Loading...
HomeMy WebLinkAboutMin 09-05-01MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, September 5, 2001 The Ukiah City Council met at a Regular Meeting on September 5, 2001, the notice for which had been legally noticed and posted, at 6:32 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 Utilities Director Barnes, Community Services Director DeKnoblough, Assistant City Manager Fierro, Risk Manager/Budget Officer Harris, City Manager Horsley, Associate Planner Keefer, Associate Planner Lohse, City Attorney Rapport, Deputy Public Works Director Seanor, Public Works Director/City Engineer Steele, Planning Director Stump, and City Clerk UIvila. 2. PLEDGE OF ALLEGIANCE Councilmember Smith led the Pledge of Allegiance. 3. APPROVAL OF MINUTES 3a. Regular Meeting of May 16, 2001: Item 12e only Councilmember Libby advised that the City Clerk prepared detailed minutes of item 12e of the May 16, 2001 City Council meeting for clarification purposes which are included in the Staff Report for item 8a, Unfinished Business, of the current meeting's agenda. She requested that Council use the detailed minutes concerning item 12e of May 16, 2001 for the record rather than the summary minutes. Mayor Ashiku consulted with the City Attorney regarding this matter and was advised there is no problem with the request by Councilmember Libby. Councilmember Libby explained that the detailed minutes presented under item 8a on the Agenda do not include the motion regarding term limits and that the motion be included in the minutes. Discussion followed concerning the request and it was noted that the motion regarding term limits of commissioners is contained under agenda item 3a, page 24 of 26 of the draft minutes, and should be included with the detailed minutes contained under agenda item 8a. Councilmember Libby requested a correction to the detailed minutes included under item 8a, on page 4 of 6, fourth paragraph, the second, third, and fourth sentences should read "The City Clerk should say that the completed application must be turned in to be a qualified application. You have said before that you don't have to complete applications. I have looked through the codebook and cannot find that anywhere." M/S Libby/Baldwin approving the minutes of the Regular Meeting of May 16, 2001, Item 12e only of the detailed minutes, to include the motion regarding the term limits, as well as Regular Meeting September 5, 2001 Page I of 2.2 the amendment to page 4 as recommended by Councilmember Libby; carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Ashiku. NOES: Councilmember Larson. ABSENT: None. ABSTAIN: None. 3. APPROVAL OF MINUTES 3b. Re.qular Meeting of June 20, 2001 Councilmember Libby stated that she would have preferred that the portion of the minutes concerning the Planning Commission interviews contain more detail because it received considerable news attention. She requested clarification concerning the motion contained on page 5 regarding the installation of small regional components in the park. She thought the motion had been changed that staff would research the cost of the elements and discuss insurance issues with REMIF. Discussion followed concerning the matter. It was the consensus of Council that the motion should read "M/S Baldwin/Ashiku directing staff to investigate installing small regional components in every park, except McGarvey Park." Councilmember Libby recommended a correction to page 14 of 15, under Councilmember Libby's report, second paragraph, the third and fourth sentences should read "They were contacted by Assemblywoman Strom-Martin's office that she had nominated the City of Ukiah's Cultural and Recreation Center project to receive a $600,000 grant. They will be applying for the California Endowment Grant in the amount of $2.5 million over a two-year period." M/S Baldwin/Libby approving the minutes of the Regular Meeting of June 20, 2001, as amended; carried by the following roll call vote: AYES: Councilmembers Larson, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: Councilmember Smith. 3. APPROVAL OF MINUTES 3c. Regular Adjourned Meeting of June 26-27, 2001 M/S Larson/Smith approving the minutes of the Regular Meeting of June 20, 2001, as submitted; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 3. APPROVAL OF MINUTES 3d. Special Meeting of July 5, 2001 Councilmember Larson recommended a correction on page 3, third paragraph, regarding the nomination of Michael Correll. The sentence should read: "M/RC Ashiku/Smith nominating Michael Correll to the Planning Commission." Councilmember Libby stated that the nomination process for the Planning Commission was out of turn. Discussion followed concerning the matter and it was decided that the minutes concerning Regular Meeting September 5, 2001 Page 2 of 22 the nomination process would be reviewed by the City Clerk to determine where the error occurred and to advise Council accordingly. M/S Smith/Larson approving the minutes of the Special Meeting of July 5, 2001, as amended; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 4. