the current meeting to 5:30 p.m. on December 1, 1999.
9. CITY COUNCIL REPORT~
Councilmember Smith had no report. He has been on vacation.
Councilmember Libby reported meeting with the Mendocino County Film Advisory Board
in Philo for the first time. They have been asked to write an ordinance and a film permit
for the County within the next six months. The Board is composed of 19 people. They will
attempt to obtain five sample ordinances from inland cities and five from coastal cities.
She was unsure if Ukiah currently has an ordinance or permit regarding filming.
City Manager Horsley explained that currently the City does not have an ordinance
regarding filming. She would like to review ordinances acquired by the Board.
Councilmember Libby reported that the Sun House Guild will be having their Christmas
party for the Endowment and Guild. They have now accumulated over $1 million in assets.
The Chamber of Commerce is involved in the Small Town Christmas tree lighting and the
Truckers Light Parade, which is scheduled for December 4, 1999 at 5:30 p.m. They expect
Councilmembers to attend. The Mendocino County Symposium and Trade Show is
scheduled for February 25-26, 2000, and various speakers are scheduled.
Councilmember Baldwin reported attending a meeting of the Mendocino County Inland
Water and Power Commission and they are moving forward with the educational video
production. Janet Pauley, Chairperson of the Commission, will prepare an outline for a
narrative for the production specialist. The production could cost between $10,000 to
$30,000. The Commission may approach the City for financial assistance. He reported
that the Russian River Watershed Council will meet on November 20,1999.
Councilmember Ashiku reported the Northern California Power Association (NCPA) will
hold their regular meeting on December 2, 1999. A strategic planning session is planned
for January 18-20, 2000 and they will pay for three elected officials to attend the session.
He discussed the schedule of the session and encouraged other Councilmembers to
become more involved. NCPA is also making a legislative trip to Washington, D.C. at the
end of January 2000, which he will attend.
November 17, 1999
Page 20 of 21
Mayor Mastin reported that MTA and NCRA have come to terms on the transit depot
property on Perkins Street and it is expected that agreements will be finalized next week.
The options and purchase agreements will be reviewed. He discussed the option, noting
they can exercise the option anytime within a year, November 1, 2000 being the deadline.
City Clerk Ulvila reported that she continues to work on Records Retention Guidelines
and Records storage. A Notice of the Year 2000 Qualified Bidders List has been sent to
the media, local builders exchanges and contractors who bid on projects during 1999. The
closing date for submittal of an application is December 31, 1999. She will present the
Year 2000 Qualified Bidders List to Council at their January meeting.
10. CITY MANAGER/DIRECTOR REPORTS
City Manager Horsley thanked those who participated in PumpkinFest Parade and
festivities. It was a wonderful event.
City Attorney Rapport discussed the memo he distributed to Council regarding the
proposed change to the Redwood Business Park/City of Ukiah agreement and whether
that change would be considered a material change to the agreement. He discussed the
amendment and noted the change would have the affect of treating those fees that are
waived, as having been paid. They would have to be included with the amounts the City
actually collects from people who pay the fees, in order to determine whether that total
amount was more than the cost of the project. If that total amount were more than the
actual cost of the project, there would be a refund.
Consensus of the Council was that the change to the agreement between Redwood
Business Park and the City of Ukiah is not a material change.
12:00 a.m. - Adjourned to Redevelopment Agency.
12:15 a.m. - Reconvened.
12:15 a.m. - Adjourned to Closed Session.
11. CLOSED SESSION
a. G.C. §54957.6- Conference With Labor Negotiator
Negotiator: Candace Horsley
I. Employee Negotiations - Department Head Unit
ii. Employee Negotiations - Fire Unit
No action taken.
12. ADJOURNMENT
There being no further business, the meeting was adjourned at 1:40 a.m. to December 1,
19~9 at 5:30 p.m.
Marie Ulvila, City Clerk
November 17, 1999
Page 21 of 21