HomeMy WebLinkAboutMin 01-15-03MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JANUARY 15, 2003
The Ukiah City Council met at a Regular Meeting on January 15, 2003, 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: Rodin, Andersen, Smith, Baldwin, and Mayor Larson.
Staff present: Public Utilities Director Barnes, Finance Director Elton, Assistant City
Manager Fierro, Risk Manager/Budget Officer Harris, City Manager Horsley, City
Attorney Rapport, Deputy Public Works Director Seanor, Public Works Director Steele,
Planning Director Stump, and City Clerk Ulvila.
Mayor Larson expressed condolences to the family of Gordon Logan, City Manager for
the City of Willits, who recently had a fatal heart attack. Mr. Logan will be missed by the
City of Willits and Mendocino County for his outstanding work in government and as a
private citizen.
2. PLEDGE OF ALLEGIANCE
Ana Araiza led the Pledge of Allegiance.
3. PROCLAMATION/PRESENTATION
3a. Proclamation: Martin Luther King Day Event, January 19-20, 2003
Mayor Larson read a Proclamation in support of the Martin Luther King Day Event
being held on January 19 and 20, 2003, and urged all citizens to actively participate in
the scheduled activities and programs to honor the memory and significant contributions
of this outstanding human being.
Ana Araiza accepted the Proclamation on behalf of the Martin Luther King Observance
Committee and discussed the program of events.
3. PRESENTATION
3b. Update of Ukiah Valley Cultural and Recreation Center Fundraisin~ Efforts
Marvin Trotter -
Marvin Trotter reported that with the help of Senator Chesbro's office, they might be
approved for $1 million in funding in February through the School District. Their
fundraising has raised approximately $375,000 of the $500,000 goal for the Angel
program to date. The Center has a $4.5 million goal. One million dollars of these funds
will be coming from the County of Mendocino Tobacco Funds and $1 million from the
City's Community Development Block Grant (CDBG). They asked for $500,000 from
the Foundation and it is hoped it will also be funded. It is hoped that $1 million will be
raised in community funds, $500,000 from the 100 Angel Program and $500,00 of room
naming, etc.
The City Council expressed their appreciation for Dr. Trotter's efforts.
Mayor Larson announced that item 9a has been postponed.
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January 15, 2003
Page 1 of 16
4. APPROVAL OF MINUTES
4a. Regular Meeting of December 18, 200~
Councilmember Smith recommended a correction to page 6, second to
paragraph, to read "M/S Baldwin/Smith selecting Councilmember Andersen
participate on the General Plan Housing Element Update Committee..."
last
to
Councilmember Andersen recommended a correction to page 2, ninth paragraph to
read "M/S Andersen/Baldwin nominating Judy Pruden to fill the unexpired Council term
of Eric Larson ..."
M/S Smith/Rodin approving the Regular Meeting Minutes of December 18, 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
City Clerk Ulvila advised of a typographical error on item 6h. The amount should read
$5,546 rather than $5,548.
Councilmember Andersen requested that item 6g, Approval of Notice of Completion
for 2000 STIP Arterial/Collector Rehabilitation Project, Specification No. 02-15, be
pulled from the Consent Calendar for further discussion.
Mayor Larson advised that item 6g would become item 10k on the agenda.
Ana Araiza, Ukiah, noted that last month she had requested an item be included on this
meeting's agenda.
Mayor Larson instructed Ms. Araiza to bring the matter to Council's attention under
"Audience Comments on Non-Agenda Items" on the agenda.
M/S Smith/Andersen approving items a through f and h through i of the Consent
Calendar as follows:
a. Received Report of Disbursements for Month of December 2002;
b. Adopted Resolution 2003-21 Approving City of Ukiah Qualified Contractors List for
2003;
c. Rejected Claims for Damages Received from Matt and Michelle Smith and Randy
Wilbur Peters and Referred to Joint Powers Authority, Redwood Empire Municipal
Insurance Fund;
d. Awarded Bid for High Voltage Line Clearing and Tree Trimming at Various Locations
Within the City of Ukiah to Davey Tree Surgery Company in an Amount Not to
Exceed $30,000;
e. Awarded Bid for Sodium Hydroxide to UNIVAR USA for the Sum of $341 41 Per Dry
Ton; '
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January 15, 2003
Page 2 of 16
f. Awarded Bid for Sodium Hypochlorite to Pioneer Americas, Inc. for the Sum of $.569
Per Gallon;
h. Received Report of the Acquisition of Emergency Traffic Signal Repair Services
From Republic Electric in the Amount of $5,546;
i. Adopted Ordinance 1043 Placing a Limitation on New Connections to the City of
Ukiah Sewer System
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
Ana Araiza, Ukiah, discussed the "Take Back The Night" event for Project Sanctuary
that will be held on January 17th in front of the Courthouse at 6:30 p.m. They are
requesting that the Mayor attend the event and read a pledge and requested
confirmation that the Mayor would be able to attend this event.
