HomeMy WebLinkAboutMin 05-21-03 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 21, 2003 The Ukiah City Council met at a Regular Meeting on May 21,2003, the notice for which had been legally noticed and posted, at 4:00 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Rodin, Andersen, Baldwin, and Mayor Larson. Councilmember absent: Smith. Staff present: Community Services Director DeKnoblough, Finance Director Elton, Risk Manager/Budget Officer Harris, City Manager Horsley, Accounting Manager McCann, City Attorney Rapport, Community Services Supervisor Sangiacomo, Director of Public Works Steele, Planning Director Stump, Police Chief Williams, and City Clerk Ulvila. INTERVIEWS WITH APPLICANTS FOR APPOINTMENT TO PATHS, OPEN SPACE, AND CREEKS COMMISSION The City Council conducted interviews of the following applicants for appointment to the newly created Paths, Open Space, and Creeks Commission: Robert Clark, James Connerton, Howie Hawkes, Dan Holbrook, Fred Koeppel, Mary Misseldine, Suzanne Pletcher, William Randolph, William Smith, David Taxis, and Igor Zbitnoff. 6:26 p.m.- Recessed 6:40 p.m.- Reconvened 2. PLEDGE OF ALLEGIANCE Community Services Supervisor Sangiacomo led the Pledge of Allegiance. URGENCY ITEM: Mayor Larson announced that there is an urgency item and 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. City Manager Horsley advised the staff has been working on a railroad depot project located on East Perkins Street and were informed after the agenda was completed that, due to timelines, it is urgent that the City Council take action at this meeting. The urgency item concerns Authorization for City Manager to Execute an Amendment to the Contract with CIRCA: Historic Property Development, for Additional Work on the NCRA Depot Rehabilitation Project in an Amount Not to Exceed $7,000. M/S Andersen/Baldwin to add the Urgency Item to the Agenda as item "10g", carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith. 3. PRESENTATION 3a. Presentation By American Red Cross 1A-27 Marcia Sanderson, Mendocino County Disaster Services Chair of the American Red Cross of Mendocino County, voiced her appreciation to the City Council for supporting their efforts in serving the community. She made a presentation of appreciation to the Regular City Council Meeting May 21,2003 Page 1 of 16 City for providing the Todd Grove Room in January 2003 for training disaster health services personnel. Mayor Larson accepted the document on behalf of the City and thanked the Red Cross for their efforts in all the things that they do. 3. PRESENTATION 3b. Presentation By Boys and Girls Club President 1A-48 Mike McCann, President of the Boys and Girls Club in Ukiah, provided a status report on the Club, their history, and what they have been doing in the community for the past four years. He discussed working in coordination with the Ukiah School District on a Summer Program that will serve children kindergarten through sixth grade this summer. 4. INTRODUCTION 4a. Introduction of New Employee -Maya Azzaro - Event Coordinator 1A-140 Community Development Director DeKnoblough introduced Maya Azzaro as the new Community Services Event Coordinator. While she will be serving the community primarily at the Ukiah Valley Conference Center, her wide variety of skills will provide many opportunities to be an integral part of all of the City's community events. Ms. Maya Azzaro voiced her appreciation for being hired by the City. 4. INTRODUCTION 4b. Introduction of New Employee - Bill Ballagh, Code Compliance Coordinator 1A-156 Planning Director Stump introduced Bill Ballagh as the City's part-time Code Compliance Coordinator. He has been an employee of the City's for the past three months, working with the Planning, Public Works, and Fire Departments. Bill Ballagh expressed his appreciation for being hired by the City. City Manager Horsley advised that she has received several compliments about Mr. Ballagh in the short time that he has been with the City about how pleasant he is to work with. 5. APPROVAL OF MINUTES 5a. Regular Meeting of May 7, 2003 1A-188 City Clerk Ulvila requested that the draft minutes for the May 7, 2003 regular meeting be continued to the next City Council meeting of June 4th. It was the consensus of the Council to continue the minutes to the next meeting. 6. RIGHT TO APPEAL Mayor Larson read the appeal process. Regular City Council Meeting May 21,2003 Page 2 of 16 7. CONSENT CALENDAR 1A-198 Councilmember Baldwin expressed concern with item #7c and noted that the Agenda Summary Report mentions a number of projects and it seemed vague to him, considering the potential for a $50,000 contract. He recalled that the City had already contracted with Mr. Kennedy and set money aside specifically for him to work on the Orchard Avenue bridge separate from this project. City Engineer Steele explained that Mr. Kennedy was acting as a temporary employee which can only be done for a certain amount of time and that's why the City is proposing a consultant agreement. She explained that the goal is get the projects out as they are funded so that we don't risk