Loading...
HomeMy WebLinkAboutMin 05-07-03 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 7, 2003 The Ukiah City Council met at a Regular Meeting on May 7, 2003, the notice for which had been legally noticed and posted, at 6:32 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Rodin, Andersen (arrived at 6:34 p.m.), Smith, Baldwin, and Mayor Larson. Staff present: Public Utilities Director Barnes, Community Services Director DeKnoblough, Police Captain Dewey, City Manager Horsley, Accounting Manager McCann, City Attorney Rapport, Electrical Distribution Engineer Sauers, Deputy Director of Public Works Seanor, Planning Director Stump, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Morey McCIoud led the Pledge of Allegiance. 3. PROCLAMATION 3a. Walk and Roll Festival (la-13) Mayor Larson read the Proclamation proclaiming May 19-24, 2003 as Walk and Roll Festival in the City of Ukiah and urged all who are able to take advantage of the benefits of walking or rolling, or riding an MTA bus to do so during this week and throughout the year. Valarie Law accepted the Proclamation on behalf of those that will be participating in alternative transportation strategies of bicycling, walking, carpooling, taking the bus, or telecommuting. She thanked the City for the Bike and Pedestrian Plan. 4. MINUTES 4a. Regular Meeting of March 19, 2003 (la-49) Councilmember Andersen noted a correction on page 6, ninth paragraph, that the "unidentified man" was Rex Eiffert and that the use of the phrase "imminent domain" was incorrect. It should be spelled "eminent domain" and should be changed on page seven, paragraph two and three of the minutes. He also noted a correction to page 12, third paragraph; first sentence should read "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 last paragraph on page 12, second sentence should read, "He attended the first meeting of the Housing Element and everyone was in attendance and it was a fruitful meeting ." M/S Baldwin/Andersen approving the Regular Meeting Minutes of March 19, 2003 as amended, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. Regular City Council Meeting May 7, 2OO3 Page 1 of 16 4. MINUTES 4b. Regular Meetin~ of April 2, 2003 (la-65) Councilmember Andersen noted a correction to page nine, first paragraph, second sentence should read, "The City Council previously took a stand against the war and he continues to be vehemently against this war." He noted a correction on page 12, fifth paragraph, first sentence should read, "Councilmember Andersen reported that Senator Chesbro was in Ukiah on March 19th...'' He noted a correction on page 13, agenda item number 12 should read, "City Manager..." and that the first sentence should read, and "City Manager Horsley advised that the City has received increased concerns and complaints about trash and litter at homeless encampments." M/S Andersen/Baldwin approving the Regular Meeting Minutes of April 2, 2003 as amended, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES' None. ABSTAIN: None. ABSENT: None. 4. MINUTES 4c. Regular Meeting of April 16, 2003 (la-76) M/S Andersen/Larson approving the Regular Meeting Minutes of April 16, 2003 as presented, carried by the following roll call vote: AYES: Councilmembers Andersen, Baldwin, and Mayor Larson. NOES' None. ABSTAIN: Councilmembers Rodin and Smith. ABSENT: None 5. RIGHT TO APPEAL Mayor Larson read the appeal process. 6. CONSENT CALENDAR (la-86) Councilmember Baldwin requested that Item '~f" be pulled from the Agenda for further discussion. He noted that his concerns relate to noise issues. Councilmember Andersen requested that item "g" be pulled from the Agenda for further discussion. He noted that his concern relates to the way in which the bid was awarded. City Manager Horsley noted that there is a revision to one paragraph on item "f". Mayor Larson advised that items "f and g" would be heard under New Business, items"10e and 10tTM. Regular City Council Meeting May 7, 2003 Page 2 of 16 M/S Smith/Andersen approving items "a" through "e" of the Consent Calendar as follows: a. Received Report to Council Regarding Purchase of Command Van Equipment From Masterson Communications in the Amount of $6,815.26; b. Awarded Bid for 6,000 Ft. of 750 MCM Aluminum, 15 KV, XLPE PVC Jacketed, Concentric Neutral, Single Conductor Cable to American Wire Group in the Amount of $21,428.55; c. Awarded Bid to AC&R Service For the Purchase of Seven Replacement High Efficiency Heating and Air Conditioning Units for the Civic Center in the Amount of $29,680 and Approval of Budget Amendment; d. Rejected Claim for Damages Received from Curves For Women Ukiah and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; e. Adopted Ordinance No. 1046 Amending the City of Ukiah's Miscellaneous PERS Coverage Group Contract to 2.7% @ 55. 