HomeMy WebLinkAboutMin 03-05-03 MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 5, 2003
The Ukiah City Council met at a Regular Meeting on March 5, 2003, the notice for which
had been legally noticed and posted, at 6:35 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, Interim Fire Chief Cohn, Assistant City
Manager Fierro, City Manager Horsley, Acting City Attorney Johnson, Distribution
Engineer Sauers, Deputy Director of Public Works Seanor, Planning Director Stump,
and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Interim Fire Chief Cohn led the Pledge of Allegiance.
4. APPROVAL OF MINUTES
4a. Regular Meeting of February_ 19, 2003
Councilmember Andersen recommended a correction to page 2, second to last
paragraph, the first sentence should read, "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 also recommended a correction to page 4, first paragraph,
that the last sentence should read, "If we believe that we should not preemptively go to
war with Iraq and if we don't say anything then we're complicit, and that silence is
complicity." He noted there are some spelling errors of speaker's names and he would
provide the City Clerk with that information.
City Clerk Ulvila recommended that speakers list their name on the sign in sheet so
that their name could be listed correctly for the record.
M/S Baldwin/Andersen approving the Regular Meeting Minutes of February 19, 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/Rodin approving items a through e of the Consent Calendar as follows:
a. Adoption of Resolution 2003-28 Authorizing Fire Chief To Sign Agreement With
California Department of Forestry Regarding Use of Federal Excess Property;
b. Adoption of Resolution 2003-29 Restoring On-Street Parking at 953 and 955 North
State Street;
c. Approved Lease Renewal for Rusty Bowl BMX, Inc.;
d. Approved Lease with North Ukiah Little League;
e. Received Notification to the City Council Regarding the Purchase of Sodium Bisulfite
From Basic Chemical Solutions For The Sum of $337.60 Per Dry Ton.
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March 5, 2003
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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
James Mulheren, Ukiah, addressed the City Council concerning its recent Resolution
opposing preemptive military action against Iraq. He read a prepared statement
encouraging the City Council to "stand up and be counted in their support of our military
personnel." He announced that on May 2nd through 4th there would be a reunion for all
veterans, family and friends at the Mendocino County Fairgrounds in Boonville.
3. PRESENTATION
3a. Presentation Regarding Cable Public Access Channel
Jay Johnson, Director of Mendocino County Information Services Department (ISO),
advised that he has been involved in discussions with City Staff and Adelphia for
developing and funding public access cable channels throughout the County. He has
discussed with Mr. Lamb, Manager of Adelphia, and his perspective regarding the
needs of other cities in the County, the Office of Education, School Districts, and
Mendocino College in a combined effort for educational purposes, with a focus on
quality service. Mendocino County has given him authority to go ahead and discuss his
ideas with other cities in order to address the best way to provide services. A board of
directors would make sure funds for dedicated access is accounted for and it would be
set up as a business that will remain with the cable franchise. He explained that he
would be able to assist with the technical support aspect of the JPA and went on to
discuss maintenance agreements. He felt that funding sources would be available.
City Manager Horsley noted that the benefits of this plan are its structure, support,
technical expertise, and staff.
8. PUBLIC HEARING
8a. Denial of Appeal Filed by Safeway, Inc. Concerning the Plannin_n
Commission's Disapproval Of Its Use Permit Application For A ~=ueling Station
Planning Director Stump advised that on May 8, 2002, the Planning Commission
considered the Use Permit application filed by Safeway, Inc. that would allow a 24-hour
Safeway discount gasoline station to be developed in the parking lot of the existing
Safeway store property located at 653 South State Street. After a public hearing, the
Commission voted 4-0 to deny the Use Permit because it found it to be inconsistent with
goals and policies of both the Ukiah General Plan and Master Bicycle and Pedestrian
Plan. It also made 13 findings to deny the project and found the existing parking and
pedestrian/auto circulation of the parking facility to be cramped and congested, and that
the development of a discount gasoline station would only exacerbate this problem.
The RHL Design Group, on behalf of Safeway, Inc., filed a timely appeal of the
Commission's decision.
He recommended the City Council uphold the Planning Commission's decision to deny
the project based on those 13 findings and in addition, make one other finding that
"Regardless of traffic issues, denial of the project could be based on any one of the 13
findings made by the Planning Commission."
