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HomeMy WebLinkAboutMin 06-04-03 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 4, 2003 The Ukiah City Council met at a Regular Meeting on June 4, 2003, the notice for which had been legally noticed and posted, at 4:02 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Rodin, Andersen, Smith, Baldwin, and Mayor Larson (arrived at 5:20 p.m.) Staff present: Public Utilities Director Barnes, Airport Manager Bua, Interim Fire Chief Cohn, Community Services Director DeKnoblough, Finance Director Elton, Civil Engineer Eriksen, Risk Manager/Budget Officer Harris, City Manager Horsley, Accounting Manager McCann, City Attorney Rapport, Community Services Supervisor Sangiacomo, Deputy Director of Public Works Seanor, Museum Director Smith-Ferri, Public Works Director/City Engineer Steele, Planning Director Stump, Police Chief Williams, and City Clerk Ulvila. 4:00 - 6:10 p.m.: Review of Fiscal year 2003-2004 Budget Accomplishments and Objectives for Various City Functions PLANNING Planning Director Stump highlighted some of the Planning and Building Division's accomplishments during the past fiscal year and objectives for the 2003-2004 fiscal year. One of the Planning Division's major objectives for next year is to pursue grant funding. An objective to implement a checklist and provide more information to builders and developers as to what is required in the Building Division was discussed. Councilmember Andersen inquired about the development of a housing strategy plan in which staff replied that it would be developed in the housing element. Discussion continued with regard to second unit housing, accountability of departments to meet their objectives each year, and how the City Manager oversees each department. PUBLIC WORKS-ENGINEERING Public Works Director/City Engineer Steele reviewed the Engineering Division's accomplishments during the past fiscal year and objectives for the 2003-2004 fiscal year. Councilmember Andersen discussed the possibility of City Staff working with the County with regard to the Pavement Management System (PMS). Director Steele advised that staff has worked with MCOG and that the PMS is not coordinated with the County since the City makes a list of street repairs only within the City limits. Upon questioning by Councilmember Andersen with regard to sidewalk repairs, she explained that a sidewalk inventory needs to be completed before staff can determine the amount of repairs needed. Upon an inquiry by Councilmember Baldwin, she explained the City's policy for sidewalks for second units. Regular City Council Meeting June 4, 2003 Page 1 of 17 STREET MAINTENANCE Public Works Director Steele discussed the watering schedule for trees planted along State Street last year. Also discussed was the RELEAF program, street sweeping program, and stamping the intersection of State and Perkins Streets. CORPORATION YARD Public Works Director Steele discussed the completion of soil and groundwater investigations, filing of a work plan with the Regional Water Quality Control Board for proposed mitigation efforts, and enlisting the services of a contractor to remove contaminated soil in the area of the old tanks. SOLID WASTE DISPOSAL Public Works Director Steele discussed the accomplishments under Solid Waste Disposal and noted that staff will continue to monitor the disposal site for necessary maintenance. Councilmember Rodin noted that no commercial recycling bins are at gas stations to dispose of used oil cans. Director Steele advised that staff works with Solid Waste Management and Mendocino Solid Waste Management Authority (MSWM^) regarding recycling efforts for residential users. City Manager Horsley explained that at a recent MSWMA meeting, representatives were asked to prepare a list of improvements to the program, and education and focus on commercial properties were listed as a high priority. FINANCE 1-B Finance Director Elton discussed the divisions of the Finance Department that include Purchasing, Information Technology, Billing, and Collection. Important objectives next year for the Finance Department will be the preparation of an initial plan for GASB 34 infrastructure assets implementation and continued development of new accounting software with minimal impact on operations. Councilmember Andersen expressed an interest in having the City Council agenda packets, or at least the Staff Reports, posted to the City's web site. He discussed the matter of the City working with the County with regard to computer problems and training programs, as it may be more cost effective in the long run. City Manager Horsley explained that staff met with Jay Johnson from the County about a month ago and they will provide the City with an hourly rate. City staff may be able to use more training and the use of the County's technicians to assist with problem solving issues at the City. PUBLIC SAFETY AND DISPATCH Police Chief Williams advised that during the past fiscal year, the Police Department has focused its efforts on enhancing its abilities to interest local individuals in the Law Regular City Council Meeting June 4, 2003 Page 2 of 17 Enforcement field as recruitment continues to be a critical issue for law enforcement Statewide. He discussed the cadet program and noted that Police Captain Walker is now teaching a class at Ukiah High School and six officers are teaching classes at Mendocino College. Recently three employees were certified as bilingual which