HomeMy WebLinkAboutMin 03-15-00MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, March 15, 2000
The Ukiah City Council met at a Regular Meeting on March 15, 2000, 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: Smith, Libby, Baldwin (6:32 p.m.), Ashiku (6:34 p.m.),
and Mayor Mastin. Staff present: Public Utilities Director Barnes, Electric Supervisor
Bartolomei, Community Services Director DeKnoblough, Finance Director Elton, City
Manager Horsley, City Attorney Rapport, Deputy Public Works Director Seanor, Police
Chief Williams, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Councilmember Smith led the Pledge of Allegiance.
Councilmember Baldwin arrived at 6:32 p.m.
APPROVAL OF MINUTES:
3a. Regular Meetinq of March 1, 2000
Councilmember Smith noted a correction to page 2, seventh paragraph, to change the
spelling of the speaker to "Dr. Mark Luoto".
M/S Libby/Smith approving the Minutes of the Regular Meeting of March 1, 2000 as
corrected, carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, and Mayor Mastin. NOES: None. ABSENT: Councilmember Ashiku. ABSTAIN:
None.
Councilmember Ashiku arrived at 6:34 p.m.
4. RIGHT TO APPEAL DECISION
Mayor Mastin read the appeal process.
5. CONSENT CALENDAR
Councilmember Baldwin had questions concerning item 5b.
Councilmember Libby recommended that item 5c be pulled from the Consent Calendar
and placed on the agenda for discussion. In regard to item 5a, she referenced page 16,
Special Supplies, payment to Friedman Brothers Hardware in the amount of $560.58 and
for other items, as well as page 22, Special Supplies, payment to Parnum Paving, in
various amounts, and inquired if this went out to bid because the dollar amounts were
large.
Finance Director Elton advised that "Special Supplies" is the title for General Ledger
account number 690.
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City Manager Horsley explained that staff will inquire about the Friedman Brothers
purchases and noted Parnum Paving purchases for rock, sand, and gravel, were most
likely used for street repair, special projects, and landfill in account number 820.
Councilmember Libby inquired as to how the City determines which business they will
use to purchase gas.
City Manager Horsley explained that the City goes out to bid and obtains several Iow
bidders who can provide a card system that the City started several years ago. She
explained this bidding system.
Mayor Mastin advised that Items 5b and 5c will be heard as 7g and 7h, respectively. In the
future any Councilmember who has questions concerning matters such as these, should
contact staff ahead of time so they will be prepared to answer such questions at the
meeting.
M/S Baldwin/Smith approving item 5a of the Consent Calendar as follows:
a. Approved Disbursements for Month of February 2000.
The Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Ernest Jones advised that Mendocino County just received the tobacco settlement and
inquired if the City had any intention of asking for some of these funds.
City Manager Horsley explained that about a year ago the City had identified several
items needing funding such as a Recreation Center for the Youth Center and a Skateboard
Park. At that time, staff spoke to the Board of Supervisors, advising them of the City's
support for these groups. There was approximately $3 - $4 million worth of requests, while
the County would only be receiving $1 million. Since that time, the City has not
approached the County for a portion of those funds.
Mr. Jones explained that the Board of Supervisors has decided to form a committee
concerning the subject and hopefully there will be additional time for public input on how
the funds should be used.
NEW BUSINESS
7a. Adoption of Urgency Ordinance to .Amend Ukiah City Code Section 7071
Regarding Roadway Speed Zones
City Manager Horsley explained that this project was budgeted and it has taken at least
six months to hire extra staff and put the project together. It is good to see the project
come to fruition at this time.
Deputy Public Works Director Seanor advised that the proposed urgency ordinance
would amend Ukiah City Code Section 7071 to list all street segments in the City on which
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the posted speed limit is not 25 miles per hour (mph). The ordinance is proposed as an
urgency measure so that the City can implement the necessary signing immediately rather
than wait until May 5, the date when a typical adoption process would be effective. He
explained that, by law, in order to provide radar enforcement of speeds in speed zones, the
City is required to update its speed surveys every five years. One of the main changes in
the speed zones is in the area of Gobbi Street, between Dora and Leslie Street which staff
is proposing decrease from 30 mph to 25 mph. The second location is on Low Gap Road
between Bush Street and the west City Limit~, which is proposed to be increased from 30
mph to 35 mph. In reviewing the proposed speed zones, the Public Safety Committee had
expressed concern that the 35 mph may be fast for a street that is used by a number of
pedestrians and cyclists traveling to schools.
He discussed the Low Gap Road speed survey and reviewed the accident rate and
roadside conditions. There are bike lanes and sidewalks on both sides of the street and no
parking is allowed on Low Gap Road. He discussed the 85th percentile, as established by
Caltrans Guidelines, with regard to establishing a speed zone and how it applies to Low
Gap Road.
City Attorney Rapport explained that in the proposed ordinance, Section 7071 is titled
"Excess Speed Zone", however, one of the proposed speed zones is less than 20 mph and
therefore staff is suggesting that the title be changed to "Speed Zones Exceptions". He
also recommended the actual text of the ordinance be changed from "Excess Speed
Zone", under Section 7071, to "Speed Zone Exceptions". He explained that some of the
speed zones were set by resolution, rather than ordinance, and the Vehicle Code speaks
specifically of an ordinance for the excess speed zones. Therefore, staff has included
those zones that were previously only included in the resolution and the amended
ordinance.
