HomeMy WebLinkAboutMin 08-20-03 MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, AUGUST 20, 2003
The Ukiah City Council met at a Regular Meeting on August 20, 2003, the notice for
which had been legally noticed and posted, at 6:30 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: Airport Manager Bua, Public Utilities Director Barnes, Community
Services Director DeKnoblough, Finance Director Elton, Risk Manager/Budget Officer
Harris, City Manager Horsley, City Attorney Rapport, Director of Public Works Steele,
Planning Director Stump, Police Captain Walker, Police Chief Williams, and City Clerk
Ulvila.
2. PLEDGE OF ALLEGIANCE
Paul Tichinen led the Pledge of Allegiance.
3. APPROVAL OF MINUTES
3a. Regular Meeting of June 4, 2003
M/S Andersen/Baldwin approving the Regular Meeting Minutes of June 4, 2003, as
presented, carried by the following roll call vote: AYES: Councilmembers Rodin,
Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None.
ABSENT: None.
3. APPROVAL OF MINUTES
3b. Regular Meeting of June 18, 2003
Councilmember Rodin referred to page 6, the fifth paragraph
Larson's comments. She noted his comment is incomplete.
regarding Mayor
Mayor Larson stated the sentence should read, "Mayor Larson was of the opinion that
the traffic study, along with the County's plans for the Masonite property, and
development of a reqional traffic plan, could accurately determine these costs and have
them fairly assessed".
M/S Smith/Andersen approving the Regular Meeting Minutes of June 18, 2003, as
amended, carried by the following roll call vote: AYES: Councilmembers Rodin,
Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN' None.
ABSENT: None.
4. RIGHT TO APPEAL
Mayor Larson read the appeal process.
5. CONSENT CALENDAR
M/S Andersen/Smith approving items "a" through "f" of the Consent Calendar as
follows:
a. Approved Disbursements for Month of July 2003;
b. Adopted Resolution 2004-06, Setting the Limitation on City Expenditures for Fiscal
year 2003-2004;
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August 20, 2003
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c. Notified Council Regarding Purchase of Electric Meters From Wesco In The Amount
of $9,590.72;
d. Reported to Council Regarding Services Agreement With Ukiah Valley Association
For Habilitation for Landscape Maintenance at the Ukiah Regional Airport in the
Amount of $7,500;
e. Allowed Individual Claim for Damages by John Templeton and Refused to File or Act
on Class Claims as Untimely or Not in Compliance with Claim Filing Requirements;
f. Reported to Council Regarding the Execution of a Contract with T.M. Herman &
Associates, Inc., For Professional Land Surveying and Related Services, in the
Amount Not to Exceed $10,000.
Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen,
Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None.
6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Paul Tichinen, Superintendent of Schools for the Mendocino County Office of
Education (MCOE) distributed a flyer of a proposal he would like to make to the City
Council at its next meeting. The flyer outlined MCOE's goals for property on Low Gap
Road and the agreements between the City of Ukiah Redevelopment Agency and
MCOE.
Oscar Groves, 374 Wabash, Ukiah, discussed a sunset provision regarding insurance
for skateboarders and noted that many skateboarders do not wear helmets or other
safety gear.
.
UNFINISHED BUSINESS
Introduction of Revised Ordinance Amending In Its Entirety Chapter 11,
Article 2 Of The City of Ukiah Municipal Code Regulating Cable, Video, and
Telecommunications Services and Consideration of Community Needs
Assessment Report for Public Access Cable Television
Community Services Director DeKnoblough advised that at the July 16th meeting,
the City Council introduced the draft Ordinance amending Chapter 11 of the Municipal
Code. Shortly after the Council's action Adelphia's attorneys had comments and
requested an opportunity to respond. Other than minor editorial changes, Adelphia's
concerns were focused on the costs for franchise fee audits, issuance of customer
service reports, and the assessment of late fees by Adelphia to customers. The
proposed draft Ordinance has been revised by the City's consultant, Communication
Support Group, attorneys and reviewed by City Attorney Rapport.
Discussion followed with regard to the revisions made to the draft ordinance and
concern was expressed regarding franchise fee audits and assessment of late fees to
Adelphia customers. Mr. DeKnoblough recommended the City Council reintroduce the
proposed ordinance with the revisions noted in the Staff Report.
M/S Andersen/Baldwin Reintroducing Ordinance by Title Only.
There was a brief discussion concerning complaints of Adelphia's services and if was
noted that public access has improved locally.