Gabriela Burleson, drew attention to a proposed park in the Cindee Drive/Orchard
Avenue area and asked that a basketball court be included in the park for the
teenagers. She also requested a copy of the park plan.
Jan Moore, 1021 W. Perkins, explained that she represents a small group of Ukiah
citizens who are concerned with erosion of their constitutional rights since the passage
of the Patriot Act. She requested the City Council consider adopting a resolution stating
their intention to not be drawn into activities that threaten the constitutional rights of their
residents. They would like Council to consider this Resolution at their March 19th
meeting.
Mary Lindley, 700 E. Gobbi Street, retracted her previously stated idea of holding a
town meeting because she felt that City Council meetings "are" town hall meetings. She
asked that Council schedule a public hearing at their next or following meeting
regarding including a ballot measure at the next election concerning the election
process for City Council members and that they be elected by the voters and that the
Mayor's position be rotated among Councilmembers.
Mayor Larson inquired of the City Attorney if the Public Hearing portion of the meeting
could not be scheduled at any time after 6:30 p.m.
City Attorney Rapport explained that the Public Hearings can be scheduled at any
time and must be noticed accordingly.
Mayor Larson polled Council and it was the consensus to schedule both matters for
discussion at their next meeting.
8. PUBLIC HEARING
8a. Denial of AD_Deal Filed by Rainbow Construction, Inc. Concernin~ the Plannin~
Con, mission's Decision of Variance 02-4.a - ~
Councilmember Smith declared a conflict of interest based on a campaign contribution
and recused himself from the Public Hearing concerning this matter.
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January 15, 2003
Page 3 of 16
Planning Director Stump advised that this matter concerns an appeal of a Planning
Commission decision to deny a Sign Variance to Rainbow Construction. The City's
Municipal Code does not allow corporate flags/signs to be placed on top of roofs. It
does allow the applicant to seek relief from that Code provision by filing for a Variance.
The Planning Commission has denied the Rainbow Construction's Variance and the
applicant has appealed that decision to the City Council. He drew' attention to a section
of the Staff Report outlining options available to the City Council. It was his estimate
that a revised Sign Ordinance would be ready for Council's review this spring.
Councilmember Andersen stated that it is not clear from the staff report how Option
#3 would work and asked staff to explain. He inquired as to how the City Council could
legally allow the signs to remain standing until the draft Sign Ordinance has been
reviewed and adopted by the City Council.
Director Stump explained that since the draft Sign Ordinance is out for public review,
Council could wait and see what happens. He thought that there would be a public
review of the Sign Ordinance by the Planning Commission and to the City Council by
this spring. He did not know what the Sign Ordinance would contain at that point. The
regulations may not change or there very well may be changes, as he indicated in the
Staff Report. Staff is suggesting that a provision be allowed in the new Sign Ordinance
to display artful signage or art upon the securing of a Use Permit from the Planning
Commission. It is unknown if it will be adopted. If it were adopted, it could affect this
application.
Councilmember Andersen inquired as to how the City Council could legally allow it.
He felt it is pretty clear that it's illegal and questioned how Council could legally say that
the flags can continue to stand in the interim while we decide what we are going to do
about the Sign Ordinance.
City Attorney Rapport advised that Staff includes an agenda item under New Business
concerning the City Council's preference in enforcing the Sign Ordinance between now
and the time it is revised. The City has the discretion to enforce it or not enforce it as
long as it's not based on some illegal basis. He advised that all Council could do on this
Variance Appeal is act on the Appeal or not act on it; you can't make generalized
enforcement decisions. The City always has prosecutorial discretion and isn't obligated
to enforce every provision of the City Code rigorously. Every instance that it's aware
that there's been a violation, it has the discretion to enforce it or not enforce it as long
it's not based on some illegal basis. Staff suggested alternatives that Council might
consider. You could say that you're not going to enforce the prohibition on rooftop signs
between now and when the Ordinance is revised. You could say that you're not going
to enforce the prohibition on corporate flags where there is a Variance pending between
now and when the Sign Ordinance is amended, and just suspend enforcement for a
temporary period of time, based on some criteria that would be applied generally. It
wouldn't be focused on one person.
