Loading...
HomeMy WebLinkAboutMin 04-16-03 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 16, 2003 The Ukiah City Council met at a Regular Meeting on April 16, 2003, the notice for which had been legally noticed and posted, at 6:34 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Rodin (arrived 6:50 p.m.), Andersen, Baldwin, and Mayor Larson. Councilmember absent: Smith. Staff present: Public Utilities Director Barnes, Interim Fire Chief Cohn, Community Services Director DeKnoblough, City Manager Horsley, Acting City Attorney Johnson, Deputy Director of Public Works Seanor, Planning Director Stump, Police Captain Walker, Police Chief Williams, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE J.D. Morgan led the Pledge of Allegiance. 3. PROCLAMATIONS 3a. April 28,2003 is Workers Memorial Day in the City of Ukiah Mayor Larson read the Proclamation proclaiming April 28, 2003 as Workers Memorial Day in the City of Ukiah in recognition of workers killed, injured, and disabled on the job. Terry Poplawski accepted the Proclamation on behalf of the Mendocino County Coalition of Union Members and thanked the City Council. 3. PROCLAMATIONS 3b. May 10, 2003 is NALC National Food Drive Day in Ukiah Mayor Larson read the Proclamation proclaiming May 10, 2003 as National Association of Letter Carriers (NALC) Food Drive Day in Ukiah and urged all citizens to take part by placing a food donation by your mailbox on Saturday, May 10th so their letter carrier can pick it up and deliver it to the Food Bank. Randy Gilbert accepted the Proclamation on behalf of NALC and thanked the City Council. 4. PRESENTATION 4a. Presentation of "Employee of the Year" Awards by City Manager Horsley City Manager Horsley advised that an employee might be nominated for a specific project or endeavor in which they demonstrated service and response above the norm or for consistently showing excellence in a variety of ways. She announced that Rebecca Gonzalez and Jim Looney have been selected to receive "Employee of the Year" awards as distinguished employees. Rebecca Gonzalez and Jim Looney thanked the City for the award. m Councilmember Baldwin, Mayor Larson, and City Councilmember Rodin) read a poem. Regular City Council Meeting April 16, 2003 Page 1 of 11 PRESENTATION Councilmembers Rodin, Baldwin, and Mayor Larson to Read Poems Manager Horsley (for 6:50 p.m.: Councilmember Rodin arrived at the meeting. 4. PRESENTATION 4b. Presentation of the Mayor's Medal of Valor, Certificates fro Bravery, and Other Commendations to Police Sergeant Marcus Young, Julian Covella, and Brett Schott Mayor Larson advised that this presentation is for Police Sergeant Marcus Young, Julian Covella, and Brett Schott regarding their activities concerning the recent Wal- Mart incident. A video was shown of an interview of the three individuals on the John Walsh Show from New York City. Police Chief Williams thanked the City Council for taking the opportunity to recognize three very deserving individuals for their valor and unselfish actions on the night of March 7, 2003. He recognized many others involved in the incident. Mayor Larson described the incident 14 years ago in which Jim Wattenburger responded to a fire and evacuated 13 people and was awarded the Mayor's Medal of Valor. Jim Wattenburger explained that the three individuals didn't ask for the award, that they are ordinary people who, upon extraordinary circumstances, took a stand and did it for the citizens of Ukiah. Mayor Larson presented the Mayor's Medal of Valor to Brett Schott, Police Cadet Julian Covella, and Police Sergeant Marcus Young. Julian Covella, Brett Schott, and Marcus Young expressed their appreciation to the community, their families, and those individuals and agencies that came to their aid during this incident. Harold Maxwell, Commander from the American Legion Post 76 and the District Commander, provided an American Legion Certificate of Appreciation and Citation of Appreciation to Julian Covella, Brett Schott, and Marcus Young for bravery. Recessed: 7:42 p.m. and Councilmember Rodin left the meeting. Reconvened: 7:57p.m. 5. APPROVAL OF MINUTES 5a. Regular Meeting of March 19, 2003 City Clerk Ulvila requested that the draft minutes for the March 19, 2003 regular meeting be continued to the next City Council meeting of May 7th. 5. MINUTES 5b. Special Meeting Minutes of April 2, 2003 M/S Baldwin/Andersen approving the Special Meeting Minutes of April 2, 2003 as presented, carried by the following roll call vote: AYES: Councilmembers Andersen, Regular City Council Meeting April 16, 2003 Page 2 of 11 Baldwin, and Mayor Larson. NOES: Councilmembers Rodin and Smith. None. ABSTAIN: None. ABSENT: 6. RIGHT TO APPEAL Mayor Larson read the appeal process. 