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 (la-117) Morey McCloud, 301 Snuffin St., discussed maintenance of the City's pool and felt that the City should seriously consider repairing the pool. Rex Eiffert, 68 Whitmore Lane, recommended that the City Council spend less time on national and international issues, establishing hiking trails on private property, how to take away property rights, serving the needs of only close friends, or how much water he uses per year out of Gibson Creek, and focus more on keeping the swimming pool up to standards, repair of Anton Stadium, helping the homeless, helping Senior Citizens, improving the streets, reducing visible pollution by undergrounding utilities, and protecting private property rights. 8. PUBLIC HEARING 8a. Approval of Application to Demolish a Structure Over Fifty years Old Located at 292 East Gobbi Street, Ukiah (la-222) Planning Director Stump advised that the owner of the property located at 292 East Gobbi Street has applied for a Demolition Permit to demolish the warehouse that is over 50 years old on the site. The Demolition Permit Review Committee approved demolition of the structure with the stipulation that the future buildings reflect the design components of the original building, a storyboard documenting the history of the building, and that recycled materials from the existing structure be used in construction of the new building. He recommended Council adopt the Mitigated Negative Declaration and approve the Demolition Permit. He discussed the Historical Profile prepared by Judy Pruden. Discussion followed with regard to the demolition process and the subdivision map for the proposed housing project and how the City could require a future project to conform to the conditions. Staff explained that a note would be placed on the subdivision map Regular City Council Meeting May 7, 2003 Page 3 of 16 regarding the architectural features and the use of recycled materials for any development on the property. These stipulations would be in effect for perpetuity and noted on the City's demolition and Assessor Parcel records. It would also be stipulated in the title report for any future buyers of the property. Councilmember Smith advised that the applicant is his next-door neighbor but they don't live close to the property in question. He inquired of the City Attorney if there would be a conflict of interest on his part. City Attorney Rapport advised that there would not be a conflict of interest. Public Hearing Opened: 7:02 p.m. Judy Pruden, 304 So. Hortense, discussed the historical report she prepared for the property. She liked the idea of having affordable units with a unique style of architecture. City Manager Horsley advised that the applicant has expressed his appreciation to the City and Ms. Pruden for their willingness to partner and assist the applicant in making the project work. Public Hearing Closed: 7:06 p.m. M/S Smith/Baldwin adopting the Mitigated Negative Declaration with findings 1-4. A brief discussion followed concerning the project and conditions. Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. M/S Smith/Rodin approving the Demolition Permit for a structure located at 292 East Gobbi Street, based on the finding that as mitigated, the structure does not have historical or architectural significance, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. al PUBLIC HEARING Adoption of Resolution Revising Residential Electrical Rate For Photovoltaic Unit Interconnection, Establishing New Electrical Rates For Small Commercial, Large Commercial, Industrial and interruptible for Small Commercial, Large Commercial, Industrial and Interruptible Photovoltaic Unit Interconnection and Authorizing the City Manager to Execute Interconnection Agreements For All Customers Requesting Photovoltaic Interconnection With the City of Ukiah's Electrical System (la-524) Public Utilities Director Barnes advised that the California Public Utilities Code (California PUC) has recently been modified and now requires that electric utilities offer net energy metering to serve all customer classes, not just residential. Regular City Council Meeting May 7, 2003 Page 4 of 16 Electrical Distribution Engineer Sauers explained that the California PUC outlines the requirements for utilities having customers wanting to co generate, whether it be wind or solar. The proposed large commercial, industrial and interruptible photovoltaic rate schedules were created to ensure all Ukiah electric customers were able to participate in and benefit from private investment in renewable energy resources. Rebates will be limited on a per customer basis to $6,000 for residential and $25,000 for commercial customer-generators. Discussion followed with regard to the rate proposal, rebates, and meter installation costs, and how staff would deal with a proposal from a large-scale commercial development for solar generation that was above the cap. Public Hearing Opened: 7:27 p.m. Janet Moore, Chair of the Ukiah Food Bank, advised that their organization has been considering solar power for its business and supported the proposal. Heinz Cullinger inquired about the fourth rate category and if grants were available for using methane gas from the landfill. Public Hearing Closed: 7:32 p.m. M/S Smith/Baldwin adopting Resolution 2003-36 revising the domestic photovoltaic rate schedule and establishing rate schedules for small commercial, large commercial, industrial, and