Discussion followed concerning the speed limits and it was noted by staff that the speed
limit on all streets, unless otherwise posted, is 25 mph. Considerable discussion followed
concerning whether to increase the speed limit on Low Gap Road.
Mayor Mastin expressed concern with raising the speed limit on Low Gap Road since
there is increased use from the High School, Mendocino County Administrative Center, and
a new residential complex proposed at the corner of Low Gap Road and Bush Street.
Should the speed limit increase, vehicles will continue to increase their speed over the limit
which may result in increased accidents in the area.
Councilmember Libby shared Mayor Mastin's concerns. She expressed concern with the
apartment complex to be constructed in the area since it is unknown at this time what its
affect will be on traffic.
City Attorney Rapport explained that there is a problem of using radar to enforce the
speed limit on Low Gap Road. He discussed the Vehicle Code which states that you have
to set the speed limit based on a traffic and engineering survey approved by the City
Engineer. The survey does not have to be approved by the City Council, however, the
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ordinance amendment does need City Council approval. The survey is an engineering
determination based on Caltrans criteria. He inquired of Mr. Seanor that if Council finds 35
mph is too fast for Low Gap Road, would the City Engineer's office be prepared to revise
their survey to reflect 30 mph for that street.
Mr. Seanor answered affirmatively and noted staff would look into the matter.
Police Chief Williams explained that he was part of the Public Safety Committee and felt it
might be a problem to raise the speed limit on Low Gap Road because it would encourage
the younger drivers to go faster than the speed limit. He encouraged Council to justify the
speed remain at 30 mph on Low Gap Road so radar enforcement can continue.
City Attorney Rapport responded to an inquiry by Councilmember Ashiku with regard to
Council adopting the proposed ordinance with the recommended changes, by advising that
if Mr. Seanor sees no problem with amending the recommended speed zone for Low Gap
Road to 30 mph, then the proposed ordinance could be amended further by deleting the
Low Gap Road segment under the 35 mph zone and include it under the 30 mph segment.
Mr. Seanor advised that staff can look at it again and prepare justification for the 30 mph
speed limit on Low Gap Road, based on the fact that an apartment complex will be located
in the area and other issues. He noted that the report has already been approved by the
City Engineer and he would need to recertify it.
M/RC Ashiku/Smith to introduce and adopt urgency, by title only, amending Section 7071
in Article 4 of Chapter 1 of Division 8 of the Ukiah City Code Providing Speed Zones
Exemptions for the City of Ukiah, and amending the title of Section 7071 to read "Speed
Zones Exceptions, and that Low Gap Road should be classified under the 30 mile per hour
zone; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin,
Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
City Clerk Ulvila read the title of the Ordinance.
M/RC Ashiku/Smith to adopt urgency Ordinance No. 1027 amending Section 7071 in
Article 4 of Chapter 1 of Division 8 of the Ukiah City Code Providing Speed Zones
Exceptions for the City of Ukiah, as amended; carried by the following roll call vote: AYES:
Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None.
ABSENT: None. ABSTAIN: None.
NEW BUSINESS
7b. Authorize Payment to the Inland Water and Power Commission of $8,000 to
Cover the City of Ukiah's Share of Outstanding and Future Legal Expenses
Relative to the Eel River Diversion and the Sale of the Potter Valley Hydro
Project
City Manager Horsley advised that the Inland Water and Power Commission
(Commission) has hired an attorney, Mr. Antonio Rossman, to assist all of the agencies
with the Potter Valley Project in the sale of the hydro project. The bills for legal services
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have accumulated to $20,000 for January and February, and it is suggested that the
Commission budget an additional $5,000 per month up to June 30, 2000. The City's
portion of that would be $8,000. Staff is recommending Council approve a budget
amendment in the amount of $8,000 to pay the legal bills.
Councilmember Baldwin explained that members of the Commission believe that we are
getting our money's worth. He inquired if there is any way to make a judgement about
whether or not all the work listed in billed hours is valuable or justified.
There was discussion of Mr. Rossman's work for the Commission and how to monitor his
billing statements.
City Manager Horsley explained that for a calendar year it is estimated $14,000 per
agency would be needed. The City would then be paying $8,000 for the next fiscal year.
The City has paid $2,000 for the Inland Water and Power Commission fees, and $2,000 for
attorney fees this year, as well as $2,000 for last year's attorney fees.
Councilmember Baldwin responded to an inquiry by Councilmember Libby if he felt they
,
are representing Ukiah, by stating yes. At some point the Commission will need to seek
voter approval for operating costs and that is the reason why they are currently working on
an educational video to prepare the voters for discussion about increased fees or
assessment districts for taxation.
City Manager Horsley explained that at the time the Commission's budget was prepared
not enough was known in order to estimate costs. They are now preparing their budget
needs for the coming year.
Councilmember Baldwin explained that the Fishery Review Group's proposal of no more
than 15% reduction was acceptable by the majority of the Commission. They also want to
make sure they can be heard on the issue of the sale.
City Attorney Rapport discussed on-going legal issues. Most of the issues aren't
primarily legal issues, but hydrological and engineering issues. He also discussed issues
related to adequately protecting the salmon and steel head in the Eel River.