brings the total to five bilingual employees within the Department. Councilmember Andersen discussed the objectives for the community response team and how it could be improved in conjunction with the traffic safety officer. Chief Williams responded that it depends on funding and when money is available, he would hire more officers for this type of program. He discussed working with POST to develop and promote local training to meet mandated training requirements, enhance officer skills, and develop POST approved officer instructors within its agency. They no longer receive reimbursement for this program, however, the liability requirements for training continue. Last year they began training officers in-house and worked with the Mendocino County Sheriff's Department and other agencies. Councilmember Rodin suggested an additional objective for the Department would be to continue Accomplishment #3, "As part of planning with minority groups, begin establishment of outreach programs and development of long-term service programs and minority recruitment program for candidates." as an Objective in the coming year. Discussion followed with regard to bilingual services and a certification program available to officers. Reserve officers, cadets, and recruitment of Latino officers were also discussed. FIRE DEPT. Interim Fire Chief Cohn discussed the Fire Departments Accomplishments for the current fiscal year and the completion of one phase of the West Hills Vegetation Management Program, which is revised each year. A high priority for next year is to establish complete compliance with SB 198/Cal OSHA requirements. 5:20 p.m.: Mayor Larson arrived at the meeting. Chief Cohn continued to discuss the objectives for re-assessing the ambulance fee schedule and revising it as appropriate and establishing stable revenue sources such as a parcel fee, square foot fee, building permit fee, and pursuing Federal and State grants for Department needs. PUBLIC UTILITIES ELECTRIC Public Utilities Director Barnes responded to an inquiry by Councilmember Rodin regarding placing undergrounding of utilities as an objective for the next fiscal year by stating that a fund could be set up and Council would need to determine how those funds would be spent. He cautioned that it could be expensive to underground utilities, as expenses include engineering costs, trenching, coordination with other utilities, and the cost to customers hooking up to the City's system. Declaring an underground utility district to require other utilities to underground was briefly discussed. Regular City Council Meeting June 4, 2003 Page 3 of 17 Councilmember Andersen suggested that since the franchise agreement with the cable company is currently being negotiated, perhaps a clause could be included in the agreement regarding undergrounding. He stated that he would like to see an objective of the Division to pursue further solar projects in the City limits. Director Barnes explained that the Electric Division has been working closely with the Finance Department on objectives and reviewing the Public Benefits Fund. WATER Director Barnes discussed continuing the water conservation program, including water treatment plant tours for children, and the completion of the installation of four new laterals at the Ranney Collector. He continued to discussed Objectives for the coming year and fielded questions regarding anticipated costs for upgrading the water treatment plant. The possibility of increasing water rates in incremental rates was also discussed. SEWER Director Barnes discussed Accomplishments and Objectives for the Sewer Division. There was a brief discussion regarding the use of reclaimed water and researching for grant money. COMMUNITY SERVICES PARKS Community Services Director DeKnoblough explained that the Parks Division completed planting more than 200 trees throughout the park system in coordination with Mendocino RELEAF. He reported that the Kuwanis Club has expressed an interest in working with the City to upgrade playground equipment in the parks. UKIAH VALLEY CONFERENCE CENTER Community Services Director DeKnoblough reported that the Ukiah Valley Conference Center has achieved 100%occupancy of office space. Next year their goal is to increase a marketing partnership between the Center and the lodging industry, continue to seek new revenue generating opportunities, and develop stronger partnerships with other area meeting facilities. Discussion followed concerning maintenance needed at the Center that entails significant capital expenditures. There was a suggestion that there be an objective be included in the budget to plan anticipated changes, marketing, and repairs to the Center. It was noted that most conference centers have hotels attached to them and the City's Conference Center does not have accessory type functions available. RECREATION DIVISION Community Services Supervisor Sangiacomo discussed the kinder music class for children under five years of age and next year they would like to focus classes for teenagers. Councilmember Smith recommended that an additional objective be to initiate talks with the County concerning joint efforts to provide recreation activities in the Ukiah area. Regular City Council Meeting June 4, 2003 Page 4 of 17 Supervisor Sangiacomo explained that the County has no staff to deal with recreation activity issues. Approximately 66% of those attending the City's activities live outside the City limits. Discussion followed