interruptible photovoltaic systems in the City of Ukiah and authorizing the City Manager to execute interconnection agreements for each rate schedule, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 9. UNFINISHED BUSINESS 9a. Adoption of Resolution Establishing Prohibition On Parking Vehicles Six Feet Or More In Heicjht At 540 South Orchard Avenue Pursuant To Ukiah City_ Code Section 7154.5 (lb-133) 7:34 p.m. - Mayor Larson recused himself from the meeting because his wife is employed by the California Highway Patrol at the project site. Vice Mayor Baldwin assumed the chair of the meeting. Deputy Public Works Director Seanor advised that on March 19, 2003, the City Council adopted Ordinance No. 1044 adding Section 7154.5 to the Ukiah City Code. This Ordinance prohibits the parking of vehicles that are six feet or more in height at certain locations designated by resolution. The California Highway Patrol (CHP) requested permission to restore on-street parking in the vicinity of 540 South Orchard Avenue with the restriction that vehicles over 6-feet in height not be allowed to park in front of the CHP/Department of Motor Vehicles (DMV) office. The Traffic Engineering Committee (TEC) reviewed this request at its February 18, 2003 meeting and it was Regular City Council Meeting May 7, 2OO3 Page 5 of 16 noted that restricting the height of vehicles parked along the frontage would allow better visibility for CHP officers departing on emergency response and others leaving the facility. Discussion followed with regard to the City installing the proper signage on the street and the process whereby the Traffic Engineering Committee would review proposals for height restrictions on other streets in the City and then make recommendations to the City Council. M/S Rodin/Smith adopting Resolution 2003-37 establishing prohibition of parking vehicles six feet or more in height at 540 South Orchard Avenue pursuant to Ukiah City Code Section 7154.5, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, and Vice-Mayor Baldwin. NOES: None. ABSTAIN: None. ABSENT: Mayor Larson. 7:36 p.m. - Mayor Larson returned to the meeting and assumed chair of the meeting. URGENCY ITEM: Mayor Larson announced that there is a need to take immediate action and the need for action came to the attention of the City subsequent to the agenda being posted. The item concerns "Direction to Inland Water and Power Commission Representative Regarding Sponsorship of Lake Mendocino Dam Raising Project". He explained that the matter came to staff's attention yesterday as an urgent matter as a result of the Board of Supervisors action initiating their desire to assume sponsorship of the project to raise the level of the Lake Mendocino Dam. M/S Smith/Baldwin to add item to the agenda as 10g under New Business, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 9. NEW BUSINESS 9b. Report From City_ Attorney Regarding Public Access to Streams (lb-219) City Attorney Rapport explained that his memo addresses the right to use streams and the rights through either implied, dedication, or prescriptive easement to access streams. The implied dedication would apply not just access to streams but to the use of any established road or trail. If there is a navigable stream or river, there is a public right to use that stream for navigation or for other public purposes, including recreation between the Iow and high water mark of the stream. The use of navigable streams does not apply if the stream crosses lands, the title to which is derived from a confirmed Mexican Land Grant. He explained that the courts have recognized an implied dedication for public use and there are two types of implied dedication. One is called an implied in fact dedication and the other is called an implied in law dedication. He explained that after 1972, the legislature stepped in to this arena and has made it very easy for property owners to defeat implied in law dedication or implied in fact dedications. Now, all they have to do is either post a sign under Civic Code Section 1008 or record a notice in the Recorders Regular City Council Meeting May 7, 2003 Page 6 of 16 Office under Civic Code Section 813 that use of their property is by permission of the owner. Discussion followed relative to the City Attorney's report and some hypothetical situations were discussed. Rex Eiffert, 68 Whitmore Lane, Ukiah, voiced his opposition to the City Council pursuing public access through private property in the western hills, citing the lack of privacy for private property owners and the potential for greater incidents of vandalism with increased traffic. = UNFINISHED BUSINESS Continued Discussion of the Patriot Act and Consideration of Introduction of Ordinance Regarding Employee Compliance Under the Patriot Act - Councilmember Andersen (lb-548) Coun¢ilmember Andersen advised that he would like to delay further consideration of the second part of his request until a later date. He received the City Attorney's staff report last night and has not had adequate time to review it. He stated that he wanted Council to discuss the Arcata ordinance and see if