7. CONSENT CALENDAR M/S Andersen/Baldwin approving items "a" through "d" of the Consent Calendar as follows: a. Approved Disbursements for Month of March 2003; b. Rejected Claim for Damages Received from Lynn Harris and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; c. Reported on the Acquisition of Flexible Crack Sealant From Tri-American, Inc. in the Amount of $5,429.53; d. Awarded Three-Year Contract to Applied Development Economics for Grant Consultant Services. Motion carried by the following roll call vote: AYES: Councilmembers Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Rodin and Smith. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Ana Araiza, 781 Cindee Avenue, acknowledged Rebecca Gonzalez for her award as one of the recipients of the "Employee of the Year" and noted how proud she is of her efforts. Mayor Larson noted that there has been a request to hear item 9c earlier on the agenda due to audience participation. There was no objection by Council. 9. UNFINISHED BUSINESS 9c. Possible Discussion Regarding Bilingual Services City Manager Horsley advised that staff did not receive any formal documents or information concerning this matter. Last week two groups contacted staff and their emails were forwarded to the City Council. Ana Araiza, speaking as Co-Chair of the Latino Coalition, explained that they brought up the issue of the City being out of compliance with the bilingual police officers that are employed with the City. She hopes they can work with the City in the spirit of networking, cooperation, constructive criticism, and unity. Marlene Ruiz, speaking on behalf of the Alliance for Human Rights, read a letter that was submitted into the record that expressed their concerns and disappointments in the City of Ukiah's lack of priority and attention to the California's State Law for providing equally competent services in the Spanish language to its Latino community. Those speaking in support of the City providing more bilingual services were Ana Araiza (Latino Coalition), Ricardo Negron, Marlene Ruiz (Alliance for Human Rights), Zezzy, Juan Hernandez, Jay Twigg, Richard Johnson, Linda McClure Regular City Council Meeting April 16, 2003 Page 3 of 11 (Green Party of Mendocino County), Terry Poplawski, Greg Krouse (Quakers), Halley Duvrell, and Paul Casteel. Mayor Larson recommended directing staff to compile ideas for a committee composed of members of the City Council, public, staff, and law enforcement, to address some of the items that are of particular concern to the Latino community. City Manager Horsley explained that staff met with some representatives about a month ago regarding utility billing services. Applications for electric, water, and trash service have been translated to Spanish and staff plans to do the same for sewer service and other applicable documents. A Spanish conversational instructor will meet with the Finance Department staff to train them in Spanish phrases. She discussed recruitment procedures. Councilmember Baldwin made a statement in Spanish and then in English. He expressed his support for more City employees and Police Officers to be able to speak Spanish, as well as new employees to be bilingual. He recommended a teaching program for Police Officers to learn Spanish and understand their culture. He expressed the importance of young people to learn to be literate in two languages so that they can be qualified for jobs in the Ukiah community and possibly higher paying jobs elsewhere. Councilmember Andersen voiced his concern for the need to understand other cultures in our community. He recommended that the Police Department talk to the National Latino Police Officers Association and Hispanic Police Officers Association about their procedures. He suggested there be a committee comprised of at least two Councilmembers, City Manager, Police Chief, Fire Battalion Chief, Personnel Director, and at least a couple line staff in the Police, Fire, other City departments, and with citizens in the Latino community to discuss the matter. Zezzy offered to teach Spanish and his culture for two hours a week to the Ukiah Police Department for free. Ana Araiza volunteered to assist the Police Department in translating services for free. She recommended that the City prioritize finding bilingual personnel. Steve Burrell, 2214 Sythe Drive, Redwood Valley, advised that the Police Department attends a career class he teaches every summer where there are about 30 bilingual students. He wanted to let Council know that the police are attending classes to recruit bilingual people. It really helps the students understand the police and they begin to develop a rapport with different police officers. Greg Krouse, Philo, Green Party member and a Quaker, discussed some of the customs related to being