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HomeMy WebLinkAboutMin 12-18-02MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, DECEMBER 18, 2002 The Ukiah City Council met at a Regular Meeting on December 18, 2002, the notice for which had been legally noticed and posted, at 3:06 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Andersen, Smith, Baldwin, and Mayor Larson. Staff present: City Manager Horsley, Risk Manager/Budget Officer Harris, and City Clerk Ulvila. Mayor Larson advised that the timed Agenda Item is to allow the City Council to interview all of the candidates that have applied for appointment to the City Council position. Some of Council's questions included the following: - What is your general overall view of land use planning, especially in regards to projects such as hillside development, housing verses retail development, etc.? - If you want to sit on the City Council, then why haven't you run for City Council before in an open field of candidates? - What are your concerns relative to water in the Ukiah valley and the City? - Some key land use planning issues heard before the Planning Commission and the City Council. Among these are controversies about zoning at the Airport Business Park, the Hull/Piffero subdivision, sign ordinances, nuisance's ordinance, and hillside constraint analysis. How many Planning Commission and City Council meetings have they attended regarding those key controversial hearings? - Do you have a key to preventing gang violence in the community? - Would you like to comment on wood stoves in the Ukiah valley? - There is a new $3,000 vehicle that has two wheels that people can stand on and has been banned from the sidewalks of San Francisco. Would you consider banning those vehicles from the sidewalks in Ukiah? - What is the definition of the phrase "is not a granting of special privilege", in terms of land use. - What is your opinion on a number of years ago when the voters elected to change the office of Mayor from an appointed position from among the Councilmembers, to an elected position, and has it been beneficial to the City? Each candidate was given 10 minutes with the City Council. The candidates included Ted Bertsch, Robert Farnbach, Jay Ruzicka, Mari Rodin, Ana Araiza, Mary Lindley, Joyce Boghosian, Kevin Jennings, Judy Pruden, Matthew Wilson, Kay Allensworth, and Dotty Coplen. 4:00 p.m.- Recessed. 4:10 p.m. - Reconvened. 5:00 p.m. - Recessed. 5:07 p.m.- Reconvened. 6:00 p.m. - Recess 6:30 p.m.- Reconvened. Regular City Council Meeting December 18, 2002 Page 1 of 9 Roll was taken and the following Councilmembers were present: Andersen, Smith, Baldwin, and Mayor Larson. Staff present: Customer Service Supervisor Archibald, Water/Sewer Operations Superintendent Borecky, Community Services Director DeKnoblough, Risk Manager/Budget Officer Harris, City Manager Horsley, City Attorney Rapport, Public Works Director Steele, Planning Director Stump, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Planning Director Stump led the Pledge of Allegiance. 3. SPECIAL BUSINESS 3a. Adoption of Resolution Making Appointment to the City Council to Fill Term ExDirin~ November 2, 2004 Dick Arneson, 1220 Vista Verde, Ukiah, read into the record a statement in support of Mary Lindley being appointed to the City Council. M/S Larson/Baldwin nominating Kevin Jennings to fill the unexpired Council term of Eric Larson, failed by the following roll call vote: AYES: Mayor Larson. NOES: Councilmembers Andersen, Smith, and Baldwin. ABSTAIN: None. ABSENT: None. M/S Baldwin/Andersen nominating Dotty Coplen to fill the unexpired Council term of Eric Larson, failed by the following roll call vote: AYES: Councilmembers Andersen and Baldwin. NOES: Councilmember Smith and Mayor Larson. ABSTAIN: None. ABSENT: None. M/S Smith/Andersen nominating Mary Lindley to fill the unexpired Council term of Eric Larson. Councilmember Baldwin responded to the suggestion that Council appoint the next highest vote getter from the recent election and noted that this issue should convince many people that an alternative process is needed for selecting the Mayor. He advised that since 1986, there has been a precedent to avoid appointing the next highest vote getter. Motion failed by the following roll call vote: Smith. NOES: Councilmember Baldwin ABSENT: None. AYES: Councilmembers Andersen and and Mayor Larson. ABSTAIN: None. M/S Andersen/Baldwin nominating Judy Pruden to fill the unexpired Council term of Eric Larson, failed by the following roll call vote: AYES: Councilmembers Andersen and Baldwin. NOES: Councilmember Smith and Mayor Larson. ABSTAIN: None. ABSENT: None. M/S Larson/Andersen nominating Mari Rodin to fill the unexpired Council term of Eric Larson. Councilmember Andersen and Smith provided comments regarding their support of the nomination. Regular City Council Meeting December 18, 2002 Page 2 of 9 Motion carried by the following roll call vote: AYES: Councilmembers Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. M/S Smith/Baldwin adopting Resolution 2003-18, making the appointment of Mari Rodin to fill the unexpired Council term of Eric Larson expiring November 2004, carried by the following roll call vote: AYES: Councilmembers Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. City Clerk Ulvila administered the oath of office to appointed Councilmember Mari Rodin. Mayor Larson discussed the difficulty of making such a decision and he thanked all of the candidates for taking the time to submit their applications and be interviewed. 