M/RC Ashiku/Baldwin authorizing payment to the Inland Water and Power Commission of
$8,000 to cover Ukiah's share of Outstanding and future legal expenses; carried by the
following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor
Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
NEW BUSINESS
7c. Accept Report from the Electric Utility_ Outlining System Improvements to the
City_ of Ukiah's Electrical System and Consideration of a Budget Amendment
in the Amount of $77,000
Public Utility Director Barnes gave a presentation outlining the electric system
improvements that have been accomplished since Fiscal Year 1991-92. Two rules of
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electric utility operations are that 1) You will always have outages, and 2) No matter what
you do, you cannot change Rule 1. He attempted to give Council a perspective of where
we need to spend money and what we will accomplish. He discussed the primary causes
of outages from: Animals - birds and squirrels (as well as humans), Trees, Transmission
switching, and System component failures - connections, switches, wire and transformers.
He briefly discussed the percent of outages and percent of duration for each of these types
of outages.
The goals for rebuilding a distribution system are: 1) Reduce the frequency of outages, 2)
Reduce the duration of outages, and 3) Understand the affect changes will have on Goals
1 and 2. He summarized the System Upgrade to include: Transformers PCB Program,
Pole Replacement, Meter Replacement, and Wire Replacement.
He discussed problem areas in the City with regard to outages on the western hills, the
hydro plant hooked into the feeder at the north end of Ukiah, PCB contents and
transformers must be in compliance with EPA regulations, testing of equipment, and
replacing transformers that are under EPA standards. The Public Utility Department
hopes to have the remainder of these items changed in this budget year, but it depends on
time and availability of staff. He discussed the meter calibration program and replacement
to raise the meter standards. He further discussed the replacement of wire within the
system. He explained that there is approximately 45 miles within the system. He
discussed circuits that have new wire, and noted a major area of concern is the
underground section along Orchard Avenue, south of Brush Street.
He explained that one of their goals is to use the substation on Low Gap Road, get rid of
the transformers, and make it a switching station. The contingency plan during a power
outage was discussed with regard to switching a Icad. He expressed a need for a new
feeder in this area so that they can switch around and then pick the Icad up if there is an
outage. Their strategy has been to build a strong feeder through town. He further
discussed a contingency to make the freeway crossing on P.G.&E. poles in order to get to
the East Gobbi Street area. He reminded Council that the City's peak Icad in the summer
of 1991 was 18.5 megawatts and last summer we had 32.5 megawatts. We have doubled
the current Icad on the same wire. Typically the life of wire is approximately 30 years.
He displayed slides showing the inside of vaults and described the working conditions for
workers going into these vaults to find power outages, noting that at times they have to
pump water out or dig out mud and debris from the vaults. He explained that California is
very strict about pumping vaults due to hydrocarbons and he further discussed the process
for disposing of the water. He compared the overhead to the underground system and
discussed techniques for detecting outages.
Discussion followed concerning the cost of switches with a comparison of underground to
overhead lines. Mr. Barnes noted that outages on overhead lines are of a shorter duration
because it is easier to find. Underground outages are more difficult to detect since all
transformers and pull boxes need to be opened to find the source of the outage.
March 15, 2000
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He displayed a chart showing budget and expenditures for distribution, materials, and the
personnel for the period from Fiscal Year 1991/92 to 1999/00. He discussed the number of
personnel needed to complete the utility rebuilding project, the current number of
personnel in the department, and emphasized the lack of lineman employed with the City.
He estimated that the system is approximately 60% complete but noted the remaining 40%
will be difficult to replace. Their goal is to work on Orchard Avenue and Gobbi Street.
Councilmember Ashiku advised that he spoke to employees of P.G.&E. as well as Pacific
Bell and they were impressed with the fine work the City's lineman have been doing and
the quality of work from the Department.
Mr. Barnes complimented Electric Supervisor Stan Bartolomei and his crew for their hard
work. He addressed Councilmember Smith's query regarding recent construction in the
Henry Street area, noting they were responding to a customer service call from a business
having problems with their computers.
City Manager Horsley noted that people tend to forget that 10 years ago, there were
many outages and now there are a few during the year. Because most of the outages
have been in the area of Orchard Avenue, they have been for a longer duration, although
the number of outages has decreased.
Mr. Barnes responded to a query by Councilmember Libby with regard to when the
upgrade to the electrical system began, by stating that it began in the 1994 season. Of
concern at that time was the danger of fire in the western hills with the use of copper wire.
He discussed the quality of copper wire and thermal ratcheting. It took their department a
couple years in order to get their standards and a plan established to make improvements
to the system.
In response to an inquiry by Councilmember.Libby with regard to the projected time frame
for upgrading the electrical system, Mr. Barnes advised that a lot depends on the amount
of manpower available, what the plan will be for upgrading, and if the City will contract out
a portion of the work. He discussed the situation of having the funds to complete the work,
but lacking manpower. He further explained the problems associated with not being able
to retain linemen.
Councilmember Libby was of the opinion that the City needs to have the manpower
needed to get the work done as quickly as possible, rather than delay the completion for
several more years. She requested information on salaries so that Council can address
this issue during its review of the budget.
City Manager Horsley explained that Personnel Officer Harris would have information
concerning salaries, and noted that some information is obtained from NCPA. She will
provide Council with a survey and look at various options.
Ernie Jones advised that he was previously employed with P.G.&E. as a maintenance
electrician and spent time doing electrical design. He discussed repair problems and felt
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the main problem is with the substation on Low Gap Road. He inquired as to the
maintenance schedule for the vault sites, and wondered if part of what the City is looking to
improve would include improvement on the maintenance at these locations. He discussed
his experiences working with P.G.&E.
