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HomeMy WebLinkAboutMin 02-19-03MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 19, 2003 The Ukiah City Council met at a Regular Meeting on February 19, 2003, the notice for which had been legally noticed and posted, at 6:32 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: Community Services Director DeKnoblough, Assistant City Manager Fierro, City Manager Horsley, City Attorney Rapport, Deputy Public Works Director Seanor, Planning. Director Stump and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Community Services Director DeKnoblough led the Pledge of Allegiance. 3. PRESENTATION 3a. Northern California Power Authority (NCPA) Video- Councilmember Smit;- Councilmember Smith advised that the City of Ukiah is one of 15 members participating in the NCPA. A NCPA video titled "We Bring Power to People" was displayed. Mayor Larson announced that a poll of Council revealed that no closed session is needed at this meeting. He advised that there has been a request to hear item 9e, Discussion and Possible Adoption of Resolution Opposing War Against Iraq- Councilmember Andersen, sooner on the agenda for the benefit of the large amount of public attendance at this meeting. It was the consensus of Council that the matter will be heard prior to Unfinished Business. 4. APPROVAL OF MINUTER 4a. Regular Meeting of January 15, 2003 Councilmember Baldwin recommended a correction on page 6, that the first sentence in the second paragraph, beginning with Councilmember Baldwin, be deleted. Councilmember Andersen stated that he appreciated the effort to expand comments regarding the Rainbow Construction agenda item. M/S Baldwin/Andersen approving the Regular Meeting Minutes of January 15, 2003, as amended; carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, and Baldwin. NOES: Mayor Larson. ABSTAIN: None. ABSENT: None. 4. APPROVAL OF MINUTES 4b. Regular Meetinq of February 5, 2002 City Clerk Ulvila noted a correction on page 5, concerning the sentence above the heading of item 9a. The sentence should read, "It was the consensus of Council to receive the report." Regular City Council Meeting February 19, 2003 Page 1 of 10 Councilmember Andersen noted a correction on page 4 that the second name listed should be "Jay Ruzicka. He also noted a correction on page 8 in the fourth paragraph of the spelling of "Dotty Coplen". M/S Smith/Andersen approving the Regular Meeting Minutes of February 5, 2003, 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/Andersen approving items a through g of the Consent Calendar as follows: a. Approved Disbursements for Month of January 2003; b. Awarded Bid for % Ton Truck with Utility Body to Hoblit-Haynes-Jamison Fleet Group For the Sum of $20,472.38; c. Adopted Resolution 2003-25 Removing On-Street Parking and Establishing Bus Loading Zones at Two Locations on South Dora Street; d. Adopted Resolution 2003-26 Removing 40 Lineal Feet of On-Street Parking Along Mendocino Drive Adjacent to Yokayo School; e. Authorized Execution of Amendment No. 6 to the Agreement with EBA Engineering in an Amount Not to Exceed $2,514 for Preparation of a Work Plan to Further Define the Vertical and Horizontal Extent of Contamination at the Corporation Yard and Approve Budget Amendment in the Amount of $2,514; f. Approved Agreements with Mendocino County and Superior Court of California to Provide Employee, Grand Juror, and Juror Parking; g. Rejected Claim for Damages Received from Charlene Ayala and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund. 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 ITEM~ Jane Kardas and Betty Green advised that they had previously provided Council with information concerning Segway scooters. On behalf of the California Council of the Blind, they recommended that the City Council consider an ordinance banning this type of transportation from sidewalks and expressed safety concerns for blind and disabled individuals. Ricardo Negron discussed an incident whereby the vehicle he was driving was pulled over by the police and he felt it was a case of racial profiling. He described the incident and requested more bilingual officers be hired on the City's Police Department. 9. NEW BUSINESS 9e. Discussion and Possible Adoption of Resolution O op_p_~ War Against Iracj_~ Councilmember Andersen Regular City Council Meeting February 19, 2003 Page 2 of 10 Councilmember Andersen advised that he is requesting that Council consider passing a resolution opposing preemptive military action against Iraq. He expressed concern that a war with Iraq will deepen already massive budget deficits, divert crucial funding from programs at the local level, and increase the tax burden on working people. He's concerned that a war with Iraq violates International Law and is simply a violation of the United Nations Charter for one country to wage war on another without the threat of an immediate attack. People are concerned that a war with Iraq will result in a large loss of lives and may result in the use of weapons of mass destruction. He addressed comments by some that say that the Ukiah City Council is an inappropriate venue in which to raise this multi-faceted and global issue. However, he argued that City Councilmembers are the elected officials closest to the people that the represent and that going to war with Iraq will affect every person in Ukiah in one form or another. By bringing this resolution