concerning the need for a park and recreation district for the entire valley and the nonresidential fee for recreation programs. Councilmember Rodin discussed obtaining grant money for activities for children. under five years of age. She also noted that it would be good to have public information notifying people to pick up after their dogs in the parks. Supervisor Sangiacomo explained that the Recreation Division recently purchased dog waste containers and the City's Animal Control staff will look into the leash control law. He went on to discuss a public education campaign concerning animals. AQUATICS Community Services Supervisor Sangiacomo discussed the Aquatics Division and explained that they will continue to explore new opportunities to expand programs and increase revenue. Discussion followed concerning scholarships for the swim program and how other agencies assist in funding, such as Nuestra Casa and the Mendocino County Social Services Department. Pool fees were discussed. It was noted that there might be funds available through the Tobacco Tax money. MUSEUM Museum Director Smith-Ferri discussed Accomplishments and Objectives for the Museum. She discussed the upcoming Chamber of Commerce Mixer that will be held at the Museum. Councilmember Smith noted that the brochure for the Crafts of Mendocino County exhibit was very impressive. AIRPORT Airport Manager Bua advised that the Airport secured a FAA infrastructure grant for airport improvements of approximately $800,000. The auto parking area doubled its capacity and they are in the final stages of the Airport Lane Use Development Plan. Councilmember Baldwin expressed concern that some pilots do not adhere to the Quiet Flying Zones within the City and inquired about posting signs on the taxiways. Considerable discussion followed relative to some of the Councilmembers' concerns for the Quiet Flying Zones and how to deal with violators. Councilmember Baldwin was of the opinion that most of the offenders are commercial carriers. Aircraft traffic patterns and height limits for flying were also discussed. Recessed: 6:25 p.m. Regular City Council Meeting June 4, 2003 Page 5 of 17 Reconvened' 6:40 p.m. 2. PLEDGE OF ALLEGIANCE Joy Beeler led the Pledge of Allegiance. 3. INTRODUCTION 3a. Introduction of New Employee: Public Services Worker, Jerry Smith 3-A Community Services Director DeKnoblough introduced Jerry Smith who is the new Public Services Worker, aka Animal Control Officer. Mr. Smith has been employed approximately two months and has been very effective in assuming the animal control duties from the Police Department. He has also been training with Mendocino County Animal Control staff. Jerry Smith thanked the City and hoped to be with the city for a long time. 3. PRESENTATION 3b. Presentation By Jay Johnson Regarding Video Equipment For Cable Broadcast of City Council Meetings 3-A24 Jay Johnson, Director of Information Services (IS) for Mendocino County, discussed meeting with City Staff and Councilmember Andersen to research the purchase of equipment and identify related costs in order to implement cable broadcast of City Council meetings. He provided details of the various types of equipment available, estimated costs, and identified several options for the City to consider. He provided a live video demonstration to the Council. 4. APPROVAL OF MINUTES 4a. Regular Meeting of May 7, 2003 3-A92 Councilmember Smith noted a typographical error on page 8, fifth paragraph, should read "Rex Eiffert and Morey McCIoud spoke against any City Council action that concerns the Patriot Act." Councilmember Rodin noted there is some minor spelling errors and she would submit the corrections to the City Clerk for revision. M/S Baldwin/Rodin approving the regular meeting minutes of May 7, 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. 5. RIGHT TO APPEAL Mayor Larson read the appeal process. 6. CONSENT CALENDAR 3-A107 M/S Smith/Andersen approving item "a" of the Consent Calendar as follows: Regular City Council Meeting June 4, 2003 Page 6 of 17 a. Rejected Claim for Damages Received From Richard H. Winkler and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund. 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 3-A118 The following individuals addressed the City Council in Spanish and/or English: Martin Gonsalez, Alexandra Gil, and Adrian Martin Gonsalez regarding his arrest on May 21, 2003 at the Fairgrounds. Jose C. Torres, Clara Avenue, regarding concerns that the Police Department should pay more attention to the customs and traditions of Latinos. Richard Johnson, staff person for the Alliance for Human Rights, felt that the City is out of compliance with the Bilingual Act. Police Chief Williams clarified that the 12th District Fairgrounds is State property and is policed by the California Highway Patrol, not the City of Ukiah Police Department. Judy Pruden thanked City Manager Horsley and City staff for the superb cleanup of the railroad station on Perkins Street last week. She stated she is very grateful for the volunteer effort by the City of Ukiah employees. Mayor Larson advised that a number of letters have been circulated for Council's signature to each of the employees involved for their efforts. Joy Beeler thanked for the City Council for supporting AB 1123 and updated the City Council on its status. The bill will move the California Main Street Program from the Technology, Trade, and Commerce Agency to the Office of Historic Preservation. After being entirely eliminated from the Governor's proposed budget in January, the Governor's office has reinstated $126,000 to California Main Street. 