HomeMy WebLinkAboutMin 04-02-03 SpecialMINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, APRIL 2, 2003
The Ukiah City Council met at a Regular Meeting on April 2, 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: Community Services Director DeKnoblough, Finance Director Elton,
Assistant City Manager Fierro, Risk Manager/Budget Officer Harris, City Manager
Horsley, City Attorney Rapport, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Risk Manager/Budget Officer Harris led the Pledge of Allegiance.
3. PROCLAMATIONS
3a. Designating A_13ril 6-11,2003 As The Week of The Young Child in Ukiah
Mayor Larson read the Proclamation designating the week of April 6-11, 2003 as the
Week of the Young Child in Ukiah and urged all citizens to recognize and support the
needs of young children in our community.
Mike Harris, on behalf of the children of Ukiah, accepted the Proclamation.
3. PROCLAMATIONS
3b. April 2003 As Poetry Month in Ukiah
Mayor Larson read the Proclamation proclaiming April 2003 as Poetry Month in Ukiah
and urged all citizens to attend the scheduled events.
Armand Brint, City of Ukiah Poet Laureate, accepted the Proclamation.
4. PRESENTATIONS
4a. Presentation by Armand Brint, City of Ukiah Poet Laureate, Regarding Poet
Laureate Program
Armand Brint discussed serving as the City of Ukiah's Poet Laureate during the past
two years. He discussed activities planned for Diversity Day in May as well as activities
related to the Ukiah Hiaku Festival that was undertaken by the Poet Laureate
Committee. He thanked the Poet Laureate Committee and the City Council for their
support, then read a poem that he wrote, entitled "Flying to Washington."
4. PRESENTATIONS
4b. Councilmembers Smith, Andersen, and Rodin to Read Poems
Councilmembers Smith and Andersen read poems.
5. APPROVAL OF MINUTES
5a. Regular Meetinq of March 5, 2003
Councilmember Smith noted a correction to page 4, fourth paragraph, that he had a
"yes" vote on the motion.
Regular City Council Meeting
April 2, 2003
Page 1 of 13
Councilmember Rodin requested the following sentence be added to the last
paragraph on page 3, "She added that even if all the traffic impacts could be miti.qated.
because the proposal was antithetical to many of the goals in the General Plan, sho
would still be opposed to the proiect."
M/S Smith/Andersen approving the Regular Meeting Minutes of March 5, 2003, as
amended; carried by the following roll call vote: AYES: Councilmembers Rodin,
Andersen, Smith, and Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None.
ABSENT: None.
5. APPROVAL OF MINUTES
5b. Special Meeting of March 19, 200R
City Clerk Ulvila apologized for several typographical errors in the minutes and noted
corrections on the following pages, which she had previously provided to Council:
Page 2, second paragraph, first sentence should read, "The Coalition recommends
cities contact their local senator and assembly member and let them know about the
dire straights cities are in."
Page 3, first paragraph, first sentence should read, "Mr. Barr advised that LOCAL has
been asked to be involved and it will be addressed at their general membership
meeting." The sixth paragraph, third sentence should read, "However, based on our
most recent assessment of the State's discussions, the City estimates a loss in post-
reimbursements and COPS funding ($125,000), State-mandated reimbursements
($20,000), booking fee reimbursements ($65,000), and potentially, the motor Vehicle
License Fees ($581,000)."
Page 4, third paragraph, fifth sentence should read (delete the "r" at the beginning of,,the
12th line), "... (3) refinancing of the loan for the Civic Center, saving $103,067, and ...
Page 6, second paragraph, first sentence (delete second "those") should read,
"Councilmember Rodin was supportive of cuts that are apparent to the general public
and not those that fall on the backs of City staff."
Page 7, third paragraph, second sentence, (add County after Mendocino) to read "He
discussed the possible closure of the CDF Air Attack Base in Ukiah and how that could
be construed to mean that the state is leaving an impression on the people of
Mendocino County so that they see a recognizable impact when the base is closed."
The fifth paragraph, third sentence, should read, (delete the word "appropriate") to read,
"The new facility will have more room for storing larger quantities of supplies and thus
provide cost savings."
