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HomeMy WebLinkAboutMin 11-06-02MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER 6, 2002 The Ukiah City Council met at a Regular Meeting on November 6, 2002, the notice for which had been legally noticed and posted, at 6:34 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Larson, Smith, Baldwin, and Mayor Ashiku. Absent: Councilmember Libby. Staff present: Public Utilities Director Barnes, Interim Fire Chief Cohn, Community Service Director DeKnoblough, Finance Director Elton, Assistant City Manager Fierro, Risk Manager/Budget Officer Harris, Associate Planner Lohse, City Attorney Rapport, Deputy Public Works Director Seanor, Public Works Director Steele, Planning Director Stump, Fire Marshal Yates, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Mayor Ashiku led the Pledge of Allegiance. 3. PRESENTATION 3a. Presentation by Sonoma County Water Agency Regarding Russian River Watershed Association Tim Anderson, Government Affairs Coordinator for Sonoma County Water Agency (Agency) discussed the Russian River Watershed Association where various cities and agencies would form an association of public agencies along in the Russian River watershed. The Agency sees more and more that the state agencies that grant funding for water related projects are requiring a local cooperative coalition of multiple agencies or broad regional support for grant proposals. Regulatory requirements are increasing, such as the Phase 2 NPDES permits, national pollution discharge elimination system permits, TMDL's for water quality in the river, and the California Toxics Rule are experiencing very strict regulatory requirements and are becoming more difficult to meet. The Russian River Watershed Association would be to provide a means for cities and agencies to do cooperative projects and address the regulatory requirements for the benefit of the watershed. The Agency thinks the association could also speak for the region and have a voice in setting regulatory policy as well as representing funding needs and requests for the Russian River Watershed. The association could also help to educate communities about the watershed protection and restoration. They are currently operating on the assumption that the cost of membership to the association, initially, would be $5,000. The Board of Directors would develop the work plan and the association. They foresee the next step would be to finalize the Memorandum of Understanding (MOU) and to work out details of what should be included in the MOU. After that has been reviewed by counsel, it would be going to cities and agencies in the watershed and asking that they consider approving the MOU and becoming members of the association. Regular City Council Meeting November 6, 2002 Page 1 of 9 There was discussion concerning the recommendation that if an executive board was elected by the board to manage affairs, it would be geographically represented of the watershed and that the board would consist of one city, one county, and one large water or sewer entity. Mayor Ashiku announced that there is an error in the agenda order. Item 9f under New Business, "Adoption of the Resolution Approving the 2002 Mendocino County Regional Bikeway Plan", was noticed as a Public Hearing and should be included under "Public Hearings." The item will be heard as item 8b under the Public Hearing portion of the agenda. 4. APPROVAL OF MINUTES 4a. Regular Meeting of October 16, 2002 M/S Baldwin/Smith approving the Regular Meeting Minutes of October 16, 2002, as presented, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember Libby. 5. RIGHT TO APPEAL Mayor Ashiku read the appeal process. 6. CONSENT CALENDAR M/S Smith/Larson approving items a through g of the Consent Calendar as follows: a. Approved Records Destruction and Authorized the City Clerk to Dispose of the Records; b. Approved Budget Amendment of $17,775 to City of Ukiah's Water Treatment Plant Improvement Project, Account #820-3908-250-000, for Required FEMA Floodway Study; c. Submittal of Amended Agenda Summary Report "Authorization of the City Manager to Negotiate and Enter Into a Professional Consulting Services Agreement with Brown and Caldwell Environmental Engineers and Consultants to Provide Design Services and Prepare Construction Documents for the City of Ukiah's Wastewater Treatment Plant Improvement Project"; d. Adopted Resolution 2003-11, Approving Amendment to Resolution Approving Application for CDBG Planning and Technical Assistance Grant on Behalf of Plowshares; e. Rejected Claim for Damages Received From Robert Jackson and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; f. Awarded Construction Contract to AFM Environmental Inc. in the Amount of $11,480 for Class 2 Asbestos Work at 410 Waugh Lane, Ukiah, Specification 02- g. 28 , Approved Budget Amendment for Cable Franchise Renewal Negotiations in the Amount of $15,000. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember Libby. Regular City Council Meeting November 6, 2002 Page 2 of 9 7. AUDIENCE COMMENTS ON NON -AGENDA ITEMS No one came forward to address Council. 9. NEW BUSINESS 9a. Presentation by Kennedy/Jenks Consultants Relative to Development of An Urban Water Management Plan for the City of Ukiah Sachiko Itagaki, Civil Environmental Engineer with Kennedy/Jenks Consultants, provided a visual presentation to Council concerning the Urban Water Management Plan (UWMP). She advised that Kennedy/Jenks Consultants prepared the UWMP and discussed why the City needs a Plan, what is actually in the Plan, and what does the future of Urban Water Management planning mean for Ukiah. She discussed the Urban Water Management Planning Act (Act) and its goals and requirements to meet these goals. The UWMP is required for eligibility for Department of Water Resources' loans and grants for water infrastructure rehabilitation, groundwater storage/recharge/ management, drought assistance, and implementation of the Demand Management Measures (DMM). The DMM may be reviewed by the State Water Resources Control Board (SWRCB) in their issuance and consideration of recycled water loans/grants. Ukiah has a Water Shortage Emergency Plan adopted in 1977 with 3 stages of water rationing. She described the 14 Water Demand Management Measures and what Ukiah is doing now. She continued with a discussion of the use of recycled water and the future of the UWMP. The adopted Plan has been submitted to DWR for review. There are more water quality elements that are beginning to come into Urban Water Management Planning. The UWMP may be required for all state funds, not just those issued by DWR's state board. Discussion followed between Council and Ms. Itagaki concerning the Urban Water Management Plan. The study produced by the State Department of Health Services water assessment study was briefly discussed and it was noted that some of the information contained in that study were used in the UWMP. Pre 1949 water rights and permits were also discussed. 8. PUBLIC HEARING 8a. Introduction of Ordinance Prezoning Two Parcels of City -Owned Property Adjacent to the City Limits Planning Director Stump advised that due to an error in the public noticing procedures, this project is not ready for the City Council's consideration at this time. It is anticipated that it will be agendized for a public hearing and action at the City Council's November 20, 2002 regularly scheduled meeting. Consensus of Council was to continue the project for appropriate noticing. 8. PUBLIC HEARING 8b. Adoption of the Resolution Approving the 2002 Mendocino County Regional Bikeway Plan Deputy Public Works Director Seanor advised that this Plan was prepared by Mendocino Council of Governments (MCOG) Technical Advisory Committee and he is the City's representative on that Committee. All the representatives from the various Regular City Council Meeting November 6, 2002 Page 3 of 9 incorporated cities in Mendocino County compiled lists of bikeway projects. Some jurisdictions have their own bikeway plan as is the case with Ukiah. The plan before Council has been adopted by MCOG. He provided descriptions of the three classes of bikeways, the Ukiah projects that fit into each class, and the location of the projects. Staff recommends Council adopt a Resolution to adopt the 2002 Mendocino County Regional Bikeway Plan. With adoption of this Plan and the City's Bicycle Plan in place, the City would be eligible to apply for Bicycle Transportation Account Funds and secure funding for additional projects. Public Hearing Opened: 7:16 p.m. Ana Araiza, Ukiah, questioned staff regarding the location of the proposed bikeway on Empire Drive and parking that may need to be eliminated in order to accommodate the bikeway on the narrow street. Director Seanor advised that the location of the bikeway has not been determined yet and that this is only a recommended project. He explained that because of the width of Empire Drive and in order to allow for two travel lanes and the bike lanes, parking would need to be restricted on one side of the street. Buni Kobbe, Ukiah, commended the City for its work on bike paths. Public Hearing Closed: 7:19 p.m. M/S Larson/Smith adopting Resolution No. 2003-12, adopting the 2002 Mendocino County Regional Bikeway Plan, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember Libby. 