8. PUBLIC HEARING 8a. Adoption of Resolution Adjusting Fees For The Ukiah Municipal Swimming Pools 3-A352 to 3-B Community Services Supervisor Sangiacomo explained that the proposed resolution is to adjust fees for public swim at the Ukiah Municipal swimming pools. He reported that the operational deficit at the pool has been increasing steadily over the past years and over the past three years there has been an operational deficit of approximately $80,000 each year. This year they expect that deficit to rise to nearly $90,000. The majority of these costs are due to rising maintenance and staff. In order to stabilize this downward trend, staff is recommending an immediate adjustment of the public swim fees. A survey shows that the City's fees are substantially lower than other facilities in the area. He went on to discuss the proposed fee schedule. Based upon an average public swim attendance of 100 youth and 20 adults per day, the proposed fee schedule is estimated to increase pool revenues by $14,000-$18,000 per year. While the proposed adjustments will not fully cover the cost to operate the facility, it is felt that this will at least bring the City into current standards of what other facilities are charging and Regular City Council Meeting June 4, 2003 Page 7 of 17 provide some relief to the City's General Fund. He noted that there has not been an adjustment to the public swim fees since 1992. Discussion followed with regard to the impact on budgets due to the increase in minimum wages, increased worker's compensation insurance, increased costs for training, fees for those using the pool facilities that do no live within the City Limits, scholarship programs, and the proposed fee adjustment schedule. Councilmember Rodin advised that funds may be available through Mendocino First Five child services and that staff should contact them with regard to scholarships. Public Hearing Opened: 7:21 p.m. Daniel de la Peza, Ukiah, addressed the City Council concerning his opposition to an increase in pool fees. Public Hearing Closed: 7:26 p.m. Discussion continued between Council and staff with regard to the valuable service to the community that the pool provides, repairs needed at the pool, the possibility of increasing the number of scholarships to youth, bilingual staff available at the pool, and applying for funding through grants and other programs to subsidize pool activities. M/S Baldwin/Smith Adopting Resolution 2003-42 adjusting fees for the Ukiah Municipal Swimming Pools, that Staff report back to Council in two weeks with the process to use scholarship funding to provide a rate at current rate or below, for those that request a subsidy, and that staff increase the marketing and outreach activities relative to that, carried by the following roll call vote: AYES: Councilmembers Rodin, Smith, Baldwin, and Mayor Larson. NOES: Andersen. ABSTAIN: None. ABSENT: None. 9. UNFINISHED BUSINESS 9a. Approval of Policy for Guided Tours of the Gibson Creek Fish Hatchery 3-B198 - 4--A City Manager Horsley advised that at the May 19, 2003 meeting, Council approved the development of a policy for guided educational tours of the City of Ukiah's old fish hatchery site, located on Standley Street in the Gibson Creek Canyon. The City has the right-of-way for the road to the fish hatchery and owns the 100'x200' that is the fish hatchery site. A written policy for use of the property should be put in place to define the parameters approved by the City Council. She went over the five recommendations listed in her Staff Report and explained that the City is conducting a survey of the fish hatchery site and the area is being marked for identification of the fish hatchery property to assist the tour guides in identifying the perimeters of the City's property. Councilmember Smith inquired if consideration regarding handicap access has been given. He raised a question about the tour guide unlocking the gate and prevention of any damage to the site. He noted the steepness of the site and if it would need to be Regular City Council Meeting June 4, 2003 Page 8 of 17 fenced in order to prevent people slipping off the path and into the creek. He felt these issues need to be investigated and that they raise liability concerns. City Attorney Rapport explained that he did not think that the City would be required to pave a forest in order to make it accessible to handicapped individuals. He would need to research the matter. Judy Pruden, Ukiah, advised that she has provided numerous historical walking tours in Ukiah over the years and she addressed some of Councilmember Smith's concerns. She also discussed the fish hatchery site, setting a maximum number of people for the tours, providing tours to school classrooms, and requested that there be flexibility in the tour policy. Rick Piffero, property owner adjacent to Mr. Nix's property, expressed concern with vandalism and fire danger to the area if young people are allowed to go to the site. He distributed a photo to Council of "No Trespassing" signs that are posted at the ridge. Daniel de la Peza, Ukiah, expressed his support of tours to the site and for educational purposes. He suggested using the parking lot at Anton Stadium for a meeting place when organizing the tour. Mayor Larson explained that he is supportive of the proposal, however, he expressed a concern with the staffing ratio. He recommended an amendment #5 be that the City Manager be charged with ensuring that adequate supervision is provided on the tours and that the group is aware of the boundaries, rules, and has the ability to keep small children supervised. City Manager Horsley explained that after twenty children, they would require one chaperone for every 10 additional children. Councilmember Baldwin discussed the possibility of having an entrance storyboard at the site. M/S Baldwin/Rodin Approving the Fish Hatchery Guided Tour Policy and that staff report back to Council in six months, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson. NOES: Smith. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10a. Authorization For City Manager to Execute Professional Service~ Agreement Between the City of Ukiah and Omni-Means, Ltd. In An Amount "Not to Exceed" $120,000 For City-Wide Traffic/Circulation Study 4-A39 Public Works Director Steele requested that the City Council authorize the City Manager to execute a Professional Services Agreement with Traffic Consultant Omni- Means of Roseville to perform a City-wide Traffic and Circulation Study. Regular City Council Meeting June 4, 2003 Page 9 of 17 Civil Engineer Eriksen explained that the Circulation and Transportation Element of the City's General Plan was adopted in 1995. During the eight years since that time, several changes have resulted in increased traffic and congestion in and around the City. Staff feels it is time to perform a comprehensive evaluation of the existing traffic conditions to plan for future circulation needs. The City-wide Traffic Circulation Study will consider development scenarios that will allow staff to review proposed projects and apply impact fees more efficiently and equitably. After interviewing Omni-Means, staff feels that based on their experience with similar communities, they have the ability to provide the City with a tested document. Two additional items are recommended by Staff to be added to the scope of services that include an update to the General Plan Circulation and Transportation Element and the expansion of the existing capital improvement program to reflect the findings and conclusions of the City-wide Study. The total of the scope, plus the additional services is $114,739. Omni-Means Ltd. has performed studies for jurisdictions the size of Ukiah and slightly larger and have received excellent reviews from all of the references he contacted. He recommended Council authorize the City Manager to execute a professional services agreement between the City of Ukiah and consultant Omni-Means Ltd. in the amount not to exceed $120,000 without approval of the City Manager. Public Works Director Steele noted a correction to the recommendation that the amount not to exceed is "$114,739" without approval of the City Manager. Discussion followed concerning the contract amount with Omni-Means Ltd., impacts of intersections to each other, holding public meetings and workshops to solicit public comment, looking at other modes of transportation such as bicycling, scooters, etc. instead of just car traffic, providing an option for impact fees, the possibility of adding some services to the contract with Omni-Means Ltd. with regard to expressed concerns of the City Council, second unit construction in single family neighborhoods and how it will enter into the study, and a critical component of providing a wider and cooperative effort between the City and County. M/S Rodin/Andersen authorizing the City Manager to execute a Professional Services Agreement between the City of Ukiah and consultant Omni-Means, Ltd. in an amount not to exceed $114,739 without approval of the City Manager. There was a brief discussion concerning the final approval date in 12 months and that the report have a focus on pedestrian and bicycle traffic. Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. Recessed: 8:52 p.m. Reconvened: 8:59 p.m. 10. 10b. NEW BUSINESS Rel~ort Regarding Implementing GASB 34: Basic Financial Statements- And Management's Discussion and Analysis- For State and Local Regular City Council Meeting June 4, 2003 Page 10 of 17 Governments Approval of Minimum Asset Value Threshold 4-A409 - 4-B90 Accounting Manager McCann advised that GASB 34 pronouncement is the most sweeping revision in the current financial model since 1979. There are four new or significantly updated reporting requirements contained in the pronouncement. He provided a summary of the City's accounting practices and the level of detail needed by the City's auditors in order to produce the City's first new GASB 34 financial statements. Staff is requesting Council's approval to bring the City's system into compliance with GASB 34 guidelines. The largest piece of work required under GASB 34, and the piece every jurisdiction is reserving money for, can be delayed for up to four years, without penalty under GASB 34. This means we can watch the market develop for the first year, and defer engaging a special consultant with infrastructure valuation experience until after the first wave of conversions, in the expectations that the market will settle down, rules will be more widely understood and standard practices developed. Staff is recommending Council approve to elect this implementation option. A brief discussion followed with regard the aspects of the new accounting procedures, compatibility with the new computer system that the City will be purchasing, and how