The last paragraph, second sentence should read, "Staff will evaluate the computer
needs in light of the entire budget situation and not replace them, except in those cases
where there is product failure or where the performance is so much below par that it
seems we would have a better benefit return by replacing it than making due with what
we have."
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April 2, 2003
Page 2 of 13
Page 8, second paragraph, first sentence should read," Mike McCann explained that he
is president of the Boys and Girls Club and advised that the Club was invited by the
School District to discuss summer programs because it is not going to run the summer
school with up to 800 elementary school children this year."
The third paragraph, first sentence should read, "Discussion followed relative to the
expenses for maintenance and repair of the pool, such as the leakage of water and
extra chemicals needed at the pool."
Page 9, first paragraph, first sentence should read, "City Manager Horsley suggested
the option of allowing facilities such as Anton Stadium to be turned over to an
organization or the schools."
The fifth paragraph, first sentence should read, "Councilmember Baldwin was of the
opinion that the problem over the past years has been that Council went through the
budget rather quickly and felt that an alternative to a subcommittee reviewing the
budget would be to set aside more time to review the budget."
M/S Smith/Andersen approving the Special Meeting Minutes of March 10, 2003, as
amended, carried by the following roll call vote: AYES: Councilmembers Andersen,
Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN' Councilmember Rodin.
ABSENT: None.
6. RIGHT TO APPEAL
Mayor Larson read the appeal process.
7. CONSENT CALENDAR
Councilmember Rodin requested item "i" be pulled from the Consent Calendar.
Mayor Larson advised that item "7i" would be removed from Consent Calendar and
heard under New Business, item "10g".
M/S Smith/Rodin approving items "a" through "h" of the Consent Calendar as follows:
a. Received Notification to Council Relative to Execution of Annual Letter of Agreement
03-SNR-00555 Between the City of Ukiah and the Western Area Power;
b. Awarded Bid For One 100 KVA and Three 167 KVA Pad Mount Transformers in the
Amount of $15,931.99 to Western States Electric;
c. Approved Notice of Completion for Street Striping 2002, Specification No. 02-16;
d. Approved Purchase of Bucket Truck for Parks Department From the City of Santa
Clara for the Sum of $20,000 and Approved Budget Amendment;
e. Received Report of Acquisition of a Network/Application Server From Dell Marketing
L.P. in the Amount of $5,067.56;
Received Report of Acquisition of Voice & Data Cabling Materials and Installation
Services, for the Civic Center Addition, from Telecom Services Co., Ukiah, CA in the
Amount of $7,853.83;
g. Awarded Bid to Total Waste Systems for Pick Up and Disposal of Biosolids From the
Wastewater Treatment Plan in the Amount of $31.00 Per Ton;
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April 2, 2003
Page 3 of 13
h. Adopted Resolution 2003-31 Removing On-Street Parking and Establishing a
Loading Zone at 208 Mason Street;
Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen,
Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward to address the City Council.
9. UNFINISHED BUSINESS
9a. Adoption of Ordinance Establishing Five-Member Paths, Open Space and
Creeks Commission
City Attorney Rapport advised that the Ordinance would go into effect 30 days after it
is adopted.
City Manager Horsley advised that under "Membership, Appointment, and Term of
Office, Vacancies" in the Ordinance, there is an incongruity in that staff did not delete
the sentence that said, "Appointments shall be filled by the Councilmember whose
appointee has vacated the position."
There was discussion concerning the change to the Ordinance and with eliminating the
wording in Section 1022.
M/S Baldwin/Rodin making amendments to the Ordinance 1046 by eliminating the
wording in "Section 1022, Term of Office: Vacancies", changing the section numbering
to be in numerical order, and adding the following wording as the last sentence in
Section 1021, "Members shall be appointed according to procedures established by
resolution of the City Council."
City Attorney Rapport explained that since the Ordinance is consistent with what was
approved at the last Council meeting.
City Manager Horsley explained that if the intent is to discuss how the commission
members would be appointed and Council wants to continue that discussion, then staff
would need to return in two weeks. If that discussion doesn't need to be had, then
Council can adopt it the way it is.
City Attorney Rapport concurred with the City Manager's analysis.
Councilmember Baldwin advised that he would like to table this matter to the last
agenda item in the meeting to allow additional time for him to consider this procedural
problem.