4. APPROVAL OF MINUTES 4a. Regular Meeting of December 4, 2002 Councilmember Andersen advised that a name was misspelled on page 5, second to last paragraph and should read, "Darca Nicholson, 798 South Spring Street, voiced her concern that the trees would be protected". M/S Baldwin/Andersen approving the Regular Meeting Minutes of December 4, 2002, as amended, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 5. RIGHT TO APPEAL Mayor Larson read the appeal process. 6. CONSENT CALENDAR M/S Smith/Baldwin approving items a through f of the Consent Calendar as follows: a. Received Report of Disbursements for Month of November 2002; b. Received Notification of Purchase and Installation of Diesel Fuel Day Tank for the Emergency Generator at the Wastewater Treatment Plant by Cummins West Inc. in the Amount of $7,197.12; c. Rejected Claims for Damages Received From John P. Banks and Roselyn Pittelkau and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; Received Notification to Council Regarding the Award of Bid for 6,000 Ft. of 4/0 AWG Conductor Cable to Hendrix, C/O Stephens, McCarthy & Lancaster in the Amount of $8,494.20; Adopted Ordinance No. 1042 Rezoning Portions of Assessor Parcel Numbers 003- 040-74, 745, and 76 from C-1 (Community Commercial) and C-2 (Heavy Commercial) Zoning Classifications to the R-3 (High Density Residential) Zoning Classification; Adopted Resolution 2003-19 Authorizing Investment of Monies in the Local Agency Investment Fund. d! e. Regular City Council Meeting December 18, 2002 Page 3 of 9 Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Mr. Jade Tippett, 814 Jackson Avenue, Ukiah, provided a personal analysis and opinion as to why a skate park is needed in Ukiah. Ana Araiza, Ukiah, invited the City Council to participate in an event at Project Sanctuary is holding on January 17th at 6:30 p.m. at the Court House called "Take Back The Night". They would like the Mayor to read a pledge to end rape against women and for the entire Council to participate. Mary Lindley, 700 East Gobbi Street, congratulated Mari Rodin on her appointment to the Council. She requested that the City Council place on a forthcoming agenda the matter of placing a ballot measure before the voters to elect all five Councilmembers as well as rotating the Mayor position. Mayor Larson advised that he would prefer to organize a "town meeting" whereby citizens can discuss the matter before it is agendized before the City Council. Richard Shoemaker, 115 Brush Street, welcomed the new Councilmembers to the City Council and advised that he has information from "The Center for Voting and Democracy" on a case for instant runoff voting. He felt it is a system that could be modified and used by the City Council. John McCowen was supportive of a ballot measure whereby the Mayor would be elected from among the five elected Councilmembers. Dick Arneson advised that he is a member of the South Ukiah Rotary Club and that many years ago a site in the Low Gap Road area was set aside for the Bob Walker Memorial Grove. The Rotary Club has had an opportunity to discuss the need for a skate park in Ukiah and it appears that the majority of its members are supportive of having the park setting removed and use the site for a skate park for the kids of Ukiah. If the site is adaptable to the uses needed for a skate park, he was certain that the City would have the support of the business community. City Manager Horsley clarified for the record that the City Council has taken action and is in the process of evaluating three sites and the evaluation should be completed by April of 2003. Proceeds from the sale of the North State Street Fire Station could be used if funds are needed to buy one of those sites. Staff has met with the Skateboard Committee and has agreed with that plan and will be making a recommendation to the City Council. She felt it is time to focus on fundraising to build the Skateboard Park and noted that some businesses in the community are looking forward to assisting with the effort. 8. PUBLIC HEARING 8a. Adoption of Resolution Revising Schedule of Permit and Meter Fees and Schedule of Fines for City of Ukiah Municipal and California State Vehicl.-, Regular City Council Meeting December 18, 2002 Page 4 of 9 Code violations Within Municipal Parking District 31 Community Services Director DeKnoblough provided Council with background information concerning the City's Parking District. He discussed actions taken by Council to improve parking utilization or create new spaces in the downtown area. He discussed capital improvements needed at the parking lots that include the replacement of parking meter heads and resurfacing and striping. Staff was successful in obtaining a grant from Mendocino County RELE^F to plant trees in Lot C (adjacent to the library on Main Street) and a grant to do the perimeter of the lot with landscaping. However, there are three other lots that really need landscaping, pedestrian walkways within the lot, and handicap access parking and alternative transportation such as bicycles and electric vehicles. Meter and parking fees, as well as fines have not been adjusted in a long time and consequently the operating cost for the Parking District continues to increase disproportionately to