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August 20, 2003
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Motion carried by the following roll call vote: AYES: Councilmembers
Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN:
ABSENT: None.
Rodin,
None.
City Clerk Ulvila read the title of the Ordinance, "An Ordinance of the City Council of
the City of Ukiah, Amending in its entirety Chapter 11, Article 2 of the City of Ukiah
Municipal Code, Regulating Cable, Video, and Telecommunications Service".
M/S Smith/Andersen Introducing Ordinance, carried by the following roll call vote:
AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES:
None. ABSTAIN: None. ABSENT: None.
7. UNFINISHED BUSINESS
7b. Introduction of Ordinance Amending UCC Section 1203
City Attorney Rapport explained that at the August 6, 2003 City Council meeting,
Council agreed that appeals of Planning Commission decisions under Ukiah City Code
Section 1203 should be filed within 10 days of the date the decision is made and should
be contained in a writing that sets forth the reasons for the appeal. He prepared the
proposed ordinance amending Section 1203 to make those changes.
M/S Rodin/Smith Introducing Ordinance by Title Only, and carried by the following roll
call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor
Larson. NOES: None. ABSTAIN: None. ABSENT: None.
City Clerk Ulvila read the title of the Ordinance, "An Ordinance of the City Council of
the City of Ukiah Amending Section 1203 of the Ukiah City Code concerning appeals by
members of the City Council or the City Manager".
M/S Smith/Rodin Introducing Ordinance, carried by the following roll call vote: AYES:
Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None.
ABSTAIN: None. ABSENT: None.
8. NEW BUSINESS
8a. Adoption of Resolution Making Appointment to the Parks, Recreation, and
Golf Commission (Joe Chiles)
City Clerk Ulvila advised that on March 18, 2003, the City Clerk's office received
notification from Perry Ramsey, Men's Golf Club representative, of his resignation from
the Parks, Recreation and Golf Commission. The Men's Golf Club submitted a letter to
the City Council recommending that Joe Chiles be appointed by the City Council to fill
the vacancy created by Mr. Ramsey's resignation. Mr. Chiles has completed an
application for appointment for Council's consideration.
M/S Larson/Smith nominating Joe Chiles as the Men's Golf Club representative to the
Parks, Recreation and Golf Commission, carried by the following roll call vote: AYES:
Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None.
ABSTAIN: None. ABSENT: None.
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August 20, 2003
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M/S Smith/Larson adopting Resolution 2004-07 making appointment of Joe Chiles to
the Parks, Recreation, and Golf Commission to fill the unexpired term of office for a
representative from the Men's Golf Club to expire June 30, 2004, 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
8b. Discussion and Possible Direction Regarding Noise- Baldwin/Andersen
Councilmember Baldwin stated that noise pollution is mostly related to manners and
civility. It was his opinion that the Ukiah community is today increasingly interrupted by
the noise of mechanized gadgets, certain vehicles, and sound equipment. He stated
that noise causes stress and can cause other health problems.
He suggested that the City provide education in its quarterly newsletter regarding the
unhealthy pollution of leaf blowers and the corresponding social benefits of reducing
blower use. He reviewed recommended hours of operation, as noted in his Report to
Council. He also recommended that the City provide a letter to local landscaping
companies encouraging their offering "Quiet-No Blower Service". Additionally, the City
could provide a $5 City rebate on the purchase of rakes and outdoor brooms.
In regard to car stereos, he recommended that the City enforce state law and its local
noise ordinance to the greatest extent possible. Offenders could be given the choice of
paying a $100 fine or three hours of solitary confinement with loud "oppositional music".
He recommended that the City enforce the noise ordinance to the maximum extent
possible and that amplified music not be allowed in parks without a petition signed by a
majority of residents nearest the park. He felt that the Sundays in the Park concert
series in Todd Grove Park is sufficient and that no others be allowed in other parks. He
also suggested there be a limit to the Alex Plaza and School Street amplified sound
events to 20 to 25 yearly.
He suggested a letter be sent to all helicopter operators requesting they first fly east,
then use the Highway 101corridor when their destination is north or south. He also
recommended a letter be sent to the commercial carrier/couriers requesting their use of
Noise Abatement take off and landing patterns in all clear weather.