City Attorney Rapport explained that if the wording were left the way it currently
stands, the City Council does have an existing Resolution that establishes procedures
for appointing members to commissions. The City Council can always revise that
Resolution in the future and if they wanted to make a special rule for this commission or
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April 2, 2003
Page 4 of 13
if they wanted to change the procedures used for other commissions, staff can always
bring it back and do that.
M/S Baldwin/Rodin withdrawing the motion.
M/S Baldwin/Rodin amending Ordinance 1046, and that Section 1021 shall read,
"Members shall be appointed according to procedures established by Resolution of the
City Council" and deleting Section 1022.
Councilmember Smith advised that he is opposed to the resolution because he
believes it will create extra work for staff and that a Parks, Recreation and Golf
Commission is already established.
Councilmember Baldwin read the duties and powers of the new Commission.
Mayor Larson advised that he is opposed to the creation of a new Commission and felt
it would create an additional financial burden on the City.
Councilmember Rodin expressed her support for the Commission and hoped that
members of the Council would appoint members who have expertise in issues
concerning open space and acquiring the resources to protect open space in the valley
so that we don't have to entirely rely on staff and burden them with more work. She felt
this is an important part of the General Plan that needs to be addressed.
Councilmember Andersen expressed his support for the Commission and hoped the
Commission would move forward and do this important work.
Motion carried by the following roll call vote: Rodin, Andersen, and Vice-Mayor
Baldwin. NOES: Councilmember Smith and Mayor Larson. ABSTAIN: None.
ABSENT: None.
City Manager Horsley requested that she be allowed to question Council on this matter
later in the meeting in order to clarify some issues.
9. UNFINISHED BUSINESS
9b. Wording for Measure Eliminating Position of Elective Mayor and Effect of
Conducting Election in November 2003 or March 2004
City Attorney Rapport advised that he was asked by the City Council to review
proposed wording for a ballot measure to eliminate the elected position of Mayor and
restore the appointment of the Mayor to the City Council. The ballot wording would read,
"Shall the elective office of Mayor be eliminated and thereafter shall the office of Mayor
be appointed by the City Council from among the five elected City Council members, all
of whom serve four-year terms?" He worded it so that the actual question of whether
the elected position of Mayor should be eliminated is included in the ballot measure. He
continued to discuss the regulations contained in the Government Code.
He explained that since Mayor Larson's term doesn't expire until November 2004, if the
measure were to be place on the November 2003 or March 2004 election and passed
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April 2, 2003
Page 5 of 13
by the voters, there wouldn't be a need for another election for Mayor in November
2004.
City Manager Horsley explained that staff would need to evaluate the costs for an
election in November 2003, or March or November 2004, as well as what the various
issues would be at those elections, in order to determine which election Council would
like to present the measure to the voters.
Councilmember Andersen inquired if there is anything in the measure that would
designate how the terms of the City Council would be staggered. He assumed that one
year there would be three Councilmembers running for office and the next election
would have two Councilmembers.
Discussion followed with regard to the November 2003, March 2004, and November
2004 election dates. It was noted by Staff that it would be advisable to participate in the
election where there is the most agencies involved to reduce the City's share of cost for
the election. It was also noted that Council is only considering wording of the measure
at this time, not an actual election date.
Councilmember Rodin inquired of the City Attorney concerning the proposed wording
of the measure and recommended the wording be changed to "Shall the elective office
of Mayor be eliminated and thereafter be appointed by the City Council from among the
five elected City Council members, all of whom serve four year terms?"
City Attorney Rapport advised that the change in wording would be acceptable.
Councilmember Andersen was of the opinion that the office of Mayor should be
elected and felt that the Council should have appointed the third highest vote getter to
the vacant Council seat at the November 2002 election He felt it is important to have
someone who is the figurehead of the community, attends a lot of events, and speaks
for the community.
Councilmember Smith thought it important that the electorate have the opportunity to
elect all five Councilmembers. They did not in the last election and the City Council
appointed the fifth member.
Councilmember Andersen noted that Council previously discussed instant runoff
voting and he was curious if it was legal. He had asked acting City Attorney Johnson,
who was here at the time, whether there is any way you can require somebody to resign
from the Council if they want to run for Mayor.
