HomeMy WebLinkAboutMin 06-06-01(2)MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, June 6, 2001
The Ukiah City Council met at a Regular Meeting on June 6, 2001, the notice for which had
been legally noticed and posted, at 6:35 p.m. in the Civic Center Council Chambers, 300
Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers
were present: Larson, Smith, Libby, Baldwin, and Mayor Ashiku. Staff present Public
Utility Director Barnes, City Treasurer Carter, Community Services Director DeKnoblough,
Police Captain Dewey, Finance Director Elton, Assistant City Manager Fierro, City
Manager Horsley, City Attorney Rapport, Deputy Public Works Director Seanor, Public
Works Director/City Engineer Steele, Planning Director Stump, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Mayor Ashiku led the pledge of allegiance.
3. PRESENTATION
3a. Presentation by Public Financial Management Reqardin_cl Citv Investments
City Manager Horsley advised that Public Financial Management (PFM) Group manages
the City's investments, and on an annual basis the City requests a representative speak to
the City Council concerning the City's current investment status.
Nancy Jones, Managing Director of PFM, distributed information to Council concerning the
report on the City's investment portfolio. City Treasurer Allen Carter assisted Ms. Jones
in the presentation. The City's portfolio is well diversified by sector and issuer and the
City's portfolio is of very high credit quality. With regard to maturity distribution, the core
portfolio is primarily invested in the 1-3 year range and has excellent liquidity. She
continued to discuss interest rate trend and the PFM Statement and details of securities
held.
Discussion followed concerning the City's investment portfolio.
3b. Report on Status of Fiber Optics in Mendocino County - Cyndee Logan
(Continued from May 16, 2001)
Cyndee Logan, Project Manager for the North Coast Railroad Authority, explained that
one over-sea fiber optic cable is located in Point Arena and it looks like another one will be
located there as well. She made the following recommendations regarding to the City
when negotiating with telecommunications companies about fiber optics:
Have an annual review of the encroachment permit issues to the applicant.
- Work with MCOG to pool resources
- Take into consideration the loss of road life and possibly incorporate it into the permit
process.
- Designate which route the carrier should follow.
- Contract with an engineering firm monitor their construction and bill costs to the
telecommunications provider.
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June 6, 2001
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Discussion followed concerning connections located below ground as a connection point
for the fibers so tie-ins could be made. There was also discussion concerning when the
telecommunication companies could trench and the loss of life of roads. MCOG's interest
in fiber optics was also discussed. It was noted that many communities are planning that
when trenches are dug in streets and utilities are undergrounded, empty conduit is
purchased by the local government and laid into the trench. This can be sold or leased to
telecommunication organizations, or for other needs.
3c. Presentation from Applied Development Economics Consultant on the Palace
Hotel Re-Use Grant Project
Wes Ervin, representing ADE, advised they have been contracted by the City to conduct a
feasibility analysis of the re-use of the Palace Hotel. He advised that their scope of work
includes review of background information on the Hotel, record measurements and
drawings and conducting a structural and Building Code compliance review. A demand
analysis/market analysis of the re-use of the Hotel has been completed. Options for re-use
and community interviews have been conducted. This will result in design alternatives and
a cost report to determine whether it is feasible to renovate and reopen the Hotel. A critical
component of the study is a structural and seismic analysis of the building. Recently a
grant application was approved by the City Council, under the Downtown Rebound
Program, for a seismic analysis for the Hotel. The $15,000 grant for all the seismic
analyses will not be enough because it is such a large building. The cost estimate and
design sketches will be provided, but full construction drawings will not be provided.
Mr. Jaime Hurley reported that ADE looked at five potential reuse options that included
housing, ground floor commercial, restaurant, hotel, and offices. Their methodology looked
at demographic data, conducted some community interviews, and looked at the local
market conditions. He discussed their summary of retail options available and
recommended a multi-use design that incorporates all of the five reuse options, plus
parking.
3d. Presentation by Greater Ukiah Chamber of Commerce
Ms. Teri Ullrich, President of the Greater Ukiah Chamber of Commerce, discussed the
benefits that the Chamber provides to the City and the inquiries they receive. She noted
that the cost of doing business has increased in the last couple years. The Chamber of
Commerce is requesting funds in the amount of $25,000, as opposed to $19,000 from last
year. The Chamber continually promotes the City in everything that it does and the City's
continued investment in the services that the Chamber provides to the City of Ukiah will
enable them to provide quality service for visitors and residents.
Councilmember Libby inquired if there has been any thought to having the Conference
Center's reception desk open on Saturday's.