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March 5, 2003
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Discussion followed with regard to details of the proposed project, potential impacts to
the Gobbi/State Streets area with regard to traffic congestion, and comparison of the
DANCO traffic study with RHL Design Group's traffic study. Traffic patterns were
addressed related to the Social Services Department's expansion at the Yokayo
Shopping Center and the amount of traffic that would be generated from the DANCO
project as well as the proposed project.
Public Hearing opened 7:10 p.m.
Valarie Wood, real estate manager for Safeway, explained that Safeway has been an
active community member, would like to provide new offerings to the community and
contribute tax base, and offer discount gas prices to its customers.
Mr. Blythe Wilson, representing RHL Design Group, advised that his firm provided the
plans for the Safeway project and they felt that the Planning Commission overlooked
some things in their assessment of the project, such as issues related to clustering on
the site, traffic issues, and the bike paths. They felt that the DANCO project would have
more of an impact on Gobbi Street than their project. He surmised that if the project
were approved, the existing traffic impacted would be minimal because shoppers at
Safeway would be able to obtain food and gas, thereby reducing other future trips for
fuel. He noted that the visual impact to the area would be minimal. He noted that
Safeway fuel prices would be competing on the lower end of gas pricing and would
provide an additional savings to those that have a Safeway Club Card.
Chris Brown, Mendocino County Air Quality Management District's (District) Air Quality
Planner, advised that if the project were approved, the facility would need a permit from
the District and install an enhanced vapor recovery system. The District's primary new
concern would then be with traffic circulation and emissions.
Those speaking in opposition of the project were Mike McCann, William French, Jr.,
Albert Krauss, Daniel de la Peza, John McCowen, Al Beltrami, and Mike Babcock.
Those speaking in support of the project were Steve Crawford, Jim Mulheren, and
Blythe Wilson.
Public Hearing Closed: 8:10 p.m.
Recessed: 8:11 p.m.
Reconvened: 8:18 p.m.
Councilmember Smith disagreed with RHL Design Group's contention that that the
project would not be a destination point and felt that the project would generate
additional congestion in the area. He opposed the project.
Councilmember Rodin was of the opinion that traffic would increase with a gas station
at the site. She felt it would create a huge impact to pedestrians and those using the
bike lanes, thereby creating an unsafe condition. "She added that even if all the traffic
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impacts could be mitigated, because the proposal was antithetical to many of the goals
in the General Plan, she would still be opposed to the project."
Councilmember Baldwin was of the opinion that the site is a poor location for a fueling
station and would increase traffic to the area. He commended the Planning
Commission on their decision.
Councilmember Andersen thought the design was nice and appreciated all that
Safeway does for the community. He discussed potential impacts on locally owned
businesses and that he is not supportive of big out of town firms whose profits do not
stay in the community. He discussed the already congested area on Gobbi Street
between Main and State Streets and that the fueling station would make matters worse.
Mayor Larson discussed the removal of 24 housing units to allow for the Safeway
expansion project. He discussed congestion in the area and noted that housing is a
higher priority for community.
M/S Smith/Andersen denying the appeal filed by Safeway, Inc., based on the 13
findings of the Planning Commission and the finding that "Regardless of traffic issues,
denial of the project could be based on any one of the 13 findings made by the Planning
Commission", carried by the following roll call vote: AYES: Councilmembers Rodin,
Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None.
ABSENT: None.
Mayor Larson advised that appeals should be heard in a timely fashion. He voiced his
intent to agendize a discussion regarding changing the City's regulations regarding
appeals of Planning Commission decisions being presented to the City Council in a
more timely fashion.
9. UNFINISHED BUSINESS
9a. Apl~roval of Memorandum of Understanding for the Russian River Watershe~
Association
City Manager Horsley advised that this matter was originally discussed in
August/September of 2002 and the Memorandum has been discussed by Council and
reviewed by the City Attorney. The City of Ukiah has been very active in making many
of these changes including in the annual budget where it states that it will not include
the electric utilities.
City Manager Horsley advised that there are many benefits associated with joining this
association. The City would receive expertise and advise from the Sonoma County
Water Agency and receive the backing of all the cities for requesting funding from the
state and federal governments for projects that will be required of the City under the
Section VII process. The City has been asked to be the Fiscal Agent for the Association
and would be paid to hire a consultant. The City of Ukiah's duties would be condensed
to the fiscal responsibilities and reporting. She requested Council's approval of the
Memorandum and felt it will be of great benefit. The Inland Water and Power
Commission's members have stated that they are supportive of joining the Association
and Mendocino County has expressed its interest as well.