the system would be able to provide a better analysis of the City's investments and tracking of expenditures on infrastructure improvements in order to maintain assets. M/S Smith/Baldwin to receive report regarding Implementing GASB 34: Basic Financial Statements-And Management's Discussion and Analysis-For State and Local Governments, Approving deferment of reporting pre-existing infrastructure reporting until year ending June 30, 2007, and Approving establishment of $5,000 minimum value asset threshold, 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 10c. Approval of Economic Development Strategy Under the Jobs Housing Balance Grant 4-B90 City Manager Horsley advised that the City applied for a Jobs Housing Balance Planning grant, and received authorization for $100,000 and Applied Development Economics (ADE) was selected as the City's consultant to do the report. The City has a balance of $85,000 in the Jobs Housing Planning Grant funds to utilize by September 30, 2003. ADE is recommending using the $85,000 for three elements of the implementation strategy: industrial attraction, downtown retail recruitment and unincorporated area, as the best land for this type of development is mainly located outside of the City limits. She felt that what is really needed in this area is not so much a three month campaign to try to get businesses in Ukiah but to put together a data base of what does industry and manufacturing firms want. If Council approves this, she would like to immediately meet with Madelyn Holtcamp, Toni Shaw from Mendocino County, and Jeff Lucas from Lake County to discuss a strategy work plan for ADE to accomplish this task and develop a data base for the Ukiah valley. Regular City Council Meeting June 4, 2003 Page 11 of 17 Discussion followed regarding the City Manager's revised proposal and the majority of the City Council thought it is a good way to utilize the funds. There was also some discussion with regard to whether ADE could promote existing businesses in the community and recruit new ones. Elizabeth Brazil, representing the Greater Ukiah Chamber of Commerce, advised that the Chamber is currently revising its web site with a focus on economic development and offering tips for businesses. She explained that it would be very helpful to establish a database and to have the Chamber of Commerce work in partnership with the City. Discussion continued with regard to the parameters for use of the money, the implementation plan, attracting businesses while protecting the environment, and retaining the quality of life in Ukiah. It was felt that the City Manager should have discretion as to how the money is utilized in the sense that as long as it is in conjunction with EDFC locally. M/S Smith/Rodin directing the City Manager to pursue further development of the plan and meet with Madelyn Holtcamp, Toni Shaw, and Jeff Lucas and proceed, approving Applied Development Economics (ADE) services to work on the City Economic Development Implementation Plan and to use the grant funds of $85,000 by September 30, 2003, carried by a unanimous voice vote of the City Council. 10. NEW BUSINESS 10d. Discussion of Inland Water and Power Commission's Request for List of Questions and Concerns Regarding Mendocino County Water Agency's Intentions 4-B282-5A City Manager Horsley distributed to Council and discussed the power point slides provided by the UC Extension that were distributed by the Mendocino County Water Agency at their latest meeting. She advised that the Board of Supervisors were very cooperative and there was a different shift in attitude. Councilmember Baldwin reported that at the last meeting of the Inland Water and Power Commission (IWPC) the chairperson signed a common letter with the County Water Agency or the Board of Supervisors that said they are going to work things out. There was some consensus to compile a list of concerns and questions. Supervisor Shoemaker was at the meeting and said it was very important to get these concerns out in the open as quickly as possible. The following is a list of concerns expressed by the City Council: Baldwin: What is the long-term funding mechanism for the Water Agency that will protect County staffing in other departments? What is the legality under CEQA of initiating new water projects while the General Plan is being revised for adoption? Regular City Council Meeting June 4, 2003 Page 12 of 17 In terms of a new JPA agreement, would the County Water Agency consider trading IWPC's first right of refusal and withdrawal of lead agency letter for new JPA language stating that no member agency will attempt a move on another member's water rights? Andersen: Suggested that we send the questions to IWPC and to Roland Sanford at the Water Agency and let them answer directly. What assurance can the Water Agency give that the City of Ukiah's current rights will not be abrogated? The answer should be specifically and not vague generalities. Is there going to be language, a contract, or some sort of legal document that all the different water agencies can sign with the Water Agency that is binding and would protect our rights while being involved? He has been supportive of what the Water Agency is doing and wants to be assured that the City's rights are protected. Larson: What assurances do we have of water rights, control of pricing of new water, or new distribution models or allocation? Is there any guarantee of price control of water? If Sonoma County is offering a