Elizabeth Brazil, Chamber CEO, explained that at this time, the Chamber works with
businesses that are in the Conference Center and they help offer visitor services during the
weekends. At this time they haven't looked at opening on Saturday's but it is something
they have discussed on occasion
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4. PROCLAMATION
4a. Ukiah Community Center Month - June 2001
Mayor Ashiku read the Proclamation designating June 2001, as Ukiah Community Center
(UCC) Month in recognition of its 30th anniversary. He encouraged all residents of the
community to participate in the planned birthday festivities, and congratulate the UCC
Board of Directors, Staff, and volunteers for their significant contribution to our community
and a job well done over these last 30 years.
Gordon Elton, Vice-President of the UCC Board of Directors, accepted the Proclamation
and thanked the City Council for their support over the years
SPECIAL PRESENTATIONS
City Manager Horsley advised that Councilmembers Libby and Larson, and staff
members had attended a volunteer appreciation dinner for the Homeless Shelter recently.
There were many certificates given out and there was one person that did not receive a
certificate but was always there when the phone rang, or when there were complaints or
problems. She presented a Certificate of Appreciation to Larry DeKnoblough.
Mayor Ashiku advised that the City Council would like to recognize the City Manager for
her efforts in organizing the winter shelter for the homeless and her wonderful service
through the difficult moments encountered over the past several years. He awarded a
Certificate of Appreciation to City Manager Horsley.
5. MINUTES
5a. Regular Meeting of April 18, 2001
Councilmember Baldwin left the meeting at 8:00 p.m.
M/S Larson/Smith approving the minutes of the Regular Meeting of April 18, 2001 as
presented; carried by the following roll call vote: AYES: Councilmembers Larson, Smith,
Libby, and Mayor Ashiku. NOES: None. ABSENT: Councilmember Baldwin. ABSTAIN:
None.
6. RIGHT TO APPEAL DECISION
Mayor Ashiku read the Appeal process.
7. CONSENT CALENDAR
City Manager Horsley requested additional wording to item 7e, be made to the
recommendation, to be include: "after staff receives a final indication from Caltrans that all
the pertinent bid submittals and necessary documentation are in place for this federally
funded project."
Councilmember Smith advised that item 7g was at the request of the organization that he
works for and inquired of the City Attorney if he would have a conflict of interest on the
matter.
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June 6, 2001
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City Attorney Rapport advised that he did not know the impact that approval of this item
could have on Councilmember Smith's employer and recommended he not participate in
the vote for this item.
Consensus of Council was to vote on item 7g separately.
Councilmember Baldwin returned to the meeting at 8:02 p.m.
Councilmember Libby commented that Iow bidders are often excluded because they
don't follow the exact bidding specifications. In the case of item 7b, the company that
offered a different product other than what was in the bid specs is considered to be the Iow
bidder. She suggested that the City be consistent in the bidding process.
M/S Larson/Smith approving items a through f of the Consent Calendar as follows:
a. Received Report to Council Regarding Public Notification Regarding Vacancies on
Boards and Commissions;
b. Received Report of the Acquisition of Flexible Crack Sealant and Detac Material
From Reed & Graham Inc. in the Amount of $5,155.52;
c. Authorized Sole Source Purchase of Crisis Response Negotiation System from
Professional Safety, Inc. For the Sum of $10,254.88;
d. Rejected Claim for Damages Received From Ray Langevin and Referred to Joint
Powers Authority, Redwood Empire Municipal Insurance Fund;
e. Awarded Contract to Ferranti Construction, inc. for State Street Tree and Main
Street Parking Lot Landscaping Project, Specification No. 00-02 in the Amount
of $564,625;
f. Considered and Adopted Resolutions 2001-58 and 2001-59 Approving Reporting
Employer Paid Member Contributions as Additional Compensation - Electric Unit.
Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby,
Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None.
7g. Adopted Resolution 2001-60 Establishing a Time Limited No-Parking/Bus
Loading Zone at 990 South Dora Street.
Councilmember Smith left the room due to a possible conflict of interest concerning this
item at 8:10 p.m.
M/S Larson/Ashiku approving item 7g of the Consent Calendar "Adopting Resolution
2001-60, establishing a time limited No-Parking/Bus Loading Zone at 990 South Dora
Street, carried by the following roll call vote: AYES: Councilmembers Larson, Libby,
Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Councilmember Smith. ABSTAIN:
None.
Councilmember Smith returned to the meeting at 8:12 p.m.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward to address Council.
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9. PUBLIC HEARING (7:00 P.M.)
9a. Consideration and Action on Appeal of Planning Commission Decision to
Conditionally Approve the Edge Wireless/City of Ukiah Communications
Tower Use Permit (Continued from Mav 16, 2001 meeting)
Mayor Ashiku polled the Council and confirmed that all Councilmembers had visited the
site.
Police Captain Dewey explained that at the May 16, 2001 City Council meeting, staff was
asked to further research alternatives to the existing communication system, remote
locations, and cost basis for each of these alternatives, as well as technology
enhancement requirements and alternative designs to the proposed communication tower.