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Councilmember Andersen inquired if there would be anything detrimental to the City
or Mendocino County's interest by joining this organization relative to the entire
watershed. He also inquired if there would be opportunities for groups such as the
Friends of the Russian River to join the Association.
City Manager Horsley advised that they specifically discussed the fact that they will not
get into issues that are "political". The Association would deal with common interest
projects and work cooperatively together and would steer away from issues that would
be controversial or may hurt another agency. She noted that a group like the Friends of
the Russian River might be able to act in an advisory capacity within the Association.
M/S Andersen/Smith approving Memorandum of Understanding regarding creation of
and participation in the Russian River Watershed Association, and approval of
designation of the City of Ukiah as Fiscal Agent, 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
10a. Report Regarding the Current Status of the Electric Utility
Public Utilities Director Barnes advised that the City of Ukiah owns portions of
various generation sources and works with a number of California agencies to ensure
that electric demand is met through both generation and transmission. He provided a
presentation to Council that outlined the economic impact of current generation and
transmission and the challenges the City faces to ensure that electric customers' needs
are met in the future.
City Manager Horsley explained that the last electric rate increase was in 1995 and the
City is attempting to hold the current rates until there is a reduction in the current debt.
The Public Utilities Department has done an excellent job with the electric rates.
However, the state and ISO's charges have increased.
Director Barnes discussed the possibility of renegotiating the contract with Western
Area Power Authority (Western). He noted that it might be more beneficial to the City to
not renew the contracts and to invest in its own generating capacity.
Councilmember Andersen inquired about the large electricity customers and advised
that an alternative to building more capacity would be to initiate a more serious
conservation program in the City that would be geared toward large electrical users.
Since residential users are not the biggest users of electricity, he felt that the City
should partner with the larger out of town businesses that have the resources and funds
to provide an alternative energy source. He requested that proposals be brought back
to Council this year with regard to finding ways to conserve energy.
City Manager Horsley discussed the City's solar energy program for residential users.
She explained that the Public Utilities Commission (PUC) charge for solar energy that is
currently being considered would not apply to the City of Ukiah. She noted that the City
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March 5, 2003
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has received a lot of interest in the solar energy program and the conservation
consultant could target the commercial buildings because of their high usage.
Director Barnes responded to an inquiry by Councilmember Rodin with regard to
options available for new sources of power by stating that the NCPA Commission is
evaluating projects and staff needs to consider what the mix needs to be. The long-
term decision will need to be made very soon.
It was the consensus of Council to receive the report.
10. NEW BUSINESS
10b. Consideration and Possible Action Regarding Ballot Measures For
November Election
City Manager Horsley advised that several agenda summary reports from previous
Council considerations regarding ballot measures that included mayoral questions were
included in the Staff Report. She discussed the attachments with the staff report.
Mayor Larson declared this a "town hall meeting".
Mary Lindley, 700 E. Gobbi Street, read her letter to Council into the record. She
stated that she would not be in favor of a standard appointing the next runner up to fill
the vacancy and is against the proposal of electing the Mayor to a four-year term.
Councilmember Baldwin explained that he liked Ms. Lindley's proposed wording for
the ballot measure with the exception of the word "majority" because to guarantee that a
majority elects one Councilmember may demand a primary so that only two people
would be running for office to guarantee a majority.
Councilmember Rodin inquired if the ballot could say that we chose to elect all
Councilmembers and the process of appointing the Mayor from the elected
Councilmembers is a procedural matter that would be decided by the Councilmembers.
City Clerk Ulvila explained to Council that during the last election the City Attorney
advised that the wording of a ballot measure is defined by law and needs to be worded
a certain way. The City Attorney will need to provide the argument in favor of the ballot
measure and identify options to the voters.
Discussion followed with regard to options for wording of a ballot measure for the
Mayor's position.
John Mc Cowen, provided a history of how the current system came about. He
proposed that the question to the voters be "Shall all five City Councilmembers be
elected to four-year terms and shall the office of Mayor be appointed by the City Council
from among the five elected City Councilmembers?"
William French was supportive of the Mayor being elected by the voters and felt that if
an incumbent runs for the Mayoral position, he/she should resign their seat as
Councilmember. He felt there is a need to educate the public with regard to the duties
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March 5, 2003
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of the City Council and the Mayor and the current issues involved with the Mayoral
position.
Dotty Coplen voiced her support of having five elected City Councilmembers and a
one-year rotation of the Mayor's position from among those five.