He noted that a previous City Council adopted a resolution recommending that the Army
Corps of Engineers institute a policy to close Lake Mendocino to internal combustion
water going vehicles on Sundays and Mondays during the season of September 15 to
May 1, and Mondays and Tuesdays after 5:00 p.m. during the season of May 1 to
September 15. He felt the City Council should readopt such a resolution.
Councilmember Andersen stated that he requested the Council agendize an item
concerning noise pollution in review of the Noise Element of the General Plan and how
noise is addressed in the Ukiah Municipal Code. The most frequent complaints he
receives from people are regarding barking dogs and boom car stereos. He explained
that he does not advocate the banning of leaf blowers in the City limits. He expressed
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August 20, 2003
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an interest in knowing what the base amounts of fines are in other communities near
Ukiah and felt that fines should be enforced.
Police Chief Williams reported that in the Police Department's contact with the courts,
they were informed that it had been some time since local fines have been reviewed.
City Attorney Rapport discussed noise violations and how the court sets penalties.
Councilmember Andersen was of the opinion that the timing for processing garbage,
should be taken into consideration. The City should work with the hauler to use quieter
trucks because it is a common complaint. He also addressed barking dogs and inquired
as to what the Code Enforcement Officer and/or the Animal Control Officer are tasked
with doing about it.
City Manager Horsley advised that barking dogs are a major issue in the City and the
City's Animal Control Officer works with the owners, sends them letters, and attempts to
counsel them about how to best deal with their barking dog.
Chief Williams explained that the Police officers continue to respond to such calls and
they work closely with the Animal Control Officer to follow up on the problem. He
discussed how the officers respond to loud car stereo complaints in that the Vehicle
Code allows them to take action against a vehicle emitting sound in excess of 50 feet if
it is on a highway. On private property or a parking lot, officers would have to refer to
the City's ordinance regarding excessive noise. He noted that the number of calls from
citizens regarding loud car stereos is very Iow.
Members of the audience that addressed the City Council concerning noise issues
were: Katheryn Schapmire, Steve Roberts, Michael McCann, Phillip Ashiku, Dave
Hull, Susan Knopp, Greg Foss, Becky Toon, Rick Piffero, Brian Brodowski, Cyndi
Montesonti, Tom Fletcher, Mark Ashiku, Laurie Brodowski, and Jim Wattenberger.
Councilmember Smith discussed the 2001 City Council that set new standards of
operation for leaf blowers and letters were sent to local landscapers. It was his opinion
that in the year 2002 there was reasonable success with the new standard and he did
not think any further action is needed at this time. He discussed the quality of life in
Ukiah and noted that one thing that makes it good is Iow governance of individuals' daily
lives. He was supportive of adopting a new resolution concerning quiet time at Lake
Mendocino.
Councilmember Rodin was of the opinion that no further regulations are needed with
regard to leaf blowers and other loud noises, and that common courteousness is what is
needed from neighbors.
Mayor Larson was of the opinion that the previous City Council dealt with the leaf
blower issue on a voluntary basis and he did not see a need to regulate it further. He
recommended the City use its newsletter to educate people further concerning the use
of loud equipment and music. He applauded the City's Animal Control Officer for his
efforts in working with pet owners. He inquired if the City's current fines for noise
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August 20, 2003
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violations are lacking or too modest. A stronger information campaign by the City is
needed in order to enforce behavior.
Councilmember Andersen stated that he is not interested in regulating noise but to
raise awareness of noise issues in the community, inform the public about the current
noise ordinance, and to explore what other communities do. He was curious to see
what other jurisdictions charge for fines on loud cars, garbage pickup, street sweeping
schedules, and other noises+. He would like the City to try to implement enforcement,
have employees appropriately trained, and that a budget allowance for these items be
established.
Councilmember Rodin was of the opinion that educating the public on the use of leaf
blowers is good and requested that staff also look for samples of a "good neighbor
policy". The policy could be referenced in the newsletter. She recommended more
restrictions on the hours of operation for leaf blowers. She concurred with
Councilmember Baldwin's suggestion that the City send letters to landscaping
companies encouraging that they offer "Quiet-No blower Service" and that the City offer
$5 rebates on the purchase of rakes and outdoor brooms. With regard to boom car
stereos, she recommended enforcing the current laws to the extent possible by the
Police Department. She also agreed with the recommendation that letters be sent to
helicopter operations and to commercial carrier/couriers requesting their use of noise
abatement and that they use an easterly flying route. She was supportive of the
recommendation to have staff prepare a resolution requesting the Army Corps of
Engineers reserve certain days at Lake Mendocino to restrict motorized watercraft.