they would like to fashion something like that for Ukiah. City Manager Horsley read Police Chief Williams' responses to the previous questions asked by Council that are contained in the Staff Report. Councilmember Andersen inquired as to how the Police Department feels about the Sheriff and District Attorney's (D.A.) position on the Patriot Act as far as federal agencies coming in and imposing their will. Captain Dewey advised that the Chief has stated that his biggest concern is that we need these other agencies at times to help us investigate crimes. Councilmember Baldwin inquired if Captain Dewey could imagine a scenario where the federal government would ask him to detain someone without evidence for an indictment. Captain Dewey stated that police officers are sworn to uphold the Constitution and the Bill of Rights as part of their mandate as being sworn police officers. If they feel that they are violating any of those issues, they wouldn't take action. He felt that the FBI is more cautious in working with state officials in cases where they obtain search warrants or work to obtain arrest warrants before taking action because they want to maintain a teamwork type of culture and work closely with the District Attorney and the local law enforcement agency. Councilmember Andersen inquired as to what type of protocol would be used by the Ukiah Police Department if an outside agency came in and wanted to do a particular thing but the D.A. didn't agree with it. Regular City Council Meeting May 7, 2OO3 Page 7 of 16 Captain Dewey explained the Ukiah Police Department doesn't have much day-to-day contact with the Sheriff's office. They've helped them investigate crimes, but they are a separate law enforcement agency. On the other hand, all of their crime and arrest reports, and search warrants are funneled through the District Attorney's office. They are then signed by a judge and go through a court system. Discussion continued with regard to the state and federal governments jurisdiction over the local Police Department. It was noted by staff that the federal system has a set of checks and balances that they would go through and they could come to Ukiah and take law enforcement action, using that system and not affect the Ukiah Police Department or the Sheriff's office. M/S Andersen/Baldwin to hear from the public and then continue matter to a later date concerning the ordinance. Councilmember Andersen explained that he is interested in hearing what the public and the City Council thinks about an ordinance as a concept. Rex Eiffert and Morey McCIoud spoke against any City Council action that concerns the Patriot Act. Janet Moore and Linda McClure spoke in favor of the City Council taking action against the Patriot Act. Richard Johnson, 2147A No. State St., was of the opinion that they would like the City Council to take a principal stand based on its understanding of the constitution and the Bill of Rights, and the principals for which they were sworn to take office. Jerry Krantman, 601 Riverside Drive, explained that since September 11th, a lot of people have been really scared and he referred to the Project for a New American Century and discussed how this project evolved and that now the government can take citizenship away from American citizens. He supported the City Council making a statement of some token resistance to make it plain to the federal government that if they are going to play around with civil rights that they need to reckon with some local governments too. Councilmember Baldwin advised that what is being proposed is sort of the concept of nullification. We need to think very clearly about how we can be most effective. To him, the greatest threat is how we can get the non-voting majority to wake up and realize the trouble we are in. Councilmember Smith voiced his appreciation to the City Attorney for the report to Council. He expressed his concern with having an additional ordinance beyond the one that has already has been passed, and the question about whether the Arcata resolution is legal since it has not been tested. Councilmember Rodin expressed her interest in the comments made by Jan Moore with regard to how the City might protect our local law enforcement or City staff from Regular City Council Meeting May 7, 2003 Page 8 of 16 actions that might ultimately be found by a court to be unlawful because they were abiding by the Patriot Act. She inquired of the City Attorney could provide some research on this matter. Mayor Larson explained that if a City employee refuses to cooperate with the federal government and if the proposed ordinance says that the City would provide a legal defense for them, but there is nothing the City can do if the employee is jailed. City Attorney Rapport explained that the worse approach is to put a staff person in a position of either complying with a City Ordinance at the risk of a federal criminal prosecution, or disregarding the City Ordinance, which would probably be unenforceable and illegal anyway at that point because it would be a violation of the supremacy clause. Councilmember Andersen stated that he brought the