forward, he is not intending to impugn the integrity of our armed forces today or those brave veterans who have fought for our freedom. He explained the need to reject violent action, find peaceful, non-violent solutions, and use diplomatic and international efforts like the United Nations to disarm tyrants, and build and promote democracy and respect for human rights around the globe. Those voicing their views in support of the proposed resolution were Jane Kardus, Miles Gordon, William French, Jr., John McCowen, Lisa Breggar, Nina Matysiak, James Connorton, Diane Paget, Scott Miller, Peter Good, Annette Morrison, Dan Hamburg, Dotty Coplen, Barry Vogel, Kathleen Case, Al Krauss, Allen Cooper, Susan Wertheimer, Katarazyna Rolzinski, Dale Glasser, and Brooks Anderson. Those voicing their views in opposition to the proposed resolution were Utah and Patricia Haley, James Mulheren, Trina Courtney, and Karin Ronk-Shimka. John McCowen also recommended that the second sentence of the proposed resolution be deleted and that the following wording be inserted, "Whereas, a preemptive attack on Iraq will exacerbate international political, cultural, social and religious divisions, making the world a more dangerous place." Councilmember Smith stated that he is strongly opposed to war but felt we are probably going to have a war. He voiced his opposition to the idea that he should abstain from voting on this resolution because he did not agree with it. He expressed his belief that the City Council was elected to speak for the citizens of Ukiah on City issues and did not feel they should be speaking about his own personal beliefs on national matters. A number of constituents have told him that they do not want him to vote for them on this matter and that they will take care of expressing their opinions. He liked the way the resolution is written, especially the ending where it promotes development of policies and programs that will peacefully promote democracy and a genuine respect for human rights In Iraq and throughout the world, and that is what we need to pursue. Councilmember Rodin advised she's convinced that this is a local issue and it affects all of us. She disagreed with Councilmember Smith's comments about not being able to speak for the people of Ukiah. She discussed national polls of people favoring waiting Regular City Council Meeting February 19, 2003 Page 3 of 10 until there is convincing justification to go to war and that there is a yearning globally for voices to be heard on this issue. If we believe that we should not preemptively go to war with Iraq and we don't say anything then we're complicit, and that silence is complicity. For that reason, she will support the resolution. Councilmember Baldwin felt that the best way to support the troops is to work to assure that they are not sent in to risk their lives for an unjust cause. He felt that everything is tied together; our attitudes about this war reflect our attitudes about liberty, justice, land use, and concern for the future of this community. He felt this is not a democratic decision and there is no referendum for this war. He thought that there is hope from the march that took place in San Francisco on Sunday and the large audience in attendance at this meeting. He stated he would be proud to vote for this resolution. Mayor Larson discussed how he has struggled with this issue based on statements about the appropriateness of the City Council conducting such an exercise with regard to the proposed resolution or any statement on behalf of the City and its citizens. He expressed interest in some wording in the resolution that referred to the fact that the City Council of Ukiah is resolving it and they are five individuals who are elected by people to govern the City. They should also speak their minds and provide leadership to the community. He thought that the greatest value is the fact that it generates a form of town hall meeting in which people can gather and voice their opinions and concerns. This is an important process. Councilmember Andersen discussed establishing priorities as to what we want to spend our tax dollars on and referred back to the statistics mentioned in his opening statement. He discussed the estimated cost of funding a war and how those funds could be used for needed projects within the community. With regard to the issue about representation and individuals who don't want Council to speak for them about this issue, he noted that the resolution doesn't say the "City of Ukiah". It says the "Ukiah City Council" which is five individuals who are elected by people in the community to represent them. M/S Andersen/Baldwin adopting Resolution 2003-27 with an amendment to delete the second stanza of the proposed resolution and replace it with "Whereas, a preemptive attack on Iraq will exacerbate international, political, cultural, social, and religious divisions, making the world a more dangerous place, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson. NOES: Councilmember Smith. ABSTAIN: None. ABSENT: None. Recessed: 8:17 p.m. Reconvened: 8:27 p.m. 8. UNFINISHED BUSINESS 8a. Apl~roval of General Plan Housinq Element Update Committee Planning Director Stump advised that the City Council directed Staff to extend the recruitment for General Plan Housing Element Update Committee members. In response, Staff issued two separate press releases to recruit interested people who are Regular City Council Meeting