Councilmember Libby encouraged Council to take an active, positive approach to the
repair and upgrade of the electrical system so that the City's rate payers have a reliable
system.
Councilmember Baldwin inquired if there are plans to continue the Apprentice Program.
He also inquired if it is state law to require a new subdivision to have underground utilities.
Mr. Barnes responded that the Department plans to continue the Apprentice Program and
the number of apprentices will depend on the amount of staffing. There is a City ordinance
that requires new subdivisions have underground utilities.
City Attorney Rapport related his experiences when certain developers were developing
subdivisions within the City and argued strenuously because they had to pay for the
improvements and installation of electrical service. They felt it increased the cost of
housing and they wanted to be able to purchase equipment that would cost less for them to
install. They lobbied the City Council and obtained some concessions, such as cable and
conduit.
Councilmember Ashiku recalled that part of the problem, prior to Mr. Barnes' employment
with the City, was having the wrong connectors, poor maintenance, and trying to keep
rates Iow. He discussed maintenance issues and noted that Mr. Barnes has a good
understanding of the problems within the system. Although maintenance is essential, there
is no need to patch something when the equipment needs to be replaced in order to affect
a permanent solution. The utility has to meet certain pressures such as staying within a
budget without raising rates, and to deal with the growth of businesses within the
community with a limited amount of staff available.
Councilmember Libby discussed a potential budget amendment for operating expenses
and recommended holding the $77,000 until Council can look at it again during budget
review to see how we can obtain additional linemen.
City Manager Horsley advised that the money has been accepted in General Revenues.
8:20 p.m. - Recessed.
8:30 p.m. - Reconvened.
NEW BUSINESS
7d. Consideration and Adoption of Resolution Revising Compensation for City Clerk
City Manager Horsley explained that in 1997 the City Council approved a procedure for
recommendation of compensation of the City Clerk. Approximately 75% of the City Clerk's
responsibilities and duties involve other City staff functions. It was approved that the City
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Manager would meet with the City Clerk and other staff to evaluate and make
recommendations regarding compensation. Marie Ulvila was appointed City Clerk in 1998
and has proven to have excellent skills. She has organized many of the City Clerk's
procedures and constructed a Clerk's manual. This year she has accomplished two
significant projects. She organized the records retention boxes that were ready for
destruction and had the departments review their contents. This consisted of over 100
boxes due to nearly a two year backlog. In addition, she has reorganized the records
retention schedule, working with the City Clerk's Association, and will be returning to
Council with recommendations for some of those changes. This process involved meeting
with departmental staff to assess their needs. Additionally, at her request, the City Clerk
compiled lease information for all City leases, as well as the Airport hangars and for the
Ukiah Valley Conference Center, making it easier to identify termination dates and the
terms of each lease.
Overall, City Clerk Ulvila is performing in a very effective manner with City staff and
compliments have been received from the public. She recommended a 4% cost of living
increase, based on the cost of living figures of 4.2% from the San Francisco/Oakland/San
Jose Consumer Price Index, December 1999. The increase between March 19 and June
30 equals $255, which can be absorbed by savings in the current City Clerk budget. The
goal for next year is to have Council consider the City Clerk's compensation adjustment in
April, to be effective in the subsequent fiscal year budget. She discussed this proposal
with the City Clerk and she finds the plan acceptable.
Mayor Mastin noted that the City Clerk is an elected official and inquired if she fell under
the same rule as Councilmembers with regard to salary increase.
City Attorney Rapport advised that there are separate statutes for the City Clerk and City
Treasurer and it has been interpreted as allowing the incumbent to benefit from an
increase in compensation during their term. The City Council falls under a different statute.
M/RC Baldwin/Ashiku adopting Resolution No. 2000-32 approving compensation for City
Clerk; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin,
Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None
NEW BUSINESS
7e. Report of Annual Northern California Power Association Leqislative Conference -
Councilmembers Ashiku and Libby
Councilmember Libby explained that she provided Council with some written information
from the recent Northern California Power Association (NCPA) Conference that her and
Councilmember Ashiku attended in Washington, D.C. She stated that in January, she
attended a two-day workshop in Sacramento which provided her with the history and
structure on NCPA.
Councilmembers Ashiku and Libby went back to Washington, D.C. with NCPA to help
lobby our congressional leaders on legislative issues that would directly affect the cost of
buying power to Ukiah. The first day in Washington, D.C., they attended a briefing on all
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legislative issues would be discussed with the Legislatures.
There were approximately 40 people who attended the conference in Washington, D.C.,
with about 16 being elected officials. Most of the jurisdictions had at least two
representatives accompanying them to Washington. The information provided to Council
concerned various issues that NCPA are lobbying. All the issues concern keeping our
rates Iow for the consumer. She discussed the procedure for the various meetings, noting
that representatives were basically on-call, because the meeting times and days could
change at any given time. She explained that the congressional leaders of Senator
Feinstein, Senator Boxer and Congressman Thompson would only see elected officials
because they represent voters.
Councilmember Ashiku pointed out that NCPA was not successful in acquiring the
audience of Senators Feinstein and Boxer until they were able to state that they had 16
elected officials. NCPA has been unable to effectively communicate its issues directly to
the Senator's and had been communicating with their staff. Their staff were not
sympathetic to the interests of NCPA cities and a stalemate had been reached on issues.
Councilmember Libby felt that the meeting with Senator Feinstein was very beneficial.