Councilmember Andersen inquired if there are some parts of the Code that are not
enforced.
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January 15, 2003
Page 4 of 16
Public Hearing Opened: 7:18 p.m.
Peter Richardson, owner of Rainbow Construction, addressed Council concerning his
appeal and advised that this matter could go to court. He felt that, fundamentally, this
issue is not about corporate flags on his building but how we create a sense of
community and is a balance between public interest and private interest. He
characterized the flags as creating a sense of "whimsy" in the downtown area and
expressed an interest in the Planning Commission having more discretion in their
decision making process. The City should encourage creativity in signs. He supported
tabling the matter until after the current Sign Ordinance is revised. He noted he would
be willing to meet half way on the matter so as not to cause any more conflict.
Upon questioning by Councilmember Andersen, Mr. Richardson advised that he
would be agreeable to Option #3, which would postpone a decision on his appeal until
after the current Sign Ordinance has been revised.
Jim Mastin and Myron Sawicky spoke in support of allowing the flags/banners on the
rooftop of Rainbow Construction and felt they are whimsical. Each discussed needed
revisions to the current Sign Ordinance and that the City Council is vested with
discretion.
Public Hearing Closed: 7:46 p.m.
Councilmember Rodin inquired of the City Attorney if Council has to make a finding on
the Appeal of the Variance at this meeting, as an issue separate from whether or not
Council wants to enforce violations, as they are two separate issues.
City Attorney Rapport explained that Council could vote to continue this hearing since
it has the consent from the appellant. The only issue before Council is the Appeal of the
Planning Commission decision and Council's options are to uphold, reverse, or modify
that decision on this agenda item. Under the New Business section of the Agenda,
there is an item where Council can decide how they want to instruct staff to deal with
similar situations. However, if Council's interest were to continue the matter, they would
just do that and not act on the Appeal at this time. In that way, Council would not have
to address the issue of findings at this time. He continued to discuss Variance
provisions and how they differ from Zoning Ordinance regulations.
Councilmember Andersen advised that he spoke to many people in the community
about this because it has been an issue publicly debated in the newspaper and
elsewhere. For him, it's a real problem that we have public opinion that is clearly in
favor of the flags, yet we have a Sign Ordinance which prohibits them. He agreed with
Mr. Richardson comments that it's not the flags that are the problem; it's the Sign
Ordinance. It was his opinion that the Sign Ordinance is outdated, antiquated, and
poorly written. He expressed concern with the enforcement issue because there is
plenty of things in the community that need to be addressed. He explained that the
hillside where people were able to illegally grade on the hillside but there was no
sanction for that. He stated that aesthetics are really the issue here and in his opinion,
Regular City Council Meeting
January 15, 2003
Page 5 of 16
we have to find a way to come up with a Sign Code that allows creative expression
through signs. A big issue in the Sign Code that he hasn't seen a lot about in the
revision is murals. He thought that Council should approve Option #3, alternative action
#2, or Council could decide not to take action at this time and secure and agreement
from the property owner to suspend processing of the Appeal, and table the matter until
the new Sign Ordinance is adopted.
Councilmember Baldwin drew attention to the term "state flag" as noted in the Sign
Ordinance and felt it should be eliminated and the term "corporate flag" inserted in its
place. He felt that Rainbow Construction's flags display a corporate logo and therefore
represent corporate advertising and should be removed while the matter is being
debated. The flags also rotate, and that is prohibited under the current Sign Ordinance.
He would be supportive of a tabling motion if the signs were removed in the interim and
the issues continue to be discussed. It was his opinion that this matter may be the
longest case of civil disobedience in the City's history. It's basically defiance of the law
and the City Council should uphold the decision of the Planning Commission.
As a response to questioning from Councilmember Rodin, City Attorney Rapport
explained that if Council didn't deny the Variance, it would leave the question open and
give more legitimacy for not taking enforcement action. The City has a gentleman's
agreement with Mr. Richardson in that if he applied for the Variance, he would not
initiate enforcement action until there was final action on the Variance. There is no
reason why Council couldn't deny the Variance and still instruct Staff not to enforce
aspects of the Sign Ordinance until the Sign Ordinance has been revised. City Staff
would respect that decision.