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. PRESENTATION Councilmember Larson, 123 Clara Avenue, addressed Council on behalf of the Ukiah Senior Center to commend Police Chief Williams and Police Captain Walker for their safety and security work during the recent Wild Game Feed. Hyoca Bells, new Executive Director of the Ukiah Senior Center, thanked the Ukiah Police Department for all their help and expressed her hope that the City and the Center could continue to work as partners. 5. CONSENT CALENDAR M/S Larson/Smith approving items a through g of the Consent Calendar as follows: a. Adopted Resolution No. 2002-05 Setting the Limitation on City Expenditures for Fiscal Year 2001-2002; b. Approved Budget Amendment for Fire Consolidation Costs; c. Authorized the Mayor to Execute Lease Agreement with the Ukiah Rod and Gun Club for the Use of the Liquid Oxygen Building Located at the Lake Mendocino Hydro Project; d. Awarded Bid to Turf Star Inc., for the Purchase of Two Replacement Mowers for the Golf and Parks Divisions and Approval of Budget Amendment; e. Adopted Resolution No. 2002-06 Supporting North Coast Railroad Authority Transportation Enhancement Activities Grant and Designating the City as Grant Fiscal Conservator; Awarded Bid for 2-Axle Dump Truck to Hayward Ford in the Amount of $54,162.33 for the Department of Public Works; Awarded Bid for 2-Axle Truck Cab and Chassis to Harper Ford Country in the Amount of $20,587.50 for the Department of Public Works. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Laura Golino DeLovato, Executive Director of the Ukiah Community Center, presented each Councilmember with a decorative basket of vegetables from the Community Garden Project located on Cleveland Lane. She thanked the City for supporting the project and noted that the vegetables are shared with Plowshares. Regular Meeting September 5, 2001 Page 3 of 22 7. PUBLIC HEARING *7a. Approval of Exception to Minimum Lot Width Standard to Accommodate Three Existing Homes and Facilitate a Subdivision of Land in the R-1 (Single Familv Residential) Zonin.q District for Alice Evans Minor Subdivision/Exception No. 01-26 Mayor Ashiku announced that this Public Hearing requires a quasi-judicial action and a poll of Council was taken which revealed each member had visited the site. Planning Director Stump advised that this matter concerns a requested exception to the City's Subdivision Ordinance. Associate Planner Keefer advised that Alice Evans owns property in a R-l, Single Family Residential zone, located at the corner of Wabash and Cresta Drive. The project consists of a Minor Subdivision application to allow the division of a 1.35 acre parcel into four lots and an undeveloped remainder parcel, and an Exception application to allow two of the proposed lots to be established with a lot width of 50 feet and one to be established with a width of 52 feet instead of the 60 feet required by the City Subdivision Ordinance. The Exception is requested to accommodate three existing residential structures that were established in accordance with a 50-foot minimum width standard in 1960. He discussed the project and details of each of the three parcels with regard to lot dimension, setbacks, minimum lot width, and the Exemption to the lot width being requested by the applicant. The four existing homes on the site were moved to this location at a time when the 50-foot lot width was the minimum acceptable standard for the R-1 zone. The Planning Commission reviewed the Exception application on August 8, 2001 and unanimously supported the Exception to the lot widths, and adopted Findings Nos. 1-5. Public Hearing Opened: 7:05 p.m. Dick Seal, agent for Mrs. Evans for the minor subdivision, complimented staff on their report as being very thorough and complete. Public Hearing Closed: 7:06 p.m. Councilmember Larson discussed Finding #1 for Parcel #2 that states that the Exception is necessary to maintain the required minimum setbacks. He felt that since land is available on the southern border the parcel could be extended. He felt there is no finding that could support an Exception for Parcel #2. He was supportive of Exceptions to Parcels #1 and #3, but not #2. Discussion followed regarding Parcel #2 and the issue of granting a special privilege by allowing the parcel to be 50 feet in width, when actually the smallest parcel on that street is 57 feet. There was also discussion as to how Parcel #2 could be developed. Mr. Seal thought that Council could make a finding that there are existing homes on these Regular Meeting September 5, 2001 Page 4 of 2,2 