losing money on projects that don't get finished within timelines. Councilmember Andersen inquired about item 7b regarding the $200,000 line of credit that the City would give to Mendocino Emergency Services Authority (MESA). He inquired if other jurisdictions in the County are doing that as well. City Manager Horsley explained that the City of Ukiah is the fiscal agent for MESA and pays all their bills and handles the revenue and grants. The City offered to provide financing because it is already handling all of the checks and the money. The City will receive a service charge, a percentage interest, and an additional amount depending on whether or not we get the money back in a month. The City feels it is being sufficiently covered for its time and efforts for this line of credit. M/S Baldwin/Rodin approving items "a" through "e" of the Consent Calendar as follows: a. Approved Disbursements for Month of April 2003; b. Adopted Resolution 2003-39 Approving Line of Credit For Mendocino Emergency Services Authority; c. Authorized City Manager to Execute a Professional Services Agreement Between the City of Ukiah and Consultant Rick H. Kennedy in an Amount "Not to Exceed" $50,000 Without Approval of City Manager; d. Approved Agreement To Stay Filing of Litigation With River Watch; e. Received Report to The City Council Regarding Acquisition of Services From City of Light Sound and Recording For Sound Management of the 2003 Sundays in the Park Concern Series in the Amount of $6,000. Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson. NOES' None. ABSTAIN: None. ABSENT: Councilmember Smith. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEM~ 1A-288 No one came forward to address Council. 1 UNFINISHED BUSINESS Discussion and Appointment of Committee Members to the Council's_ Bilingual Committee Regular City Council Meeting May 21,2003 Page 3 of 16 1A-297 City Manager Horsley advised that at the April 16, 2003 City Council meeting, there was discussion of improving bilingual services, particularly between the Police Department and the Latino community. City staff had already begun discussions and implemented several improvements in other departments of the City, however, the City Council asked that a committee be formed and that names be brought back to the City Council for discussion and decision. There would also be a meeting with community members, staff, and Council regarding the relationship and service with the City and the Latino community, with a focus on the Police Department. The Police Department and City Manager's office contacted several community members and tried to reach out to a wide variety of agencies and groups in the Ukiah area. Staff has contacted these individuals and a list of names was provided in the Staff Report with Marlene Ruiz added as a representative of the Alliance for Human Rights. She also discussed City employees that would serve on the committee. All of the individuals have stated that they are interested in serving on this committee. Councilmember Andersen inquired as to how some of the people were selected to be on the list of committee members. Police Chief Williams explained that they are individuals in the local community and the City of Ukiah that are involved in various community activities, businesses and would provide positive input to the community. Ms. Araiza explained that she has had good working relationships with all of the people listed and it would be a good working committee with the City. M/S Baldwin/Larson directing staff to form a bilingual committee with the list provided in the Staff Report, adding Marlene Ruiz to the committee membership, and appoint Councilmembers Andersen and Rodin to the committee. Discussion continued with regard to the purpose, composition, and naming the committee, however, no official name was adopted. Besides bilingual services, other issues that the Police Department would like the committee to consider include community outreach, recruitment, outreach to the youth, gangs, business issues and other issues. City Attorney Rapport discussed the Brown Act regulations as it would pertain to the committee and read a section of the Brown Act that says that "A commission, committee, board or other body of a local agency, whether permanent or temporary, decision making or advisory, created by charter, ordinance, resolution or formal action of a legislative body." If the committee is any of those things, the committee is subject to the Brown Act. M/S Baldwin/Larson restating the motion that the City Council direct staff to form a lingual committee with the list included in the Staff Report, adding Marlene Ruiz to the list, and appointing Councilmembers Andersen and Rodin to the committee, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith. Regular City Council Meeting May 21,2003 Page 4 of 16 Sm UNFINISHED BUSINESS Discussion of the Issues and Questions To Be Included in the Community Survey 1 B-24 City Manager Horsley advised that in March 2003, upon approval by the City Council, the City signed a contract with Data Trends Survey Research to develop a survey instrument