Ordinance up for Council's discussion. Discussion followed with regard to the content of the Patriot Act and it was noted that most of the City Council and the City staff had not read the Act in its entirety. It was noted that numerous organizations have expressed concern with the Act with regard to civil rights and civil liberties. Councilmember Smith stated that we need to acknowledge that as of April 13, 2003, the city of Arcata was the only city that had passed such an Ordinance. However, other cities are still researching the matter. M/S Andersen/Baldwin to continue this matter to a later date, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10a. Adoption of Resolution Supporting Grant ADDlication For Phase Two Development of Riverside Park (2a-447) Planning Director Stump advised that as reported to the City Council last February, staff has been advised by the California State Coastal Conservancy that additional funding may be available for the next phase of development for Riverside Park. It's a highly competitive process but staff wants to apply for the money and continue efforts to develop the Park. The Phase Two development program for Riverside Park includes both final planning studies and actual construction activities. M/S Baldwin/Smith adopting Resolution 2003-38 supporting the grant application to the State Coastal Conservancy for Phase Two Development at Riverside Park; carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 8:47p.m. Recessed 8:56 p.m.: Reconvened Regular City Council Meeting May 7, 2OO3 Page 9 of 16 10. NEW BUSINESS 10b. Discussion of Pesticide Use in City Parks and Adoption of Revised Integrated Pest Management Policy- Councilmember Andersen (3a-0) Community Services Director DeKnoblough discussed the City's history of steadily reducing its use of herbicides and creating greater restrictions on application methods and locations. Throughout the divisions, with the exception of occasional need for ant or termite control, the City does not use pesticides, particularly in Category I, the high toxicity level. He reviewed his Staff Report in which he reported on past and present herbicide use in the City's parks, herbicide reduction efforts, providing notice to the public of herbicide applications, the use of Roundup, application procedures, staff training, and alternative means of weed and pest prevention and eradication, and continued reduction in use of chemical pesticides while providing for limited use with controls and oversight. He advised that staff has endeavored to meet the goals established by the Council's guidance in 1998 to pursue and implement a responsible vegetation management program. Staff further explained the type of fertilizer used at City parks and that the fertilizer is watered into the ground upon application. The use and toxicity of Roundup was discussed. M/S Smith/Baldwin adopting Integrated Pest Management Policies for the City of Ukiah. Councilmember Andersen expressed his concern with the use of Roundup. It was his opinion that there is significant debate within the environmental community about the use of Roundup. He will provide City staff with information about Roundup. He would like to see the City move away from the use of any chemicals in the City limits in City parks and move towards more organic compounds. Director DeKnoblough explained that staff will continue to look at more alternatives and ways to include them in the City's maintenance program and minimize the use of fertilizers. Councilmember Andersen expressed his appreciation for staff's report and the City's willingness to look at alternatives methods. Mayor Larson expressed his appreciation to staff for their efforts and their focus and concern for making improvements to the program. Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 10. 10c. (3a-256) NEW BUSINESS Selection of League of California Cities Voting Delegates Regular City Council Meeting May 7, 2003 Page 10 of 16 City Manager Horsley advised that in preparation for the upcoming League of California Cities General Session, the City Council is required to select two voting delegates. Councilmembers Rodin and Andersen advised that they plan to attend the meeting. Mayor Larson noted that he might attend, although he was unsure at this time. It was the consensus of Council, by an unanimous voice vote, that Councilmember Rodin be selected as the voting delegate and Councilmember Andersen as the alternate, and that if another Councilmember attends, they would be considered the second alternate delegate. 