As a response to questioning from Mayor Larson, City Attorney Rapport explained
that City Staff attempts to make every effort to gain voluntary compliance that involves a
series of warning letters before staff files an action in court to enforce. In the past, staff
has filed actions and received injunctions against violations of the Zoning Ordinance
and the Sign Ordinance in the past, but it has always been as a last resort.
Considerable discussion followed with regard to each Councilmember's viewpoints
concerning the options available to the Council, the aesthetics of the flags, compliance
with the current Sign Permit, and whether Council could make all three findings to
overturn the Planning Commission's decision to deny the Appeal.
M/S Baldwin/Rodin supporting the Planning Commission's decision and denying the
appeal filed by Rainbow Construction, Inc., based on an inability to make the required
findings.
Discussion continued with regard to whether or not Council could make the findings,
how to enforce the violation, the granting of special privilege, the unwillingness of the
applicant to make concessions, and whether the matter should be tabled until the
current Sign Ordinance is revised.
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January 15, 2003
Page 6 of 16
Councilmember Andersen stated that he did not see how Council could deny a
Variance and not enforce it, and that it would not be a granting of special privilege to
this particular applicant.
City Attorney Rapport explained that if the City Council denies the Variance, Mr.
Richardson has the right to file an action in court to challenge the decision. The court
would review that decision to determine whether the findings are supported by the
evidence and whether the findings support the conclusions, or if there was any error of
law committed.
M/S Baldwin/Rodin clarifying that the motion is to support the Planning Commission's
decision and deny the appeal filed by Rainbow Construction, Inc., based on the
Planning Commission's findings; carried by the following roll call vote: AYES:
Councilmembers Rodin, Baldwin, and Mayor Larson. NOES: Councilmember
Andersen. ABSTAIN: None. ABSENT: Councilmember Smith.
8:32 p.m.: Councilmember Smith returned to the meeting.
9. UNFINISHED BUSINESS
9a. Presentation by Ross Mayfield and Possible Action Regarding Eel River
Diversion Project Request
This item has been postponed and was removed from the agenda.
Mayor Larson advised that item 10d, Discussion and Action Concerning Sign Violation
Enforcement Policy, be taken next on the agenda.
10. NEW BUSINESS
10d. Discussion and Action Concerning Sign Violation Enforcement Policy
Planning Director Stump advised that it was the intent of this agenda item that if
Council chose the option to continue Rainbow Construction's Appeal for a Variance,
staff would ask for direction in terms of enforcing the ordinance. Based on the Council's
action to deny the Appeal, he did not think there would be a need to address that issue
at this time.
8:34 p.m.: Councilmember Smith left meeting due to conflict of interest.
Discussion followed with regard to whether Council should take further action to pursue
enforcement of violation to the current Sign Ordinance as it relates to the matter
concerning Rainbow Construction's flags. There was also debate as to whether to
enforce all or none of the Sign Ordinance until the current Sign Ordinance is revised.
Council also discussed whether to take action concerning a sign enforcement policy.
City Attorney Rapport explained that Council could decide to temporarily suspend
enforcement of certain provisions of the current Sign Ordinance since the City is in the
process of revising it and there may be significant changes in the Ordinance. He
advised that the City Council could determine what the scope is of the circumstances
and it could instruct staff not to enforce the current Sign Ordinance as to violations that
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January 15, 2003
Page 7 of 16
already exist and to continue to enforce to violations that may come into existence after
today.
M/S Rodin/Larson suspending enforcement of the existing Sign Ordinance against all
existing rooftop signs until a new Sign Ordinance is adopted.
Tim Pletcher, Ukiah, voiced strong support of enforcement of the existing Sign
Ordinance.
Discussion continued among Council and staff regarding enforcement actions that staff
has recently addressed among businesses in the City.
Motion failed by the following roll call vote: AYES: Mayor Larson. NOES:
Councilmember Rodin, Andersen, and Baldwin. ABSTAIN: None. ABSENT:
Councilmember Smith.
8:50 p.m.: Councilmember Smith returned to the meeting.
8:50 p.m.: Recessed
9:00 p.m.: Reconvened
10. NEW BUSINESS
10a. Assignment of Ukiah City Councilmembers to Various Committees
Mayor Larson advised he has proposed some changes to the Councilmembers'
appointments to various committees and his recommendations were distributed to
Council.
James Mulheren, representing the Greater Ukiah Chamber of Commerce,
recommended that Councilmember Andersen be appointed, rather than Councilmember
Rodin, to their Board, otherwise they would welcome Councilmember Rodin.