to sample public opinion among Ukiah residents and businesses on issues of concern to the City. Gig Hitao, Director of Data Trends, distributed an outline of topics and requested Council's input regarding potential questions for the survey. Discussion followed among Council, staff and Mr. Hitao regarding how the survey would be completed, who should be targeted, and the topics of concern to the Council. He discussed the methodology of the survey, however, he noted that he would prefer to address the topics of concern at this time. Topics suggested for citizen input were: Councilmember Andersen: Traffic within the City during peak hours. Councilmember Rodin: Do some people feel that there are problems and if they would be willing to pay taxes in order to address some of the problems? Would the citizens be willing to pay more money to solve the problems? Mayor Larson: Ask specific questions that deal with attitudes towards traffic congestion and alternatives? Would City residents support a sales tax increase dedicated to street maintenance? Councilmember Rodin: How people would rank their willingness to pay taxes for parks but not for roads? What are people willing to pay taxes for? Councilmember Andersen: What does the public think about the effectiveness of the City, overall, broken down by department. He recommended changing the "City Manager's office" to "City Administration" on the survey, changing "Utilities" to "Electric Utilities", and removing "Redevelopment" and make it "Economic Development". The "Main Street Program" is not a City service and should be included under "non- government City issues". What do people feel about the big issues that are ongoing, such as traffic, crime, parks, and the electric utility service? Have you been a victim of a crime? Was the Police Department responsive? Have you been to the park lately? How often to you use the parks? Do you attend Sundays in the Park? Do they attend programs that the Community Services Department provides? Have they taken a class with the Community Services program? He would also like to see some sort of evaluation of the City Council, such as what kind of job is the City Council doing and what they can do better? Mayor Larson: Questions focused around how the citizens would like the Council to not spend the money that we are not going to be getting from various revenue sources this year. Regular City Council Meeting May 21,2003 Page 5 of 16 Councilmember Baldwin: Suggested that the survey stay away from anything that we automatically can assume from a rhetorical question. Rather than talk about budget cuts, since we do pass resolutions in support of State legislation, there is the concept of piggy backing of local income tax that is being discussed now. Maybe there should be a section that is positive and more progressive rather than to meekly give in and suggest where we are going to cut, lets suggest, "sales tax" and then as an option have a "real estate transfer tax" or "fee". Would taxpayers support a small 3% piggy back on the State income tax? Could we list three or four optional means of raising revenue while we can also point out that if we don't raise revenue, we will have to cut programs? Mr. Hitao explained that the questions are designed to be neutral and discussed prompting questions as well as asking opened ended questions. City Manager Horsley noted the need to find out what people think is important for Ukiah and what they feel is so special about Ukiah. Councilmember Andersen: Suggested that we utilize the vision statement from the General Plan in the community survey and gage levels of acceptance, or positive or negative feelings towards general statements in the General Plan. Reduce some of the statements into something that represents what the vision statement really is and find out how people rank its importance or do they agree with it. Issues concerning businesses should be included in the survey. Mr. Hitao, what about crime prevention, schools, bicycles, markets, Chamber, home ownership, apartments, visitors, tourism? Ask questions concerning business issues related to City government services, business in general, and recruitment of new businesses. Councilmember Andersen: We hear a lot that the City is not friendly to businesses, and if that's the case, why? What is the perspective of business owners in the City? Councilmember Baldwin discussed his concern with ranking the questions and felt that the swimming pool should not be listed separately from the Parks and Recreation items. Councilmember Andersen: With regard to housing, he encouraged that the survey be broken down among renters and homeowners, income categories, and where people live in town (demographics). Mayor Larson: Rather than asking the question of "Do you think we need more affordable housing?" he preferred more specific questions that ask "Would you live in an apartment complex if it was really neat looking, had a pool, a garden court, or something that had some appeal that compensated for the negative qualities of being an apartment dweller? Would creating condominiums out of rental units make