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HomeMy WebLinkAboutMin 09-03-03MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 3, 2003 The Ukiah City Council met at a Regular Meeting on September 3, 2003, the notice for which had been legally noticed and posted, at 6:42 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Rodin, Andersen, Smith, Baldwin, and Mayor Larson. Staff present: Finance Director Elton, Risk Manager/Budget Officer Harris, Purchasing Agent Horger, City Manager Horsley, Fire Chief Latipow, City Attorney Rapport, Fire Marshal Yates, Community Services Director Larry DeKnoblough, Public Works Director Diana Steele, Public Utilities Director Darryl Barnes, and Deputy City Clerk Riley. 2. PLEDGE OF ALLEGIANCE Finance Director Gordon Elton led the Pledge of Allegiance. 3. INTRODUCTIONS/PRESENTATION 3a. Introduction of New Employee: Mary Horger, Purchasing Agent Finance Director Elton introduced Mary Horger, new Purchasing Agent. Mary has extensive service as a purchasing agent, is a current resident of Willits, and belongs to several local service clubs and organizations. Mary Horger expressed her gratitude to her fellow employees for their friendliness and assistance. 3. INTRODUCTIONS/PRESENTATION 3b. lntroduction of New Employee: Kurt Latipow, Fire Chief City Manager Horsley introduced Kurt Latipow, Fire Chief. She outlined Latipow's extensive experience in the fire service, which ranges from municipal to the Federal level. Chief Latipow is also highly trained in many related areas, including hazardous materials, law enforcement, emergency medical, and administration. Chief Latipow explained that he is pleased to be in the Ukiah area, and noted that he plans to retire from the City of Ukiah. 3. INTRODUCTIONS/PRESENTATION 3a. Presentation by Mark LaRose, Ukiah Valley Medical Center City Manager Horsley advised that this is an annual presentation regarding the updates of the Ukiah Valley Medical Center. Mark LaRose, President of the Ukiah Valley Medical Center (UVMC), presented the status of the Medical Center after reviewing its mission statement, the governing board and the Community Advisory Council, which provides valuable input from the community. He explained that UVMC's primary service area includes about 57,000 members, and it is roughly the third largest employer in Mendocino County. The Center showed profits in 2002, as opposed to two prior years of losses. Mr. LaRose also described the proposed construction improvements for the hospital for the next 40 years. Regular City Council Meeting September 3, 2003 Page 1 of 8 4. APPROVAL OF MINUTES 4a. Regular Meetin.q of July 9, 2003 Mayor Larson recommended that paragraph seven on page six be deleted, as it contains incorrect information. Councilmember Baldwin recommended that, in paragraph three on page ten, the sentence beginning with, "He supported discretionary review for second units..." be deleted. M/S Andersen/Smith approving the Regular Meeting Minutes of July 9, 2003, as amended, 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 DECISION Mayor Larson read the appeal process. 6. CONSENT CALENDAR M/S Baldwin/Smith approving items "a" through "e" of the Consent Calendar as follows: a. Awarded Bid for High Voltage Line Clearing and Tree Trimming at Various Locations Within the City of Ukiah to Davey Tree Surgery Company in an Amount Not to Exceed $40,000; b. Adopted Ordinance No. 1047 Amending In Its Entirety Chapter 11, Article 2 Of The City of Ukiah Municipal Code, Regulating Cable, Video, and Telecommunications Services; Adopted Ordinance No. 1048 Amending UCC Section 1203; Notified Council of Purchase From Rainbow Agricultural Services for One Utility Vehicle (Kawasaki Mule) in the Amount of $9,947.44; Awarded Bid for Purchase of Public Safety Mechanic Vehicle in the Amount of $14,651.42 to Northlake Ford Mercury. C, e, 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 Michael Deckard, 601 Redwood Avenue, expressed his frustration on a number of issues. Scoff Miller, 408 West Mill Street, expressed his appreciation for the Councilmembers' efforts. Peijean Tsai introduced herself as the new reporter for the Ukiah Daily Journal, who will be covering City business from this time forward. 8. UNFINISHED BUSINESS 8a. Adoption of Resolution Making A_Dpointment of Interim City Cler.~ City Manager Horsley explained that this item is a follow-up to previous Council direction, and asked the Council to accept Ms. Ulvila's resignation and appoint Finance Director Elton as Interim City Clerk until the end of Ms. UIvila's term in 2004. Regular City Council Meeting September 3, 2003 Page 2 of 8 Councilmember Andersen expressed his discomfort with the Council's appointing a new City Clerk without the public's participation in the selection process. M/S Rodin/Smith accepting the resignation of Marie Ulvila effective September 15, 2003, appointing Finance Director Elton as Interim City Clerk, and adopting Resolution 2004-08 making appointment of Gordon Elton to fill the unexpired term of the City Clerk position, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. Mayor Larson administered the oath of office to Gordon Elton. 