a Quaker and voiced his support of more bilingual employees. Halley Duvrell expressed her interest in being on a committee related to this matter. Regular City Council Meeting April 16, 2003 Page 4 of 11 Mayor Larson recommended referring the matter to staff to put together the structure for a committee to deal with this matter. Councilmember Andersen stated that he would like to know how many bilingual employees the City employs. He would like to obtain information concerning outreach programs available in the Ukiah community. He inquired as to what celebrations the Police Department patrols and what events they attend so that we will know more about what more we can do. He wanted to see recommendations come out of that committee as well as a timeline for when they are going to be implemented. He voiced his concern that some members of the community are grandstanding with this issue. Mayor Larson stated that he didn't think the committee would work without some Council participation and it should be limited to two members and have members of City staff, and the Latino community or other interested people. He recommended delegating staff with the responsibility to seek out, through the two organizations that have approached the City, interested people in the community to serve on the committee. 9. UNFINISHED BUSINESS 9a. Introduction of Ordinance Amending the City of Ukiah's Miscellaneous PERS Coverage Group Contract to 2.7% at 55 M/S Baldwin/Andersen Introducing Ordinance by Title Only, carried by the following roll call vote: AYES: Councilmembers Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Rodin and Smith. City Clerk Ulvila read the title of the Ordinance: "Authorizing an amendment to the contract between the City Council of the City of Ukiah and the Board of Administration of the California Public Employees' Retirement System." M/S Baldwin/Andersen Introducing Ordinance, carried by the following roll call vote: AYES: Councilmembers Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Rodin and Smith. 9. UNFINISHED BUSINESS 9b. Adoption of Resolution Implementing the Paths, Open Space, and Creeks Commission Community Services Director DeKnoblough advised that at the last meeting Council adopted Ordinance No. 1045 creating the Paths, Open Space, and Creeks Commission. In order to implement the ordinance and proceed with appointment of members, adoption of an implementing resolution is now required. Still to be defined by Council for inclusion in the resolution are the terms of service for Commissioners, procedures for appointment, and any additional criteria such as residency or possible professional affiliation. Melody Valles, member of the Park, Recreation, and Golf Commission, advised that they have been under the assumption that creeks, open space, and trails were part of their purview. Regular City Council Meeting April 16, 2003 Page 5 of 11 Councilmember Baldwin explained that he would continue to bring before Council the idea of individual Council appointments to the committee. However, he felt it would make more sense to support the traditional manner of appointment of the five members. He would support a process similar to the Planning Commission appointments, without the residency requirement. Another option would be have a majority, such as. the Airport Commission, be residents of the City and two other members be representatives from the Sphere of Influence. Council Andersen advised that he is open to having at least one position be available to a County resident and a specific seat for a current member of the Parks, Recreation, and Golf Commission. He was supportive of having staggered appointments so that they are not all appointed with the same expiration date for their term. Councilmember Baldwin suggested using the language from the Airport Commission as noted on page 3 of the staff report. 'Mayor Larson stated why he voted against this commission was because he felt that it was already the area of concern for existing commissions which haven't had the time and more specifically Council hasn't allocated the resources to staff to provide any material for these commissions to deal with. He recommended a commission be comprised of a member of the Planning Commission, Parks, Recreation and Golf Commission, Traffic Engineering Committee, preferably someone who has pedestrian interests in mind as well as walking and bicycling, and two members from the surrounding area. He felt it important that the majority of the Commission be City residents or representative of the City in some way. M/S Baldwin/Andersen that the membership establishing the Paths, Open Space, and Creeks Commission be identical to the Section 1101 of the Ukiah Municipal Code for the Airport Commission, and amending the