it more appealing to people who are looking to build some equity and own their home? He recommended questions concerning Police Officers and focusing on what we would like them to do, such as busting speeders, drug dealers, and having an officer on duty at the high school, etc. Would citizens like the City to put money into maintenance, major Regular City Council Meeting May 21,2003 Page 6 of 16 improvements, or increased maintenance? Would you support a valley wide parks and recreation district (a tax supported district)? Councilmember Andersen: Recommended asking questions concerning bike lanes and sidewalks. Mayor Larson: Should the City proceed to improve pedestrian sidewalks in both commercial and residential areas? Should the City be creating jobs? Do people understand that there is a direct correlation between water processing and wastewater treatment that the City is obligated to provide? Do citizens understand that there may be a necessity in the future for taxpayers to pay for future water, and wastewater treatment, and other basic services at an increase in fees? Councilmember Andersen: Recommended a question be asked of the citizens regarding their level of satisfaction with the City utilities, such as power outages, upgrading the utilities, water issues could also be included. City Manager Horsley: In terms of a fee increase for utilities, would the public be willing to pay more to underground utilities? Councilmember Baldwin: To what extent are the City's constituents supportive of fee increases to create a significant new water source for the Ukiah valley? How are we going to pay for the $40 million wastewater treatment plant expansion? He advised that he would support Mayor Larson working with the City Manager to finalize a list of priority questions. Mayor Larson preferred to obtain more staff input and compile a list, then prioritize the list. He would then submit the list to the Council for review and comment. It would then be submitted. . UNFINISHED BUSINESS Selection of Potential Ballot Measures and Election Date Preference 2A-28 City Manager Horsley advised that at the April 2, 2003 Council meeting, the City Council received information from the City Attorney regarding wording for a potential ballot measure, which requests the citizens to determine whether the Mayor's position should be appointed or elected. She expressed the need for Council to discuss what it wants to have on the ballot. There is a deadline for the November 2003 election to provide a Resolution to the Board of Supervisors by July 8th requesting a consolidated election. If approved by Council, staff would begin working on the Resolution and associated documents. Discussion followed concerning the pros and cons of placing a ballot measure on the November 2003 or the March 2004 elections. It was felt by some Councilmembers that there would be more voters at the polls in March since it would be a presidential primary. Regular City Council Meeting May 21,2003 Page 7 of 16 City Clerk Ulvila advised that the City's share of costs would be greater in March because Special Districts, School Districts, and County elections would take place in November. Discussion continued with regard to instant run off voting and it was noted that there isn't any way for the City to do that at the current time. Implementation of a new voting system for the County was discussed and it was noted that there would be additional election costs once it is put into service. Councilmember Andersen proposed an alternative ballot measure giving the voters the option to increase the term of Mayor from two years to four years. He felt that it would be better than eliminating the office of elected Mayor altogether and making it appointed from the Council. City Attorney Rapport explained that the last time this issue was on the ballot they provided several options and it was one of the criticisms the City received from people. They wanted it to be more focused and present a single choice to the voters rather than giving them multiple choices, which tends to confuse the outcome. Councilmember Baldwin was supportive of two competing measures on the ballot in order to give the people more choice. Mayor Larson discussed the personal commitment of someone serving as Mayor for two years compared to a four-year term. He would be supportive of including it on the ballot if they could assure him that it's not going to conflict and take away from the main question on the ballot. He supported putting the issue on the ballot as to whether the Mayor should be elected separately. Councilmember Rodin was of the opinion that people are tired of the vacancy and appointment issue and it seems like they want it changed. She preferred to move forward with the wording that Council previously chose for the measure and place it before the voters. It was the consensus of the Council to look at March 2004 as the target election date to present the measure to the voters. 