With regard to the Trinity Water Environmental Impact Statement (ELS), if this is diverted, it
could mean an increase anywhere from $5 to $10 million per year for western power. On
the local level, the cost of power could increase anywhere from $28,000 to $58,000 per
year. When they visited with Senator Feinstein and asked that she look at a more
moderate approach to this situation or other ways to address, she was very open and
directed her staff to look at the situation. She basically agreed that NCPA doesn't have to
take such a stringent perspective.
,
Councilmember Ashiku discussed Senator Feinstein giving direction to staff members as
to what she wanted done. He explained that the ElS that was developed by the
Department of Interior basically wanted to reduce flows from the Trinity River to the Central
Valley Project in a significant way and it looked at the impact it had on the Trinity River as
opposed to the environmental consequences it had for the entire Delta area and the
Sacramento basin. NCPA's argument was that the study should have considered a more
moderate view and they are sensitive to the environment. There are other structural and
environmental problems in the water shed that need to be addressed and NCPA would
prefer to put money into improving the water shed and riparian corridor before leaping
ahead with the diversion back to the Trinity River. Fortunately, Senator Feinstein
understood how this would impact her constituents and the environment in the Delta area.
Councilmember Baldwin inquired as to who paid for them to attend the conference.
Councilmember Ashiku explained that NCPA sponsored the entire portion of his trip and
a good portion of Councilmember Libby's activities. The City paid for some airfare for
Councilmember Libby. He advised that the.entire trip was work related and worthwhile.
He felt that the money the City spent was well worthwhile and wished that more City
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representatives could have attended the conference. He found meeting with the Senators
and Congressman very informative. He noted that a number of times he has attended
NCPA meetings at his own expense and it is only recently that he has used a City vehicle.
Councilmember Baldwin inquired if the potential federal requirement that we would open
our market, was an issue.
Councilmember Ashiku responded that it doesn't appear to be an issue and there does
not seem to be legislation this year that would be supportive to require opening of our
market. One of the big issues for the City of Ukiah, and all customers in California, is the
hydro divestiture of P.G.&E.'s hydro assets. A monopoly type situation is created whereby
a particular entity could acquire all the hydro assets and then manipulate the utility market
by putting the reliability and delivery of power, as well as the cost of power, at risk. This is
one of the big issues that was presented to the Senators and Congressman Thompson.
There is also the issue of protecting the environment. These are all issues why NCPA was
lobbying to exercise more oversight in the sale of those assets.
Councilmember Libby advised that Senator Feinstein offered to write a bill, with NCPA
creating the language for it.
Councilmember Ashiku felt that Senator Boxer was not interested in public power,
however, if someone sponsored a bill, she would be interested in supporting it. He
discussed the calculations of the royalties that NCPA has paid to the Department of Interior
for the right to geothermal wells. Other companies operating similar type fields on similar
type lands receive different treatment, which puts NCPA at a competitive disadvantage.
He discussed negotiations between Lake County and NCPA and that Congressman
Thompson has been very involved in those negotiations to assure that, not only Ukiah and
Healdsburg's interests are represented, but that an equitable solution is devised.
He summarized that the conference dealt with on-going problems and challenges in flow to
hydro plants, excess royalty payments on geothermals and to the entire market place, how
divestiture of assets is a result of the AB1890, the Deregulation Bill, and how those
generation assets are sold and the affect they will have on the market place. One of the
requirements of deregulation is to put some transmission facilities and assets into general
public use. He discussed loosing tax exempt status and how to make deregulation work by
having Congress sponsor an amendment to the IRS Code to provide for tax exempt status,
or relief from that rule. It is expected that the Bill will most likely pass this year.
Councilmember Libby discussed the Bond Fairness and Protection Act and felt it is
fundamentally a compromise measure since it does not advantage one market participant
over another. The last night they were in Washington, they attended a Congressional
reception by the California delegation and it was well attended.
NEW BUSINESS
7f. Discussion of AB483, Billboard Removal - Councilmember Baldwin
Councilmember Baldwin advised that he submitted information regarding AB483, as
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proposed by Assemblyman Wildman. He explained that there is some interest in bringing
back to local control the ability to regulate outdoor advertisement. He encouraged his
fellow Councilmembers to lend their support for the Bill. It was his opinion that there is an
epidemic of billboards along Highway 101 in inland Mendocino County. He noted several
areas where billboards exist in Hopland as well as the area between Highway 20 and
Ukiah. Even though they are all in the unincorporated areas, he believes they affect how
the City of Ukiah is perceived by people who pass through the Ukiah Valley or choose to
visit Ukiah. He felt it is vital that whenever we can bring power back to the local level, we
should. He discussed the Outdoor Advertising Act, and noted that it basically denies local
governments the power to remove billboards without full compensation and is one of the
most pro-billboard Acts in the United States. He recommended Council send a letter to
relevant State officials asking that authority be returned to local government for regulating
outdoor advertisement. The letter would also be supportive of the concept of returning
authority to an act of amortization programs. He noted that driving north to Eureka, after
passing Willits, there are virtually no billboards along Highway 101. He also noted the
same is true driving on Highway 101 south of Hopland to Sonoma County. Even though
there are many wineries nearby, most people who like to tour wineries in our community
find it less attractive due to the billboards. He recommended Council also encourage the
County to work with the City of Ukiah if Highway 101 were to become eligible to be
declared a Scenic Highway, noting that billboards are not allowed on Scenic Highways.