10. NEW BUSINESS 10d. Review and Possible Approval of Letter From City Council to Senator Dunn Regarding Senate Bill 888-Councilmember Smith (3a-339) Public Utilities Director Barnes explained that Councilmember Smith has requested that the Council consider sending a letter of support to Senator Dunn relative to his introduction of SB 888 that would repeal a majority of the provisions under AB 1890. AB 1890 brought electric deregulation to the state of California and opened up the electric utility territories to competition, direct access, forced a sale of the majority of the generation to outside entities that were no longer regulated by the CPUC, and forced market rates on California rather than cost base rates. A big part of this bill would reestablish a utilities' obligation to serve customers and eliminate the direct access from outside entities into a utility district to serve customers. Councilmember Smith advised that the Senate Energy Committee approved the SB 888 yesterday. Besides sending this letter to Senator Dunn, he requested that a copy be provided to Senator Chesbro. Karen Poplawski, 612 Walnut Ave., voiced her supported of sending the letter. Mayor Larson recommended that besides the Mayor, Councilmember Smith should also sign the letter because he represents the City Council regarding these types of matters. M/S Smith/Andersen approving draft letter to Senators Dunn and Chesbro regarding SB 888 and authorizing Mayor Larson and Councilmember Smith to sign the letter, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 10e. (f.) Approved Lease Renewal With CALSTAR For a Portion of the Ukiah Regional Airport Property (3a-448) Community Services Director DeKnoblough explained that the lease with CALSTAR began five years ago. Regular City Council Meeting May 7, 2OO3 Page 11 of 16 Discussion followed concerning noise issues and the flight patterns of aircraft over the City. Councilmember Andersen requested an agenda item for a future meeting regarding the Airport and flight patterns for all aircraft. He would like to know the flight patterns and what control we have, if any, over them. City Manager Horsley advised of an addition to the lease renewal with CALSTAR, under "Term" she recommended adding the language that, "The terms of this Lease is for a period of five (5) years, commencinq on the date set forth above; provided that the City may terminate this lease on sixty (60) days prior written notice to Lessee, if City offers Lessee an alternative site at the Airport which provides a safer location adequate for Lessee's operations. The alternative site must be offered on the same terms and conditions and for the remaining term as set forth in this Lease." She explained that staff is working with CALSTAR to possibly move their site because at its current location sometimes there is some debris that flies around while the helicopter rotors re rewing. M/S Smith/Rodin approving lease renewal with CALSTAR for a portion of the Ukiah Regional Airport property with an amendment to the lease as proposed by the City Manager, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 10f. (g.) Awarded Bid For a Rollinq Storage System For the Police Evidence Facility to System Concepts in the Amount of $42,737 (3b-12) Councilmember Andersen stated that he has concern with the range in bids and inquired if System Concepts was the only company that could provide a rolling storage system and if the other companies were given an opportunity to provide that. Police Captain Dewey explained that all six bids received were for a rolling storage system, however, System Concepts was the only company to provide a 32" depth unit that meets the Police Departments storage size boxes so that they won't crush. He noted that all vendors were invited to tour the site of the new addition and were provided specific specifications. Some of the lower cost units had poorer quality. M/S Andersen/Baldwin to award bid for a rolling storage system for Police evidence facility to System Concepts in the amount of $42,737, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 10g. Direction to Inland Water and Power Commission Representative Regarding Sponsorship of Lake Mendocino Dam Raising Project 3b-80 City Manager Horsley explained that this was an item that came before the Mendocino County Board of Supervisors (Board) on May 6th and action must be taken before the Inland Water and Power Commission (IWPC) meeting on May 8th. Jim Stretch, Mendocino County Interim Water Agency Manager, presented an agenda item to the Regular City Council Meeting May 7, 2003 Page 12 of 16 Board recommending that they send a letter to the Army Corps of Engineers (Corps) stating that the Mendocino County Water Agency (Agency) be lead agency on the Coyote Dam Raising Project. There was also a recommendation that a letter be sent to IWPC requesting that they withdraw their Letter of Intent. Mayor Larson has asked that Council discuss this matter and provide direction to Vice-Mayor Baldwin on what to say at the IWPC meeting. Mayor Larson explained that he and Councilmembers Andersen and Rodin attended the Board meeting yesterday. He thought that the expectation from the County is that they realize that if IWPC does not withdraw its request for sponsorship, there will be two letters in the hands of the Corps asking for the same status and the Corps has indicated that they don't want to chose between any agencies or public entities regarding this, and that there is a chance that they would simply withdraw the project if there were two competing agencies that could not come to some agreement. He proposed to the Board that they consider the possibility of allowing IWPC to proceed with the assumption that