HomeMy WebLinkAboutMin 03-19-03 MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MARCH 19, 2003
The Ukiah City Council met at a Regular Meeting on March 19, 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, Administrative Analyst Burck, Interim
Fire Chief Cohn, Community Development Director DeKnoblough, Police Administrative
Captain Dewey, Assistant City Manager Fierro, Personnel Officer Harris, City Manager
Horsley, City Attorney Rapport, Airport Assistant Richey, Police Captain Walker, Police
Chief Williams, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Police Captain Walker led the Pledge of Allegiance.
4. APPROVAL OF MINUTES
4a. Regular Meeting of March 5, 2003
City Clerk Ulvila requested that the draft minutes for the March 5, 2003 regular
meeting be continued to the next meeting.
5. RIGHT TO APPEAL
Mayor Larson read the appeal process.
6. CONSENT CALENDAR
M/S Smith/Baldwin approving items a through g of the Consent Calendar as follows:
a. Approved Disbursements for Month of February 2003;
b. Awarded Bid for Liquid Ferric Chloride to Kemiron Companies, Inc. for the Sum of
$385.22 Per Dry Ton;
c. Received Notification to the City Council Regarding the Purchase of Chlorine
Products From Pioneer America, Inc. for the Sum of $89.49 For 150 lb. Cylinders
and $434.90 For One-Ton Cylinders;
d. Received Report to City Council Regarding Purchase of Bunker and Top Dressing
Sand For the Ukiah Municipal Golf Course From Borges Transfer in the Amount of
$5,990;
e. Awarded Bid for 2003 3/4 Ton Truck With Low Profile Service Body to Hoblit Motors
for the Sum of $21,772.46;
Adopted Ordinance 1044 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;
g. Accepted the Work as Complete for Structure Demolition at 410 Waugh Lane,Ukiah,
Specification No. 02-29, and Authorize the Filing of the Notice of Completion with
the County Recorder.
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
Regular City Council Meeting
March 19, 2003
Page 1 of 14
No one came forward to address Council.
Councilmember Baldwin requested that New Business item "8e" be heard before item
"8d" due to the possibility of numerous public input on item "e".
Seeing no objection, Council consensus was to hear item "8e" before item "8d" on the
agenda.
8. NEW BUSINESS
8a. Report to Council Regarding Appointment to the Library Advisory Board
City Clerk Ulvila advised that a Press Release was sent out weekly advertising for the
vacancy. As of the deadline of March 13th no applications were received. She
requested direction from Council with regard to filling this vacancy.
Councilmember Baldwin explained that he previously served on the Board but was
unable to attend every meeting. He volunteered to serve on the Library Board again.
M/S Larson/Smith appointing Councilmember Baldwin to the Library Advisory Board,
carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith,
Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None.
8. NEW BUSINESS
8b. Report Concerning Possible Adoption of Anti Segway Human Transporter
Ordinance
Police Chief Williams advised that the Ukiah Police Department staff researched the
Segway devise, SB1018, existing vehicle codes, and the proposed Anti-Segway
Ordinance. He discussed provisions of SB 1918 and noted that local authorities may
adopt ordinances with respect to the time, place, and manner of operation of the devise.
Studies are currently being conducted in other cities and some cities are monitoring
issues that could arise involving liability insurance, police enforcement and Segway
parking in downtown areas. It is the Police Department's recommendation that the City
of Ukiah's Traffic Engineering Committee be asked to study this issue and make
recommendations to the City Council.
Betty Green, Jane Kardas, and Rex Eiffert voiced their support for the City controlling
the use of Segway devices in the City and that they not be allowed on sidewalks due to
safety concerns for pedestrians.
Councilmember Smith recommended the matter be referred to the Traffic Engineering
Committee.
Councilmember Andersen inquired if there is a way to require a permit for the device
instead of banning it. Once a permit or license is obtained, the operator would be
informed of where the device could be utilized in the City.
Police Chief Williams explained that there is no mechanism in place for licensing
because they have been identified as a "pedestrian" by the Governor's office. However,
there is an age restriction to operate the device.