Staff met with the City's current radio service provider, other communication center
supervisors who have built and maintained similar systems, FAA representatives for
guidance on height and frequency coordination issues, the City Planning Department staff
members, and the City Airport staff members. Cost estimations were confirmed by
contacting an out of area radio service provider and he traveled to a number of sites to
research alternative designs, alternate locations, and costs associated with each option.
During their recent Technology Improvement Project, they found a number of items in need
of repair and their vendors suggested they begin to accelerate their replacement program.
Their radio provider recommends that the antennas be replaced immediately. The
antennas operate the Police, Fire, Public Safety, School Safety, and multi agency channels
for the City. During their recent planning process for the upgrade and replacement of our
existing radio communications tower, staff consulted our radio service provider, Masterson
Communications on a number of times about their radios and how to affectively replace
their radio systems. Masterson Communications presented our radio frequency
requirements to a third party engineer who designed the antenna combining components
of the system to allow for redundancy within the new system as well as expansion in the
future. The cost estimate for just the equipment is between $45,000 and $54,000, with
approximately $15,000 in labor for the installation.
He discussed relocating the tower to any site within the City and applying alternative forms
of technology and associated cost to each individual site. He discussed associated
construction costs related to this project and noted it is estimated to cost $150,000. The
City currently holds licenses from the Federal Aviation Administration (FAA) and the
Federal Communications Commission (FCC) for our current location. We would need to go
through the application process again if we move to another site, which would require the
use of a consultant, estimated to cost between $3,000 and $5,000.
If we move to any alternative site there has to be a communication link between City Hall
and the radio communication tower. He discussed the use of a microwave system as an
option, which would be located between City Hall and the radio communication tower.
Staff looked at the locations that the tower could be moved. He identified Iow-level sites off
the City's Water Treatment Plant, Sewer Plant, North Fire Station, and the Gobbi Street
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June 6, 2001
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Park. Each of these sites would require the addition of a voting receiver, which increases
the cost, and a second microwave installation. Other sites considered were the Golf
Course, Anton Stadium area, the City's landfill, and the Ukiah Airport, which would not
require the addition of a voting receiver or second microwave installation. He noted that
both Spanish Mountain and the Ukiah Airport have FAA concerns.
The radio consultants felt that it is possible to lower the tower to 80 feet at the existing site,
although they had concerns about moving it to that level because it would greatly decrease
the life expectancy of our equipment on the tower. In addition, there would be an increase
in the radio frequency emissions that are located at the ground level by lowering the tower.
He contacted the FAA with regard to lighting issues, and found there are currently no
regulations or FAA license requirement for lighting on the 100-foot tower. According to the
radio consultants, if we were to go from an eleven to a five-antenna system, we would
decrease the emissions.
After reviewing the alternatives, both the technological aspects and alternative sites, he
recommended that the City go forward with the proposed project.
Councilmember Baldwin inquired if staff has had any communication with the County
regarding a tie-in with their communication system.
Captain Dewey discussed issues related to having the microwave or dedicated phone line,
or both, between the City and the County. There are other leasing issues in addition to the
fact that their antennas are not located in the same geographical centers that would be
appropriate for the City.
Discussion followed concerning the "line of sight" situation as it relates to the height of
buildings within the City. There was further discussion concerning the feasibility of tying
into the County's communication system and the cost. Issues related to locating a tower
on Spanish Mountain were discussed. There are other issues relative to the County's
control of the radio frequency spectrum, and the difficulty of the City adding channels at a
later time.
Interim Fire Chief Grebil explained that the County Sheriff's Department is near capacity
on their microwave system. If we connected to their system, it would bottleneck at the
County's Low Gap Road site.
Public Hearing Opened: 8:29 p.m.
Councilmember Larson reported that during his meeting with the neighborhood, he
suggested they appoint a spokesperson, tn the past, a spokesperson is allowed more time
to speak than the 10-minute allotted time.
Mary Lindley, Ukiah, commended Captain Dewey for his report. She felt that allowing
audience remarks to exceed a time limit has been unfair to people who are hear to address
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June 6, 2001
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other items on the agenda.
Tom O'Donoghue, 328 Jones Street, advised that the neighborhood elected him to speak
on their behalf. After reviewing the information provided by Captain Dewey and the City,
they felt that the existing tower is obsolete and there is safety concerns related to the
tower. The neighborhood suggests that if the project is approved, it may create a
precedent and will raise the issue of future growth of the City. The neighborhood felt that
the tower could be downsized by having the base not so large and the top not so
cumbersome. If the tower was 100 feet, the wear and tear on the antennas would be less
and so would the RF factors be less to the public. He felt that more activity is being
conducted in the area around the tower and it has become a nuisance. He recommended
the installation of a sound wall as mitigation to the project. He also recommended the City
become a good neighbor to the surrounding neighborhood.