City Attorney Rapport was confident that you couldn't require a Councilperson to
resign their position in order to run for Mayor.
Councilmember Baldwin explained that if there were a four-year term for Mayor, it
would make sense that it be elected. He wrote the argument in favor of a four-year term
several years ago. He disagreed very strongly that the third place finisher should
automatically be appointed to a vacancy.
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April 2, 2003
Page 6 of 13
Councilmember Rodin noted that the wording doesn't decide or tell how the Council
will chose its Mayor, term, etc.
Councilmember Andersen was of he opinion that the City should have a four-year
Mayor and elect the Mayor separately.
Mayor Larson advised that his original intention was to appoint a commission to delve
into this and other election issues and come up with a better overall strategy for making
the City's selection process more democratic. However, he felt there is a consensus to
move forward on this.
M/S Rodin/Smith approving wording for a ballot measure of "Shall the elective office of
Mayor be eliminated and thereafter be appointed by the City Council members, all of
whom serve four year terms?" to appear on the ballot of November 2003 or March
2004, 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
10a. Discussion and Possible Action Regarding Bill of Rights Resolution
City Manager Horsley advised that Jan Moore, representing the Mendocino County Bill
of Rights Defense Committee, requested the City Council consider a proposed Bill of
Rights Resolution. The Committee is concerned that there has been an erosion of
constitutional rights since the passage of the USA Patriot Act.
Peter Good, 418 W. Mill, advised that he is supportive of the Resolution and provided
the City Clerk with signatures of numerous individuals who signed a petition.
Those speaking in support of the proposed Resolution were Keith White Wolf James
(1300 W. Clay St.), Dotty Coplen, Janet Moore, Ms. Jessie Adams (Hopland
resident), Dan Hamburg (1330 Boonville Road), Tom Johnson (407 W. Mill St.), Scott
Miller (408 W. Mill St.), Karen Rifkin (645 Walnut Ave.), Jim Werne (817 North Oak
Street), Katrina Rolzinski, (402 W. Stephenson), Karen Rosen (1304 W. Clay St.),
and Jay Twigg (66 Leslie St.).
Terry McEntee, 14 Lorraine Street, voiced his opposition to the Resolution and felt that
it is not the position of the City Council or the County to speak for all citizens of Ukiah
about a national issue.
Councilmember Baldwin inquired if staff had researched the pros and cons of the
issue.
City Manager Horsley responded by saying "no".
City Attorney Rapport explained that the proposed Resolution needs to be formatted
to the City's Resolutions. It would need a Resolution number, title, and the enacting
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April 2, 2003
Page 7 of 13
provision at the end of the Resolution. The content of the Resolution would not need to
be changed.
Councilmember Andersen explained that the Patriot Act is a lengthy document that
has been in the works for a long time. He discussed aspects of the Patriot Act that he
opposes, most notably that you don't need to have a reason to detain an individual. He
supported the Resolution and felt it is a great start. He stated that he would like to see
the City Council investigate what type of agreements the Police Department has with
state and national justices, such as the Department of Justice and the FBI, and the
types of mutual aid agreements that currently exist. He wanted staff to research what
other types of polices the City Council could enact. He explained that the City of Arcata
passed this Resolution and is working on an Ordinance that would do a number of other
things.
Councilmember Rodin wondered about the effect of the City adopting this Resolution
and what predicament it puts the City's Police Department in. She was interested in the
answer to questions posed by Councilmember Andersen and thanked Jan Moore and
the Bill of Rights Defense Committee for bringing this Resolution forward.
Councilmember Baldwin expressed his support for the Resolution, however, he noted
his concern for the sections of the Resolution that describe the content of the Patriot
Act, because he has not read the Patriot Act in its entirety. He preferred a Resolution
that didn't describe the content of the Patriot Act.
Mayor Larson expressed his concern with the erosion of civil rights, the Bill of Rights,
and the constitution. He is very concerned and supportive of the efforts to right that
wrong, however, he has been troubled with the Resolution adopted by the City Council
regarding the war in Iraq. He has received comments and calls from people who are
not necessarily in favor of the war, but had serious concerns about the City Council
turning into a public debate forum for national and international issues. He felt that
there are many people in the community who may be concerned about this issue and
ambivalent, and that voice is not being expressed.