Regular City Council Meeting
March 19, 2003
Page 2 of 14
Discussion followed regarding how the device may be operated and the behavioral
aspect of its operators. The issuance of operating permits was also discussed, as well
as controlling the use of the device in certain areas of the City. The bill that was signed
into law gives local jurisdictions the authority to adopt an ordinance with respect to the
time in which the device is operated, the places it is operated, and the manner of
operation. The heaviness of the device was noted as it may create a danger to
pedestrians walking on sidewalks. Concern was also expressed that there are no
restrictions as far as safety gear, such as a helmet.
Mayor Larson inquired of the City Attorney with regard to SB 1918 and if banning the
device entirely would be an infringement on an implied right in this ordinance.
City Attorney Rapport explained that it specifically says that the local agency can
prohibit them entirely in its jurisdiction. Council should consider how much regulation
and what types of regulation to include in the ordinance.
It was the consensus of the City Council to refer the matter to the Traffic Engineering
Committee for further study and analysis.
8. NEW BUSINESS
8c. Rel~ort Regardinq a Potential Racial Profiling Incident and Department
Percentage of Bilingual Employees
Police Chief Williams advised that at the February 19, 2003 City Council meeting
concerns were expressed regarding an incident of possible racial profiling by the Ukiah
Police Department and the ethnic composition of the Department. He described an
incident that occurred on January 1, 2003 when a vehicle was stopped. He explained
that the conduct and conversation of the Ukiah Police Officer was captured on the
police vehicle's Mobile Audio Visual unit, and staff has verified his conduct by personally
viewing the tape. Using the California Penal Code as a guide to racial profiling, the
Department could not find evidence of racial profiling in the Officer's stop. He explained
that law prohibits racial profiling and the Ukiah Police Department's policy conforms to
that law and does not tolerate the act of profiling on a racial basis. Upon questioning by
Councilmember Andersen, he explained that there are mandated Peace Officer
Standards of Training (POST) classes that are conducted at the Academy that each
officer receives. He further explained that an officer has to have specific or probable
cause to stop someone for enforcement purposes. As a cautionary note, he felt it is
important for the City Council and the general public to recognize that the mechanisms
for filing complaints and investigations are in place.
Councilmember Baldwin inquired if there is a new directive regarding the terrorism
alert that might be a form of racial profiling.
Police Chief Williams explained that the City's Police Department has to operate under
the mandates of law, not only local, but also state and federal laws. It is important to
understand the difference between profiling and racial profiling, which he went on to
discuss in detail.
Regular City Council Meeting
March 19, 2003
Page 3 of 14
Mayor Larson inquired if the person who brought this matter to Council's attention has
met with the Police Chief or viewed the video.
Police Chief Williams explained that staff has been unable to contact that person. He
described what transpired when the driver initially called the Police Department the next
day to voice concerns over the traffic stop and he felt it was not handled well at the time
as to giving the individual proper direction on how to proceed. Sergeant Barkley
eventually called the phone number left by the individual and spoke to the passenger of
the car and explained the circumstances for the stop. He explained that the incident
brought to light an issue on how to advise individuals better when they make an inquiry
with the Police Department about possible racial profiling.
Ana Araiza, Cindee Drive, inquired if an individual was illegally in the United States, if
they would be deported for having filed a complaint.
Police Chief Williams advised that all individuals have due process.
David Rose, Migrant Education Program Coordinator for Mendocino County and
Chairman of the Latino Coalition, advised that the passenger of the vehicle was the
employer of the driver and that when City staff called their office, the employer was able
to address the issue with them. He explained that the driver is a member of his
department and had a fearful reaction to the incident.
Rex Eiffert, Ukiah, referred to the incident that recently occurred at the Wal-Mart
shopping center where a police officer and security guard were injured in an armed
confrontation with an individual.
Ana Araiza, Ukiah, inquired if Council could postpone this matter to April since the
driver of the vehicle asked her to make the request of Council.
Mayor Larson explained that staff should make another effort to contact the driver and
meet regarding this matter, then report back to the City Council regarding the outcome.
Police Chief Williams explained that staff's research indicates that the Ukiah Police
Department has the highest percentage of Hispanic and bilingual personnel of all law
enforcement agencies in the County, except for State Highway Patrol. Last November,
the Department met with Latino community members to request assistance in recruiting
bilingual officers. In addition, the Personnel Department sends police officer recruitment
flyers to seven targeted minority groups in the Ukiah Valley. Recognizing the ongoing
need within the community, the Department staff is meeting to discuss additional
methods to recruit bilingual officers.