better price, are we going to allow the Agency to sell the water to them or increase the price to us? Smith: If the idea of IWPC relinquishes or agrees to the changes relative to the first right of refusal, does the County Water Agency see a continued role involving the County and IWPC and if so, what is it? He referred to the handout in which it states, "Provide water treatment and wastewater treatment facilities" as one of the suggested functions. How would that relate to the existing wastewater treatment facilities for the Ukiah Valley Sanitation District? Rodin: The Mendocino Water Agency currently has no water rights but does it have a plan to acquire water rights and address County water needs? Why, specifically, is the County Water Agency interested in being the sponsor of the feasibility study? What's the advantage or interest? Rosalind Peterson addressed the handout from the Mendocino County Water Agency. As far as the City of Ukiah is concerned and the other districts, she inquired as to what level of authority would they like to address concerning our sources of water. It was the consensus of the City Council that the list of questions be sent to the County Water Agency as well as the Inland Water and Power Commission. 10. 10e. 5-A18 NEW BUSINESS Adoption of Resolution Regarding AB 1039 - Councilmember Andersen Regular City Council Meeting June 4, 2003 Page 13 of 17 Councilmember Andersen advised that there is not much that the City could do if it wanted to institute instant run off voting because it is a general law city, not a charter city. AB 1039 would allow general law cities to implement instant run off voting, cumulative voting, limited voting, and choice voting. He noted that the Instant Runoff Ballot is the most interesting one that was brought to his attention because it would allow elections if a Councilmember is voted into the Mayorship, something could be instituted where, depending on how many people are running for office and the number of seats available, the ranking order preferences and it eliminates the need to have a runoff election or appointment. Mayor Larson felt that the Resolution implies that counties are already included and he suggested changing the wording of the third paragraph of the Resolution to "Whereas, AB 1039 (Hancock) is a "home rule" bill that should give to general law cities and counties the same freedom of choice..." or delete the word "counties" from the paragraph. Discussion followed with regard to the process of instant runoff voting, how AB 1039 would give cities and counties a choice of what system they could use, retaining local control and allow the City to determine what type of voting method is preferable for the City, how the City's consolidated election with the County elections would be affected, and the definitions of cumulative and limited voting. M/S Smith/Andersen Adopting Resolution 2003-43 Supporting AB 1039, with a correction to the resolution that the third paragraph read, "Whereas, AB 1039 (Hancock) is a "home rule" bill that should give to general law cities and counties the same freedom of choice in voting method that chartered cities enjoy", carried by a unanimous voice vote of the City Council 10. 10f. 5-A136 NEW BUSINESS ApDroval of Letters to Senator Chesbro and Assemblymember Ber.q_ Expressing Appreciation For Their Efforts Regarding the Ukiah Air Attack Base City Manager Horsley advised that the continued existence of the California Department of Forestry air attack base at the City of Ukiah Municipal Airport appears to have been approved for funding for at least this summer and next summer. She recommended that the City Council send letters of appreciation for their act of support of the City's local Air Attack Base at the Ukiah Municipal Airport. M/S Rodin/Baldwin supporting sending letters to Senator Chesbro, Assemblymember Berg, Supervisor Shoemaker, and MSWMA Manager Sweeney expressing appreciation for their efforts regarding the Ukiah Air Attack Base at Ukiah Municipal Airport, carried by a unanimous voice vote of the City Council. 10. NEW BUSINESS 10g. Consideration and Possible Approval of Extension of Franchise Agreement With Adelphia Cable 5-A149 Regular City Council Meeting June 4, 2003 Page 14 of 17 City Manager Horsley advised that Adelphia Cable has requested that since the contract with the City for its franchise agreement expired in November of 2000, that the City extend the prior franchise agreement until December 31, 2003. In order for Adelphia to obtain their bond financing, they were told that they have to have written extensions and are asking each of the agencies involved to extend until December 2003. She advised that she changed it to say "December 2003 or whenever a new agreement has been signed, or whichever comes first." City Attorney Rapport suggested a change to the last paragraph of the agreement that the wording "...waiver of Grantee's rights" be changed to "...waiver of Grantee's or Grantor's rights", and in the same paragraph where it says "...all of Franchisee's right..." be changed to "...all of Franchisee's and Grantor's rights..." so that it is reciprocal because both the City and the company have rights under that section. M/S Smith/Andersen approving extension of franchise agreement with Adelphia until December 31,2003; carried by a unanimous voice vote of the City Council. 