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HomeMy WebLinkAboutMin 08-01-01MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, August 1, 2001 The Ukiah City Council met at a Regular Meeting on August 1,2001, 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: Larson, Baldwin, and Mayor Ashiku. Councilmembers absent: Smith and Libby. Staff present: Public Utilities Director Barnes, Community Services Director DeKnoblough, Assistant City Manager Fierro, Risk Manager/Budget Officer Harris, City Manager Horsley, Acting City Attorney Scott Johnson, Public Works Director/City Engineer Steele, and City Clerk UIvila. 2. PLEDGE OF ALLEGIANCE Councilmember Baldwin led the Pledge of Allegiance. 3. APPROVAL OF MINUTES 3a. Regular Meeting of May 16, 2001: Item 12e only M/S Larson/Ashiku to continue the matter of approving the minutes of the Regular Meeting of May 16, 2001, Item 12e only, to a meeting when a full Council is present; carried by unanimous consent, with Counciimembers Smith and Libby absent. 3. APPROVAL OF MINUTES 3b. Special Meeting of June 6, 2001 M/S Larson/Baldwin approving the minutes of the Special Meeting of June 6, 2001, as submitted; carried by the unanimous consent, with Councilmembers Smith and Libby absent. 4. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process 5. CONSENT CALENDAR M/S Larson/Baldwin approving items a through c of the Consent Calendar as follows: a. Received Report to Council Regarding the Purchase of Services from Ashford Heating and Cooling for the Replacement of Two Heating and Air Conditioning Units for the Civic Center in the Amount of $9,799.22; b. Approved Budget Amendment for "Trees for the Millennium" Grant; c. Approved Budget Amendment for Emergency Repairs at the Ukiah Regional Airport. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Councilmember Smith and Libby. ABSTAIN: None. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Jennifer Puser, 309 Jones St., addressed Council concerning the most recent interview Regular Meeting August 1,2001 Page 1 of 7 process for applicants to various City commissions. She stated that she is supportive of Council interviewing applicants, however, she expressed her concern with some of the questions asked of her by Councilmember Libby during her interview for appointment to the Planning Commission. She stated for the record that she has worked with City staff for five years and has a good working relationship, and hopes that will continue. She felt it is important for Council to state their reasons for making decisions. Mary Lindley, U kiah, called attention to Councilmember Baldwin's letter to the editor in the Ukiah Daily Journal on July 29, 2001 concerning flags along State Street. It was her opinion that inaccurate statements were made in his letter and felt that he should have addressed the group that initiated the flag program if he had questions or concerns. 7. UNUNFINISHED BUSINESS 7a. Discussion and Possible Action Regarding Commission Appointment Process City Manager Horsley recommended this matter be continued since Councilmember Libby requested to be present when this issue was addressed. Consensus of Council was to continue the matter to the first meeting in September when a full Council would be present. 7. UNFINISHED BUSINESS 7b. Discussion and Update of Ukiah Skatepark Community Services Director DeKnoblough advised that at the June 6 meeting, Council discussed potential sites for the development of a skatepark within the City of Ukiah. He reported that it is REMIF's policy that regardless of size, the skate area would be required to be enclosed with a security fence and locked during non-operating hours. Under these circumstances, staff is not supportive of providing individual elements in City parks due to the visual impact and the increased staffing requirements needed at the parks. He reported that staff discussed this matter with Skatepark Committee representatives and it was their consensus to put resources towards the development of a larger park. The two sites identified as having the best potential for a skatepark are both located on Low Gap Road. One is in the area of Low Gap Park and west of the Ukiah Players Theater and the second site is east of the Ukiah Players Theater that is currently under option by the Mendocino County Office of Education (MCOE). He discussed meeting with County staff concerning the first Low Gap Road site and the City would need to come to an agreement with the County on certain logistical and liability issues. He felt the MCOE site would be the most ideal location for a skatepark because it is the appropriate size, has the proper configuration, and good visibility. MCOE is developing preliminary plans for a facility and have completed core testing. They have agreed to take the scoping and development of the plans for the project on a fast track so that they can determine the actual amount of land that they will need for their project. Mayor Ashiku noted that the Staff Report indicates that it is not practical to provide any Regular Meeting August 1,2001 Page 2 of 7 elements in any of the City owned parks. During the meeting with MCOE Superintendent Tichinin, he felt it was made clear that they have a full development planned for that project and are moving forward at a reasonable pace. In reviewing other alternative sites, he felt it would be difficult to locate some of the skateboarding concepts elsewhere and make it workable. There was also discussion of the site behind Ukiah Players Theater as being a more viable option. Larry Wise, Willits, spoke on behalf of Superintendent Tichinin and read a prepared stated from MCOE that stated that MCOE and Superintendent Tichinin are committed to assisting in the location of a site for a skate facility. He discussed the phases of their project. Fran Miller, Justin Capri, Carole Elshire, Mimie N., and Joe Chiles voiced their support for the City to develop a skatepark in Ukiah and expressed concerns with liability issues, and having a safe environment for skaters. Most of the speakers voiced their support for the western site on Low Gap Road near the Ukiah Players Theater. Concern was