City Manager Horsley advised that she met with members of the Latino Coalition and
there were many practical suggestions that came from the group. Staff will be meeting
with the Finance Department staff to look at ways to increase communication and
service with utility signups, etc.
Regular City Council Meeting
March 19, 2003
Page 4 of 14
David Rose distributed copies of the Dymally-Alatorre Bilingual Services Act to the City
Council. He noted that certain sections of the Act specifically refer to local government
agencies. He read a draft "letter of demand" and noted that there are many community
agencies that are concerned with the lack of bilingual services provided by the City. He
addressed Police Chief Williams and stated that this is in no way a direct attack on the
Police Department. He felt the meeting yesterday with City staff was very fulfilling. He
wanted this matter to become an issue of priority and for the City to take immediate
action.
It was the consensus of the City Council to receive the report.
ag
NEW BUSINESS
Councilmember Baldwin - Discussion and Possible Action Regarding:
i. Introduction of Ordinance Establishing a Five-Member Paths, Open
Space and Creeks Commission
Councilmember Baldwin read the letter that he wrote to the City Council that was
included in his report to Council.
There was some discussion concerning the agenda format for Councilmember
Baldwin's items and it was the consensus of the City Council that each item should
be dealt with separately.
Councilmember Baldwin explained that the rationale for creating a separate
commission is to lend this important issue significance to the community. He provided
Council with excerpts from the General Plan Open Space and Conservation element
and the Circulation and Transportation element. He felt that it is clear that the Planning
Commission and the Parks, Recreation, and Golf Commission do not have the time to
focus on these issues. The new Commission would consist of five members and each
member of the City Council would appoint one Commission member.
Councilmember Rodin was supportive of the idea, however she suggested having a
Mendocino County representation on the Commission to make sure there are
compatible views between the City and the County, and they could work together
regarding acquisition of open space and land outside the City limits.
M/S Baldwin/Rodin introducing Ordinance by title only with substitute language for
Section 1021 that the process of appointment be adopted by the City Council and that
this membership consist of five members.
Mayor Larson stated that he is not supportive because he felt that a joint commission is
more appropriate. As long as the City is addressing the matter, the County will not do
anything about it.
Councilmember Smith concurred with Mayor Larson's concern with the potential lack
of County participation and also on the basis that it does not include the designation of a
property owner from the Westside hills as a member of the Committee, given that the
primary interest is the Westside hills.
Regular City Council Meeting
March 19, 2003
Page 5 of 14
Councilmember Andersen voiced his support for the Ordinance because the concerns
expressed by Mayor Larson are the reasons why the City should create this
Commission in the City. He felt that even if the City did not create the Commission, the
County still would not do anything.
Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen,
and Baldwin. NOES: Councilmember Smith and Mayor Larson. 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 Division 1, Chapter 4, Article lB, Sections 1020-1025 of the
Ukiah Municipal Code Creating the Paths, Open Space, and Creeks Commission."
M/S Baldwin/Rodin introducing Ordinance; carried by the following roll call vote: AYES:
Councilmembers Rodin, Andersen, and Baldwin. NOES: Councilmember Smith and
Mayor Larson. ABSTAIN: None. ABSENT: None.
ii. Public Access at the Fish Hatchery Site
Councilmember Baldwin proposed that the City Council direct Staff to develop at least
two detailed options for guided tours or limited public access by permit to the City
owned Fish Hatchery site located in Gibson Creek Canyon and report back to the City
Council at its first meeting in June of this year. He also recommended that Council
direct staff to provide the exact dimensions and locations of this site.
Discussion followed concerning the Fish Hatchery site and providing guided tours to the
site. Issues related to staff time and identifying the exact location were addressed.
M/S Baldwin/Andersen directing staff to develop a plan for conducting guided tours or
limited public access to the City owned Fish Hatchery site and to stake out the site, then
report back to the Council at its first meeting in June; carried by the following roll call
vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson. NOES:
Councilmember Smith. ABSTAIN: None. ABSENT: None.
iii. Western Hills Open Space Acquisition and Preservation
Councilmember Baldwin proposed that the City Council direct staff to make western
hills open space acquisition and preservation a top priority for City grant applications
and State Park Bond funding proposals.