9. NEW BUSINESS 9b. Report to Council Regarding Operating Procedures Established by the City of Ukiah in the Event of a Water Shortage Emergency Public Utilities Director Barnes advised that the City has an emergency curtailment water plan. Each stage defines actions that the City must take to implement the curtailment program and actions required by citizens of Ukiah for each stage of curtailment implemented. He noted that this summer staff requested conservation from citizens and received a good response. City Manager Horsley discussed an incentive program that was approved by a previous Council several years ago. If someone has a water leak and they repair it within one month of receiving their water bill, the City will split the cost of any excess over and above what their water usage was for the same month in the previous year. It has caused many immediate repairs on water leaks since that policy was put into effect. Director Barnes explained that staff is constantly encouraging conservation through the City's web site and brochures placed in the lobby at City Hall. Regular City Council Meeting November 6, 2002 Page 4 of 9 Discussion followed with regard to the leak detection program and how it works. It was noted that the City's meter readers are also good at detecting water leaks since they are aware of what normal usage is and can detect a high reading on the meters. Other forms of detecting leaks were discussed. Councilmember Baldwin expressed concern and inquired that last year's rainfall was not far from normal and why is the lake so dry this year? Director Barnes explained that there are many reasons for why Lake Mendocino is dry this year other than typical rainfall. Water releases and how the water releases are used downstream all have an effect on the lake level. City Manager Horsley explained that another reason for the current dryness of the lake is due to the Lake Pillsbury being allowed to cut back at that level and Lake Mendocino was three times higher as far as the release. Councilmember Baldwin inquired as to the cost of a groundwater management plan so we would know what the status of our groundwater versus river water. Sachiko Itagaki advised that she would be hesitant to put a dollar amount to the project. She described what is contained in an AB3030 groundwater management plan. It is important to understand how your groundwater is being used and having a good handle on the amount of pumping being done. Groundwater management is a voluntary program in the state of California and often it is undertaken by a regional agency that has that authority. City Manager Horsley explained that when Paula Whalen recently made a presentation to Council, she discussed the fact that the entire valley needs to do a hydrological study of the Russian River underflow, how it reacts with wells, and what is really groundwater. The Russian River Flood Control District has talked about that and there has been an attempt at a coordinated effort to produce the study. 9. NEW BUSINESS 9c. Presentation by Ross Mayfield and Possible Action Regarding Eel River Diversion Project City Manager Horsley advised that the presentation is regarding the diversion of Eel River water during the winter months and a possible storage of water. This matter was brought before the Board of Supervisors, however, they pulled the item because it said that they would be the lead agency and they were unsure if they wanted to do that. The Board is still discussing the matter and has not provided their approval or support. Don Buta, Executive Director of the Redwood Valley Water District (Water District), advised that some time ago, Redwood Valley was in a situation where their surplus water agreement could be in jeopardy with the Russian River Flood Control and Irrigation District. About eight years ago, former Supervisor John Pinches presented the idea of taking high winter flow water from the Eel River and piping it to a reservoir site. A previous Redwood Valley Water District Board (Water Board) decided to make an application for a permit and nothing has been done with the permit since that time. Regular City Council Meeting November 6, 2002 Page 5 of 9 Earlier this year, the Water Board decided to hire Ross Mayfield and Associates to develop the project. It was determined that no action regarding the application had ever been taken and the permit was still available to them. Ross Mayfield, consultant for the Redwood Valley Water District, drew attention to the transport of water from Mendocino County to San Diego and noted the importance of keeping Mendocino County water here. He briefly discussed a proposed feasibility study. Dallas Miller displayed graphs and photos of the winter flows of the Eel River. He discussed the removal of water from the Eel during wet and dry years. Their