Councilmember Libby understood that the government can ask that a billboard be
removed.
Councilmember Baldwin explained that the Wildman bill advocates that many
communities simply don't have the funds to pay full compensation to have the billboards
removed. Mr. Wildman's proposal is to amortize the sign based on its original value over a
certain amount of years, depending on its original value. The billboard lobbyists are now
supporting denial of local governments ability to have such a plan and they say that
billboards should be treated like any other imminent domain issue which would require full
compensation, and issues of future earnings as well. Therefore, it is too expensive to have
billboards removed under the existing law.
Upon a query by Mayor Mastin with regard to the removal of billboards in the Scenic
Highway designation, it was noted by Councilmember Baldwin that the Scenic Highway
section in the State law says "Except as provided in a different section, no advertising
display may be placed or maintained along any highway or segment of any interstate
highway, or primary highway, that before, on or after the effective date of the United States
Code, is an officially designated Scenic Highway or Scenic Byway." He did not know how
a highway becomes designated as a Scenic Highway. He was also unsure if it could be an
element that could be placed in the City's General Plan.
Councilmember Libby was of the opinion that this is a County issue because the City has
a billboard ordinance within the City Limits.
Councilmember Baldwin explained that Council has passed resolutions for and against
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various kinds of legislation in the past and endorses State legislation all the time. He
thought that support of AB483 makes sense because it is important that power be returned
to the local level over key issues such as this.
Discussion followed concerning the restrictions that may be imposed on the County
concerning removal of billboards and compensation. The Outdoor Advertising Act was
also discussed.
Councilmember Baldwin was of the opinion that the City should encourage the County to
join the City of Ukiah in working towards a Scenic Highway designation and also
encourage the State to return that power to regulate outdoor advertising to the local
governments, as it was prior to 1978.
M/RC Ashiku/Baldwin directing staff to draft a letter to the appropriate government
agency voicing the City's support of the AB483, Billboard Removal, and authorizing the
Mayor to sign the letter.
Councilmember Libby was of the opinion that the property owners should be
compensated in some way for the removal of billboards on their property. She was unsure
if she could support taking someone's personal property without compensating them.
Councilmember Ashiku explained that while there may be some economic value in
billboards as far as future use of that asset, he does not consider a billboard as a personal
piece of property, such as a residence.
Councilmember Libby advised that she has not heard of anyone saying that they do not
come to Ukiah because of billboards.
Councilmember Baldwin felt the City needs to work on its aesthetics so that more people
will be attracted to Ukiah and felt billboards are a blight on the aesthetics on the Ukiah
Valley.
Mayor Mastin explained that billboards, unlike other signage, tends to be filled with
national ad campaigns rather than local advertising. It is less of an asset to the area than it
would be for local business advertising.
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin,
Ashiku, and Mayor Mastin. NOES: Councilmember Libby. ABSENT: None. ABSTAIN:
None.
7g. Considered and Approved Lease Renewal with South Ukiah Little League
Mayor Mastin noted that this item was originally item 5b on the Consent Calendar but was
pulled at the request of Councilmember Baldwin.
Councilmember Baldwin referred to page 2, section 4.3, which referenced the Little
League sponsoring a race. In speaking with Community Service Director DeKnoblough,
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Mr. DeKnoblough informed him that this is a typographical error. He also expressed
concern that the South Ukiah Little League is expected to maintain a fence which prohibits
access to the adjoining properties to the south and the west. He referred to Council's
previous approval of construction of a fence around the perimeter of the Gobbi Street
Riverside Park. He inquired as to why the City would construct a fence if the South Ukiah
Little League is expected to maintain a fence as well.
City Manager Horsley explained that the fence that Councilmember Baldwin referenced is
for the Gobbi Street Riverside Park, which would extend back near agricultural lands.
Community Services Director DeKnobloUgh explained that the fence is located along
the perimeter of their ball fields and will help to retain baseballs and children from
wandering out of the area. The outfield in that area backs up to within 10 feet of the
property line and there is a house and yard nearby. This particular ballfield is not located
near the vineyard area.
Councilmember Baldwin also inquired of section 4.6 of the lease that refers to the
"...relocation, alteration, removal, construction, reconstruction of any municipal or private
facilities...", and noted the section does not say "with City approval". He inquired how this
section would coincide with the fact that the City would like to control development of the
Gobbi Street Riverside Park in the future.
Mr. DeKnoblough explained that before the South Ukiah Little League can do any
improvements or alterations to the property, they would be required to obtain approval from
the City by submitting plans, as noted on section 4.2 on page 2 of the lease.
M/RC Baldwin/Ashiku approving Lease Renewal with South Ukiah Little League; carried
by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and
Mayor Mastin. NOES: None. ABSENT: Non. e. ABSTAIN: None.
7h. Authorized to Proceed with Request for Proposals (RFP) for Cable Television
Renewal Consulting Services
Mayor Mastin noted that this item was originally item 5c on the Consent Calendar but
pulled at the request of Councilmember Libby.
Councilmember Libby inquired as to why the consulting fees are being paid by the
communications system instead of us since we are the ones asking for a consultant.
City Manager Horsley explained that Assistant City Manager Flad attended the group
meetings regarding this matter and he spoke to her about discussions at their meetings. In
previous contracts there was an agreement that the cable company would pay for a series
of things, including purchasing equipment for the public access educational channel. In
providing this access there was a community benefit type of charge used to fund these
items from the cable company, which was approved by the group at that time.