Mayor Larson discussed why he recommended Councilmember Rodin to that
committee.
M/S Smith/Baldwin to approve Mayor Larson's recommendations for Councilmember
appointments to various committees. Motion carried by unanimous consensus of
Council.
10. NEW BUSINESS
10b. Adoption of Resolution Acceptin__ci "City of Ukiah Economic Development
Report and Strate__cly" and Directing City Manager to Transmit Report to the
California Department of Housing and Community Development
Assistant City Manager Fierro advised that in early 2001 the City applied for and
received a Jobs Housing Balance Program Grant from the Department of Housing and
Community Development in the amount of $100,000. The grant was executed on
August 24, 2001 and is intended to fund the preparation of an economic development
strategic plan and business targeting and outreach. Applied Development Economics
(ADE) was retained by the City and was able to prepare the strategic plan. Acceptance
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January 15, 2003
Page 8 of 16
of the report enables the City to utilize approximately $75,000 in funds for business
targeting and outreach.
Wes Ervin of ADE advised that the purpose of the $100,000 grant is to identify housing
imbalances and trends, create appropriate jobs, organize for job creation, and housing
created via other programs. He reviewed the required components of the scope of
work, their community assessment and elements of the assessment, Ukiah's economic
base and target industries, employment opportunities, targeted manufacturers and
office users, and the strengths and weaknesses of Ukiah. With regard to the Economic
Development Strategy, he proposed that Ukiah should actively recruit industrial
businesses and provide an incentive plan. Other things to consider are attracting more
retail establishments, revitalize the downtown area, promote tourism, and provide more
grants for economic development in the community. He advised that $85,000 of the
plan is to be implemented by September 30, 2003, with $55,000 allocated toward
recruiting industrial type businesses and $33,000 to recruit more retail and tourism
businesses in the community.
Discussion followed and inquiries were made of Mr. Ervin relative to the findings in the
report. There was also discussion related to using the funding for other purposes that
are related to recruitment, such as infrastructure improvements. Mr. Ervin advised that
he would research the matter. He explained that his firm has the ability to meet with
prospective businesses and has staff experienced in recruitment services. It was noted
by City Manager Horsley that City staff is lacking the expertise and time to provide
successful recruitment services. It was noted that the program would be posted on the
City's web site.
James Mulheren, Ukiah, expressed concern with some of the charts provided in the
report and that housing prices have increased tremendously since the year 2000.
M/S Smith/Andersen accepting report, adopting Resolution 2003-22 accepting the
"City of Ukiah Economic Development Report and Strategy" and directing the City
Manager to transmit the report to the Department of Housing and Community
Development; 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. Report to Council Regarding National Pollutant Discharge Elimination
System (NPDES) Phase II
Deputy Public Works Director Seanor advised that the City of Ukiah falls under the
jurisdiction of Phase II rules of the National Pollutant Discharge Elimination System
(NPDES). Under Phase II rules, the City would be required to submit a Notice of Intent
and a storm water management plan, including best management practices and
measurable goals to comply with the General Permit for NPDES Phase I1. He
discussed the six minimum control measures, public education and outreach, public
involvement and participation, illicit discharge detection and elimination (dumping into
storm drains), construction site storm water runoff control, post-construction storm water
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January 15, 2003
Page 9 of 16
management, and pollution prevention and good housekeeping for municipal
operations.
Councilmember Andersen expressed his concern that there is a pipe collecting water
flowing down the hillside onto Standley Street and into a storm drain. His concern was
with sedimentation building up in the storm drain.
Deputy Director Seanor explained it is his understanding that there had been some
runoff that had quite a bit of sediment carried with it and that the developers were able
to implement some measures to get that cleared up. He explained that the City's storm
drain system is entirely separate from the sanitary sewer system so storm water goes
directly into the creeks and on to the rivers. He went on to advise that under the Storm
Water Management Plan, staff would be developing a good mapping system that shows
the locations of all inlets, where the pipes drain and where they discharge to.
Considerable discussion pursued regarding debris collecting in storm drains, runoff from
construction sites, erosion control on hillsides, street sweeping operations and
arranging times for sweeping when cars are not parked in front of residences.
It was the unanimous consensus of Council to receive the report.
10k. g. Approved Notice of Completion for 2000 STIP Arterial/Collector
Rehabilitation Project, Specification No. 02-15
Councilmember Andersen advised that he received clarification from staff regarding
his concerns and is supportive of the agenda item.