Airport Manager Bua discussed the Airport Commission's interest in the matter and
that they have contacted some of the couriers and Calstar with regard to these issues.
The Commission thinks the letters are reasonable and they have been involved in
educating the pilots.
It was the consensus of the City Council to direct staff to prepare a resolution
concerning recommendations for quiet times at Lake Mendocino for Council's
consideration at its next meeting. It was also the consensus of the City Council that
an education program should be initiated in the City's newsletter with regard to a good
neighbor policy and to remind the public of the recommended hours of operation for leaf
blowers. Council also came to a consensus to direct staff to investigate ordinances
adopted by other cities and counties with regard to enforcement of leaf blowers as a
nuisance and abatement of the problem.
Councilmember Baldwin recommended that Councilmembers Rodin and Andersen
work with City Manager Horsley to develop a good neighbor policy for the City of Ukiah.
Once the policy is developed, it should be published in the City's newsletter.
Councilmember Andersen recommended that staff talk to the City's garbage hauler
regarding concerns of its hours of operation and noisy trucks.
Recessed: 9:24 p.m.
Reconvened: 9:32 p.m.
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August 20, 2003
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9:36 p.m.: Adjourned to sit as Ukiah Redevelopment Agency
9:41 p.m.: Reconvened
8. NEW BUSINESS
8c. Approval of Letter of Support for Legends of the Redwood Event
Risk Manager/Budget Officer Harris provided a history of the Redwood Empire
Association (REA) and its effort to promote the Redwood Highway in 1927 and 1928 in
which Native American runners competed in a race from San Francisco to Grants Pass,
OR. He went on to describe other activities planned in conjunction with the marathon
event and noted several cities will be participating in the event.
City Manager Horsley explained that Ukiah and Willits will work together to promote
this area and a committee would be formed.
Gary Thomsen, teacher in Seattle, discussed the Redwood Event and its historical
interest. REA is working with the California Indian Museum and are coordinating all of
the local tribes and ancestors of the original racers. He explained that Ukiah High
School would provide a historical commentary on the runner from the Ukiah area and
what it means to the community.
Jim Mayfield advised that he is a member of the Board of Directors of the Redwood
Empire Association (REA) and they are working with Mr. Thomsen on this project.
Discussion followed concerning various aspects of the event and ways in which the City
of Ukiah could be promoted.
Elizabeth Brazil discussed the role that the Greater Ukiah Chamber of Commerce will
play in the festivities and she reported that a conference was held to discuss and solicit
participation of interested groups Countywide.
M/RC Baldwin/Smith approving letter of support for Legends of the Redwood event,
carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith,
Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None.
8. NEW BUSINESS
8d. Consideration of City Clerk's Position
City Manager Horsley advised that City Clerk Marie Ulvila has informed the City that
she would be moving to Lake County by September 15, 2003. The City Clerk, as an
elected position, is required to live within the City limits. The City Clerk's term expires
November 2004. She discussed the options presented to Council in the Staff Report
and recommended the City Council appoint an interim City Clerk and that Marie Ulvila
be hired as Deputy City Clerk to assist in fulfilling the actual duties and responsibilities
that are required of the City Clerk's office until the November 2004 election. Council
may also wish to discuss the possibility of once again placing a ballot measure on the
next election in March 2004 regarding the elected City Clerk's position. Another option
available would be to restructure the City Clerk's duties, as was previously done with
the City Treasurer's position, and reduce the duties of the elected City Clerk and
appoint a Deputy City Clerk to handle the actual duties.
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August 20, 2003
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She went on to discuss some of the duties associated with the City Clerk's office, such
as document imaging and that an elected person may or may not have the skills needed
to fulfill the duties of the position.
Mayor Larson was of the opinion that as a short-term solution, Council should appoint
an Interim City Clerk and hire Mrs. Ulvila as Deputy City Clerk. He was also supportive
of reducing the duties of the elected City Clerk and hiring a qualified individual to
perform the duties.
Councilmembers Smith and Rodin were in agreement with Mayor Larson and felt that
a ballot measure should be presented to the voters in March concerning the position.
City Manager Horsley explained that staff would provide information to the City Council
concerning this proposal as well as other possible ballot measures at the next meeting.