She further explained that the consultant fee is part of the negotiations with Adelphia
Communications, and has not been agreed upon as yet. She noted that Council's vote
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would be to proceed with the RFP. If Council feels that the committee should not require
Adelphia to pay for the fees as part of the negotiations, then staff will advise the committee
of Council's actions. The RFP is to hire a consultant and does not determine who will pay
for the cost.
Discussion followed concerning negotiations for a cable franchise agreement and the
ownership of the wires for transmittal. There was also discussion concerning Adelphia
Communications owning the system and how costly it would be for another provider.
City Attorney Rapport advised that the existing franchise agreement may have a
provision concerning the expiration of the initial term and may have language that require
the parties to negotiate a new term in good faith.
Further discussion followed concerning the City of Ukiah joining other cities as a collective
bargaining unit. It was noted by City Manager Horsle¥ that the original contract was a
joint group contract. The reason for hiring a consultant is because these negotiations are
very technical and have many aspects of them and there is no one within the local
governmental system that feels they are qualified for the position.
Councilmember Ashiku was of the opinion that the cost of the consultant fee should be
the burden of the cable company because it would directly translated to the fees that they
charge subscribers. He felt it is unreasonable, particularly in unincorporated areas where
certain citizens are not provided the service but would have to pay for the agreement.
Councilmember Baldwin expressed concern with the deadline of December 6, 2000 for
the consultants to compile community surveys, meetings, etc. and if they will be able to
meet the requirements within this time frame.
Ms. Horsley advised that the committee began the process nearly a year ago and there
has been some delays. She assumed that it may be necessary for the parties to the
negotiations to extend the December 6, 2000 timeline during negotiations. This type of
consultant has experience negotiating contracts with cable companies throughout the
United States, and can very quickly review the contract.
Mayor Mastin was of the opinion that it is appropriate to have the cable company pay for
the consultant fees since they basically have a monopoly on it. He was unsure as to how
their rates are regulated.
City Manager Horsley explained that Fort Bragg tried to get involved with the rates, but
found that the process was horrendous and did not pursue it.
City Attorney Rapport explained that there is a new Telecommunications Act which
regulates how local jurisdictions can become involved with rate setting. He explained that
some Federal Court of Appeals decisions have said that setting rates for cable television
companies is a violation of the First Amendment rights of the cable company. In 1996,
Congress responded with the Telecommunications Act, provided some standards and put
March 15, 2000
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certain burdens on the jurisdiction that wants to regulate rates. The jurisdictions can do it,
although it is not easy.
Discussion followed concerning other types of technology taking a monopoly away from
cable companies. Cable companies aren't just competing against other companies that
may want to take over the wires, but are competing against those that are selling access to
programming, Internet through satellite connections, telephone lines, and other things.
City Manager Horsley advised that the City received a letter from the cable company that
they plan to diversify into various areas in which they will be competing directly with Pacific
Bell and others.
Discussion followed concerning the negotiations and the cable company meeting the
previous requirements of the franchise agreement. The relationship of the consultants and
Adelphia was briefly discussed.
M/RC Smith/Ashiku authorizing staff to issue a Request for Proposal (RFP) for Cable
Television Renewal Consulting Services.
Councilmember Libby inquired if the motion passes would it allow issuance of the RFP
and if another directive by Council would be needed so the cable company would not be
,
responsible for the consultant's fee.
City Manager Horsley explained that the committee is intending to ask that the cable
company pay the consultant's fee. Therefore, if Council decides they do not want that to
happen, they can direct staff to inform the committee that they are not in agreement.
Councilmember Baldwin referred to page 2 of the June 3, 1998 Agenda Summary
Report, last paragraph, in which it was stated that "...it merely represents authorization to
proceed with the concept of hiring a consultant..."
Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby,
Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
8. CITY COUNCIL REPORTS
Councilmember Smith reported that on March 2, 2000 he attended a meeting of the Main
Street Board of Directors in the morning and then a Main Street Board Recognition Dinner
later that night. A copy of the certificate which the City received was sent to Council. It
was a very well attended meeting.
,
He reported that Senator Wes Chesbro visited the Ukiah Valley Association for Habilitation
(UVAH) facility and he spoke to him further about City concerns, especially about the Eel
River diversion plan.
Councilmember Libby reported attending the Town House Meeting on March 2, 2000.
Senator Chesbro was in attendance and discussed his concerns about medical care.
March 15, 2000
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The Mendocino County Film Advisory Committee is moving on.
The Chamber of Commerce plans to come before Council in May requesting $19,000.
She had recommended to them that they not approach Council in June for funds, since the
budget would be close to being finalized. They will be contacting each Councilmember and
taking them to lunch, asking about their concerns, and inquiring if there is anything they
would like to see the Chamber doing, or no.t doing. They are looking at increasing the
membership dues by possibly 3% or more. They are revising their current Status and
Policy and Procedures Manual and she has a draft copy available for those wishing to
review the document. Their Organization Structure, Policies and Procedures, as well as
their Employee Handbook is also in the process of being revised and she has a draft copy
available for review.
Councilmember Baldwin inquired if Councilmember Libby had seen the Black Avenger.
Councilmember Libby advised that she helped at the booth for the EDFC Business
Symposium and stayed to hear their speaker, who was sponsored by the Chamber of
Commerce. She briefly discussed the speaker, who spoke on a business issue. The
Chamber plans to hold the Business Symposium again and are looking at different ways to
make it better and to increase attendance.