parcels, except the remainder parcel, otherwise, if the property were vacant, they would need to comply with the 60-foot setback requirement. Discussion continued concerning the Findings and if they could be applied to all parcels related to the project. Planner Keefer advised that Finding #1 is a required finding for an Exception. City Attorney Rapport explained that, according to the City Code, Council needs to make certain findings related to the project and discussed what those findings are. Further discussion followed relative to the location of the homes to the property lines, setbacks, and issues related to the Exemption. M/S Libby/Smith adopting the necessary Findings and approving the requested Exemption to the minimum lot width standard for the Alice Evans Minor Subdivision Application No. 01-26. M/S Baldwin/Larson amending motion to exclude Parcel #2 and Finding #1 from the Exemption. Discussion was had concerning the amendment to the original motion and the owner's intent to bring the property into conformity. Motion concerning the amendment to the motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: Councilmember Libby. ABSENT: None. ABSTAIN: None Motion concerning the original motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: Councilmember Libby. ABSENT: None. ABSTAIN: None 7. PUBLIC HEARING 7b. Adoption of Resolution Establishing a Residential D-PM Electric Rate for Photovoltaic Unit Interconnection With the City of Ukiah's Electrical System and Authorizing the Director of Public Utilities to Execute Interconnection Agreements with Residential Customers Requesting to Interconnect Photovoltaic Systems with the City of Ukiah's Electrical System Public Utilities Director Barnes advised that the proposed Rate Schedule D-PM and the interconnection agreement is required to comply with Section 2827 of the Public Utilities Code. Section 2827 requires that electric utilities offer net metering to residential customers who install and operate solar electric generating facilities of less than 10 Kilowatts (Kw) or less to their residences. He explained that the Net Energy Charge of $0.15321 equals the Tier II energy rate for residential customers under the current residential rate. The rate will be adjusted annually to account for changes in generation Regular Meeting September 5, 2001 Page .5 of costs. He explained that staff is requesting approval of Rate Schedule D-PM setting net energy charges and authorizing a $3.00 per watt rebate to be funded as a Public Benefits Program. In addition, staff is requesting that Council authorize the Director of Public Utilities to execute the interconnection agreement with Bruni Kobbe and that he be authorized to execute all other interconnection agreements relative to the photovoltaic system. He further explained that staff is anticipating that they would use the $3.00 watt from the Public Benefits Fund that is anticipated to be accumulated over the next 10 years. Considerable discussion followed concerning the proposal and potential impacts to the Public Benefit Fund if there were an abundant of applications for this program. There was also some concern expressed regarding the size of the rebate and size of the system being connected. Councilmember Baldwin expressed concern that if a number of these projects (20-40) were approved, they could conceivably use up the entire Public Benefits Fund. He is supportive of the program, however, he noted his concern with the size of the rebate. Director Barnes explained that if the Public Benefits Fund were not used for this program, the City would either not pay the rebate or the funds would have to come out of Public Utilities Reserve funds. There is no mandate by the state with regard to the amount of the rebate. He explained that under the Investor Owned Utilities, and SB5x monies and 29x monies, customers under the Investor Owned Utilities are able to receive up to $5.50 per Kw installed back. He explained that this program is targeted toward residential use only at this time. Mayor Ashiku shared Councilmember Baldwin's concern with capping the amount that comes from the Public Benefits Fund so that we don't destroy the program currently in place. This proposal is part of the legislature's intent of fulfilling the need for developing new generation. He is supportive of the program but expressed a need to look at how much this would impact the Public Benefits Fund. Public Hearing Opened: 7:30 pm Bruni Kobbe stated that there is a possibility that funds may be available through the California Public Energy Commission to supplement the City's funds. Jan Noe, 1021 West Perkins Street, advised that in 1985 she installed a passive solar hot water system at her residence because it was a tax rebate and it has reduced her P. G. & E. bill greatly. She encouraged Council to move forward in this