application requests to be allowed to remove 56,000 acre-feet of water each year from the Eel River. George Rau, Civil Engineer in Ukiah, noted that traditionally, Mendocino County has not planned for its water needs. Some of the driving influences are that the county of origin source of water is becoming very important and noted that Lake Pillsbury is located in Lake County, not Mendocino County. He stated that there is a study to raise the level of Lake Mendocino and it wouldn't be overshadowed by this project. He discussed the concept of pumping water along the railroad tracks and environmental factors to consider. The Eel River is a wild and scenic river and withdrawal of water from the river can't be by traditional methods. They propose an off stream pumping station with a horizontal gallery below the river so that the collection could be taken from the bottom of the river and that riparian habitat would not be affected. He discussed various reservoirs in the area. Mr. Mayfield discussed the Eel River water rights applications and its scenic river designation. They have contacted countywide agencies and Indian tribes, researched and provided information on operations and organizations in existing water agencies to these organizations, and they have detailed information on Sonoma County's Water Agency history and the history of the transmission system. Discussion followed with regard to their water rights application for 56,000 acre feet, formation of a transmission district, selection of a lead agency for the project, creating an advisory committee, promotion of a coalition to support water interests in Mendocino County, and funds to be allocated for the feasibility study. It was noted there would be a need for a large quantity of land to accommodate water storage. Mr. Buto explained that they are asking for a resolution of support from the City Council for the County of Mendocino to act as lead agency for the feasibility study. He felt that the project would benefit all cities in the County with regard to more water being available. It was the Consensus of Council present that the City Manager draft a resolution of support for the project and agendized the matter for the December 4, 2002 City Council meeting. Consensus of Council was that the newly elected City Council members should take the mater under consideration. Regular City Council Meeting November 6, 2002 Page 6 of 9 Recessed: 8:35 p.m. Reconvened: 8:45 p.m. 8:45 p.m. — Councilmember Smith recused himself from the meeting due to a possible conflict of interest on the next agenda item. 9. NEW BUSINESS 9d. Adoption of Resolution Authorizing 2002-03 Grant Funding for Community Based, Non -Profit Organizations Risk Manager/Budget Officer Harris explained that a total of $127,863 in requests were received from 26 entities for the $30,000 available for the 2002-03 grant funding to community based, non-profit organizations. The Councilmember/Staff committee met and reviewed each application in detail and is recommending funding of $20,050 rather than the entire $30,000. The committee stated that the remainder of the funds be carried over to next year's allotment or Council could consider utilizing those funds (approximately $9,000) for a major project that would have a significant impact on the community at large. Discussion followed with regard to the funding of large projects that would benefit the community and whether Council should carry the remainder of the funds over to the next funding cycle for future projects. M/S Larson/Baldwin adopting Resolution No. 2003-13 authorizing 2002-03 grant funding for community based, non-profit organizations, and that the remainder of the budgeted allocation be carried over to the next funding cycle, carried by unanimous consensus of Council present. 9:48 p.m. - Councilmember Smith returned to meeting. 9. NEW BUSINESS 9e. Approval of Landscape Improvements and Funding for the Grace Hudson Museum Parking Lot and Orchard Park Community Services Director DeKnoblough advised that staff is not asking for any funding from the Council at this time but rather approval for landscape improvements at the Grace Hudson Museum parking lot and Orchard Park. Staff is recommending $29,240 of the $96,000 currently budgeted for playground equipment replacement be reallocated to cover the cost of the landscape improvements. Additional funds for playground replacement are available in the special project reserve fund and the disbursement of per capita allocations from the 2002 Park Bond Act, which is estimated at $220,000. M/S Ashiku/Baldwin approving the landscape improvements and funding of $29,240 of the $96,000 currently budgeted for playground equipment replacement be reallocated to