M/S Smith/Andersen adopting Resolution 2003-32 with the appropriate formatting
amendments as described by the City Attorney; carried by the following roll call vote:
AYES: Councilmembers Rodin, Andersen, Smith, and Baldwin. NOES: None.
ABSTAIN: Mayor Larson. ABSENT: None.
It was the consensus of the City Council to direct staff to research what the City of
Ukiah Police Department could do if the FBI comes to Ukiah. Staff was directed to
research local rights versus the national rules, and what the city of Arcata is doing about
this issue. Staff would also investigate the matter of mutual aid agreements that exist
between the Police Department and other law enforcement jurisdictions outside of the
City and County.
Recessed: 8:25 p.m.
Reconvened: 8:36 p.m.
Regular City Council Meeting
April 2, 2003
Page 8 of 13
10. NEW BUSINESS
10b. Consideration and Possible Action Regarding Resolution Supporting
Armed Forces- Councilmember Andersen
Councilmember Andersen requested the City Council consider a resolution supporting
the Armed Forces engaged in conflict with Iraq. The City Council previously took a
stand against the war and he continues to be vehemently against this war. On the other
hand, the administration has decided to wage war on Iraq and when that began, it was
no longer an issue of the people in the Armed Forces having a choice. He felt it
important that we show support for members of our community that are in the Armed
Forces.
Those speaking in support of the proposed Resolution were Karen Poplawski (612
Walnut Ave.), Mary Misseldine (536 No. School Street), Mr. Terry McEntee (14
Lorraine St.), Dan Hamburg (Boonville Rd), Gordon Elton (417 No. Oak St.), Mike
McCann, Scoff Miller (408 W. Mill St.), Gary Smith (2680 Twaine Rd.), and Daniel
Winfrey (336 Tedford).
Councilmember Baldwin was supportive of the troops who are in harms way and have
been placed in a dubious battle. He felt the invasion of Iraq is mistaken, unethical, and
a policy that is generating anti-Americanism throughout the world and related terrorism.
He was supportive of the proposed Resolution if it could be amended and suggested
that the eighth "Whereas" sentence be deleted and the following wording be inserted,
"Whereas, the ability of our Armed Services personnel to be an aid to peace, progress,
liberty, and justice requires the support of the nation, community, and family."
He also recommended that the second line of the second "Resolved" sentence read "To
pursue all efforts to ensure that all prisoners be treated in accordance with the Geneva
Convention."
Councilmember Smith advised that it is important to recognize that those that
voluntarily joined our Armed Forces do so because they have an interest in being
available at such time when they are called to serve their country. We should also
recognize that they may not have the opportunity to determine where they are going to
go and for which cause they are going to fight. He supported the proposed Resolution
and he wanted people to understand that it is a Resolution about supporting our troops,
not about being opposed to the war. He hopes that one of the outcomes of adopting
this Resolution is that the citizens of Ukiah will have an attitude of support and welcome
for the Armed Forces when they come.
Councilmember Rodin was of the opinion that the word "support" is hollow and wanted
to know if it meant moral support or a commitment to financially and socially support
Veterans when they come home and that the Resolution should be clarified as to what
is mean by "support". She suggested wording of, "To financially and socially support
Veterans when they return home. To provide Veterans with accurate information about
what they are dealing with in their mission."
Councilmember Andersen agreed with Councilmember Rodin and Baldwin's
suggestions and was supportive of adding "Resolved, that the City Council of Ukiah
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April 2, 2003
Page 9 of 13
urges the state and national government to fully support the Veterans of this conflict,
both financially and socially, to address any health concerns that are raised from the
conflict, and to work towards a more peaceful world."
Mayor Larson explained that he has difficulty with this type of format; however, he was
very touched by a number of speakers from the audience. He pointed out that the
Resolution recently adopted by the City Council regarding the war in Iraq supports the
U.S. military personnel serving at home and overseas in their battle against global
terrorism.
City Clerk Ulvila requested that Councilmembers who are recommending amendments
to the Resolution provide her with the language in writing.