Upon an inquiry, City Clerk Ulvila explained that the November 2003 election will
consist of Special Districts and it is unknown at this time how many would participate.
Councilmember Andersen voiced his support for electing the Mayoral position.
Discussion followed concerning whether to present a ballot measure to the voters
during a primary election or during the November election. A two-year, as opposed to a
four-year term limit for Mayor was discussed.
Councilmember Baldwin discussed the option of changing the current electoral
system so that a person would challenge another person who has a different vision. He
was supportive of including a measure on the ballot in November 2004 to increase the
Transient Occupancy Tax (TOT) to 10% if there is a consensus of how the TOT would
be used.
Mayor Larson summarized that there is a consensus to pursue a ballot measure to
resolve the issue of whether the Mayor should be a separately elected office. He was in
agreement that just that ballot measure should be presented to the voters and that the
voters may become confused if anything further is added. He was supportive of forming
a Mayor's commission to research options.
M/S Baldwin/Smith providing direction to staff to obtain a legal opinion from the City
Attorney with regard to the wording submitted by John McCowen, and to report back in
a few months regarding the significance of the November 2003 election versus the
March 2004 election in relation to whether or not it would apply to the November 2004
election; carried by the following roll call vote: AYES: Councilmembers Rodin, Smith,
Baldwin, and Mayor Larson. NOES: Councilmember Andersen. ABSTAIN: None.
ABSENT: None.
10. NEW BUSINESS
10c. Introduction of Ordinance Addinq Section 7154.5 to the Ukiah City Code
Prohibitinq the Parking of Vehicles Six Feet or More in Height on Certain
Streets or Portions Thereof
Mayor Larson disclosed that since the local California Department of Transportation
(CHP) Commander generated this item, he read the report and wanted to disclose that
his wife works for the CHP office.
Deputy Director of Public Works Seanor advised that the local CHP office has
requested permission to restore on-street parking in the vicinity of 540 South Orchard
Avenue with the restriction that vehicles over six feet in height not be allowed to park in
front of the CHP/Department of Motor Vehicles (DMV) office. If adopted, the Ordinance
would apply throughout the City and is intended for commercially zoned areas. A
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resolution specifying the location of the proposed parking restrictions would be
presented to Council for consideration.
Discussion followed with regard to the height limitation and how it would affect vehicles
such as SUV's and vans. It was noted that the restriction would only apply in
commercial areas as defined by Resolution. The Ordinance would also allow additional
parking on South Orchard Avenue with the exception of vehicles over six feet in height.
Future consideration of height limitation along State Street was discussed. Council
discussed the fact that a Resolution should specify the locations for enforcement.
M/S Smith/Rodin introducing Ordinance by title only, carried by the following roll call
vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson.
NOES: None. ABSTAIN: None. ABSENT: None.
City Clerk Ulvila read the title of the Ordinance, "An Ordinance of the City Council of
the City of Ukiah adding Section 7154.5 to the Ukiah City Code prohibiting the parking
of vehicles that are six feet or more in height on certain streets or portions thereof."
M/S Smith/Rodin introducing Ordinance, carried by the following roll call vote: AYES:
Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None.
ABSTAIN: None. ABSENT: None.
10. NEW BUSINESS
10d. Report Regarding Russian River Biological Assessment Flow Alternatives
City Manager Horsley advised that due to Section 7 a biological assessment needed
to be conducted. The documents are available and she has a report in summary form.
This will be one of the decisions that the National Marine Fisheries Service (NMFS) will
make regarding the City's dam and river flows. She discussed the (1) existing decision
1610 (D1610), (2) the natural flow proposal, (3) enhanced natural flow proposal, (4)
enhanced natural flow with additional measures, and (5) the D1610 with pipeline
proposal. They have indicated that their recommended flow alternative to MNFS would
be the enhanced natural flow proposed (#3) and staff concurs with Sonoma County that
option #3 would be best. She noted that they are currently working on reclamation of
water in this area for agricultural purposes to that the water that does go south can be
used for human consumption.
Mayor Larson noted concern for Sonoma County owning water in Lake Mendocino and
it being most valuable at the time when the flow rates have to be restricted the most
during the summer months. If they run too much water down the river, too many fish
are killed. Therefore, it becomes more of a problem for Sonoma County to utilize the
resource they have invested in Lake Mendocino.