February 19, 2003 Page 4 of 10 young adults, renting, and have aspirations to purchase a home. Council also requested recruitment from the senior citizen population in order to make the committee more diverse. Staff received one letter of interest from Mr. William French who represents the younger community and is also a renter with aspirations to purchase. He recommended Council approve the composition of the Committee to assist with the General Plan Housing Element Update process. M/S Baldwin/Smith approving the proposed membership of the General Plan Housing Element Update Committee, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN' None. ABSENT: None. 8. UNFINISHED BUSINESS 8b. Consideration and Possible Action Regarding Revisions to Procedures of Conduct Policy City Manager Horsley advised that the Procedures contain details regarding the meeting time and place, preparation and postings of agendas, powers and duties of the presiding officer, and rules of order for decorum, debate and motions during the Council meeting. She added other sections including responsibilities for Mayor, Vice-Mayor and Councilmembers, as well as Council conduct with one another, Council conduct with the public, and Council conduct with other public agencies. Discussion followed regarding Council inquiries such as when a member of the public addresses Council about their concerns at a City Council meeting. Councilmember Rodin drew attention to page 6 of the Policies, item "IV, Voting Procedure/Disqualifications" and inquired if this section should be changed to reflect that a Councilmember may remain in their seat during debate when they have a conflict of interest on an agenda item. City Attorney Rapport confirmed that a Councilmember is not required to leave their seat due to a conflict of interest on a matter and it is up to Council whether or not to adopt such a policy. It was the consensus of Council that a Councilmember who has a conflict of interest does not need to leave the room and may remain seated if they wish. However, it was noted that having a Councilmember remain in their seat might give the impression that they are trying to influence Council. Therefore, it would be appropriate to have them sit in the audience. They may address Council on the matter as a member of the public. It was the consensus of Council that the wording "and leave the Council Chamber" be deleted from that section of the Policies. Councilmember Andersen suggested a more formal orientation process for new Councilmembers. He also inquired about touring City facilities such as the water treatment plant. Councilmember Rodin commended the City Manager's arrangements for her to tour various facilities. Regular City Council Meeting February 19, 2003 Page 5 of 10 office for making the Councilmember Andersen discussed section 11 regarding "Minutes/Request for Detail" with regard to a request for a verbatim transcript of any portion of the minutes and that Councilmembers can request that the minutes reflect why they are voting a certain way. Mayor Larson discussed page 1 of Attachment 2 and that the various duties of the Mayor should be organized as to ceremonial functions and chairmanship functions. He responded to Councilmember Andersen's comments regarding the minutes and noted that it is a more recent addition to the Policy. He went on to discuss possible future plans to digitally recorded Council meetings and possibly returning to action minutes once that is in place. City Clerk Ulvila advised that if any Councilmember would like their statements included in the minutes, they should state that they want their comments included "for the record." It was the consensus of Council to include staff's comments into the Policy and to bring it back for official approval. 9. NEW BUSINESS 9a. ApDroval of Contract with PAS & Associates for Preparation of a Revise(' General Plan HousinQ Element Planning Director Stump advised that staff issued a Request for Proposals (RFP) and received two proposals from professional consulting firms. The Housing Element Update Committee and staff met on January 30, 2003 and interviewed both firms and selected PAS & Associates as the number one choice. He explained that PAS seemed very creative, genuinely interested in our community, and is interested in progressive planning principles for this project. He recommended the City Council approve a contract with PAS & Associates to prepare a revised General Plan Housing Element for a cost not to exceed $37,490. PAS is committed to a timeline for completion of the project by the end of the year. M/S Smith/Andersen approving contract with PAS & Associates to prepare a revised General Plan Housing Element for a cost not to exceed $37,490, except for minor additional tasks authorized by the City Manager, Councilmember Andersen advised that as a member of the Committee, he was very impressed with Mr. Schabracq from PAS and noted his interest in mixed use and cluster housing. Motion carried by the following roll call vote: AYES' Councilmembers Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: ABSENT: None. Rodin, None. 9. NEW BUSINESS 9b.Approval of Settlement Aqreement in Shoemaker v. Ukiah Regular City Council Meeting February 19, 2003 Page 6 of 10 City Attorney Rapport advised that he provided the staff report to Council and, if approved by Council tonight, the staff report would be available to the public after the agreement is signed by both