10. NEW BUSINESS 10a. Adoption of Resolution Making Appointments to the Paths, Open Space, and Creeks Commission 2A-189 City Clerk Ulvila advised that eleven applicants were interviewed by the City Council earlier in the evening for the five vacant seats on the newly created Paths, Open Space, and Creeks Commission. Three seats must be City of Ukiah residents and two members may live within the Sphere of Influence. Discussion followed with regard to the nomination process. The matter of Robert Clark's residency was discussed and it was the consensus of Council to allow Mr. Regular City Council Meeting May 21,2003 Page 8 of 16 Clark to apply for upcoming appointments to other commissions once he has established his legal residency. M/S Baldwin/Rodin nominating Howie Hawkes to the Paths, Open Space, and Creeks Commission, to a three-year term expiring June 30, 2006; carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith. M/S Larson/Baldwin nominating William Smith to the Paths, Open Space, and Creeks Commission, to a three-year year term expiring June 30, 2006; failed by the following roll call vote: AYES: Councilmember Baldwin and Mayor Larson. NOES: Councilmembers Rodin and Andersen. ABSTAIN: None. ABSENT: Councilmember Smith. Mayor Larson passed on making another nomination. M/S Andersen/Baldwin nominating William Randolph to the Paths, Open Space, and Creeks Commission, to a three-year term, expiring June 30, 2006; carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith. M/S Rodin/Andersen nominating Suzanne Pletcher to the Paths, Open Space, and Creeks Commission, to a two-year term, expiring June 30, 2005/ Mayor Larson noted that Ms. Pletcher lives outside the Sphere of Influence and would not be eligible for that seat. Discussion followed with regard to the exact location of Ms. Pletcher's residence and Planning Director Stump explained the location of the City's Sphere of Influence. Council directed Director Stump to consult the Sphere of Influence map to determine the location of the residence. Recessed: 8:47 p.m. Reconvened: 8:55 p.m. Mayor Larson advised that Planning Director Stump has determined that Ms. Pletcher does not reside within the Sphere of Influence. M/S Rodin/Andersen withdrawing the motion. M/S Rodin/Baldwin nominating Fred Koeppel to the Paths, Open Space, and Creeks Commission, to a three-year term, expiring June 30, 2006 as a resident that may reside outside the City but within the City's Sphere of Influence. Mayor Larson noted that Mr. Koeppel's application was received two hours after the deadline. Regular City Council Meeting May 21,2003 Page 9 of 16 Councilmember Baldwin was of the opinion that the appointment would create a liaison with the Parks, Recreation, and Golf Commission and he is also a member of the local business community. Councilmember Andersen agreed with Councilmember Baldwin's comments and noted that Mr. Koeppel is a younger person in the community. Motion carried by the following roll Andersen, Baldwin, and Mayor Larson. Councilmember Smith. call vote: AYES: Councilmembers Rodin, NOES: None. ABSTAIN: None. ABSENT: M/S Baldwin/Andersen nominating James Connerton to the Paths, Open Space, and Creeks Commission, to a two-year term, expiring June 30, 2005; carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith. M/S Larson/Baldwin nominating William Smith to the Paths, Open Space, and Creeks Commission, to a two-year term, expiring June 30, 2005. Discussion followed with regard to Mr. Smith's experience. It was noted that Mr. Smith is a long term resident however; he mentioned during his interview that he travels a lot and some members of the Council felt he would be unable to make the commitment to the Commission. Councilmember Rodin noted for the record that she wants someone to represent the interests of the landowners in the western hills but didn't feel that Mr. Smith brings the strength that the City needs to have on the Commission in terms of skills. She inquired if Council would consider not filling all of the seats at this time. Discussion followed with regard to opening the nomination to other candidates, keeping the four seats already appointed to the Commission, and the option of interviewing other candidates. Motion failed by the following roll call vote: AYES: Mayor Larson. NOES: Councilmembers Rodin, Andersen, and Baldwin. ABSTAIN: None. ABSENT: Councilmember Smith. M/S Larson nominating Julie Barrington to the Paths, Open Space, and Creeks Commission failed due to a lack of second. Mayor Larson passed on making another nomination. M/S Andersen/Baldwin nominating Dan Holbrook to the Paths, Open Space, and Creeks Commission, as a resident who may reside outside the City, and for a two-year term expiring June 30, 2005. Councilmember Rodin explained that the City would not have any willing property sellers if there may be a perception that the interests of the property owners are not Regular City Council Meeting May 21,2003 Page 10 of 16 being heard. She is hesitant to fill the fifth position and close the door on it. That is why she would like Council to consider opening the nominations again and adding two more members to the Commission. Rex Eiffert, Ukiah, spoke to the issue of private property rights and that those living on the