8. UNFINISHED BUSINESS 8b. Fines For Noise Related Offenses Under Vehicle Code and City Code City Attorney Rapport reported on his findings regarding City Council's influence over Vehicle Code Section 27007 and Ukiah City Code Section 6058. In short, the City Council may suggest fines for a first offense violation of the Ukiah City Code, including Section 6058, but not for the violation of the Vehicle Code Section 27007. Councilmember Andersen inquired whether a person could be in violation of State Vehicle Code and City Code at the same time. City Attorney Rapport replied affirmatively, although the State Vehicle Code would likely overrule the other. A brief discussion followed regarding the difference between bail schedules and fines. Councilmember Andersen inquired whether, as part of the punitive process, a vehicle could be impounded or if community service could be required. City Attorney Rapport explained that no provision exists for recommending community service. Bail schedules and fines can be recommended, so long as they are less than the maximum authorized, but will not necessarily be adopted. A brief discussion followed regarding enforcement and interpretation of noise-related offenses. Councilmember Baldwin inquired whether judges have leeway to consider alternative forms of penalty. City Attorney Rapport replied that if the defendant agrees to the penalty, it might be enforced in lieu of a fine. Mayor Larson suggested that a subcommittee be comprised to further discuss the issue. By consensus, Councilmember Baldwin and Mayor Larson were selected to form a subcommittee with City staff. Regular City Council Meeting September 3, 2003 Page 3 of 8 By Consensus, Council accepted the report. 8. UNFINISHED BUSINESS 8c,Adoption of Resolution Regarding Army CorDs of Engineers and Noise at Lake Mendocino City Manager Horsley reported that, in 1999, Council approved a resolution and sent a letter to the Army Corps of Engineers regarding noise limitations at Lake Mendocino. ^ response was not received, so staff is requesting Council's direction, as the issue has resurfaced. Councilmember Rodin referred to the draft letter included in the agenda summary report, where the Council recommends specific days and times when the noise might be banned, and asked if it might be better to leave it open. Mayor Larson explained that these times are only a recommendation. He also noted that he has received public comment regarding the Council's consideration of this issue and it being out of their jurisdiction. Councilmember Smith stated that, while he approved of the Council's actions in 1999, he agrees that specifying the dates and times might not be a good idea in light of current public comment on the matter. He recommended adding the words "such as..." before the suggested times for noise bans. Councilmember Baldwin concurred. Andy Nichol, Ukiah, expressed surprise that the City Council is addressing issues at Lake Mendocino and that they haven't addressed concerts in the park, races at fairgrounds, loud motorcycles, etc. He suggested that it might be more appropriate to recommend that noise levels be kept below a certain level at all times. Councilmember Andersen read aloud an e-mail recently sent to the Council from a resident near Lake Mendocino. The resident reports that she has complained to the local authorities on a number of occasions regarding the noise levels on the Lake. She supports Council's efforts. Council briefly discussed details of the letter. Councilmember Smith requested clarification of acceptable decibel levels at the Lake and who would enforce the restrictions. He recommended to not include specific restrictions in the resolution, but instead draft a letter asking that decibel levels be enforced and that the Army Corps of Engineers hold public meetings regarding the issue. A brief discussion followed regarding the types of noise-makers at the Lake, possible restricted times, and the need for a letter to the Corps. Mayor Larson wished to extend the Council's support for the Corps' public meetings and recommended that the Corps regulate and moderate noise and nuisance type behavior. Regular City Council Meeting September 3, 2003 Page 4 of 8 Council agreed to permit Mayor Larson to revise the letter to the Army Corps of Engineers. M/S Smith/Andersen adopting Resolution 2004-09 calling on the Army Corps of Engineers to institute a policy to close Lake Mendocino to internal combustion water going vehicles during various hours, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 8. UNFINISHED BUSINESS 8d. Selection of Russian River Watershed Association Director and Alternate City Manager Horsley advised that Councilmember Rodin has been attending the meetings of the Russian River Watershed Association and is willing to continue doing so. M/S Smith/Andersen appointing Councilmember Rodin as Director for the Russian River Watershed Association and selecting Mayor Larson as alternate, 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 9a. Consideration of Approval for Additional Funding of Orr Creek Bridge Project City Manager Horsley advised that this has been an ongoing project, initiated when Kmart was looking to move to Ukiah. Since the initial projections, new expenses have been added to the project. Horsley explained that the City may elect to participate in this project on different levels, and outlined the choices for the Council. Councilmember Baldwin asked for clarification regarding water lines in the area. City Manager Horsley explained that the City Utility department may be in the process of major renovations at that time, and work in the Brush Street Triangle might be incorporated in that. Also, drainage issues might be taken care of by property owners at the time of development, an issue that has already been discussed with those individuals. Councilmember Andersen inquired what the cost increases are attributable to. City Manager Horsley stated that the original plans had design flaws regarding the creek and banks, and that the bridge had to be expanded to reduce the impact on the creek. Bill Randolph, Ukiah, regularly works on Orr Creek, and has for many years been opposed to the bridge. He asked City to withhold further expenditures on this project until alternative locations have been considered. He suggested that a better place for the bridge might be closer to highway, away from urbanized area. City Manager Horsley suggested that Mr. Randolph