Max Eiffert addressed Council with regard to his concern that open space acquisition
may result in the taking of private property and making it open space. He also
addressed the matter of eminent domain. He stated that he is not supportive of a
governmental agency telling him who can hike on his property.
Upon an inquiry by Councilmember Andersen as to the City's current priorities for
grant applications and State Park Bond funding proposals, City Manager Horsley
explained that the City has applied or plans to apply for grants for repair of the City pool,
Riverside Park, and playground equipment.
Regular City Council Meeting
March 19, 2003
Page 6 of 14
Community Development Director DeKnoblough discussed the three priorities
mentioned by the City Manager, the status of each project, and the funding mechanisms
available. There are smaller projects, such as Anton Stadium, that also need to be
completed.
Councilmember Rodin was of the opinion that directing staff to make western hills
open space acquisition and preservation a top priority does not involve acquiring
property through eminent domain. She discussed the process of a conservation
easement whereby a property owner is paid fair market value for their property in
exchange for an agreement not to develop the property.
Councilmember Baldwin advised that he is not suggesting the City pursue the
eminent domain process for acquiring land. He explained that Sonoma County set up a
quarter cent sales tax district in 1978 and it's called the Agriculture Preservation and
Open Space Conservation District. They work with private property owners who are
interested in selling the development rights to their property and/or selling their property.
He discussed property owners working with the Inland Mendocino Land Trust, the new
Paths, Creeks, and Open Space Commission, and the City Council for either a
conservation easement and/or public acquisition by mutual agreement.
Councilmember Smith stated that he is interested in keeping the top priorities that
have already been established so that the pool can be repaired and Riverside Park
completed.
Mayor Larson expressed his concern with singling out the western hills. As far as
prioritizing open space acquisitions, the City already has a number of priorities and he
did not want this proposal to subvert those priorities. He noted his concern for having
the pool repaired.
Councilmember Andersen explained that the reason why the western hills are in the
City limits is because the residents of Ukiah, years ago, voted to annex that land
because of its natural aesthetic beauty. They wanted to protect it and make sure
including it in the City limits did not compromise it. He would be more comfortable with
a broader statement such as, "To direct staff to make open space acquisition and
preservation a priority for City grant applications and State Park Bond funding
proposals" instead of singling out "western hills open space acquisition" and making it a
"top priority".
M/S Andersen/Baldwin directing staff to make
preservation a priority for City grant applications
proposals.
open space acquisition and
and State Park Bond funding
Discussion followed with regard to acquiring state and federal grant funds for open
space acquisition and/or open space easements. It was noted that there is a significant
amount of money in Park Bond funding specifically for this type of project.
Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen,
Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None.
Regular City Council Meeting
March 19, 2003
Page 7 of 14
iv. Diversion From Gibson Creek
Councilmember Baldwin proposed to ask staff to determine the number, location,
origin, and State permits for all diversions of water from Gibson Creek and any other
year round western hills creek running into the City limits. He assumed that some of
these creeks help replenish the aquifer that some of the City's wells draw from.
City Manager Horsley advised that City staff does not have the expertise or knowledge
to do the work suggested by Councilmember Baldwin.
City Attorney Rapport advised that the permission of the property owner would need
to be obtained or some other legal authority in order to enter onto private property for
that purpose. The City couldn't do that without an administrative warrant or some legal
authority to enter onto private property. He noted that if a property owner has riparian
rights, they can divert water for immediate use on their property and would not need
permission from the state.
Jan Moore was of the opinion that this is an important issue and that other creeks in the
City should be included in the study so that the City will know who is using the water
and how much.
Dave Hull, owner of property in the western hills as well as on Gibson and Doolan
Creeks, noted that there is a shortfall of money and the City would be spending a
considerable amount of money on some of these proposals. If the concern is truly that
the water is being diverted and taken from the public's use, it would be cheaper to have
the water tested rather than the expense of trying to figure out if someone is diverting
with or without a permit.
Councilmember Baldwin was of the opinion that staff could first ask property owners
for assistance with regard to whether or not they are diverting water and what type of
permit they obtained.
Councilmember Andersen was of the opinion that water in the Ukiah Valley and the
City limits is an important issue and he was supportive of staff providing more resource
analysis of water and other issues that may affect the City. He supported voluntary
compliance.