cover the cost of the landscape improvements for the Grace Hudson Museum parking lot and Orchard Park, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember Libby. Regular City Council Meeting November 6, 2002 Page 7 of 9 1 1 1 9. NEW BUSINESS 9g. Report and Possible Action Regarding Martin Luther King,Jr. Day Sponsorship City Manager Horsley advised that she has been informed by Lecretia Peoples that the Martin Luther King, Jr. Day Committee does not have a non-profit status. However, they feel there is a great deal of sponsorship and support in the community that they would not have a problem funding their event. This year they are not requesting any money from the City, only that they be allowed to use the facilities, have the banner fee waived, and that the City provide a letter of support "Moving Beyond Tolerance". M/S Smith/Baldwin supporting items 1 through 5 of the request from the Martin Luther King, Jr. Day Committee, carried by unanimous consent of Council present. 9. NEW BUSINESS 9h. Approval of Revisions to Civic Center Addition Councilmember Larson inquired as to how long the City would need to store the bicycles. City Manager Horsley explained that the City legally has to keep them for about eight months. She noted that once a year the Police Department has a bicycle auction. Anything that they can't sell is disposed. There was a brief discussion concerning the feasibility of other City owned property where the bicycles could be stored and that having the storage closer to the Police Station was more practical. M/S Ashiku/Smith approving revisions to Civic Center Addition, carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, and Mayor Ashiku. NOES: Councilmember Larson. ABSTAIN: None. ABSENT: Councilmember Libby. 10. COUNCIL REPORTS Councilmember Larson reported attending a recent meeting of the Solid Waste Management Authority. A new program would collect mercury thermometers and exchange them for non-toxic and non -mercury thermometers. The program is cosponsored by the County Health Department and some outreach to dental labs. Councilmember Smith reported that NCPA recently concluded the hydroelectric project swap successfully. They issued a memo discussing how the interest rates were moving at a rapid pace and fluctuate so that savings could potentially be $100,000- $200,000 in a time span of minutes. By the time they got it all put into place it saved the project participants an additional $120,000 over what was originally projected. The savings for Ukiah was originally projected of $111,861 with an additional $120,000, bring Ukiah's savings to $114,309. He reported that a mayors energy meeting is scheduled for November 17-19 in Santa Clara. Mayor Ashiku encouraged Council's NCPA representative to attend that meeting. Regular City Council Meeting November 6, 2002 Page 8 of 9 Councilmember Smith explained that he most likely would attend the opening reception on November 17 but the next day he leaves on vacation. The mayors' meeting is being hosted by NCPA. He advised that the Strategic Planning Workshop is scheduled for January 21-23, 2003 at the Radisson Hotel in Sacramento. He advised that the video he requested concerning a historical perspective of the Russian River is very interesting and available to other Councilmembers. The video deals primarily with the Russian River located to the south of Ukiah. The Main Street Board will meet tomorrow. He advised that he would not be able to attend the November 20th City Council meeting because he will be on vacation. 11. CITY MANAGER/CITY CLERK REPORTS City Manager Horsley advised that Staff is planning a Council reception on December 4th to say goodbye to the Mayor and welcoming new Councilmembers and new Mayor. It is tentatively set for 5:30 — 6:15 p.m. She prepared a memo to Council regarding the Masonite water rights and its potential affects on the City. City Clerk Ulvila advised that the recent election for Mayor and Council was very close. She spoke to the Mendocino County Elections Department today and was advised that they hoped to have the election certified within 28 days. There are also about 150 absentee and provisional ballots that need to be counted and they anticipate that to be completed by November 15th 9:06 p.m.: Adjourned to Closed Session. 12. CLOSED SESSION a. Conference with Labor Negotiator G.C. §54957.6 Employee Negotiations: Fire Unit Labor Negotiator: Candace Horsley, City Manager b. Conference with Labor Negotiator G.C. §54957.6 Employee Negotiations: Miscellaneous Unit Labor Negotiator: Candace Horsley, City Manager 13. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 9:40 p.m. Marie Ulvila, City Clerk Regular City Council Meeting November 6, 2002 Page 9 of 9