return when the EIR comes back to Council for discussion, and clarified that the City will not construct until the EIR is approved. Regular City Council Meeting September 3, 2003 Page 5 of 8 Councilmember Andersen stated that he is not interested in spending more money on this project, and recommended staff's alternative suggestion, as stated in the staff report. He wished to remain committed to the Orchard extension, but did not favor adding funds. Councilmember Smith inquired who will be responsible for paying the unfunded balance if the City does not contribute the additional funds. City Manager Horsley stated that, with the bridge complete, the Brush Street Triangle will be open for development. At that time, there will be many different ways to collect these funds. For example, the County may require capital improvement fees, other mitigations, and may receive sales tax, or property owners may develop their land at their own cost. Mayor Larson stated that he has long believed that the bridge should be built. The County is likely to profit far more than City, yet the County has not adequately offered assistance toward the completion of this project. M/S Andersen/Baldwin directing that the City should not increase its participation over the initial $372,000 already committed, 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. Presentation of Department Capital Improvement Projects City Manager Horsley advised that each of the Directors improvement project overviews. have prepared capital Police Chief Williams provided an overview of the Department's expenses, as presented in the staff report. Councilmember Andersen asked Williams to prioritize the list. Police Chief Williams responded that personnel needs ranked the highest, along with corresponding vehicles and equipment, followed by facility security. At this time, the remodel of the evidence room is not pressing. Mayor Larson asked if $100,000 for personnel is per year or a one-time expense, and what a fully staffed department would cost. Police Chief Williams explained that this figure is an estimate for a 10-year time frame. He suggested that it might be beneficial for the City to do a study to determine specific needs. A brief discussion followed regarding the logistics of such a study. Fire Chief Latipow provided an overview of Fire Department's list, and explained that some items on the list might need replacement in less than ten years. The priority is completion of the exhaust system in the engine room, as the current system only extends to approximately 50% of the engine room. The second priority would be replacement of Regular City Council Meeting September 3, 2003 Page 6 of 8 the overhead door system, which has been especially problematic. Third priorities are a new storage structure and replacement of the ladder truck. Final priorities are replacement of the 1994 engine, followed by the 1991 ambulance. Finance Director Elton explained the Finance Department's list, which includes the replacement of water and electric meters. Councilmember Rodin inquired regarding the benefits of the proposed new telephone system. Finance Director Elton explained that a new system would allow call stacking as opposed to automatic voicemail, more user maintenance and adjustment, and more. Community Services Director DeKnoblough provided an overview of the department's capital projects. Councilmember Andersen inquired regarding Anton Stadium upgrades and whether the funds requested are in addition to those already in reserves. Community Services Director DeKnoblough clarified that the funds requested are in addition to the reserves, as it is preferable to renovate the stands and replace the roof. Public Utilities Director Barnes explained that the Public Utilities list covers the next five years instead of ten, and provided an overview for the Council. Public Works Director Steele reported on the Public Works Department's capital projects, which include the bridge replacement and widening at Waugh Lane and repairs of the storm drain system. 9. NEW BUSINESS 9c. Report on Impacts of the California State Budget on the City of Ukiah Finance Director Elton advised that the major area of initial impact on the City's Budget is the three-month loss of the Vehicle License Fees. Sales tax revenue was significantly higher than predictions, and therefore, the City can add $100,000 to its sales tax revenue for this year. At this point, the City is only $20,000 more in deficit than what was projected during the budget sessions. As a result, no further reductions need to be made at this time. It was the consensus of Council to receive the report. 9. NEW BUSINESS 9d. Approval of Settlement Agreement with Charles and Jacqueline Ruelle City Attorney Rapport explained the settlement agreement and recommended approval of agreement. M/S Smith Rodin approving Settlement Agreement with Charles and Jacqueline Ruelle and authorize City Manager to sign agreement on behalf of the City, carried by the Regular City Council Meeting September 3, 2003 Page 7 of 8 following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 10. COUNCIL REPORTS Councilmember Rodin reported that she is selling tickets for the Ukiah Players Theater fundraiser. Councilmember Andersen reported that he visited Portland, Maine, where extensive work has been done on the downtown area. 10. CITY MANGER/CITY CLERK REPORTS None. Adjourned to Closed Session at 10:26. 11. CLOSED SESSION Conference with legal Counsel-Existing Litigation Subdivision (a) of Government Code §54956.9 Ruelle v. City of Ukiah, Mendocino County Superior Court Case No. SCUKCVCV083733 No action taken. Reconvened at: 10:28 12.ADJOURNMENT There being no further business, the City Council meeting was adjourned at 10'29 p.m. erk Regular City Council Meeting September 3, 2003 Page 8 of 8