Councilmember Smith was of the opinion that perhaps staff could obtain information
by calling the State Water Resources Control Board or send a letter to the property
owners asking them to provide information.
Mayor Larson felt that this is all premature and that in the future, we will be seeing
some means of major hydrological studies of all ground water systems and aquifers in
the valley floor. It's not a source of water that we are dependent upon now nor is the
investment of staff time or expense to the City to explore the matter feasible at this time.
He was not supportive of the proposal.
Regular City Council Meeting
March 19, 2003
Page 8 of 14
Motion Baldwin directing staff to contact property owners adjacent to any year round
stream or creek running into our City limits to determine if they are using water and
diverting water from those creeks. Motion died for lack of a second.
M/S Andersen/Baldwin to direct staff to contact the State Water Resources Control
Board and inquire about all permits currently on Gibson and Doolan Creeks and report
back to the City Council at its first meeting in June.
Mayor Larson stated that he recognizes the importance of creeks and the importance
of fish spawning habitats, and that it falls under the jurisdiction of the Fish and Game
Department, not the City of Ukiah.
Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen,
and Baldwin. NOES: Councilmember Smith and Mayor Larson. ABSTAIN: None.
ABSENT: None.
v. Establishment of Policy to Use Proceeds from Sale of City-Owned
Surplus Property for Open Space Acquisition
Councilmember Baldwin proposed that the City establish a policy for the City Council
to place a minimum of 30% of the proceeds from the sale of City owned surplus
property into the City's Open Space Acquisition and Preservation Fund. He amended it
with the proviso that this policy in no way impedes or negates previous Council plans to
utilize the sale of the North State Street Fire Station proceeds to purchase a skateboard
park site if such a purchase proves necessary to establish a park at the earliest time
feasible.
Councilmember Smith opposed this recommendation especially after the Council's
earlier meeting today regarding the state of the City's budget and on the basis that he
would not want to commit any money to such a project at this time because we do not
know if we will need it for ongoing budget operations.
Councilmember Baldwin explained that if the City has an opportunity to apply for one-
time access to grant funds, that they be used for acquisition and are not counted upon
for ongoing operations.
M/S Baldwin/Andersen to make it a policy of this City Council to place a minimum of
30% of the proceeds from the sale of City-owned property into the City's Open Space
Acquisition and Preservation Fund, with the proviso that this policy in no way impedes
the previous Council plans to utilize the North State Street Fire Station sale proceeds to
purchase a skateboard park site if such a purchase proves necessary to establish a
skateboard park at the earliest time feasible.
City Manager Horsley requested that, if the motion passes, Council place the money in
Fund 690 where funds can be moved or used for something else if it's needed. She
referred to a major drainage issue on Cleveland Lane that needs to be addressed, the
widening of Waugh Lane, and there are other projects that the City has no funding for.
She recommended that Council look at it in its totality and decide where they want to
spend the money if there is extra money from some proceeds.
Regular City Council Meeting
March 19, 2003
Page 9 of 14
Councilmember Rodin agreed and noted that with the state reserving money for
schools, it doesn't allow for flexibility that's needed as finances change in the City. She
explained that there are grant funds available for acquisition. She felt it is premature to
reserve the money at this time.
Mayor Larson concurred.
M/S Baldwin/Andersen recommending an amendment to the motion that a minimum of
30% of the funds be placed in Fund #699, the Special Projects Fund.
M/S Baldwin/Andersen deleting the wording "open space" from his motion and the
funding would then go into a general category in the Special Projects Fund.
Mayor Larson stated that he would reluctantly support this concept because it allows
the City some flexibility.
Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen,
Smith, Baldwin, and Mayor Larson. NOES' None. ABSTAIN: None. ABSENT: None.
vi. Stream Access in the Western Hill~
Councilmember Baldwin recommended that the matter be continued to a later date.
Councilmember Andersen requested that the matter be continued to the second
meeting in April and that the City Attorney provide a report regarding prescriptive rights,
applied dedication, and year round access.
It was the consensus of the City Council to reagendize the matter to the second
meeting in April.
8. NEW BUSINESS
8d. Westside Hills Fire Protection Status Report
Interim Fire Chief Cohn advised the City Manager had requested that he provide the
Council with a summary regarding fire protection issues in the western hills. The report
was specifically focused on what is in place for regulation of construction in the western
hills area. The report discusses the legal basis for the requirements for construction in
the western hills and it's based on the California Fire Code and planning regulations that
have been adopted by the City of Ukiah.