City Manager Horsley advised that she spoke to Mr. O'Donoghue about outside speakers
and evening activities near the training tower. She reported that the speaker has been
disconnected and when the building is destroyed, a fire hydrant will be installed in its place.
In that way, the training for the volunteer firefighters would not be next to the neighbors'
fence. She has also discussed the installation of a sound wall with Mr. O'Donoghue during
the past few months.
Rick Paige, Ukiah, employed with the Mendocino County Emergency Services, expressed
concern with emergency services and was of the opinion that it would be better for the
communication tower to be closer to the source. He recommended the height of the
communication tower not be reduced and to not go remote.
Mary Lindley, Lori Leaf, and Morrey McCIoud, spoke in support of the tower.
Ken Harrington, Allen Clowenmosa, and Dennis Maize voiced their opposition to the
project.
Leif Farr, 616 Grove Avenue, stated that the public hearing did not identify that this
project, as proposed, would have a negative visual impact on the surrounding residential
neighborhoods. The public record identified that it would be a cumulative effect based on
the fire tower and the antenna. It was not mitigated and not addressed.
Captain Dewey advised that the City's current FAA license and FAA regulations require
that they do not have a light on the tower and they will not have a light on the tower in the
future.
Allen Clowenmosa and John McCowen, Ukiah, discussed the issue on Spanish
Mountain related to a tower.
Public Hearing Closed: 9:02 p.m.
Councilmember Libby felt it important that the City have adequate communication tools
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June 6, 2001
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for public safety. She felt the Planning Commission made the right decision.
Mayor Ashiku thanked Councilmember Larson for his efforts to meet with the
neighborhood on this issue.
There was discussion of what course of action the Police Department would take if there
were an emergency and the antennas on the tower were inoperative.
Planning Director Stump provided responses to Mr. Farr's comments by stating that the
Planning Commission made 10 findings of fact related to a variety of topics involving visual
quality, neighborhood compatibility, and General Plan consistency.
Councilmember Larson stated that plans approved by the Planning Commission are not
acceptable to him. He felt the neighborhood has raised some very valid concerns about
noise, not only from training activities, but daily use. He was of the opinion that direction
should be given to staff to pursue design and costs for a sound wall. He stated that there
is no nexus between a sound wall and a cell tower, however, there is between the City's
presence and the neighbors. He recommended Council accept the alternative design for
the tower. He felt the storage building could be constructed in stucco to match the existing
architecture. He discussed fire training sessions hosted by the City and suggested some
of the training take place at other facilities and that staff explore of feasibility of moving the
training tower.
Councilmember Smith agreed with Councilmember Larson's concerning his
recommendation to staff to research the cost of a sound barrier/wall and that that the City
should make an effort to be a good neighbor. He felt the alternative design for the size of
the base of the communications tower should be approved. He shared concerns for the
storage building's appearance and recommended it not be constructed of metal but that it
blends with the architecture of the existing and new addition to City Hall.
City Attorney Rapport advised that Council has the authority to make additional
conditions in upholding the decision of the Planning Commission. The license agreement
between the City and Edge Wireless would be another mechanism to use to control the
design of the building and the tower.
Director Stump advised that the Planning Commission approved what the applicant
proposed in terms of the shelter to store the equipment. They also imposed a condition
requiring fencing or other material to screen the building. They gave the Planning Director
the discretion to work with the applicants to develop a design that made the screening
consistent with the design of the building.
Councilmember Larson recommended that an architecturally compatible fa(;ade be
provided for the building instead of a fence, using the same like and character of materials
as the Civic Center building.
Considerable discussion followed concerning the design and the option of fencing for the
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June 6, 2001
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building. It was noted that a lO-foot fence would be very imposing, aesthetically.
Mayor Ashiku stated he did not find the nexus that this project creates an impact that
warrants a sound wall, however, he understood the concern with on-going operations
being an issue. He felt this matter could be addressed at a future meeting as a separate
issue and did not want to make it part of this use Permit.
M/S Ashiku/Smith upholding the Planning Commission's conditional approval of the radio
tower Use Permit and deny the appeal, with the added conditions of 1) Use the alternate
design for the smaller base, 2) The materials used for the outside structure of the building
for housing equipment be constructed in the same architectural quality of materials that
reflect the surrounding buildings, 3) The security fence around the tower be secured at an
adequate height that provides the security required and that it also is done in the character
and style of the Civic Center; and 4) Any changes or alterations to the placement of
structures on the tower require the approval of the Planning Commission or the City
Council.
Discussion followed concerning the meaning of the motion.
Councilmember Larson stated that he expects a commitment from Council to direct staff
to move forward on the mitigations and requested that this item be continued for five
minutes while Council considers a motion to direct staff to do so. He was hesitant to be
part of a decision that may not follow through with further commitment.