Resolution as such. Councilmember Andersen was of the opinion that the Parks, Recreation, and Golf Commission deals more with golf related issues than paths and open space, and therefore, a new commission would devote their time to those specific issues. Lorie Leaf inquired if there is money in the City's budget for acquisition of open space for public use. Mayor Larson advised that there was $185,000 set aside in an Open Space Acquisition Fund/Special Projects Fund, about a year ago. Melody Valles disagreed with the idea that most of the discussions of the Parks, Recreation, and Golf Commission centers on Golf Course issues. Many other things are discussed at their meeting. If the City Council has issues regarding open space, they should have brought it to the Commission's attention. Motion carried by the following roll call vote: AYES: Councilmembers Andersen and Baldwin. NOES: Mayor Larson. ABSTAIN: None. ABSENT: Councilmembers Rodin and Smith. Regular City Council Meeting April 16, 2003 Page 6 of 11 Discussion followed relative to the Resolution. M/S Baldwin/Andersen Adopting Resolution 2003-35 establishing the Paths, Open Space, and Creeks Commission as amended. Charles Peterson, Point Arena, recommended that the City Council establish the responsibilities of the Parks, Recreation, and Golf Commission and the Paths, Open Space, and Creeks Commission soon. Motion carried by the following roll call vote: AYES: Councilmembers Andersen and Baldwin. NOES: Mayor Larson. ABSTAIN: None. ABSENT: Councilmembers Rodin and Smith. 10. NEW BUSINESS 10a. Approval of Letter of Support For The California Main Street Program and AB 1123 Risk Manager/Budget Officer Harris advised that the proposal is for a letter of support for AB 1123 that is going through the State at the present time. It would put the California Main Street Program under the auspices of the State Office of Historic Preservation. Richard Moser, President of Ukiah Main Street Program, requested the City Council's support in the recommendation of staff. M/S Andersen/Baldwin approving letter of support for the California Main Street Program and AB 1123. Councilmembers thanked the Ukiah Main Street Program for their hard work. Motion carried by the following roll call vote: AYES: Councilmembers Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Rodin and Smith. Recessed: 9:47 p.m. Reconvened: 9:52 p.m. 10. NEW BUSINESS 10b. Discussion and Approval of Mendocino Solid Waste Management Authority_ (MSWMA) Annual Budget Mike Sweeney, MSWMA General Manager, discussed MSWMA's annual budget and described the various programs under MSWMA's purview as well as pertinent information for Council's consideration. Due to numerous reductions, the proposed budget is approximately $40,000 less than last year's. He noted that they do not anticipate any change in the surcharge, which is the core funding, for the next year. At the same time, all of the programs are continued in affect. Regular City Council Meeting April 16, 2003 Page 7 of 11 Councilmember Andersen explained that he serves on the MSWMA board and they discussed the budget in detail and were satisfied that it is less than the previous year given the tight economic times and that some of the income is less. Mr. Sweeney responded to an inquiry by Councilmember Baldwin regarding the term "oil grant" and explained that the State of California collects 16 cents per gallon on retail sale of all motor oil that goes into a fund. MSWMA has administered this fund, pooled the jurisdictions' per capita allocations, and utilized that for approved purposes; mainly to recycle oil, hazardous waste, and do related projects that meet the grant criteria. The approximate amount is $35,000 a year. M/S Andersen/Baldwin approving the MSWMA annual budget for fiscal year 2003- 2004, carried by the following roll call vote: AYES: Councilmembers Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Rodin and Smith. 10. NEW BUSINESS 10c. Authorization of Mayor to Execute a Member Aqreement For Financing of Planning and Development Activities of Hydroelectric Project Number Two Relative To The Poe Hydroelectric Project Public Utilities Director Barnes advised that at the February 2003 NCPA Commission meeting, the Commission approved and authorized staff to submit a competing license for the POE Hydroelectric Project, which license expires in September 2003. This is only for the study phase and preparation for the license. There is no commitment for us to be a participant in the generating unit. M/S Baldwin/Andersen authorizing Mayor to execute a Member Agreement for financing of planning and development activities of Hydroelectric Project Number Two relative to the Poe Hydroelectric Project, carried by the following roll call vote: AYES: Councilmembers Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Rodin and Smith. 