City Clerk Ulvila stated that the City Clerk's position is not political and the importance
of the City Clerk being impartial when assisting the public and candidates; that all
individuals are treated equally. The last time this matter was put on the ballot, she
spoke at several organizations and found that the general public is not aware of all the
things that the City Clerk is responsible for. She stated that if the matter is to succeed
as a ballot measure; it will be critical that the City Council take an active role in
educating the voters.
8. NEW BUSINESS
8e. Verification of League of California Cities Voting Delegates and
Consideration/Direction Regarding Annual League Conference Resolutions
Council discussed the various resolutions to be voted on by League representatives at
the Annual League Conference scheduled for September 7-10 in Sacramento. Of
particular concern was Resolution #2 relating to proposed federal legislation to expand
wilderness and wild and scenic river designations.
M/RC Baldwin/Andersen verifying that Councilmember Rodin will be the voting
delegate and Councilmember Andersen will be the alternate for the Annual League of
California Cities Conference, and advising the City's delegates to vote "yes" on
Resolution #1 and "no" on Resolution 32 regarding 2003 League of California Cities
Annual Conference Resolutions, carried by the following roll call vote: AYES:
Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None.
ABSTAIN: None. ABSENT: None.
Mayor Larson explained that in conjunction with the Annual League Conference, he
was asked at the last Redwood Empire Division meeting about policy committee
assignments and if Councilmembers Baldwin and Smith would like to continue with their
assigned committees since the appointments will be made for next year.
Councilmember Baldwin replied that he would relinquish his seat on the committee if
someone else from this area were interested. However, he stated that he would be able
to attend one meeting a year.
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August 20, 2003
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9. COUNCIL REPORTS
Councilmember Rodin reported that she received information in the mail regarding the
City of San Francisco hosting a Solar City Summit and inquired if any Councilmember's
are interested in attending.
Councilmember Andersen reminded Council that on August 23rd beginning at 1:00
p.m. there would be a memorial service for Mr. Sugawara at the former St. Mary's
church.
City Manager Horsley explained that there would be a wreath at the service from the
City Council.
Councilmember Smith reported the Northern California Power Association (NCPA) is
making plans for a state tour of community owned electric utilities, which includes the
City of Ukiah. An integral part of our lobbying success each year is the facilities
inspection tour for state staff. The cities of Healdsburg, Ukiah, and Redding will be
hosting the NCPA geothermal plants tour that is tentatively scheduled for the second
week in October. He apologized to Mayor Larson for being out of town on Sunday and
missing the Concerts in the Park finale.
Councilmember Baldwin also apologized to the Mayor for missing the last Concert in
the Park series. He inquired as to when the old storage shed located in back of City
Hall on Dora Street would be removed.
City Manager Horsley explained that the new storage facility is almost complete and
as soon as the alarm system is installed the contents of the shed will be removed and
the shed destroyed. She explained that fencing would be constructed in back of City
Hall to protect the Fire Department training equipment from visibility on Dora Street.
Mayor Larson reported that he provided some Mayoral duties at the last Concert in the
Park series last Sunday in recognition of its sponsors and volunteers.
10. CITY MANGER/CITY CLERK REPORTS
City Manager Horsley discussed the recent septage report from the County. The City
held two public hearings and hadn't been taking septage for about two years prior to
that.
Councilmember Rodin, the City's liaison to the Ukiah Players Theatre board, reported
they had a board meeting last night and the actors attended and did excerpts from the
six plays they plan to perform next year. She promoted their fundraiser at the Sun
House and discussed the gala event planned for September 21st from 1:00-5:00 p.m.
and well known chefs will be contributing food and their will be auctions. They will also
have a raffle.
City Clerk Ulvila explained that the Recall Election for Governor is scheduled for
October 7th and the Special Districts Election scheduled for November 4th. A display is
available in City Hall promoting voter registrations. She advised that she would be out
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August 20, 2003
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of town for the September 3rd Council meeting, attending a City Clerks training at U.C.
Riverside. Deputy City Clerk Riley will attend the City Council meeting in her place. A
joint meeting of the City Council and Ukiah Valley Sanitation District is scheduled to
begin at 4:00 p.m. on September 3rd, with the regular City Council meeting to follow at
6:30 p.m.
She also noted that there are some holidays in September when the City offices will be
closed. Monday, September 1st is Labor Day, and Tuesday, September 9th, is
Admissions Day and City offices will be closed.
11. CLOSED SESSION
None.
12. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 10'29 p.m.
Marie Ulvila, City Clerk
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