11. COUNCIL REPORTS 5-A182 Councilmember Rodin reported that she attended a meeting of the Greater Ukiah Chamber of Commerce last week and that the leadership at Leadership Mendocino is changing. There was a presentation concerning the progress of the Business Improvement District. There will probably be two separate bids, one concerning wine and the other for hospitality. She advised that she and Councilmember Andersen have been participating in the County Comprehensive Economic Develop Strategy (CEDS). There was a meeting of ALIVE (Active Living in the Environment), which is the group that formed when the City submitted a grant to the Robert Johnson Foundation for the Active Living By Design. The idea is that they will all support each other's efforts in promoting active living in everyday life. This group wants to be advisory to the Paths, Open Space, and Creeks Commission (POSC). They also want the City, and possibly POSC, to recognize the group ALIVE as a resource to provide research to them and they are eager to help. She reported attending the Chamber of Commerce's forum with Senator Thompson and discussed some of the other speakers at the forum besides Senator Thompson. Councilmember Andersen reported that he attended the CEDS Committee meeting and the group is interested in diversifying the economy, looking for new economy methods, and trying to get manufacturing firms, consultants, and looking at the region as a whole instead of various economic elements. He attended the Senator Thompson event at the Chamber of Commerce. He then attended the CEDS meeting where he spoke with Marty Lombardi and he would like to see the City do something publicly concerning economic development with business leaders. He felt it would be a good way for the City Council to reach out to that segment of the community. He has been attending the Skatepark Committee meetings and they are very eager to move forward. Councilmember Smith reported that, as the alternate, he attended two IWPC meetings. He missed the last City Council meeting because he had to attend a NCPA legislative regulatory committee meeting in Roseville at which time they evaluated their Regular City Council Meeting June 4, 2003 Page 15 of 17 Washington, D.C. trip. Last Thursday there was another NCPA event in Calistoga in which a Congressional tour of NCPA facilities took place and there was a meeting in Calistoga of that group. There were representatives of Congress in attendance who had questions about living in a rural community like Ukiah and depending upon electricity. He also attended the Senator Thompson forum. Mayor Larson reported that he attended the Senator Thompson forum. He attended a Financial Review Committee meeting that evaluates and approves the funding for fa(;ade programs. He reported that Edie's Restaurant will receive a grant, Mendocino Hobby Shop will be doing some facade renovation, and the Bulldog Brothers is doing a major fa(;ade renovation and landscaping project. He discussed the LAFCO meeting he attended as an alternate. He noted that MCOG reviewed the traffic study. Earlier this week there was a neighborhood watch presentation for the Wagonseller neighborhood that was initiated by one of its residents and about 50 people attended. There is an email process that is developing and he will include all of the Council on the email list. 12. CITY MANGER/CITY CLERK REPORTS 5-A388 City Manager Horsley thanked Council for signing letters to City employees for the depot clean up day. She gave a lot of credit to Executive Assistant Riley for organizing the event and working with the employees and NCRA. She did a great job. 5-A427 City Clerk Ulvila reported that a News Release has been issued soliciting applicants to fill two positions on the Planning Commission. A deadline for submittal of applications has been set for June 24, 2003 at noon. She requested clarification and direction from Council as to their interpretation of the word "deadline" in light of the fact that the last time Council filled vacancies on a Commission, one of the appointees had submitted his application after the deadline. She had planned to schedule interviews of the applicants with the City Council prior to a City Council meeting in July. Mayor Larson explained that we should honor a deadline in some sense out of respect for the City Clerk to get the information together and schedule interviews. He felt that anyone who expects to be guaranteed that their written information would be included in the City Council packet and an interview appointment would need to meet the deadline. The City Clerk should not be under any obligation to accommodate late applicants. However, the City Council has the option of appointing whomever they want within the scope of City regulations. City Attorney Rapport reminded Council that a Resolution has been adopted by the City Council that indicates a deadline be established and if an applicant does not apply within that deadline, they would not be considered in the pool of applicants. Council discussed the process of setting a deadline and whether late applicants should be given consideration and an appointment to be interviewed by the City Council. Regular City Council Meeting June 4, 2003 Page 16 of 17 It was the consensus of the City Council that a deadline should be set for applications to be received by the City Clerk and those applications would be forwarded to the City Council for consideration. 13. CLOSED SESSION None. 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 10:40 p.m. Marie Ulvila, City Clerk Regular City Council Meeting June 4, 2003 Page 17 of 17