City Manager Horsley explained that, according to the Sonoma County Water Agency,
they don't need Lake Mendocino water because Warm Springs Dam would be able to
supply water to them for at least 10 more years. They have been discussing taking the
water during the winter months and reintroducing it to the aquifers and storing it so that
there would be more water during the summer because they would have enhanced
surrounding aquifers.
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10. NEW BUSINESS
10e. Adoption of Resolution Establishing Agenda Order for Council Meetings
City Manager Horsley advised that at the February 5t' meeting, the City C~uncil
changed the "Public Hearing" timed agenda item from 7:00 p.m. to 6:45 p.m. and
directed that a policy resolution amending the agenda order be returned to
consideration.
M/S Baldwin/Smith adopting Policy Resolution 32 establishing the agenda order to
Council meetings in accordance with the requirements of the Procedures of Conduct for
City Council meetings, 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
Councilmember Andersen reported that he attended the Rural Communities Housing
Development Corporation (RCHDC) dinner. They have done phenomenal things during
the past year in the community with regard to building new housing and holding on to
existing Iow-income housing that was slated to go into the private market. In
preparation for the budget meeting scheduled for March 19th, he contacted Bryan Barr
at the League of California Cities and he has agreed to provide a presentation to
Council concerning the state budget process and the status of certain proposals that
affect local governments.
Councilmember Smith reported that on February 21st, he attended the Employers
Council's Elected Officials Reception and was the only Councilmember present. He
was unable to attend the NCPA meeting on February 27t' due to illness. Tomorrow
morning he plans to attend the Main Street Board of Directors' meeting.
Councilmember Baldwin reported that on February 26th he attended the Board of
Supervisors' meeting. The terms they were using about the Inland Water and Power
Commission (IWPC) were fascinating. Jim Stretch and Supervisor Shoemaker were
most radical in their comments about considering the IWPC as an obstacle to their
plans for a vigorous and powerful Mendocino County Water Agency. He felt their
comments were slightly contentious even though the majority of the people there
seemed to support it. He reported to them that this City Council unanimously supported
its participating in IWPC with its current wording.
Mayor Larson reported that he attended the morning session of the Board of
Supervisors meeting and felt that the City needs to hold its ground. He also attended
the RCHDC dinner. This morning he and the City Manager attended a meeting of
Mayors and City Managers, which involved a presentation by a coalition of business
people, mainly the Mendocino Alliance, that consists of hotel and lodging businesses.
They are putting together a proposal that involves a self-assessment of lodging facilities
and possibly other tourist related enterprises to fund countywide promotional things.
They are asking for involvement by local government (cities and the County) in forming
a business improvement district would not be tied to the Transient Occupancy Tax
(TOT) but would be a separate assessment. The terms are yet to be determined. They
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March 5, 2003
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would like government to collect the money. The funds would go directly toward
promotional activities. They discussed what government's responsibilities and
accountability would be. They will be making a presentation to the City Council with
regard to some sort of buy in to the proposal. He felt the proposal has tremendous
potential for stable funding for a broad based, promotional program for the County and
separate from the General Fund. The City and the stakeholders would have veto rights
and could withdraw at any time.
12. CITY MANGER/CITY CLERK REPORTS
City Manager Horsley advised that she provided Council with the list of organizations
and people that were sent a copy of the Resolution regarding the war. She met with
Supervisor Richard Shoemaker about meeting with the City Council to discuss issues
relative to Ukiah citizens and inquired of Council as to how the meeting should be set
up. The meeting is scheduled for April 2nd prior to the regular Council Meeting.
Discussion followed regarding whether to meet with Supervisor Shoemaker individually
or in a public session with the full Council present. It was the consensus of Council to
have a full Council present and meeting informally in Conference Room #3 at 5:00 p m.
on April 2nd. '
City Clerk Ulvila reminded Council that FPPC Form 700 Statement of Economic
Interests are due in her office on April 1, 2003. The notice to recruit a candidate for
appointment to the Library Advisory Board has been sent to the media on a weekly
basis. No applications have been received to date and the deadline for submittal is
March 13th at noon. She also reminded Council to recycling envelopes provided by
staff.
City Manager Horsley thanked Scott Johnson for attending the meeting in the absence
of City Attorney Rapport.
Mayor Larson advised that he ordered a new computer and will on line soon.
13. CLOSED SESSION
None.
13. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 10:38 p.m.
t
Marie Ulvila, City Clerk
Regular City Council Meeting
March 5, 2003
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