revenues. He advised that maintenance and operation costs have increased 47% as opposed to a 12% increase in the revenues. He discussed the parking fee and fine proposal developed by staff provide a gradual phasing of those fees. City Manager Horsley advised that staff would be returning to Council with a long- range parking study. Staff does not want to miss any opportunities to either purchase land or to develop additional parking in the downtown area. Staff will also be asking Council at a future meeting to approve a study to determine the City's parking needs for the next 10 to 20 years and how much parking will be needed in the downtown area and the best ways to accomplish that plan. Customer Service Supervisor Archibald explained that the plan is to adjust these fees over a period of four years and that the goal over that four-year period is to maintain some consistency and a standardized amount, and to eventually have all of the downtown parking lots have a parking charge of $25. Discussion followed regarding how the increased revenues could be used to cover costs for operation, maintenance and capital improvements. It was noted by staff that his is an Enterprise Fund and the revenues have to pay for the expenses. There was discussion concerning a comparison of Ukiah's fees with other cities and it was noted that Ukiah's fees were lower. Staff would continue to evaluate the program on a yearly basis if adopted. A brief discussion was had concerning innovative ideas for selling old meter heads. Public Hearing Opened: 7:32 p.m. Terry Poplawski and Judy Pruden voiced their support of increasing the parking fines and that the City should not be operating at a deficit in the Parking District. Mr. Poplawski noted that Microphor, a Willits firm, is making parking meters and the City may want to contact them. Ms. Pruden recommended that the fee structure be higher. Public Hearing Closed: 7:36 p.m. Regular City Council Meeting December 18, 2002 Page 5 of 9 Councilmember Andersen noted that if there were some assurance that a portion of future revenue increases would be allocated toward a parking plan, building more parking lots or structures, then he would be supportive of the proposal. He did not have a problem with parking fines. Councilmember Rodin was of the opinion that the phasing is too gentle and it should be increased more quickly. The City should discourage people from violating parking regulations by increasing the fines. Councilmembers Baldwin and Smith voiced their support of staff's recommendation. Mayor Larson supported staff's recommendation and felt that the City's fees are Iow in comparison to other cities. He would like to revisit the matter in a year and before Phase II is implemented. M/S Baldwin/Smith adopting Resolution 2003-20, adjusting certain fees and fines for Downtown Parking District #1. Upon questioning by Councilmember Andersen, City Manager Horsley advised that Staff should be returning to Council within the next three months for approval to go out for a parking plan RFP. The money from the fines, etc. will help fund improvements to the parking lots. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, and Mayor Larson. NOES: Councilmembers Rodin and Andersen. ABSTAIN: None. ABSENT: None. 9. UNFINISHED BUSINESS 9a. Apl~ointment of Councilmember to the General Plan Housing Element Updat~ Committee Planning Director Stump advised that last October, the City Council approved the Housing Element Update Request for Proposals and approach to managing the project. The Council agreed with Staff's recommendation to form a Committee to help manage the program and oversee the process. The Committee would include representatives from the City Council, Planning Commission, Staff, Low and Moderate Income Housing Advisory Committee, a member of the business community, and a citizen with an interest in housing. He recommended that Council select a Councilmember to serve on this committee. M/S Baldwin/Smith selecting Councilmember Andersen to participate on the General Plan Housing Element Update Committee, and carried by the following roll call vote: AYES: Councilmembers Rodin, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: CouncilmemberAndersen. ABSENT: None. 10. NEW BUSINESS 10a. A_DDroval of Extending Traffic Siqnalization Fund for South Orchard Avenuc and East Gobbi Street Regular City Council Meeting December 18, 2002 Page 6 of 9 City Manager Horsley advised that staff requests this matter be pulled and it will be rescheduled. 10b. Introduction of an Ordinance Placing a Limitation on New Connections to the City of Ukiah Sewer System Water/Sewer Operations Superintendent Borecky explained that the wastewater treatment plant is near capacity and the firm of Brown and Caldwell has been hired to engineer the upgrades to the plant and to evaluate the current capacity. It is anticipated that this would be completed within the next six months. In the meantime, the City needs to limit the amount of connections to its system. He explained that the Ukiah Valley Sanitation District has adopted a similar ordinance as to what staff is presenting to Council at this meeting. Councilmember Baldwin inquired if it is conceivable that over the next three to four months that things could get even tighter and that staff would be returning with a stricter concept. Mr. Borecky responded that it is very possible. He noted that the