Discussion followed concerning Councilmember Larson's comments.
City Attorney Rapport advised that the two issues are unrelated and that the issue
concerning the on-going operations of the Civic Center is not an agendized item, so the
most Council could do under the Brown Act would be to direct staff to bring additional
information back to Council at a later meeting.
Mayor Ashiku directed Planning Director Stump and Police Captain Dewey to coordinate
with their chief officers to bring back an analysis of relocating training operations
elsewhere. He also requested City Manager Horsley to review with Director Stump the
matter of a sound wall.
Councilmember Baldwin was of the opinion that by backing the Council into a corner, it
disallows Council from finding a creative solution that would make the citizens proud. He
felt Council should consider spending the money necessary to construct the new tower and
making sure the City can deal with all emergency situations suitably, affectively, and to be
able to fulfill the vision and details of the City's General Plan.
There was some clarification as to the alternative base and it was noted that Edge Wireless
has indicated it is possible to construct a six-foot base instead of a 1 O-foot base.
Councilmember Libby responded to some of Councilmember Baldwin's comments
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June 6, 2001
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regarding large expenditures that have been approved by the City. She felt the City has a
responsibility to use public money wisely and felt approval of this project would be doing
that. She felt there would be less visual affects than currently exist.
Mayor Ashiku stated that the City has known for some time that the existing tower needs
to be replaced. Staff brought Council a proposal and Council conducted the City's
business in a public way and there is nothing that is forcing Council to accept the proposal
and did not feel Council is backed into a corner. He felt staff has done an excellent job in
presenting the project as a viable solution to the City's problem.
Councilmember Smith responded to Councilmember Baldwin's comments concerning
privatization and felt that it is the Council's responsibility to obtain other sources of funding
for projects for the City, if at all possible. On the other hand, we have to protect the City
and he felt the proposed agreement ensures that the City will own the tower in due time.
Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith,
Libby, and Mayor Ashiku. NOES: Councilmember Baldwin. ABSENT: None. ABSTAIN:
None.
Mayor Ashiku thanked the neighborhood for their participation and working with
Councilmember Larson.
Recessed: 9:37 p.m.
9:45 p.m.: City Clerk Ulvila appointed Assistant City Manager Fierro to be Deputy City
Clerk for recording purposes at the meeting.
9:45 p.m.: City Clerk Ulvila left the meeting due to illness.
Reconvened: 9:47 p.m.
10. UNFINISHED BUSINESS
10a. Status Report Regarding Replacement of Thomas Plaza Fountain
Community Services Director DeKnoblough explained that as previously directed by
Council, staff has been meeting as a committee with Mayor Ashiku and Councilmember
Larson to determine the type of improvements to be made in the Alex Thomas Plaza to
replace the fountain. There has been considerable discussion by the committee, and staff
has received considerable public comment concerning the need for shade in the Plaza.
Planner Keefer has prepared a conceptual design of various elements to provide shade
and water to the park.
Associate Planner Keefer discussed his proposed design that included shad trees, trellis'
with a water feature, additional seating areas, and a removable canopy type structure to
provide shade. He discussed options for providing more shade in the center of the park by
possibly installing a temporary shade structure, such as a removable gazebo, trellis, or
canvas sails that would cast a lot of shade on the ground and are very attractive.
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June 6, 2001
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Mayor Ashiku noted that the committee looked at a complete makeover for the park over
a number of years. Staff would attempt to accomplish some immediate relief for shade.
Councilmember Larson discussed financing the project and the concept of spending
more than the $20,000 originally planned, in increments over several years.
Councilmember Smith recommended directing staff to develop a five-year phase for
improvements to the park, and provide a cost estimate.
Mayor Ashiku noted that the proposed plan is such that if it were to be abandoned at any
point, there would still be a very nice project. This may be especially true in light of the
City's financial situation changing from year to year.
Councilmember Baldwin felt it important to have open space in the park. He felt the
proposed design was a step in the right direction.
Councilmember Libby liked the concept however she has reservations concerning the
water element in the park.
Consensus of Council directed staff to return to Council in July with cost estimates for the
trellis and other design elements, as proposed by staff.
11. NEW BUSINESS
11a. Approval of Agreement with Edge Wireless
City Manager Horsley explained that she had negotiated the agreement with Edge
Wireless and is recommending approval of the agreement, as detailed in the Staff Report.
City Attorney Rapport discussed the specifics of the proposed agreement and noted no
further changes are recommended at this time.
M/S Ashiku/Smith approving agreement with Edge Wireless; carried by the following roll
call vote: AYES: Councilmembers Larson, Smith, Libby, and Mayor Ashiku. NOES:
Councilmember Baldwin. ABSENT: None. ABSTAIN: None.