direction. Public Hearing Closed: 7:31 p.m. Councilmember Larson was of the opinion that the program may be beneficial, however, he expressed concern with the Public Benefits Fund, and attempting to maintain Iow rates into the future, as well as maintaining a fund to provide assistance to Iow-income people. Regular Meeting September 5, 2001 Page 6 of 22. This is an investment in energy production for the City. Mayor Ashiku raised questions about the interconnection agreement and recommended staff investigate safety hazards in case the system failed. He questioned what would happen if power is lost and if there would be liability issues the applicant needs to be aware of. Director Barnes explained that liability issues could be incorporated into the agreement. He fielded a question from Councilmember Libby concerning the net metering charge of $0.153 being used instead of $0.124 and explained that $0.153 is the City's Tier-2 Residential Rate. Upon questioning by Councilmember Baldwin, Mr. Barnes explained that the state legislation was passed about two years ago and Ms. Kobbe's application is the first interconnection agreement request received by the City. Discussion followed pertaining to liability issues and it was noted that the City Code contains certain provisions that limit the City's liability for undercharging or overcharging of rates. There was also discussion regarding utilizing the Public Benefits Fund for rebates to this program. Some discussion was also had relative to insurance requirements and the amount of the rebate. It was suggested that a cost analysis is necessary to determine how the rebate would affect the Public Benefits Fund. Council discussed considering taking separate action on the agreement and the rebate. Further information was requested concerning information on the balance of the Public Benefits Fund and the status of the C.A.R.E.S. program. City Manager Horsley explained that the latest report on the C.A.R.E.S. program indicated there is an annual income of $360,000 and Director Barnes noted there is currently about $1.2 in reserves, and about $120,000 is spent on the C.A.R.E.S. program. Further discussion followed concerning defining the rebate and it was noted by staff that there are plans to present an update of the C.A.R.E.S. program at the next meeting and Council would have an opportunity to make a determination at that time. Councilmember Larson was of the opinion that Council should wait before establishing a rebate because it is critical for their budgets. The rebate is the key component to the program. Mayor Ashiku was of the opinion that the $3 rebate is workable and would not have a significant impact on the program. He felt it would be unfair to future applicants or Ms. Kobbe if Council approved an amount at this time, and then amended at a later date. He preferred that the matter related to the Public Benefits Fund be continued to the September 19, 2001 meeting, and that further information concerning the rebate is brought back to Council at that time for discussion. M/S Baldwin/Ashiku Adopting Resolution 2002-07, Establishing a Residential Photovoltaic System D-PM Electric Rate in the City of Ukiah, authorizing the Director of Regular Meeting September 5, 2001 Page 7 of 22 Public Utilities to execute interconnection agreements with residential customers requesting to interconnect photovoltaic systems with the City of Ukiah's electrical system, establishing the electric rate for the interconnection agreement, and that the matter of the rebate related to the Public Benefits Fund and the Public Hearing be continued to September 19, 2001. There was some discussion concerning the content of the motion. Director Barnes explained that Council could authorize the interconnection agreement without authorizing the rate for it. Councilmember Baldwin explained that he is very torn on the project because he sees it as very positive for the community and expressed concern for how we can relate this to the original intent of the Public Benefits Fund and assure that there will be money left over in the fund over the next 10 years to help the poor and at the same time do the right thing with regard to energy conservation. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None 9. NEW BUSINESS 9e. Discussion of Flag Project Fundin_(I (Mayor Ashiku) City Manager Horsley advised that the Mayor has asked that a discussion of the Veterans' Flag Project, which Council assisted in funding last October, be agendized for Council discussion as there was controversy in the local newspaper regarding the flags and when they can be placed in the City's right-of-way. There was also some discussion by Councilmember Baldwin in a letter regarding the City's approval of part of the Flag Project. There has some indications that some Councilmembers would prefer to delineate the exact days the flags can be flown and staff is recommending that this be accomplished through an Encroachment Permit. The Veterans have contacted the City regarding a permit to fly the flags for the Early Iron Car Club event to be held at the end of September. Mayor Ashiku advised that there has been a great deal of controversy regarding this item and he felt it is time for Council to clarify it's intention at the time the Veteran's Flag Project was approved. Mary Lindley, 700 East Gobbi Street, advised that Operation Flags did not give permission to the Early Iron Club to fly the flags and that Rick Hanson was going to apply for a permit on their behalf. Jerry Erickson, 630 Ellen Lane, Redwood Valley, speaking on behalf of the Veterans, discussed the Operation Flags project that was supported in part by a grant from the City. He stated that they received a positive response from the community. He discussed displaying the flags from Flag Day through the Fourth of July and how the project was organized. He revealed the results of a survey they conducted that asked specific Regular Meeting September 5, 2001 Page 8 of 22 questions related to when the flags should be displayed on State and School Streets. In summary, many wanted to have the flags displayed more often. He provided Council with a copy of the results of the survey and submitted completed survey sheets for the record. He stated that the Veterans would like to see Operation Flags continue to display their symbol of peace and freedom and we are proud to be Americans. Morrey McCloud, Snuffin Street, discussed the City's display of the flag in the Council Chambers and flown outside City Hall. Mary Lindley, 700 E. Gobbi Street, voiced her support for Operation Flags felt Councilmember Baldwin's statements in letter in the newspaper are intolerable and that he owes the community an apology. Albert Krauss, Ukiah, provided written information to Council with regard to options for designating certain days to display the American flag. He encouraged Council to continue to support the unique way in which the Veterans are displaying the flag and to provide guidelines as to which days the flag can be displayed along State and School Streets. City Manager Horsley explained the process for obtaining an Encroachment Permit through the Public Works Department, Engineering Division, for anything that's within the City's right-of-way. She discussed drilling of holes on the sidewalk and considerations that needed to be taken into account, such as not obstructing the view of vehicles. Councilmember Baldwin was of the opinion that the flags that were funded with taxpayers dollars should be used only by the organizations that applied and not used for advertising purposes or to promote commercial ventures. He felt that flying the flags nine days during the year is more powerful than displaying the flags over a consecutive 20 day period of time. He recommended Council support the application, which says flags are to be flown on national holidays, and limit the Encroachment Permit to Labor Day, Martin Luther King Day, Memorial Day, Veterans Day, Lincoln's Birthday, Washington's Birthday, July 4th, Thanksgiving, and Flag Day. Councilmember Libby stated that it is her opinion that the letter by Councilmember Baldwin to the newspaper clearly gave the impression that he was speaking for the entire Council, and that is not true. She didn't think that an Encroachment Permit was even required and that it is only required to specify the days in which the flags could be displayed. City Attorney Rapport explained that an Encroachment Permit is required if you are going to use the public right-of-way, and would be needed to display the flags in the holes that were designed for them. Councilmember Libby referred to individuals standing on street corners with signs and inquired if they need an Encroachment Permit. Regular Meeting September 5, 2001 Page 9 o£ 22 City Attorney Rapport advised that they do not need an Encroachment Permit because it is a public forum area and they have the right of free speech. Operation Flags is a use that was sponsored by the City and the facilities were purchased and installed with the aid of the City in the public right-of-way pursuant to an Encroachment Permit. He continued to discuss the differences between the two situations. Councilmember Libby stated that she did not have a problem with the judgment used by those that put the flags out and is supportive of the program. She was of the opinion that there is no need to specify the days for displaying the flags in the Encroachment Permit. City Manager Hor$1ey explained that the current Encroachment Permit does not list specific days but allowed them to have the holes installed and to put the flags in the holes. She provided Council with a history of flags