western hills do not want people coming through their property. James Connerton, 906 North Oak Street, discussed why he applied for appointment to the Commission and noted that he is not educated concerning issues related to the western hills. He felt it important to preserve and maintain the properties that the City already owns, preserving the flow of the creeks through the City, and cleaning things up. Mayor Larson explained that there is a significant segment of the community that is going to consider the Commission as friends of Councilmembers Baldwin and Andersen. It was his opinion that the whole of the Community is not being considered. Councilmember Andersen expressed his curiosity as to if there is such an outpouring of concern for property rights in the community why those people did not apply for a position on the Commission. He felt that everyone on the list has private property rights concerns. Ross Mayfield recommended that if the public doesn't like the outcome of the Commission they can still voice concerns to the City Council. Motion carried by the following roll Andersen, Baldwin, and Mayor Larson. Councilmember Smith. call vote: AYES: Councilmembers Rodin, NOES: None. ABSTAIN: None. ABSENT: M/S Baldwin/Andersen adopting Resolution 2003-45 making appointments to the Paths, Open Space, and Creeks Commission; carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, and Baldwin. NOES: Mayor Larson. ABSTAIN: None. ABSENT: Councilmember Smith. 10. NEW BUSINESS 10b. Status Report Concerninq Code Compliance Program 2B-915 Planning Director Stump discussed the status report concerning the code compliance efforts being undertaken by the Department of Planning and Community Development. Staff is developing a programmatic approach to code compliance and will be returning to the Council to discuss priorities, procedures, and overall philosophy. In the meantime, staff has been responding to complaints and initiating code compliance on their own from flagrant violations and/or unsafe conditions. Code Compliance Coordinator Ballagh discussed sending letters to those individuals that are in violation and has received about 50% compliance. He discussed the establishment of a database for tracking violations. He will be developing a brochure Regular City Council Meeting May 21,2003 Page 11 of 16 related to banners and the City's sign program and distributing it to companies in Ukiah that make banners so that they and their customers will be aware of the regulations, Discussion continued with regard to portable car awnings that are placed in residential driveways, trash cans that are left in the street all week, the City's banners over State Street, sandwich board signs and concern with blocking sidewalks as well as their design and size, banners on churches, overflowing dumpsters, poorly maintained rental units, and current City regulations. 10. NEW BUSINESS 10c. Discussion and Approval of Commitment to Funding For First Year of Coyote Dam Raising Project Feasibility Study 2B-112 City Manager Horsley advised that at the May 8, 2003 Inland Water and Power Commission (IWPC) meeting, the IWPC requested that each of the five members return to their agencies to request a commitment of funding, on an equal basis, for the first year of the feasibility study to raise Coyote Dam. Depending on the number of agencies involved, the estimated range of necessary funding through fiscal year 2003-03 equates to $16,000-$20,000 per agency. Potter Valley, the Russian River Flood Control District, and Redwood Valley boards have already committed to this funding. IWPC is making the request in order to show commitment from the community to the Army Corps of Engineers for the project and the feasibility study. Councilmember Baldwin reported on the Board of Supervisors' meeting on Tuesday. The Army Corps of Engineers will have a letter on file from IWPC, Mendocino County Water Agency, and the Russian River Flood Control District all seeking to be the lead agency. He felt the meeting was relative positive and that this recommended action would be a positive step. Mayor Larson concurred with Councilmember Baldwin's observations. He reported that he has been attending a number of meetings lately with all of these agencies and that a significant amount of progress has been made. He expressed his concern with how much time it is going to take to achieve the kind of security that individual agencies and collections of agencies would feel comfortable with before they relinquish any hold they may have at the current time. He felt that all of the districts are taking this very seriously and thinking in terms of each other's concerns, needs, and rights. Tape 3A-10 Councilmember Rodin expressed her lack of understanding as to why there's so much interest in being the lead agency for the feasibility study and what's the advantage for any particular agency. Councilmember Baldwin explained that there is a perception that the lead agency would end up with the water rights. Richard Shoemaker, Chairman of the Mendocino County Board of Supervisors and 2nd District, spoke on behalf of the