Councilmember Baldwin inquired as to what extent did the Hillside Constraint Study
that was completed for the City impact this report.
Fire Chief Cohn was unfamiliar with that study. He discussed the difference in
definition of terms between "hazard" and "risk". When structures are built and people
inhabit them, there is a risk. He explained that the Planning Department and Fire
Marshal have done a major revision of the west hillside area regulations and they have
been working closely to develop a comprehensive planning regulation relative to
development. It was his opinion that those that have developed the western hills have
done a very good job as far a taking care to mitigate some of the hazards and risks of
Regular City Council Meeting
March 19, 2003
Page 10 of 14
the development. He continued with discussion of the California Department of Forestry
proceeding with their project of fuel breaks and their target date for completion is June
2003.
It was the consensus of the City Council to receive the report.
am
NEW BUSINESS
Adoption of Resolution of Intention for the Miscellaneous PERS Coverage
Group to Amend the PERS Retirement Contract
Personnel Officer Harris advised that in October 2002, the City Council approved
Addendums to the Memorandum of Understanding's (MOU) governing those bargaining
units covered by the Public Employee Retirement System (PERS) Miscellaneous
Coverage Group, authorizing the amendment to the PERS Contract to amend to the
2.7% at 55-retirement benefit. This proposed amendment was negotiated in such a
manner that the cost for this benefit is being paid for by the employees from cost of
living increases, rather than an additional percentage being paid by the City. Adoption
of the Resolution of Intention by the City Council will enable the bargaining units to take
the PERS mandated secret ballot vote which is required because with this amendment
would come an increase in the employee contribution from 7% to 8% when the
amendment becomes effective.
Paul Richey, Airport Assistant and a unit representative for the Miscellaneous Unit,
explained that when the units went into negotiations with the City Manager, she made it
very clear that the benefits would have to be paid for by the employees through MOU
agreements. An employee election was held to decide how to pay for this benefit and
the employees overwhelmingly approved it.
M/S Smith/Andersen adopting Resolution 2003-30, Resolution of Intention to approve
an amendment to contract between the Board of Administration California Public
Employees' Retirement System and the City Council of the City of Ukiah; carried by the
following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and
Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None.
al
NEW BUSINESS
Selection of City Representatives and Approval of Meeting in Washington,
D.C. to Present City of Ukiah Wastewater Treatment Plant Improvement
Project White Paper to Congressional Representative and Senators to
Secure Grant Funding
Public Utilities Director Barnes advised that Administrative Analyst Burck has been
working very closely with Reed Smith, a subcontractor for Brown and Caldwell. The
City requested that Reed Smith assist the City in searching for alternate funding
methods for the City's Wastewater Treatment Plant Expansion Project.
Administrative Analyst Burck explained that the White Paper is needed as a first step
to explain the project to the members of the legislature and to defend and make the
argument for the case of grant funding for the project; the need for the community, the
importance of the project to the community, and why it should be funded under this
grant program. In accordance with that, the White Paper was written and was
Regular City Council Meeting
March 19, 2003
Page 11 of 14
submitted to Congressman Thompson's office and to Senators Boxer and Feinstein's
offices. According to the City's consultant, Chris Rissetto who is employed with Reed
Smith, it is strongly recommended that, in order for this White Paper to be one of the top
three priority projects for this area, a delegation from the City of Ukiah should go to
Washington, D.C. and present the White Paper to the Congressional representative and
the Senators.
Councilmember Smith advised that he will be in Washington, D.C. on April 8-10 for an
NCPA meeting and volunteered to attend the sessions with the legislators on behalf of
the City. He noted that since NCPA is paying his expenses, there would not be an
expense to the City for him to participate while he is there.
Councilmember Andersen stated that he is skeptical about the reality of meeting with
the Senators because they don't have a lot of time to meet with local elected officials.
The reason why he is skeptical is because $2.2 million is a lot of money given the
number of other projects competing for these funds. He is also skeptical because he
didn't think there has been enough interaction with the local field representatives from
Congressman Thompson and the Senators' offices. It was his opinion that the City will
see more results from working with the people locally to really push this project.