M/S Smith/Andersen accepting Notice of Completion for 2000 STIP Arterial/Collector
Rehabilitation Project, Specification No. 02-15; 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
10e. Discussion and Possible Action Regarding State Budget Deficit anr~
Proposed Closure of Ukiah Air Attack Base
City Manager Horsley advised that as part of the proposed reductions for the State
budget deficit, California Department of Forestry (CDF) has recommended to the
Governor that the CDF Air Attack base in Ukiah be closed. CDF has said that they can
service from Santa Rosa, Chico, and Humboldt County. They claim that their improved
technology will allow Ukiah's service to be uncompromised. However, CDF tanker
pilots and other staff disagree. She spoke with the Fire Chief's Association and they
agreed to write a letter to the Governor and Senator Chesbro. Senator Chesbro has
been very supportive of Ukiah's efforts to retain the CDF Air Attack base in Ukiah and
his office assistant, Jennifer Puser, keeps her informed of any changes. Senator
Chesbro has asked that letters be sent to the Governor and a copy be sent to him. Ms.
Puser has also let us know that the Air Attack base item will probably be pulled off of the
Governor's immediate cut proposal and dealt with at a later time.
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January 15, 2003
Page 10 of 16
Of special significance has been the involvement of Mike Sweeney who has spent many
hours retrieving information on the various costs of the CDF operation to compare their
claim of potential savings against the actual costs. The latest update from Mr. Sweeney
estimates $172,000 verses the CDF letter's reference of $405,000 per year and is more
in line with the actual costs.
She received information that the Mendocino County Board of Supervisors voted
yesterday to send a letter to the Governor opposing the closure and they have also sent
a second letter to Andrea Tuttle, Director of CDF, requesting that she come to
Mendocino County for a public meeting to allow CDF to explain to the public why CDF
believes the closure of Ukiah Air Attack base would save CDF money and to also
receive information from the public about this issue. She requested a letter from the
City Council be sent to the Governor and Senator Chesbro and also a letter of
appreciation to Senator Chesbro and Jennifer Puser for their participation and support
of the City's efforts in this endeavor. The letter from Council would include current
figures related to savings and Council's ideas as to the contents of the letter
Mike Sweeney expressed a debt of gratitude to City Manager Horsley who sounded the
alarm on this issue and recognized how difficult a fight this matter would become. The
Press Democrat finally received a perspective cost savings figure from CDF of
$391,000 that appeared in today's paper. He discussed CDF response times from
Chico and Santa Rosa. He did not understand how CDF got $391,000 when all of the
information he has points to the fact that they will lose money by moving the tankers
from Ukiah, not counting all of the additional fire suppression costs. He felt that the
Board of Supervisors' invitation is a very productive tactic to pursue in terms of pushing
the issue, not only with CDF, but also with the Governor's staff and the legislators. He
urged the City Council to second the Board of Supervisors' invitation in their letter.
Councilmember Andersen concurred with Mr. Sweeney's comments and felt that
Council's letter to the State should be different from the Board of Supervisors' letter and
contain additional comments specific to the impacts that the City of Ukiah would
experience.
Elizabeth Brazil advised that the Chamber of Commerce's Executive Board would do a
call to action of their membership regarding this matter.
Terry Poplawski, Ukiah, voiced his support to retain the CDF Air Attack Base in Ukiah.
Discussion followed related to staff composing a letter on behalf of the City Council's
concerns and instructions. Other topics of discussion included the potential for fire on
the western hills and the importance of having the air tankers available in Ukiah for an
immediate response and not leaving Ukiah vulnerable.
It was the unanimous consensus of Council to approve sending a letter concerning
CDF to Governor Davis.
City Manager Horsley discussed the State budget deficit and how it would affect the
City. There is a good possibility that the City would lose a lot of transportation funding.
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January 15, 2003
Page 11 of 16
Other concerns include the Vehicle License Fee. The City receives about $865,000,
which is 10% of the City's entire General Fund revenues. Some legislators don't want
to have the one-cent sales tax that the Governor is proposing because they feel it would
hurt the economy and businesses even more. Redevelopment dollars were going to
schools. The City can probably expect not to receive booking fee reimbursements
(about $65,000 per year), the COPS grant allocations (over $100,000 per year), or the
Local Law Enforcement Block Grants. The City has had a 50%-100% increase in fees
for various permits and new permits.