Councilmember Baldwin reported that the Mendocino County Inland Water and Power
Commission (IWPC) is going forward with the program to create an educational video
using Sonoma County Water Agency money. The IWPC is working on finding someone to
compile data and create a narrative for the 30 minute, $20,000-$30,000 educational video.
There is a lot of controversy regarding the proposed canal around the lake. The growers in
Potter Valley are extremely nervous and seem to be moving in total opposition because
they are concerned about the Endangered Species Act affecting their ability to practice
agriculture and are also worried about the proposed canal around the lake. There is a
meeting scheduled for March 16 in Potter Valley.
Discussion followed between Councilmember Baldwin and City Manager Horsley with
regard to having a presentation to Council by IWPC attorney, Antonio Rossman regarding
where the IWPC stands and the work they are doing.
Councilmember Ashiku reported that at the last LAFCO meeting, the entire agenda
addressed the results of a study which was performed by a blue ribbon committee with
regard to recommendations and changes to overhaul LAFCO. One of the significant
components to the City and Special Districts is LAFCO's vicinal law that would require all
members of LAFCO to pay their fair share. Currently, the County pays for LAFCO. It is
uncertain if it will ever become law. There were other revisions that were recommended as
far as redistricting a school district, expanding some of the authority of LAFCO and taking
some of the authority of subdivisions away from local planning departments and making
them part of review by LAFCO. If the entire policy recommendations were implemented, it
would create a super agency. Therefore, i~ was the consensus of LAFCO to take the
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position, similar to other LAFCO agencies, to oppose some of the major proposed
changes, There is not a lot of activity at the current time with LAFCO,
He will attend the next NCPA meeting on March 23, 2000.
He reported speaking with Featherlight today and they are very pleased with the
assistance they received from Mike Flad and other City staff who participated in the project
review for their manufacturing facility at the Airport.
Mayor Mastin advised that MSWMA met in special session on March 14, 2000 and the
North State Street property is officially on the market. The Board chose Realty World as
their brokers for the 9+acres on North State Street where the consolidated transfer station
is planned to be developed,. The asking price is $1.025 million. It is hoped that MSWMA
will be able to sell the property quickly and they have had a number of inquiries already.
The proceeds of that sale will first go to pay off the loan and the remainder coming back to
the agencies that are part of MSWMA, to decide what should be done with the profit. He
estimated that the loan balance on the North State Street property is less than $500,000.
With regard to the Taylor Drive site, he advised that the City is still being legally
challenged. He received word today that Redwood Health Club will be proceeding with a
law suit. There was a brief discussion concerning the deadline for legal challenges on the
matter. He discussed the Taylor Drive site, possible legal challenges, and their attempt to
move forward with the project.
He advised that he will miss the April 19 City Council meeting as he will be on vacation.
He was suppose to meet with the Mendocino County Grand Jury this week, however, he
received notice that the meeting was canceled and may or may not be rescheduled for this
year. They wanted to meet with him to discuss the City's operations and practices.
11. CITY MANAGER/DIRECTOR REPORTS
City Manager Horsley reported that she received a call today from the Employers Council
because they have not received any RSVP from Councilmembers concerning the reception
on March 24, 2000. Councilmembers Libby, Ashiku, and Mayor Mastin said they would
attend.
Mayor Mastin advised that this will be a social event and to be aware of the Brown Act
regulations since three Councilmembers will be in attendance.
City Manager Horsley further advised of a meeting on March 16, 2000 at 7:00 p.m.
regarding Traffic Calming Measures for the Clara Avenue/Ford Street.
Councilmembers Libby voiced her desire to attend that meeting.
City Manager Horsley advised that the City received a letter from Ascot Air and they have
agreed to change their initial schedule to only one flight a day, around 10:30 or 11:00.
Staff will return to Council for approval of their schedule and lease agreement for their
March 15, 2000
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operations. They have a list of all their fares for five destinations.
City Clerk Ulvila advised that the Fair Political Practices Commission recently sent a copy
of the Political Reform Act of 1974, as amended to January 1,2000, and is available in the
City Clerk's office for review. She reminded Council that the Fair Political Practices
Commission Form 700 - Statement of Economic Interest is due in the City Clerk's office
April 3, 2000.
She reported that she missed the last Council meeting due to a trip she took to
Washington, D.C. with her husband. He and other members of the Mendocino Private
Industry Council and the Workforce Investment Board (WIB) were attending a conference
there. She had an opportunity to meet with Congressman Thompson, as part of this group
and received a tour by his aid of both Congress and Senate.
She explained that she will be absent from he April 5, 2000 Council meeting as she plans
to attend the annual City Clerks Association of California conference in Concord. Deputy
City Clerk Karen Yoast will take the minutes at that meeting.
9:55 p.m. - Adjourned to sit as Ukiah Redevelopment Agency.
10:00 p.m. - Reconvened.
10:00 p.m. - Adjourned to Closed Session.
12. CLOSED SESSION
a. Public Employee Performance Evaluation: City Manager
11:44 p.m. - Reconvened.
M/RC Smith/Libby approving 4% increase in the City Manager's salary contract; carried by
the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and
Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None.
13. ADJOURNMENT
There being no further business, the meeting was adjourned at 11:45 p.m.
Marie Ulvila, City Clerk
March 15, 2000
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