there be some determination as to whether that sponsorship could be transferred to the Agency if it became evident and logical to everyone involved that the Agency is the right local sponsor. Discussion followed relative to the County Water Agency's history and the need for all of the stakeholders to work together toward a resolution of the issues that are created between various agencies. Judy Hatch, President of the Russian River Flood Control and Water Conservation Improvement District (District), explained that they have the 8,000 acre-feet of water behind Lake Mendocino already. They have a contract with the Corps and recently filed on all of the water that's left behind the dam, including the raising of the dam with the State Water Resources Control Board. That comes to 274,580 acre-feet of all the water available and there are 174,000 acre-feet that are for off site storage. When they filed for this water, they had the intent to file for all the five members in the District. Discussion followed relative to the cost of a feasibility study that is needed for the project and how the cost would be divided among the stakeholders. Councilmember Andersen thought that the County should be the lead agency on this project for a variety of reasons, not the least of which is that the County has funding and reserves, money that agencies like the Corps of Engineers look for. It was his observation that there is some serious movement on the part of the Water Agency and they want to be player. He stated that it is high time that the Water Agency picks up the slack because currently he doesn't see IWPC being a credible agency for a project of this magnitude. He supports what the Board did and would direct Councilmember Baldwin to go to the IWPC meeting voting to have the IWPC withdraw their Notice of Intent. Councilmember Baldwin inquired of Councilmember Andersen about how the County Employee's Union felt about this expansion when some people will be laid off due to the budget crunch. Regular City Council Meeting May 7, 2OO3 Page 13 of 16 Councilmember Andersen stated that there will be lay off's in some departments but mostly will be furloughs. He went on to discuss the staffing provided by the County Water Agency, which he felt is more than what IWPC can provide. Mayor Larson noted that the members of the IWPC have several highly qualified water engineers and others have professional staff that run water districts and know water. He considers that staff resource. He didn't know that IWPC has any significant finances at all but it has the ability to bond just like the County and would probably have a better bond rating because it would be a secured bond against property taxes if it were approved. The question that he didn't get answered is "What's the big fear of IWPC doing this?" It's an agency that took the opportunity to step up to the plate in time and was the first one there when no one else offered. He thought that the County is going to need the cooperation of the users and the purveyors of that water for the project to have it make sense. Councilmember Rodin advised that she attended the recent Board of Supervisors meeting and referred to the segment of the memo from Jim Anderson to the Board of Supervisors in which he says "moving forward in an aggressive manner may result in a splintering of stake holders." She is concerned with his statement of "A perception by the Army Corps of Engineers and Congressional representatives that we don't have sufficient unanimity of purpose to be entrusted with local control of the project." She felt that there is no unanimity of purpose with the stakeholders because the letter to the Corps doesn't say "we know that IWPC already submitted a letter, but we've discussed this with them and we've decided that we should take the lead." Councilmember Smith agreed with Councilmember Rodin's concern that there is some politics going on and thought that Jim Anderson's advise should have been paid attention to and it seems like the Board didn't. Councilmember Andersen stated that that's a very valid point and that we should all be very concerned that Michael Delbar, as the County's representative on the Inland Water and Power Commission did not report that information to the Board of Supervisors. He thought that the whole reason this Commission was formed in the first place was to deal with the Eel River diversion in Potter Valley and the agriculture interests. Councilmember Smith stated that he believes that the County should have taken a different approach after they became aware yesterday that they hadn't been informed of the Letter of Intent. They should have acknowledged the need to get active in resolving that situation and do it as a member of the Commission rather than issuing the letter that they did two months ago in which they said they were going to withdraw in six months. City Attorney Rapport suggested that the IWPC could write a letter saying that they've received this letter from the Board of Supervisors and want to have a coordinated approach to deal with this issue. Regular City Council Meeting May 7, 2003 Page 14 of 16 