These events will most likely affect the City from $300,000 to over $800,000 next fiscal
year. She has put on hold the recruitment for five positions until the City decides what
they are going to do about this financial situation. Staff will be conducting pre-budget
workshops and asking Council for direction. She discussed the City's financial
accomplishments in the last seven years to get out of the $1 million deficit situation.
She discussed current personnel in various departments and how some projects may
be placed on hold until State budget cuts are determined. She will provide some
recommendations to Council concerning some possibilities of staffing cuts, however, the
City might need to cut its programs. She reported that there are proposals from some
of the legislators to increase the Vehicle License Fee so that the backfill will not be
taken from cities but we will have to wait to see what happens. However, in the
upcoming budget, staff will move forward under the assumption that the City will not
receive these funds. More information may develop by the time the City's budget is
considered.
Discussion followed related to the State's budget deficit and how it will affect the City. It
was noted that the League of California Cities has provided information to cities. Staff
noted that the City has taken a very conservative approach to the City's budget.
10. NEW BUSINESS
10f. Approval of General Plan Housing Element Update Committee
Planning Director Stump advised that the City Council recently directed Staff to form a
General Plan Housing Element Update Committee and he provided Council with a list of
those individuals who have expressed an interest in serving on this Committee.
Discussion followed relative to the composition of the committee and it was felt by some
that the committee should be expanded to include at least two representatives
consisting of young, middle aged or senior citizens and people who are renters.
M/S Baldwin/Andersen soliciting additional people to serve on the committee to
include youth, middle-aged, or senior citizens and renters.
Discussion followed as to what would be the most effective means to solicit candidates
for this committee, such as a press release to the media and newspaper.
Ana Araiza recommended there be a representative from the Latino community.
Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen,
Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None.
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January 15, 2003
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10. NEW BUSINESS
10g. Approval of 2002/03 Mid-Year Budget Amendment
Risk Manager/Budget Officer Harris advised that the Mid Year Budget Amendment is
the opportunity to address issues with financial implications that have occurred since
the budget was adopted or are anticipated to arise throughout the remainder of the
fiscal year. Each proposal is discussed in the Staff Report to Council.
A brief discussion followed relative to costs and change orders for construction of the
new Civic Center addition.
M/S Smith/Rodin approving Mid Year Amendment to the 2002/2003 Budget as
specified in the 2002/03 Mid Year Budget Amendment-Summary of Transactions;
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
10h. Award of Three-Year Bid for Printing of City Newsletter to SDN Inc.
Assistant City Manager Fierro advised that this item was presented to Council on
August 21, 2002 and was deferred due to issues raised by former Councilmember
Libby. Currently, $6,000 is budgeted for this publication in this fiscal year and $2,387
has been expended to date.
Discussion followed regarding the content of the newsletter and there were suggestions
to have articles that would encourage citizens to attend City Council meetings and
provide information concerning new projects. Staff discussed compiling a draft
newsletter for Council to review.
M/S Baldwin/Smith awarding three-year contract totaling $4,774 per year to SDN Inc.
for printing of the City's newsletter; 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
10i. Consideration of Request to Participate in Pre-Application Process to the
Robert Wood Johnson Foundation for an Active Living by Design Grant
Councilmember Rodin reported that there was a meeting today of the Active Living
Committee and both her and Suzanne Pletcher focused on getting input from the group
on issues that needed to be addressed in the narrative for the proposal, which included
agreeing on a mission for the partnership, identifying the partners, challenges they may
face in creating an Active Living by Design program, and special opportunities that are
unique to this area. She will provide a draft timeline to the committee by January 22nd
and comments should be received by January 27th. The proposal is due on January
31st.
Discussion followed with regard to support of the program.
attributed to the program was discussed.
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January 15, 2003
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The amount of staff time
Councilmember Rodin also reported that the Committee agreed that the geographical
area would extend south to Hopland and north to Redwood Valley so ultimately their
plan could include those areas, however, the partnership may decide to focus or
prioritize its projects within the Ukiah Valley area or the City limits. Those are issues to
be decided at a later time.
Councilmember Larson noted the absence of senior citizens' input.
Councilmember Rodin explained that she has discussed the matter with the Senior
Center director and they are interested in the program.
M/S Smith/Baldwin approving participation by the City of Ukiah in the pre-application
process to the Robert Wood Johnson Foundation for an Active Living by Design grant;
carried by unanimous voice vote of Council.