Mendocino County Water Agency and its interest in raising the dam and being designated lead agency by the Army Corp of Engineers. Regular City Council Meeting May 21,2003 Page 12 of 16 Considerable discussion followed between the City Council, Staff, and Supervisor Shoemaker regarding the project issues, such as designation of a lead agency, the feasibility study, and water rights issues. The matter of how the raising of the dam would affect other cities and towns within Mendocino County was discussed. Mayor Larson expressed the need that the City of Ukiah receive assurance that it is not going to be charged huge amounts of money for the water that they are helping to create in order to finance other projects unless there is some reciprocal benefit to Ukiah. Supervisor Shoemaker suggested that the agencies bring their concerns and issues before the Board's attention. Ross Mayfield, Ukiah, supported the County Water Agency being the lead agency on this project. Rosalind Peterson, P.O. Box 499, Redwood Valley, expressed her support of IWPC being the lead agency because all of the agencies involved with IWPC have a vote. Councilmember Baldwin was supportive of staff's recommendation. He voiced his concern that planners have been excluded from attending the Board of Supervisors' meetings regarding this project. He also expressed his concern that the County seems to be conducting a frantic search for water before there is an adopted General Plan. It was his opinion that the City of Ukiah needs more assurances by the County and that the City should support IWPC in order to obtain a legally binding commitment. Councilmember Andersen felt that the Council has a very narrow perspective and all we care about is protecting the City of Ukiah's water rights. He felt that we have to look at it from a much larger perspective and guarantee our rights and concerns are met. He voiced his support of the County Water Agency being the lead agency on the project. Supervisor Shoemaker advised that the County of Mendocino Board of Supervisors has offered for him and Supervisor Campbell to meet regarding the issues of concern if Mendocino County is the local sponsor, to create an advisory group that would include, at a minimum, the IWPC and other water purveyors in the valley. Discussion continued with regard to the matter of creating mutual trust between the City of Ukiah and the Mendocino County Board of Supervisors. Motion Andersen that the City Council take Supervisor Shoemaker's suggestion and not make the commitment to funding specifically to IWPC but have language that the funding should be for IWPC or any other agency that is designated lead agency status for the Coyote Dam feasibility study. Motion failed for lack of a second, M/S Baldwin/Larson approving commitment for funding to the Inland Water and Power Commission share as lead agency with the Army Corps of Engineers from $20,000 - $25,000 for the City's portion of this fiscal year's feasibility study funding. Regular City Council Meeting May 21,2003 Page 13 of 16 Mayor Larson recommended an amendment that should there be a change in lead agency representation that's acceptable to the City; the City of Ukiah would still consider financial support for the project. M/S Baldwin/Larson approving amendment to the motion. Motion restated for clarification: M/S Baldwin/Larson approving commitment for funding to the Inland Water and Power Commission as the lead agency and making the financial commitment of $20,000-$25,000 for the initial funding commitments as required by the Army Corps of Engineers as the City's share for first year of Coyote Dam raising project feasibility study, and should there be a change in sponsorship that is acceptable to the City, the City would still be open and willing to consider continued financial support for the project. City Attorney Rapport interpreted the Staff Report to read that the contribution could be from $16,000 to $25,000 depending on whether there are four or five participants. He recommended that the motion be changed to read "up to $25,000." M/S Baldwin/Larson amending the motion to state "up to $25,000". Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Baldwin, and Mayor Larson. NOES' Councilmember Andersen. ABSTAIN: None. ABSENT: Councilmember Smith. 10. 10d. NEW BUSINESS Settinq Date and Time for Consideration of Fiscal Year 2003-2004 Bud_~e' Accon~plishments and Objective~ Risk Manager/Budget Officer Harris advised that a very relevant step in the budget process is the City Council's review of the individual departments past year's accomplishments and consideration of the upcoming year's objectives. He recommended that a possible date for review of these items be just prior to the June 4, 2003 Council meeting, beginning at 4:00 p.m. It was the Consensus of Council to meet on June 4, 2003 at 4:00 p.m. to present the 2003-2004 City of Ukiah Fiscal Year Budget Accomplishments and Objectives. 