Councilmember Baldwin thought it should be tied together with their 4 to 1 vote from two months ago that basically said that the Agency was pulling out of IWPC unless IWPC does exactly what they want on the issue of first right of refusal. It fits in with the probable interest and the attempt to abolish the Russian River Flood and sell that water. He felt that the process has been tactless and arrogant on the County's part and didn't understand how this serves the interest of the people of Ukiah. He felt that it's a move for water before land use planning. The County is in the middle of revising its General Plan and it's a desire to get access to get new water while planning is not resolved. Councilmember Rodin recommended that a letter also be sent to the Army Corps of Engineers acknowledging that there are dual interests and more work needs to be done together to resolve it. Discussion followed with regard to the deadline for signing the agreement. September is the budget deadline for the federal money but a local agency has to commit to the local share by July. If they don't get local support, they are just going to drop the reconnaissance. It was noted that the first year of the feasibility study is already paid for but there are other issues involved. Councilmember Andersen noted that he did not necessarily agree with the direction of the Council. 11. COUNCIL REPORTS 4a- Councilmember Rodin reported that she attended the League of California Cities Institute for new Councilmembers and Mayors and was expecting something really technical. Instead they provided information about relationships, such as how to get along with your City Manager and how to be an effective Council. She discussed how communication is both verbal and nonverbal. At this Council meeting she noticed a lot of posturing by fellow Councilmembers. If the Council meetings become televised, Council may want to think about how they speak to each other and what it looks like to the audience. They advocate that the Council have a strategic plan-unity of purpose. Effective Council's are focused on tasks and consistent. They communicate a common vision, operate with integrity and trust, treat everyone with dignity and respect, governed within City policies, standards, and ethics, take collective responsibility for Council's performance, ensure multiple voices of the community and formed Council deliberations. She noted that they stressed that one's success as a Councilmember is inextricably tied to the success of the City Council. She thought that it was an interesting message and relevant to this City Council. Councilmember Smith reported that the Main Street Program is having a downtown cleanup on May 20th beginning at 5:00 p.m. and they will be distributing flyers to businesses in the community to get sponsors for the flower triangles. They are asking for sponsorship of planters and discussed the costs. He missed their last meeting due to his vacation following a few days in Washington, D.C. representing the City and NCPA. He thought NCPA did some good in terms of federal legislation relative to energy issues, etc. He also thought that the City's visit relative to the wastewater treatment plant went well. He distributed a copy of a letter that he received from Regular City Council Meeting May 7, 2OO3 Page 15 of 16 Senator Diane Feinstein and read it into the record. Senator Feinstein stated in her letter that they would do their best on the wastewater treatment plant for Ukiah. He noted that he will not be able to attend the next City Council meeting because he will be attending a NCPA legislative regulatory committee meeting to evaluate the Washington, D.C. trip. Because of the City's involvement with NCPA, we are also involved with the Transmission Agency of Northern California (TANC) and they are having a celebration of a decade of service with the California-Oregon transmission project. There will be a tour of the Tracy substation and of Lodi. He attended the ribbon cutting ceremony this morning along with Councilmember Rodin and Mayor Larson at the Food Maxx store. Mayor Larson reported that he had a video taped interview with two eighth grade girls on his knowledge of Jupiter. He was impressed with their school project. He attended Assemblywoman Patty Berg's reception. His was sworn in at his first LAFCO meeting. The MCOG meeting was uneventful. He was a guest at the American Legion for a potluck dinner the other night. He attended the Board of Supervisors meeting yesterday and the grand opening ceremony of Food Max this morning. 12. CITY MANGER/CITY CLERK REPORTS City Manager Horsley advised that she previously discussed with Council the idea of having a walking/running path from Orchard Avenue to Riverside Park and going through the trailer court and over to the school grounds and Oak Manor Park. The City is applying for a Safe Routes to School grant and they think they have a good chance of getting up to $500,000 in grant funds. 13. CLOSED SESSION None. 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 11:04 p.m. ,/ Marie Ulvila, City Clerk Regular City Council Meeting May 7, 2003 Page 16 of 16