10. NEW BUSINESS 10d. Discussion and Possible Action Regarding Video-Taping and Televisin.q_ City_ Council Meetings Councilmember Andersen advised that he is bringing this matter back for discussion because he has a proposal for an interim solution to videoing and airing of City Council meetings. The process is for video recording and as discussed previously, there was an estimate of $50,000 for creating a studio in the Council Chambers with a couple remote controlled cameras in the Audio Visual room. Given the budget constraint that we face, that's probably not a very realistic thing to try to accomplish this year. He proposed that the City commit the balance of unused funds budgeted in the 2002- 2003 fiscal year for the November 2002 election ($4,673) to purchase equipment necessary for a bare-bones live and recorded delivery of City Council and/or Planning Commission meetings, including but not limited to equipment listed in his report. He requested that Council direct staff to negotiate arrangements with Adelphia for the airing of City Council meetings live and at least two more times during the week, that we Regular City Council Meeting April 16, 2003 Page 8 of 11 advertise and interview for a professional level camera operator, and that Council commit 10% of the Cable Franchise Fee to a separate reserve fund for ongoing expenses, possible upgrades and future purchases into the system if franchise negotiations continue to be delayed. He noted the importance of televising meetings to keep the public more informed. Councilmember Baldwin thought the proposal is a tremendous idea, however, his main concern would be about jumping the gun on the budget for item #4. He felt it is a step in the right direction. It would be good to get staff's input with regard to the facility and with regard to hiring someone to do the work. City Manager Horsley advised that she contacted Adelphia and they wouldn't charge the City for putting it on the channel. Discussion followed with regard to the cable channel in which the meetings would be broadcast. Concern was expressed that there not be a conflict in programming of meetings and the televising of arts programming on the same channel. City Clerk Ulvila explained that she is supportive of having the City Council and Planning Commission meetings televised. She reminded Council that the Elections portion of the City Budget is under the purview of the City Clerk's office. After she had informed the City Council of the cost of the last election and the savings to the City, she studied her budget and had planned to make recommendations to the City Council at the upcoming budget hearings. However, since this matter is now agendized, she requested that the City Council consider allowing the $4,673 in savings from the Election to be transferred to the next Fiscal Year budget to help pay for the services of a part time college student to assist the City Clerk's office in scanning documents into the Laser Fiche program, assist with retrieval and research of documents, as well as records retention. Mayor Larson voiced his support for televising the City Council meetings. He realizes the pressure the City Clerk is under to maintain the public records and he supported her recommendation to carry over a surplus in her budget into things that she needs to do, however, he preferred waiting until budget deliberations. He expressed his concern about having a substandard production being televised. It was his opinion that Council may be able to find some money to do a trial run for televising Council meetings. He felt it is a little premature since budget deliberations are only a couple months away and there may be some serious budget considerations. Councilmember Andersen advised that he would be happy to take $5,000 out of the Special Projects Fund for this. At this time, especially with the budget situation and the housing element update, it's a vital time for people to know what the City is doing. Councilmember Baldwin advised that he would strongly support directing staff to find up to $6,000 to get this project underway and to come back with a proposal on concepts for someone to operate the equipment. He noted that a tripod is one of the keys to a smooth video. He is very supportive of this, whether the money is in Reserves, Special Projects, or Council's Community Outreach funds. Regular City Council Meeting April 16, 2003 Page 9 of 11 Mayor Larson noted that the intent is to focus on televising City Council meetings but in justifying dipping into that fund, if we were to make the equipment and the Council Chambers available to those groups that the Council has a problem funding (non- profits), they could do televised programming and even fundraising. M/S Baldwin/Andersen directing staff to locate up to $6,000 in funding for equipment purchase for the televising of City Council and Planning Commission meetings, and report back to the City Council within six weeks with a plan for operation of that system and the concept for staffing the operation. Councilmember Andersen added an amendment to the motion that staff report back to Council within six weeks with a specific list of equipment needed for the project. M/S Baldwin/Andersen approving amendment to the motion, carried by the following roll call vote: AYES: Councilmembers Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Rodin and Smith. 