parties. M/S Smith/Rodin approving Settlement Agreement in the Shoemaker v. Ukiah case, carried by the following roll call vote' AYES' Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 9. NEW BUSINESS 9c. Al~l~roval of Engagement of Legal Services Letter with Meyers, Nave Law Firi-,- City Attorney Rapport advised that Rick Jarvis has had considerable experience litigating Clean Water Act cases and dealing with Jack Silver in similar cases on the Russian River. He is currently representing the cities of Healdsburg and Fort Bragg in a Clean Water Case brought by River Watch. There was discussion concerning the Agreement, and suggested modifications, especially related to conflict of interest. There was also discussion as to the status of other the cities' settlements with the Northern California River Watch. M/S Smith/Rodin approving engagement of Legal Services Agreement with Meyers, Nave law firm and authorizing the City Manager to sign the agreement, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 9. NEW BUSINESS 9d. Discussion of Inland Water and Power Commission's Rolc City Manager Horsley advised that the City has been told that the Mendocino County Board of Supervisors will be holding a meeting on February 26, 2003 to talk about water issues. Inland Water and Power Commission (IWPC) Chair, Janet Pauli, asked if each of the agencies would ask each of their boards how they feel about the IWPC and the benefits to their agency. She discussed the pros and cons of IWPC and that everyone on the IWPC has their own water rights and has a vote. One idea that was circulated by Janet Pauli was that there be several Joint Power Authority's (JPA) representing the coast and inland areas. The JPA's could work on local issues and with the Mendocino County Water Agency (VVater Agency) to resolve issues. Councilmember Baldwin advised that Mr. Stretch, the current acting Water Agency Director recently asked County Counsel to comment on the degree of jurisdiction of the IWPC. It turns out that IWPC has a lot of power that they have not exercised. He referred to the JPA agreement which states that "The Commission shall have the exclusive right to apply for additional water rights or otherwise develop new water on its own behalf or on behalf of its member agencies" unless certain things happen. He recommended that the City should protect and defend it for the time being since it is a very powerful JPA. Mayor Larson inquired as to what the effect would be if the County withdrew from the JPA and if it would weaken, strengthen, or jeopardize it's existence in any way. Regular City Council Meeting February 19, 2003 Page 7 of 10 City Manager Horsley stated that if Council approves, the City should make a statement at this upcoming meeting that if the County Board of Supervisors is interested in the water agency having a larger role, then they should meet with the City of Ukiah and other districts that are involved and discuss it openly. City Attorney Rapport explained that the JPA does say that if any member wants to pursue water rights or a water project, it has to give the JPA the opportunity to pursue that project first, before it does it on its own. He responded to questioning concerning conflicting plans or use of water by explaining that the purpose of the JPA was to attempt to speak with one voice when dealing with federal agencies or other interests. Councilmember Smith voiced his support and protection of the JPA. City Attorney Rapport noted that he did not see anything inconsistent with the JPA and felt that there are other ways in which the County could work more cooperatively with the IWPC if they wanted to put more resources into developing an effective water agency. They could have a full time staff and develop some resources that would be available to be used in pursuing projects by whatever means that would be most effective. Councilmember Andersen explained that the Mendocino County Water Agency is under funded, understaffed and located in the basement of the courthouse. He felt it would be a horrible situation to turn it over to them at this point in time. Although he thought it would make more sense to have a countywide water policy instead of individual districts, he concurred with Councilmember Baldwin's views. Mayor Larson noted that the County has a certain amount of influence over the City's General Plan, and likewise, but with the IWPC it gives the City some jurisdictional sense of our watershed and available resources that needs to be cooperatively managed. He did not like the County making the City's water decisions without us having a say in it. He felt the City should strongly support the JPA. Councilmember Baldwin expressed his skepticism about the true motivation for an enlarged County water agency. To him, it relates to General Plan and growth issues. He thought that the motivation might be coming from those who want to see the Ukiah valley developed to an extent beyond which the infrastructure of the City could handle. It was the consensus of Council for Councilmember Baldwin or City Manager Horsley to make a statement publicly at the meeting on February 26TM regarding the Council's views. 