11. NEW BUSINESS
11b. Annual Review and Comment on Proposed Mendocino Solid Waste
Management Authority 2001-02 Fiscal Year Budget
Mike Sweeney, General Manager of MSWMA, provided an overview of the MSWMA
Annual Report/Budget Review, as of May 2001. He discussed the HazMobile (household
hazardous waste collection) that includes a business hazardous waste service and latex
paint recycling. Appliance hazardous waste service, grant funding, illegal dump cleanup,
and recycling promotion were also discussed. He further explained AB939 reporting and
monitoring, an electronics-recycling program, and the search for a new HazMobile base
facility site. In closing, he discussed funding for MSWMA and reviewed revenue and
expenditures in their budget.
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Consensus of Council was to accept the report on MSWMA's 2001-02 budget.
11. NEW BUSINESS
11c. Adopt Resolution Declaring Intent to Annex Two Parcels of Land Owned by
The City
City Manager Horsley advised that the City owns two parcels of land that are currently
situated outside the City Limits. One of the parcels is adjacent to the sewer treatment plant
and has been developed with a percolation/evaporation pond for many years, and is an
integral component of the City's wastewater treatment facility. The second parcel is
currently vacant, but a proposal is being advanced to lease the land and develop it with
airplane hangars. The two parcels are adjacent to the City limits, intended for long-term
public facility use, and can be adequately served by City utilities and all other public
services. She discussed other aspects of the parcels, as noted in the Staff Report.
M/S Baldwin/Larson adopting Resolution 2001-62 establishing intent to annex two
parcels of land owned by the City, and to prepare a Master Services Element (Plan) for
LAFCO consideration when the City proposes to amend its Sphere of Influence later this
year; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby,
Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None.
11.
11d.
NEW BUSINESS
Notification to Council of Action Taken by the Northern California Power
Agency Commission to Authorize an Evaluation of New Generation Resources
and Ukiah's Commitment to Participate
Public Utilities Director Barnes explained that Northern California Power Agency (NCPA)
staff conducted a load growth survey of the members and determined there is a need for
an additional 300 Mw of generation resources by 2004. As a result, the NCPA
Commission, at its scheduled meeting in April, authorized the staff of NCPA to begin an
evaluation to determine alternatives for new generation resources. The cost of this
evaluation will be $500,000. Since it is expected that the City of Ukiah will require an
estimated 6 to 8 megawatts (Mws) of additional generation resources in the 2004-2005
timeframe, the City's Commission (Mayor Ashiku) authorized the City of Ukiah's
participation in the evaluation. For those cities participating in the evaluation, the cost of
the study will be shared based on percentage of peak load requirements. Since the City's
peak load requirement is approximately 3% of the NCPA peak, our share of the evaluation
will be approximately $15,000.
Councilmember Libby queried staff regarding how many Mws the City buys annually,
how much is used, and why additional Mws are needed.
Director Barnes explained that the City's peak load this past year was 30.5 megawatts.
He explained that the 30.5 does not include the City's investment in Calpine. We are
currently buying 2 Mws of something else to meet the load. In January we will replace that
with the Calpine contract.
Councilmember Libby inquired as to why we will need six to eight more Mws in the next
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June 6, 2001
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three to four years.
Director Barnes explained that the six to eight megawatts requires what we are already
short. We are buying that off the spot market right now. If the market is going to stay
where it is, we can continue to buy it at a higher price off the market or we will have to
replace it. Part of it is planning and seeing what types of development will be proposed,
plus what we are already short, and buying on a short-term basis.
He further explained purchasing more is based on what we are anticipating as the load
growth and what we are already short. When we get the load growth projections, we need
to decide whether we want to make up the difference based on load growth, by
participating in the unit, or continue to put it together with contracts.
Mayor Ashiku explained that the $15,000 will help us determine what the costs for new
generation will be, the cost of retrofitting older generation to create new resources, and
what the market currently bears with new plants coming on line and the potential for long
term contracts.
Councilmember Larson did not foresee any problem with shedding excess power that we
have control over. We are only investing in the research that will tell us whether it is a
good thing to move forward with.
Mayor Ashiku further explained, in response to an inquiry by Councilmember Libby, that
we don't need anyone to buy us out and we don't have to participate in the project. He
explained that the reason why we felt it was without a risk to spend the $15,000 was
because we knew that we could lay off our percentage to anyone. We have no obligation
to follow through with any of the plans of NCPA's but if we don't spend this money, we
have no possibility of taking advantage of any of the programs or plans that are a result of
this evaluation.
Consensus of Council was to receive notification of action taken by the Commission of
the Northern California Power Agency to authorize an evaluation of new generation
resources and Ukiah's commitment to participate.