10. NEW BUSINESS 10e. Consideration and Ap;)roval of Letter to Assembly Member Laird Re_qardin£ Assembly Bill 1300 - Councilmember Rodin ~ City Manager Horsley explained that there was money under Proposition 50 allocated to certain projects throughout the state based on merit and cost-effectiveness. There is now discussion at the state level to use that money in other ways. Assemblyman Laird is proposing AB 1300 that would ensure the funds be allocated towards those projects. Councilmember Rodin asked that this be agendized and that Council send a letter of support for this bill. Councilmember Andersen advised that the City's Assesmblymember is currently a cosponsor of this legislation. Regular City Council Meeting May 21,2003 Page 14 of 16 M/S Andersen/Rodin approving letter to Assemblyman Laird regarding AB 1300. Councilmember Rodin requested that the letter also be sent to other legislators who might vote "no" on this matter, and to the author of the bill. City Manager Horsley noted that the letter should also be sent to Assemblymember Berg since she sits on this committee. Motion carried by the following roll Andersen, Baldwin, and Mayor Larson. Councilmember Smith. call vote: AYES: Councilmembers Rodin, NOES: None. ABSTAIN: None. ABSENT: 10. NEW BUSINESS 10f. Ad___~ption of Resolution Sup_p_~.~[~g Grant Application For the Oak Manor Park Multi-Purpose Trail Planning Director Stump advised that the City's grant writing consultants for implementing the Bicycle/Pedestrian Master Plan have identified a grant opportunity for the Oak Manor Park/School multi-purpose trail. The Safe Routes to School (SR2S) is a grant program established in 1999 through the passage of Assembly Bill 1475. He recommended Council adopt the draft Resolution supporting the grant application. M/S Rodin/Baldwin adopting Resolution 2003-41 Supporting the Safe Routes to School Grant Application for the Oak Manor Park/School Multi-Purpose Trail John McCowen, Ukiah, recommended that the proposed fence used to separate the school grounds from the pathway that leads to Oak Manor Park be a chain link fence because it is less susceptible to vandalism and graffiti. Motion carried by the following roll call vote: AYES' Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson. NOES' None. ABSTAIN' None. ABSENT: Councilmember Smith. 10g. Authorization for ~ Man_~ to Execute an Amendment to the Contract with CIRCA: Hi-~-oric Pro art D-~~dditional-~/~-~~ ~ ~ Rehabilitation Project in the Amount ~-~ ~-~-~-~ ~~-~~ Public Works Director/City Engineer Steele advised that staff feels it is important to move forward on the North Coast Railroad Authority (NCRA) Depot Rehabilitation Project and she has asked Council to consider this as an urgency item. She reported that the NCRA is authorized to receive $150,000 in TEA-21 federal funding to rehabilitate the historic depot building on Perkins Street. NCRA is also committed to providing additional matched funding in the amount of $18,000 to the City of Ukiah to support the engineering, construction, and administration tasks and also to serve as the fiscal agent. One requirement of the federal funding is that a Negative Archeological Survey Report (ASR) be prepared and submitted for review by the State Office of Historical Preservation (SHPO). An application was submitted but it was rejected as incomplete. The City's consultant from CIRCA: Historical Property Development, worked with SHPO to determine exactly what information is required for the review. Regular City Council Meeting May 21,2003 Page 15 of 16 The consultant feels confident that given the notice to proceed, the additional research and documentation can be completed within one month. M/S Andersen/Rodin authorizing City Manager to execute an amendment to the contract with CIRCA: Historic Property Development, to perform additional work on the NCRA Depot Rehabilitation Project in an amount not to exceed $7,000; carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith. 11. COUNCIL REPORTS Councilmember Andersen reported that he attended a League of California Cities meeting in Sacramento. He went on a "ride along" with Community Services Supervisory Sage Sangiacomo. Zackary Warmouth came up from the Bay Area regarding the skateboard park. He met with Justin Capri, Matt Wilson, and Zackary Warmouth and looked at the sites on Clay Street and on Low Gap Road. It was a very productive meeting. He appreciated Mr. Sangiacomo offering the tour. Mayor Larson reported that he also attended the League of California Cities meeting in Sacramento. 12. CITY MANGER/CITY CLERK REPORTS City Manager Horsley advised she has Water Bond Councilmembers. Coalition pins available to Recessed: 11:26 p.m. 13. CLOSED SESSION a. Government Code §54956.8 Conference with Real Property Negotiator Property: APN. 170-050-13 Owner: City of Ukiah Negotiator: Candace Horsley Under Negotiation: Price, Terms, and Conditions b. Government Code §54956.8 Conference with Real Property Negotiator Property: APN. 002-281-02, 03, and 04 Owner: Fullerton Negotiator: Candace Horsley Under Negotiation: Price and Terms of Payment Reconvened: 1:20 a.m., May 22, 2003. 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 1:20 a.m. on May 22, 2003. Marie Ulvila, City Clerk Regular City Council Meeting May 21,2003 Page 16 of 16