also expressed that the County should help to contribute funds for the skatepark since many of the participants live outside the City Limits. City Manager Horsley discussed liability issues ad explained that when the REMIF Board agreed to cover skateboarding parks, they had certain criteria that had to be followed in order for the skateboard park to be covered by insurance. Councilmember Baldwin inquired if the area between the tennis courts and the Playhouse would allow sufficient room for a skatepark. Mr. Capri responded affirmatively and noted that the site is his number one choice. He explained that he has suggested construction of a noise barrier wall that would blend with the park and eliminate a lot of noise and viewing problems that may be associated with the activity of the skatepark. He also suggested the skatepark could be closed during productions at the Playhouse. He discussed the ban on skateboarding in the downtown area and requested that Police Officers do not confiscate the skateboards. It was the consensus of Council that the City not pursue installation of individual elements in City parks. It was also the consensus of Council that City Staff continue to work with Ukiah High School and the Skatepark Committee to attempt to resolve some issues related to site selection. It was noted that, once a site has been selected, the Skatepark Committee could begin fundraising efforts. 7. UNFINISHED BUSINESS 7c. Authorization for City Manager to Execute First Amendment to Agreement with Sonoma County For Use of Healdsburg Transfer Station City Manager Horsley advised that Sonoma County is requesting modifications to the agreement to clarify certain issues and establish penalties in the event of non-compliance. Regular Meeting August 1,2001 Page $ of 7 She discussed her Staff Report that detailed the modifications requested and the previous agreement. Staff concurs with the amendments and appreciates Sonoma County's efforts to facilitate the disposal of our waste. An agreement between the City and SWS will be necessary to insure that any fees and all penalties are paid by SWS. A brief discussion followed concerning a non-performance penalty, and it was noted that the new agreement states that SWS will be penalized if they do not abide by that rule. It was noted that SWS has the franchise for the Healdsburg Transfer Station. M/S Larson/Baldwin authorizing the City Manager to execute the First Amendment to the Agreement with Sonoma County regarding use of the Healdsburg Transfer Station after an Agreement with Solid Waste Systems, Inc. to pay all relevant penalties is secured; carried by the following roll call vote: AYES: Councilmembers Larson, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Councilmember Smith and Libby. ABSTAIN: None. 8. NEW BUSINESS 8a. Consideration of Red Cross Request for Waiver of Rent City Manager Horsley advised that the Mendocino County Chapter of the American Red Cross currently leases a portion of the City's North Fire Station facility, located at 1800 North State Street, for $1,000 per month. They have been behind on their rent and utilities and City staff has been working with them. In June they had a fundraiser and lost $25,000. She discussed a letter received from the Red Cross describing its financial situation and asking the City to forgive the past due rent the amount of $5,400 owed by the Red Cross for rent, as well as future rent through September 2001, for a total rent of $7,430. In addition, the Red Cross owes the City $1,700 in past due utility usage, which will be approximately $2,500 if usage remains the same by September 2001. She recommended that Council defer, rather than waive the rent from April to September 2001, because there is a possibility that the National Chapter of the Red Cross may pay the debt. If this does not occur, then Staff would recommend that the debt be waived. In addition, there are several issues regarding the facility that need to be considered in the near future with regard to major repairs needed. Leslie Kershow, Chairperson of the Board of Directors of the Mendocino County Chapter of the American Red Cross, explained that they are a humanitarian organization that provides relief to victim of disasters and helps people prevent, prepare for, and respond to emergencies. All disaster assistance provided by the Chapter is free and provided based on need. These services are made possible by voluntary donations of time and money by people within Mendocino County. Unfortunately the Chapter is facing significant financial problems, which have come up as a result of the critical decline in the donations that they depend on and a steady increase in the services that they provide. She discussed the services they provide and their fundraising efforts and how their last event put them further in debt. She concurred with the City Manager's recommendations and, if approved by Council, they will present a Recovery Plan to Council in September. Rick Paige, Executive Director of the Mendocino Emergency Services Authority (MESA), Regular Meeting August 1,2001 Page 4 of 7 and Carole Brodsky, Executive Director of the Mendocino County Chapter of the American Red Cross, strongly urged Council to consider the waiving of the past due and future rents for the Mendocino County Chapter of the American Red Cross. M/S Baldwin/Larson approving deferral of Red Cross rent through September 2001, and request presentation of the Recovery Plan by the Red Cross in September 2001. Discussion followed concerning staff's recommendation to defer, rather than forgive, the debt. It was noted that the Red Cross has been very supportive and a good neighbor to the Homeless Shelter. Appreciation was expressed for the services provided by the Red Cross to the community. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Councilmember Smith and Libby. ABSTAIN: None. 8. NEW BUSINESS 8b. Approve Extending Traffic Signalization Fund for South Orchard Avenue ar~r~ East Gobbi Street City Manager Horsley provided Council with additional information concerning the matter with regard to making findings on the matter. Assistant City Manager Fierro advised that on Mayor 16, 1990, the City Council approved a traffic signalization improvement fund for the intersection of South Orchard Avenue and East Gobbi Street. As a result of a recent traffic study, staff is committed to constructing the intersection improvements within the next three to five years. Staff will be applying for Mendocino Council of Governments (MCOG) infrastructure funds to supplement existing monies for the completion of this capital improvement project. Discussion followed concerning the money anticipated to be raised from the fees and that it would depend on how soon the development would occur and the type of development. City Manager Horsley explained that it is anticipated that, with the number of parcels remaining, the fees will not cover the total cost of the signal. Therefore, the City is applying to MCOG and other sources to supplement the development of the signal. She explained that this zone does not include the Porzio Lane acreage because when it was originally set up, it was not included. Public Works Director/City Engineer Steele explained that she received advice from City Attorney Rapport that the City could amend the Assessment District to include the Porzio Lane area but staff would need to come back before Council with an action to amend the Assessment District. She explained that as per the original Resolution, the Assessment Fees were only expected to collect 52% of the money towards the signal. Councilmember Larson expressed his support to direct staff to broaden the assessment Regular Meeting August 1,2001 Page 5 of 7 district, based on the circulation and traffic studies that will be conducted, in order to develop the broadest nexus possible in terms of that assessment district, and any others that may be necessary. Discussion followed concerning the traffic studies already conducted. M/S Larson/Baldwin determining that South Orchard Avenue and East Gobbi Street traffic signalization fees has been appropriately reviewed, the fee is still necessary, and approving extending the traffic signalization fund for South Orchard Avenue and East Gobbi Street until all applicable properties have been fully developed, and making the findings in accordance with Addendum A-1 to the Staff Report; carried by the following roll call vote: AYES: Councilmembers Larson, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Councilmember Smith and Libby. ABSTAIN: None. 8. NEW BUSINESS 8c. Approval of Agreement with County of Mendocino for Cost Sharing of Facility Construction and Financing for the County Animal Shelter City Manager Horsley advised that the County of Mendocino has been developing the architectural plans for enlargement and improvement of the County's Animal Shelter facility on Plant Road. Under SB 1785, the Hayden Bill, the County is being required improve and enlarge their facility. Due to legislation in the 90's, cities are now required to pay their proportionate share of costs for animal control activities. A formula was established that represents the City's share and will be changed every five years, depending on the number of animals. The agreement also stipulates that if the counties are successful in having this be a state mandated reimbursement cost, that the City will also share in that benefit as far as whatever they reimburse for. The total estimated construction cost of the animal shelter facility is $1.7 million. M/S Larson/Baldwin approving Agreement with County of Mendocino for cost sharing of facility construction and financing for the County Animal Shelter; carried by the following roll call vote: AYES: Councilmembers Larson, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Councilmember Smith and Libby. ABSTAIN: None. 9. COUNCIL REPORTS Councilmember Baldwin advised that his letter to the editor of the Ukiah Daily Journal was submitted as a private citizen, not as a Councilmember. Mayor Ashiku discussed the article in the Press Democrat regarding geothermal facilities in Lake County and the wastewater recharging of the geysers. He has further information he can provide to Council on the matter. 10. CITY MANAGER/CITY CLERK/DI RECTOR REPORTS City Manager Horsley advised that last night she received a phone call from Supervisor Shoemaker, Mayor Ashiku, and the Thomas family. Solid Waste Systems finally received their permit from the County to construct the road and off site improvements, and they Regular Meeting August 1,2001 Page 6 of ? began last week. Coincidently, this is the opening of pear season. She related her discussions with the Thomas' and that the City would do all it could to coordinate around their schedule. After meeting with the contractor and Solid Waste, they have agreed to pave the entire road by Tuesday night. She discussed the Thomas' concern with over 160 trucks coming into that area in the next two weeks to process the pears. The Thomas' are appreciative of Solid Waste Systems for that consideration. Staff will monitor the activity during the next two weeks. She referred to the Mendocino County Air Quality District letter that was sent to Council inviting Councilmembers to participate in an Air Quality Management Advisory Committee. Councilmember Baldwin expressed an interest in participating on the Committee. Mayor Ashiku explained that a city is requesting the City's representative to the League of California Cities meet with them for one hour to discuss small city agricultural issues in Sacramento. He also advised that NCO has inquired if there is any interest in a Councilmember serving on their Board. City Manager Horsley advised that she asked Public Utilities Director Barnes prepared a memo regarding NCPA's upcoming events. She thanked the City Clerk for providing a binder containing Staff Reports relative to the City Council meeting for public review. Adjourned to Closed Session: 8:08 p.m. 11. CLOSED SESSION a. G.C. §549567.6 - Conference with Labor Negotiator Employee Negotiations: Fire Unit Labor Negotiator: Candace Horsley No action taken. 12.ADJOURNMENT There being no further business, the City Council meeting was adjourned at 9:15 p.m. Marie Ulvila, City Clerk Regular Meeting August 1,2001 Page 7 of 7