Administrative Analyst Burck discussed the specific topics relative to the project that
City representatives could discuss with the Congressman and the Senators, stressing
the immediate need for such a large project.
It was the consensus of the City Council that Mayor Larson, City Councilmember
Smith, City Manager Horsley, and Administrative Analyst Burck would travel to
Washington, D.C. in April and speak with legislators to request funding for this project.
9. COUNCIL REPORTS
Councilmember Rodin reported that she attended a workshop in Sacramento with the
City Manager on March 12th about the California Budget Project. The next day she
attended a meeting in Yosemite regarding water issues. Information was provided at
the water meeting concerning water recycling, managing urban runoff, and integrated
water management. At the end of the conference, the Executive Manager for Policy
Development from the Inland Empire Utilities Agency in Southern California spoke. She
distributed the list of principles suggested by this speaker and thought that the City
Council should consider adopting them and review how we can deal with water, using
these principles as guidelines.
Councilmember Andersen reported that he attended the Women's History Month
event in Ukiah. He attended the first meeting of the Housing Element and everyone
was in attendance and it was a fruitful meeting. They discussed a grand vision for
housing and there is interest in mixed-use development and cluster housing to various
degrees. There was mention of the need for more affordable housing for special needs
people in the community. They will meet with a consultant within the next three weeks.
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March 19, 2003
Page 12 of 14
He has been attending the Board of Supervisors' meetings for his job, watching the
County budget process, and it's interesting to see they are beginning to grapple with
making major cuts to mental health, social services, and other programs as well.
Councilmember Smith reported that at its October 2002 meeting, the NCPA
Commission approved resolutions authorizing, not to exceed $60 million, hydroelectric
plant refunding bonds to be issued in April 2003 for tax reasons. The transaction was
approved in October and the net result of that transaction is that NCPA will be paying an
effective interest rate significantly lower than the 5.5% interest rate on the 1993 bonds
being refunded. Ukiah has 2.04% interest in the hydroelectric projects and these
bonds. Since we voted to approve the bond swap, he will be voting to approve the
documents that will facilitate the swap.
He attended the Inland Water and Power Agency meeting in Vice-Mayor Baldwin's
place. He noted that at a previous Council meeting, there was discussion concerning
the role of what the County Water Agency ought to be and what is the role of the Inland
Water and Power Commission. Mr. Stretch, Director of the County Water Agency, had
written a letter to the chair of the Committee, Janet Pauli. It was decided that the letter
would be referred to a subcommittee of the Commission, since it contains some
suggested options, and then brought back to the Commission at a future meeting with a
recommendation for action or response. City Manager Horsley is the City's
representative on the subcommittee. He will be in Washington, D.C. for two things at
the first part of April.
Mayor Larson reported on the temporary success of the Air Attack Coalition in keeping
the Air Attack Base in this year's budget and increasing the likelihood that a strong
impression was made in Sacramento with the legislature and the Board of Forestry.
The Board of Forestry will be meeting in Lake County next month.
10. CITY MANGER/CITY CLERK REPORTS
City Manager Horsley advised that April is Poetry Month and she requested members
of the City Council read a poem at the next meeting.
Councilmembers Smith, Andersen, and Rodin volunteered to read a poem at the
April 2nd Council meeting. Councilmember Baldwin and Mayor Larson would read a
poem at the April 16th meeting.
City Clerk Ulvila explained that there are only a few people who haven't turned in their
FPPC Form 700, two of which are Councilmembers. She advised that Perry Ramsey
has submitted his resignation from the Parks, Recreation, and Golf Commission as the
Men's Golf Club representative. The Men's Golf Club would be meeting next month and
may possibly make a recommendation to the City Council to fill that position. She also
reminded Council that in June there will be terms expiring on many commissions and
there will be a need to solicit applicants to fill those vacancies. Mr. Ramsey's
appointment does not expire until June 2004.
Regular City Council Meeting
March 19, 2003
Page 13 of 14
11. CLOSED SESSION
a. Conference with Legal Counsel- Anticipated Litigation, Significant exposure to
litigation pursuant to subdivision (b) of Government Code § 54956.9 (1 case)
No closed session needed.
12.ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 11:54 p.m.
Marie Ulvila, City Clerk
Regular City Council Meeting
March 19, 2003
Page 14 of 14