11. COUNCIL REPORTS Councilmember Andersen reported that he attended a Housing Committee meeting this week and there will be a public housing forum sometime in May followed by another housing forum dealing more specific with real estate and architect communities. He felt there is a good group of people on the Committee and they are discussing mixed use, cluster housing, and getting to the 594 number that has been assigned to the City for housing. He has some information concerning instant run off voting and there is a specific Assembly bill that deals with local electoral freedom and it would change the state code that jurisdictions, such as Ukiah, could be involved in instant run off voting. Currently Charter Cities are the only ones allowed to implement instant run off voting and this bill would actually amend the Electoral Code to allow any city to participate in that type of election. He was hoping the City Council could submit a letter of support at a future date. He attended the League of California Cities regional meeting in Eureka over the weekend and he found it very informative. He is looking forward to Legislative Days in Sacramento on May 14th and 15th and hoped that other Councilmembers would also attend. Councilmember Baldwin reported that he attended the League of California Cities meeting in Arcata and it was worthwhile. The reports by Senator Wes Chesboro and Assemblywoman Patty Berg were very interesting and articulate. He was also impressed with the reports from representatives of the cities who are keeping track of state action. His most interesting experience was at the most recent Inland Water and Power Commission (IWPC) meeting in which there was a contentious interaction between Supervisor Mike Delbar and one of his constituents who represents the Redwood Valley Regular City Council Meeting April 16, 2003 Page 10 of 11 Water District. Aisc present were Supervisor Wagonette, Jim Stretch (Interim Director of the Water Agency), and Ross Mayfield. He was able to interpret the position of the Water Agency at this point of "we definitely want the wording changed if you want us to stay involved", but the group didn't want to explain any details of any plans they have. He stated that he thought it was precedent setting. We might want to actually reconsider, what they said a "domino affect" if the first right of refusal doesn't apply to the County Water Agency. He questioned how that impacts the whole value of the IWPC and how would it impact the City of Ukiah's relationship to the IWPC. Mayor Larson reported that he went to Washington, D.C. and it appeared to be a very successful venture. He learned a lot and made some good contracts with the representatives. It really helped to shape how we define and present the project, depending on the source of funding, the sponsoring legislator, etc. He thought that the City would receive a favorable response and the City is following up with letters. He reported that the Board of Forestry, which is a commission appointed by the Governor, has disclosed that they are in favor of keeping the Ukiah Air Attack Base open. There was a brief discussion concerning which Councilmembers had planned to attend Legislative Days in Sacramento in May. 12. CITY MANGER/CITY CLERK REPORTS City Manager Horsley advised staff is ready to submit an application to the Russian River Flood Control District for water. We are asking to be able to make a deal for water only in the summers that we need it. However, that may not be possible and we may have to pay for water every summer even if we don't use it every summer. City Clerk Ulvila thanked the City Council for submitting their FPPC form 700's and reminded them to recycle their large envelopes. She also thanked Council for taking her recommendation with regard to the funds available in the Elections budget under consideration. 13. CLOSED SESSION None. 14.ADJOURNMENT There being no further business, the City Council meeting was adjourned at 10:43 p.m. / Marie Ulvila, City Clerk Regular City Council Meeting April 16, 2003 Page 11 of 11