10. NEW BUSINESS
10j. Award of Bid to Data Trends for Design of Community Survey
Assistant City Manager Fierro advised that the City Council budgeted funds and
directed staff to explore the cost to design a community survey. The survey would be
used to determine what issues Ukiahans feel are important to them in order to improve
the quality of life in Ukiah and provide the City Council with a valid measurement of
potential policy issues in Ukiah. The proposal is only for the design of the survey, not
the content. Of the three firms that were sent the RFP, only DATA Trends responded
with a bid of $600 to draft a survey questionnaire.
Further information concerning DATA Trends was requested such as previous or
current clients. In general, Councilmembers felt the survey could be beneficial in
providing feedback to Council. Concern was expressed that the survey should be
demographically and economically representative.
M/S Smith/Andersen awarding Data Trends a contract for $600 to draft a survey
questionnaire.
Councilmember Andersen was supportive of a good portion of the survey being
devoted to local budgetary implications.
Councilmember Baldwin advised that he would be happy to work on a subcommittee
with Councilmember Smith, City Manager Horsley, and Assistant City Manager Fierro
regarding the survey questionnaire.
Councilmember Smith concurred with Councilmember Baldwin's recommendation.
Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen,
Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None.
11. COUNCIL REPORTS
Regular City Council Meeting
January 15, 2003
Page 14 of 16
Councilmember Andersen reported that he attended the firefighters dinner on January
11th and did a ride along with the Fire Department earlier in the week. He also
attended an Active Living by Design meeting.
Councilmember Smith reported that he plans to attend the NCPA strategic planning
workshop scheduled for January 21-23, 2003 in preparation for their annual meeting in
Washington, D.C.
Councilmember Andersen advised that he would not be able to attend the NCPA
workshop next week in Sacramento with Councilmember Smith.
Councilmember Smith explained that NCPA would pay for three elected officials to
attend their workshop. He plans to attend the Washington rally that is scheduled for
April 8-10, 2003. The Main Street Board participated in a meeting on the Active Living
by Design Grant and at their Board meeting they encouraged Joy Beeler to continue her
involvement in this project. Their annual reception for volunteer recognition and
community awards is scheduled for April 3, 2003. They established some community
committees and developed objectives/work plans for each committee. They reviewed
the First Night for New Years Eve activities and voted to discontinue the First Night.
They cited issues involving lack of publicity, advertising, and weather. He reported that
Santa Rosa also discontinued their New Years Eve program.
Councilmember Baldwin reported that he attended a meeting of the Inland Water and
Power Commission with City Manager Horsley and it appears that there is some
optimism about the eventual FERC decision concerning the P.G.&E. power plant. It
seems like NIMPS is the challenger and to some degree is being isolated by other
federal and state agencies. According to the expert on the Commission, Janet Pauley,
they are cautiously optimistic about that situation. Redwood Valley made a report that
they are in a desperate situation and are going to the State Emergency Services rather
than negotiate with the Russian River Flood Control District in arbitration. They are
near a virtual crisis in Redwood Valley that could someday impact Ukiah.
Councilmember Baldwin reported that Redwood Valley is in dire straights and is
looking to the Mill Creek dams for water and it will be a controversial endeavor. Ross
Mayfield discussed his Eel River Diversion project and it seems like there is less interest
in that project. They need other public agencies' support but to date they haven't been
getting it.
Mayor Larson reported that he attended the firefighters dinner and the First Night event
emceeing poetry and belly dancing. He attended the Miss Mendocino beauty pageant.
He also attended the recent water forum. The next meeting of the Redwood Empire
Division of the League of California Cities will be held in Cloverdale on February 8th.
12. CITY MANGER/CITY CLERK REPORTS
City Manager Horsley advised that the matter concerning the Eel River Diversion was
pulled from this agenda because the group will be going to back to the Board of
Supervisors who denied them sponsorship and support, to try to negotiate a deal with
them. If that doesn't work, they will submit a proposal to the City Council.
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January 15, 2003
Page 15 of 16
She announced that January 30th is the Redwood Empire Municipal Insurance Fund
(REMIF) will be holding their annual meeting at the Hampton Inn in Ukiah and the City
Council is invited to their dinner. She polled Council as to who would be attending the
dinner.
City Clerk Ulvila advised that the annual Statements of Economic Interests (Form 700)
have been distributed and the deadline is April 1,2003.
13. CLOSED SESSION
None,
14. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 11:54 p.m.
Marie Ulvila, City Clerk
Regular City Council Meeting
January 15, 2003
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