wastewater treatment plant would not be accepting septage for the near future, as it would take up critical capacity. He responded to questioning by City Attorney Rapport with regard to sub- section A on page 2 where it says that "No new connections shall be permitted for any project greater than five units in size and requires the extension of a sewer main", by defining what is meant by that section. M/S Baldwin/Smith introducing Ordinance by Title Only; carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. City Clerk Ulvila read the title of the ordinance: "Ordinance of the City Council of the City of Ukiah placing a limitation on new connections to the City sewer." M/S Baldwin/Smith introducing Ordinance; carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10c. Approval of Health Benefits for Year-Round, Part-Time Employees City Manager Horsley advised that, as negotiator for the City, she met in closed session with the City Council to discuss the possibility of providing health and welfare benefits to the City's year-round, part-time employees who work an average of 20 hours or more per week during the year. This benefit would provide such employees with 50% of the flat rate that full-time employees currently receive. Staff feels this would help to encourage employees that work part-time to stay with the City because they will have health benefits. M/S Smith/Baldwin approving the provision of health and welfare benefits for year- round, part-time employees, as presented in the Staff Report; carried by the following Regular City Council Meeting December 18, 2002 Page 7 of 9 roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10d. Cancellation of January 1, 2003 City Council Meetin~ City Manager Horsley advised that since the January 1st New Year's holiday falls on the first Wednesday of the month, she requested Council cancel the next regularly scheduled City Council meeting. After polling each of the Directors relative to any critical items of business for their Departments, it appears there is no pressing items that cannot be scheduled for either the December 18, 2002 or January 15, 2003 City Council meetings. It was the unanimous consensus of Council to cancel the January 1, 2003 City Council meeting. 11. COUNCIL REPORTS Councilmember Andersen reported that he received some information from the American Lung Association with regard to the city of Santa Rosa requiring the use of clean burning natural gas by their new solid waste management contractor (North Bay Corporation) so as to significantly reduce harmful diesel emissions in neighborhoods and improve public health. He would like to address this matter when the City negotiates its next contract with its waste management contractor. Councilmember Baldwin reported that he visited the puppet exhibit at the museum and encouraged others attend. He noted that recently the Press Democrat reported that the Santa Rosa City Council is dealing with a charter amendment voted into affect at the recent election that would give each Councilmember the right to appoint their own commissioners. He was very supportive of this action. Mayor Larson reported he lit the City's Christmas tree. He also represented the City at the funeral for Ron Lemmerz who was a 40-year volunteer for the City's Fire Department. The funeral was very moving and well attended by firefighters and there was a procession of fire vehicles from the mortuary to the cemetery. He attended the Police Officer's dinner and they awarded him a gift certificate for a hair cut at the Marine Recruiting Center. He also attended the City of Ukiah Employees Association Christmas dinner. He attended the Sun House Guild Open House and was given a tour of the puppet exhibit. 12. CITY MANGER/CITY CLERK REPORTS City Manager Horsley advised that a letter was received today from the Russian River Flood Control Water Conservation Improvement District asking the City to apply for its water with the District. She discussed the state budget deficit and how Ukiah may be affected as a rural city. The state is considering closing Ukiah's CDF base and Senator Chesboro is working with the City to try to prevent this closure. The state is also considering mid-year transportation cuts and the City could potentially lose a lot of money for roads and Regular City Council Meeting December 18, 2002 Page 8 of 9 maintenance. She has asked Phil Dow at MCOG to keep the City informed regarding transportation issues. She provided Council with information concerning a California Rural Counties Task Force issue concerning the state budget crisis and its impact on transportation issues. She reported that on January 30th, REMIF, the City's insurance carrier, will be having their annual meeting and training in Ukiah and have invited Councilmembers to their dinner. The City received a letter from the County of Mendocino Public Health Department and they will be holding a special forum, "The Rural Challenge", as a first annual countywide collaborative action-planning forum. It is scheduled for December 13 and January 9th in Ukiah 8:09 p.m.: Adjourned meeting to Closed Session 13. CLOSED SESSION a. Conference with Legal Counsel, Anticipated Litigation, Initiation of Litigation Pursuant to G.C. §54956.9 (c) - 1 Case 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 9:00 p.m. Marie Ulvila, City Clerk Regular City Council Meeting December 18, 2002 Page 9 of 9