M/S Andersen/Smith adopting Resolution 2003-33 expressing support for American
Armed Forces engaged in conflict in Iraq, with amendments proposed by
Councilmembers Andersen and Baldwin, and that the Resolution be formatted to City
procedures, carried by the following roll call vote: AYES: Councilmembers Rodin,
Andersen, Smith, and Vice-Mayor Baldwin. NOES: None. ABSTAIN: Mayor Larson.
ABSENT: None.
10. NEW BUSINESS
10c. Receive and File the Audited Financial Statements for Fiscal Year
2001/2002
City Manager Horsley advised that for the last five years we've had concerns from our
auditor regarding bank reconciliations, miscellaneous accounts, and the reconciliation of
fixed assets. These concerns have been eliminated. She explained that Finance
Director Elton has indicated that's mainly due to the efforts of Accounting Manager Mike
McCann and it is a very significant change. She expressed her appreciation to
Accounting Manager McCann and Finance Director Elton.
Finance Director Elton advised that, according to the auditors, the City's financial
records are in excellent condition. The auditors report on internal control makes the
statement that the results of their test discloses no instances of noncompliance that are
required to be reported under Government Accounting Standards. The auditors felt
there were no items that they felt the City was deficient in that had to be identified in
accordance with Governmental Accounting Standards.
Councilmembers commended City staff on the results of the audit.
It was the consensus of Council to receive and file the City of Ukiah financial
statements for the year ended June 30, 2002, audited by Davis Hammon & Company.
10. NEW BUSINESS
10d. Authorization of City Manager to Issue Request For Proposals for
Downtown Parking District Improvement Study
City Manager Horsley explained that this Request for Proposal was discussed
previously and she felt there is a need for accurate and detailed analysis of existing
Downtown-parking conditions.
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April 2, 2003
Page 10 of 13
Mayor Larson expressed concern with the future of the Palace Hotel and that it has a
potential affect on the parking demand and solutions in the Downtown area. He
inquired if the study would take that into consideration.
Community Services Director DeKnoblough explained that staff could recommend
that the study include discussion of those uses and what their impact would be on
parking.
Mayor Larson noted that one of the potential uses discussed for the building is to use it
as a parking structure. He felt that it is the biggest factor, outside of the railroad depot,
in terms of overall impact on downtown parking and circulation.
Councilmember Andersen inquired about the "Scope of Services" and if the City could
anticipate there will actually be serious consideration of a parking structure in the
downtown area. He stated that he is interested in seeing some sort of analysis of
different parking lots and the costs associated with, and the feasibility of, a two or three
level parking structure in the downtown that would alleviate some of the parking
concerns. He inquired if staff could also look at the feasibility of removing parking
meters and what that would mean. He is interested in eliminating all meters in the City
limits.
Community Services Director DeKnoblough explained that things included in the
RFP include discussions and public meetings with the merchants and downtown groups
and it is anticipated that staff would receive a lot of input as far as what will actually go
into the study.
M/S Andersen/Smith authorizing the City Manager to issue Request for Proposals
(RFP) for parking improvement study in the Downtown Parking Improvement District,
carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith,
Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None.
10. NEW BUSINESS
10e. Adoption of Resolution Supporting the National Computer Recycling Act
City Manager Horsley advised that Congressman Thompson has requested support
for his measure to promote greater recycling and reuse of computers throughout the
nation. Locally, through Mendocino Solid Waste Management Authority (MSWMA), the
City is already performing a lot of what they anticipate doing elsewhere in the nation.
Mayor Larson noted that when he served on MSWMA, the issue frequently came to
their attention and now there is a solid industry to move forward with this matter.
M/S Rodin/Baldwin adopting Resolution 2003-34, supporting the National Computer
Recycling Act, 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
10f. Award of Bid to EBA Consultants for Leslie Street Gas Plant Miticl_ation$
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April 2, 2003
Page 11 of 13
and Approval of Budget Amendment for $56,535
City Manager Horsley advised that in July 2002 staff learned that the City had owned
and operated a gas production plant from 1921 through the 1940s on Leslie Street.
Staff conducted research on the matter and met with the Regional Water Quality Control
Board staff, P.G. & E., and the property owners. The City received one bid, from EBA
Engineering, for the sum of $56,535.
City Attorney Rapport explained that the possibility of locating liability insurance to
cover that risk is not very good. Insurance is not a realistic option in this matter and the
City is at risk on its own.