11. NEW BUSINESS
11e. Discussion of Ordinance Requiring Inspection of Sewer Lines During Real
Estate Transactions
City Attorney Rapport explained that Council, at a prior meeting, was concerned that
properties were either not properly connected to the sewer system or discharging storm
water into the sewer system. Council had inquired if there was some means to require
property owners to verify that they are in compliance with the sewer ordinance when the
property changes ownership. He prepared a draft ordinance that would accomplish that
and is provided in the Staff Report. He explained that the proposed ordinance would
prohibit certain covered parties from participating in real estate transactions without
complying with the requirements of this ordinance. He further reviewed the proposed
ordinance, ensuring compliance with this certification process, possible penalties, and
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June 6, 2001
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inspections. He discussed the proposed ordinance providing an opportunity for the
property owner to enter into an agreement with the City to make those improvements on a
schedule that is agreeable to the City.
City Manager Horsley advised that she has drafted a letter to be sent to real estate
professionals, along with the draft ordinance, soliciting their views.
Discussion followed concerning the matter and with the potential for an owner to make
changes to the property, such as the addition of a swimming pool after certification. Costs
involved and the inspection certification process was discussed.
Consensus of Council directed staff to send the draft ordinance to realtors and plumbing
contractors for review.
10. UNFINISHED BUSINESS
10b. Commission Terms
(i) Introduction of Ordinance Concerning the Terms of Office for Members of
City Commissions and Boards
(ii) Adoption of Resolution Amending Procedures for Filling Vacancies on City
Commissions and Boards
City Manager Horsley explained that at the meeting of May 16, 2001, the City Council
discussed the various aspects of City appointed Commissions and Committees with regard
to terms, recruitments, and the appointment process. The City Attorney has prepared an
ordinance that amends the terms of office for members of the City Commissions and
Boards and also a resolution that amends the procedures for filling the vacancies on City
Commissions and Boards. In addition, Councilmember Libby has asked that further
discussion be had on several of the actions that were taken at the last Council meeting,
before a vote is taken.
Councilmember Libby explained that at the last Council meeting there was discussion
on the process in which the Airport Commission is appointed and then the discussion
went further into term limits for other committees and other things. She questioned if
Council had been in violation of the Brown Act at that time.
Mayor Ashiku explained that the agendized item included "all commissions".
City Manager Horsley explained that at the previous meeting the Mayor asked that
discussion be for all commissions.
Discussion followed concerning the matter and consensus was that the matter discussed
at the last meeting concerned general procedures for appointing all commissioners.
Mayor Ashiku inquired if Council would prefer to discuss the matter at another meeting.
Consensus of Council was to proceed with discussion of the matter.
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June 6, 2001
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Councilmember Libby explained that she would like to review two items of the Staff
Report. She stressed the importance of applicants answering all questions on the
application so that Council has as much information as possible about the applicant in
order to make their decision for appointment. She felt by altering the Resolution that
requires applicants to fill out the application, without answers, we could be leaving the
impression we're changing the Resolution to give credibility to something that was done
wrong in the past. She also expressed concern for term limits and felt the public has made
it very clear that they support term limits and there is a perception of "clickyness" if we
rescind them. She did not want that perception with the public. She did not recall
discussing the matter of applicants requesting reappointment. She thought Council agreed
that incumbents are to submit the application they previously completed when first
appointed to their position. If they have any changes to that application, they can provide
an amendment.
Councilmember Baldwin explained that these people are volunteering for their
community and not hired as employees. Secondly, if any Councilmember doe not like what
they see in the applicant's application, they don't have to vote for that applicant.
Councilmember Libby continued to discuss requiring applicants to answer the questions;
otherwise the minimum information the application would not provide much insight to
Council.
There was extensive discussion concerning the matter of applicants completing the
application in full. Discussion was also had regarding whether incumbents should be
required to submit a new application with their request for reappointment.
Mayor Ashiku was of the opinion that Council discussed this at length at their previous
meeting. Council made the determination that it didn't want to place the City Clerk in the
position of judging whether an application was complete or not. Council also discussed at
length the term limits and direction was given to staff to craft this ordinance as presented.
Regarding sitting commissioners, direction was given that all they have to do is submit a
written request expressing their desire to be reconsidered, but they were under no
obligation to submit any written material. The City Clerk was directed to include their
previous application in the material that she submits to Council.
Discussion followed concerning term limits as specified in the City Code.
Councilmember Baldwin drew attention to the nomination procedure for appointing
commissions as presented in the draft ordinance.
The rotation of Councilmembers with regard to the nomination process was also discussed.
Discussion continued regarding the application process. It was noted that Press Releases
announcing vacancies should state that applicants are encouraged to file completed
applications. Applications would not be rejected if filed by the deadline even though the
applicant did not answer all questions on the application. It was noted that the City Clerk
would provide the incumbent's previous application to Council along with any new
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June 6, 2001
Page 15 of 18
information, and the incumbent's request for reappointment. There was also discussion of
including this procedure in the resolution.
