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.
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November 6, 2002
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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.
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November 6, 2002
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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
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November 6, 2002
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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.
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November 6, 2002
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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.
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November 6, 2002
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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.
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November 6, 2002
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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.
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November 6, 2002
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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.
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November 6, 2002
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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
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