M/S Rodin/Smith approving award of bid to EBA Consultants for Leslie Street Gas
Plant mitigations and budget amendment to 2002-03 Budget, increasing expenditure of
$56,535 in account 699.1201.800.032, carried by the following roll call vote: AYES:
Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None.
ABSTAIN: None. ABSENT: None.
10g (i). A!3_13roved Phase I Fence Improvements for the Ukiah Municipal Golf
Course in the Amount of $15,000.
Councilmember Rodin advised that staff answered her question concerning the item.
M/S Smith/Rodin approving Phase I fence improvements for the Ukiah Municipal Golf
Course in the amount of $15,000, 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 Senator Chesbro was in Ukiah on March 29th
at the Todd Grove Club House along with Mayor Larson, and Supervisor Colfax. The
Senator provided a grim analysis of the state budget situation. Many people in
attendance were concerned about retaining the Air Attack Base in Ukiah and funding for
different social service programs.
Councilmember Smith reported that he attended the Inland Water and Power Agency
meeting on March 12th. He participated in the Leadership Mendocino fundraising dinner
as a celebrity waiter at the Willits Senior Center. He will be going to Washington, D.C.
this week and then will take a week's vacation and will not be able to attend the April
16th City Council meeting.
Mayor Larson reported that he attended the League of California Cities Transportation
Policy Committee meeting on March 28th in Sacramento. Most of the discussions
concerned the state budget and they were addressed by a State Assembly member
from Southern California who has some proposals for dedicating portions of state
revenue, such as a quarter cent of the existing sales tax, to local road maintenance.
They expected the STIP balance to be around $4 billion but it was actually $1.8 billion.
They will be breaking that into three trimesters of $600 million per trimester of state
spending on transportation through STIP. $400 million out of the $600 million goes to
Caltrans for shop programs that are for the safety and maintenance of major highways.
Regular City Council Meeting
April 2, 2003
Page 12 of 13
The next projects to be funded are those that they are already deep into and would be
costly to shut down. The last consideration is for local street maintenance. The
Commission Chairman did not anticipate that local jurisdictions would receive any
funding.
Councilmember Baldwin noted that he recently read a memo from MCOG to the City
Council that suggested that staff is pushing that the funding from the Willits bypass be
moved to the Hopland bypass. He felt that the Hopland bypass would have a more
significant impact on the Ukiah valley and questioned if that is where the momentum is
going.
Mayor Larson explained that the matter came up at MCOG's last meeting. The issue
concerns promising some future money, which we may or may not get, and committing
to the Hopland bypass because so much has already been committed to the Willits
· bypass. When the state begins evaluating different projects like the Hopland bypass,
which is only in the rudimentary stages of consideration at this point, they judge the
local support for these projects by how much of your SB45 funds, which is the money
that MCOG gets to allocate, is committed to any given major project.
He reported that he waited tables at the Leadership Mendocino dinner. He will be
attending the Main Street gathering tomorrow night and hopes other Councilmembers
will also attend. He will be traveling with City Manager Horsley, Administrative Analyst
Burck, and Councilmember Smith to Washington, D.C. to request funding for the City's
wastewater treatment plant.
12. CITY MANGER/CITY CLERK REPORTS
City Manager Horsley advised that the City has received increased concerns and
complaints about trash and littler at homeless encampments. A lot of it is near NCRA
property and they don't have the people to clean it up. Staff will attempt to organize a
City of Ukiah employee day to clean up a site. She felt it is a continuing problem but the
City will continue to work with the neighbors and NCRA.
City Attorney Rapport informed Council that he would not be able to attend the next
Council meeting. If Council has legal questions on any agenda item, they should get
them to staff in advance of the meeting so that staff will be better prepared to respond to
them.
Adjourned to Closed Session: 10:13 p.m.
Reconvened: 10:45 p.m.
13. CLOSED SESSION
Conference with Legal Counsel- Anticipate Litigation, Significant exposure
to litigation pursuant to subdivision (b) Of G.C. §54956.9(1- case)
No action taken.
14. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 10:50 p.m.
Marie Ulvila, City Clerk
Regular City Council Meeting
April 2, 2003
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