10. COUNCIL REPORTS Councilmember Andersen reported that the Skate Park Committee met last Friday and discussed whether to form a 501C3 and the consensus was not to. There were issues related to fundraising that were driving it. They are exploring options for the City and local foundations to take up the liability issue and the fundraising elements. Regular City Council Meeting February 19, 2003 Page 8 of 10 He advised that he has attended a number of state budget trainings for his job and there are a lot of interest groups in play with the budget. Organized labor will be a big player in the budget this year and he felt that the City could count on them to be an ally as far as local funding issues. They are supportive of the Vehicle License Fee (VLF) and fighting realignment. Since there will be a workshop on the budget, he inquired if it would be possible to have an overview of the state budget process and how we got where we are at as a starting point for discussions that Council will have at the local level related to projects that the City will be able to fund. He reported that the Mendocino RELEAF planted 40 trees and the program is almost done. Close to 500 trees were planted in the City through that effort. Oouncilrnernber Smith reported that he attended the Main Street Board meeting and the new president is Richard Mosher. At that meeting they discussed the City Council's approval of the StreetPrint crosswalk program for the State and Perkins Street intersection. Everyone was very receptive of the City's efforts. The legislative analyst's analysis of the Governor's budget is new and is on the Internet. He attended the City of Ukiah Employees' Credit Union dinner and had an enjoyable evening. The MTA Board meeting was held in Willits last week and they discussed beginning proposals for next year and the impact of the Governor's budget on transportation issues. He attended the Pomolita School Mayoral Luncheon and Concert on February 14th and enjoyed the program. Councilmember Baldwin reported that he attended the Inland Water and Power Commission meeting and the City Manager was also in attendance. There are no major new issues and the hottest topic was the matter already discussed by Council earlier in the meeting. He reported that below the VanArsdale reservoir a pitiful number of fish arrived this year and experts at the Inland Water and Power Commission were convinced that the greater the flow, the more habitat that is created for the pike minnow, which eats the young steelhead and salmon. The same argument that we are hearing about the reduction in flows coming into the Russian River, these people want to argue that the diversion of water from the Eel into Potter Valley is actually a way of helping the salmon survive in the Eel River. They are still waiting for results of the reconnaissance study before they can find out about going ahead with the Feasibility Study on the raising of the dam. Mayor Larson reported that he attended the Pomolita School Mayoral Luncheon and Concert along with Councilmembers Smith and Rodin. He also attended the City of Ukiah Employees Credit Union dinner and found it enjoyable. He continues to work with the Ukiah Air Attack Coalition Community Outreach and Lobbying Committee. There are many pilots involved and there are sound, technical, mathematically correct arguments being constructed to deliver to Sacramento. Councilmember Rodin reported that she also attended the Pomolita Concern and found it very touching. She commended their dedication. She also attended the City of Regular City Council Meeting February 19, 2003 Page 9 of 10 Ukiah Employees Credit Union dinner. She reported that she wrote ten letters regarding opposition to closing the Ukiah Air Attack Base and sent copies to the recommended individuals. She advised that she has visited every City department and missed the Police ride- along that was scheduled for last Saturday night. She has had great visits with all of the department heads and is impressed with all of the things that are happening in the City. Her first meeting of the Economic Development Financing Corporation (EDFC) was technical and she was asked to sit on the SIDS committee that is the plan for economic development for the County. 11. CITY MANGER/CITY CLERK REPORTS City Manager Horsley advised that she had a meeting with Elizabeth Brazil, General Manager of the Chamber of Commerce. Ms. Brazil informed her that the Chamber would not be participating in the PumpkinFest after this fall. The Board decided that it wasn't something that they wanted to continue and they want to focus more on member services. The Committee is going to immediately try to figure out who could take the Chamber's place. She noted the Chamber's good working relationship with all of the vendors and the parade. She distributed the new Mendocino County Recycling Guides that include charts of items that are picked up for recycling and also at the Transfer Station. Ukiah has one of the best recycling programs in Mendocino County. A memo from Mike Sweeney had been given to Council concerning his draft of the diversion rate for recycling. Next year, the City will drop a little because when the Transfer Station became operable, they went from weight to volume and our percentage decreased. This number does not include the co-mingled recycling and it will be included in the year after. Therefore, next year's numbers should have a large increase 12. CLOSED SESSION G.C. §54956.9(a)- Conference with legal Counsel-Existing Liti~atio/ Name of Case: Shoemaker v. City of Ukiah, Mendocino Coun{y Superior Court Case No. SCUK-CVG 00-83789 None needed. 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 February 19, 2003 Page 10 of 10