M/S Baldwin/Smith introducing Ordinance, by title only, amending Section 1200 of the
Ukiah City Code concerning the terms of office for members of City Commissions and
Boards; carried by a majority voice vote, with Councilmember Libby voting "no".
Deputy City Clerk Fierro read the title of the Ordinance.
M/S Larson/Baldwin introducing Ordinance amending Section 1200 of the Ukiah City
Code concerning the terms of office for members of City Commissions and Boards; carried
by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor
Ashiku. NOES: Councilmember Libby. ABSENT: None. ABSTAIN: None.
M/S Baldwin/Smith adopting Resolution 2001-61, Amending procedures for filling
vacancies on City Commissions and Boards as amended, and that under Section 2.
Exemptions, the paragraph after item #6, the following shall be included to the end of the
last paragraph in that section: "The City Clerk shall furnish the City Council with any
applications previously filed by such applicants."
Discussion followed concerning the motion.
Councilmember Libby requested an amendment to the one portion that the application
shall be deemed complete once signed by the applicant, "The applicant will be encouraged
to complete all questions."
Discussion followed concerning Councilmember Libby's request.
Councilmember Baldwin also suggested an amendment to the resolution.
M/S Baldwin/Larson to amend the motion to eliminate "l-b" on page 2 of the resolution
with regard to participation in he interview process.
Discussion followed concerning the motion to amend section "l-b" and the interview
requirement.
Motion carried amending the Resolution, as proposed by Councilmember Baldwin, by
eliminating section "1 -b. Participates in a personal interview, if the City Council conducts
personal interviews for the position" on page 2 from the resolution; carried by the following
roll call vote: AYES: Councilmembers Larson, Baldwin, and Mayor Ashiku. NOES:
Councilmembers Smith and Libby. ABSENT: None. ABSTAIN: None.
Motion carried concerning adoption of Resolution 2001-61, including the amendment
proposed by the City Attorney: Under Section 2. Exemptions, the following shall be
included at the end of the last paragraph after item #6: "The City Clerk shall furnish the City
Council with any applications previously filed by such applicants." by the following roll call
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June 6, 2001
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vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES:
Councilmember Libby. ABSENT: None. ABSTAIN: None.
A brief discussion followed adoption of the resolution with regard to the amendments and
content of the ordinance and resolution.
12.COUNCIL REORTS
Councilmember Larson reported that he has notes on the JPA negotiations and the
matter of fiber optics with MCOG has been occupying a great deal of his time.
Councilmember Libby reported attending the EDFC/MCOG presentation on fiber optics
and found it very educational. She attended the Chamber of Commerce's Community
Awards Banquet and the Awards Recognition Dinner for the Homeless Shelter. She asked
if anyone is interested in putting together a team to participate in the Walkathon for the
Cancer Society to take place on June 22. Discussion followed concerning details of the
Walkathon.
13. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS
City Manager Horsley reported that on Sunday, June 10th at 2:00 p.m. the new public
wing of the Museum would open. She also advised that on the same day at 4:30 p.m. is
the Commissioner's Appreciation event at the Concert in the Park at Todd Grove Park.
She reported that the City's Poet Laureate has already begun work. He will be formally
appointed at the next Council meeting.
She sent Council information that said that Governor Davis has basically told the
municipalities that he would use strong-arm tactics to get the cities to sell any excess
power they have. NCPA general Manager, George Frazier, sent out a response to the
Governor's statements, which she provided to Council. It will be in the Press Democrat
tomorrow, featuring Healdsburg and Ukiah. She provided Council with a copy of the grant
application sent out by the North Coast Rail Authority and the City of Ukiah for
improvements to the depot property.
She reported that Jim Salyers of Solid Waste Systems came to the office today and was
very upset because the County has had the off-site improvement designs for the Taylor
Drive Transfer Station for four months and has still not approved them. In addition, he had
made an agreement with the Alexander's to use part of their property as an easement for
the P.G.&E. pole. She will contact the County's Department of Transportation concerning
this matter.
She reported that the City of Petaluma may other cities are closing on Friday's to allow
flextime for staff and as a result of the energy crisis. She discussed the matter of smaller
cities being understaffed. Instead of closing Friday's, she is looking into allowing flextime
for individual employees. Discussion followed concerning the flex work schedule for
employees.
Regular 'Meeting
June 6, 2001
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14. CLOSED SESSION
a. G.C. §54957.6- Conference with Labor Negotiator
Employee Negotiations: Police Unit
Labor Negotiator: Candace Horsley
Council deferred the Closed Session item until the next meeting.
15.ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 12:15 p.m.
Marie Ulvila, City Clerk
Regular Meeting
June 6, 2001
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