that were previously displayed in the public right-of-way. M/S Smith/Ashiku to allow display of the flags on the following holidays: New Years Day, Memorial Day, Presidents Day, Labor Day, Armed Forces Day, Martin Luther King Jr. Day, Labor Day, July 4th, and during the period of Flag Day (June 14th) through July 4th, with an annual renewal of an Encroachment Permit based upon the proof of insurance. Winifred Dunn, 628 Ellen Lynn, Redwood Valley, discussed the appropriate days and how to fly the flag. She only flies her flag according to the days designated on the Daughters of the American Revolution calendar and does not recommend the flag be flown every day. Darryl McKevin, 4500 Lakeridge Drive, did not think a permit or insurance were required at that time the flags were displayed years ago. Richard Charvin, 1522 Daphne Drive, Willits, did not understand why there is an issue of flying the flags from June 14 through July 4~h since it is a display of patriotism. Councilmember Libby inquired that if the Encroachment Permit limited the holidays to those on their survey, would the Flag Group find that acceptable. Jerry Erickson stated that they would like to display the flag on the days listed in their survey. Councilmember Larson discussed his observations of the flags and felt the display was impressive, however, he was not supportive of the continuous display of the flags for two weeks. He noted that during that period of time, not all businesses participated in the display, which lessened the effect of the project. Councilmember Baldwin discussed his family's participation in the armed services. He encouraged an amendment to the Motion to limit the display of the flag to 10 holidays per year. Regular Meeting September 5, 2001 Page ]0 of 2.2 Mayor Ashiku advised that he was a bit overwhelmed by the second week into the flag display and felt it was loosing its affect. However, a number of people have expressed to him that it was suitable. In the spirit of fulfilling his commitment to the wishes of the public, he is supportive of the motion. Councilmember Smith called for the question. Mayor Ashiku was of the opinion that if a person wants to fly a flag in the public right-of- way, they need to obtain an Encroachment Permit. It is inappropriate for them to be using flags that the City purchased. He felt there should be some discretion if another non-profit organization wants to use those flags with the issuance of an Encroachment Permit. Councilmember Baldwin stated that he is very supportive of the City with its action to fund this program based on an application that said the flags would be flown on national holidays, however, he was not supportive of three consecutive weeks as proposed. Councilmember Libby explained that she is supportive of the motion since the group is also comfortable with the days specified. Councilmember Larson requested he be allowed to comment on the motion. Councilmember Smith advised that it is his understanding that when the maker of the motion calls for the question, it cuts off debate. Councilmember Baldwin disagreed with Councilmember Smith. City Attorney Rapport explained that it is his recollection that if you call for the question, that cuts off debate. Mayor Ashiku inquired if the maker of the motion would yield to Councilmember Larson's request to speak on the matter and Councilmember Smith did. Councilmember Larson stated that he will be voting "no" on the motion and means no offense to the Veterans organization that established this project, and that he is making a personal statement. He supports their efforts to display the flags, however, he is not supportive of the flags being displayed continuously over a three-week period of time. Mayor Ashiku thanked Council for considering this matter and the public for their comments. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, and Mayor Ashiku. NOES: Councilmembers Larson and Baldwin. ABSENT: None. ABSTAIN: None Recessed: 8:50 p.m. Regular Meeting September 5, 2001 Page 11 of 22 Mayor Ashiku left the Meeting at 9:05 p.m. Reconvened by Vice-Mayor Baldwin: 9:06 p.m. 8. UNFINISHED BUSINESS 8a. Discussion and Possible Action Regarding Commission Appointment Process City Manager Horsley advised that when the City Council adopted a Resolution regarding the appointment process, there was a question thereafter regarding whether or not the applicants had to be interviewed. The discrepancy involves a statement on Page 2 of the July 5, 2001 City Clerk's Agenda Summary Report (ASR), in the last sentence of paragraph 2. The sentence states, "However, incumbents seeking reappointments for an additional term are exempt from the interview process." The Resolution states that applicants will participate in a personal interview if the City Council conducts personal interviews for the position, but it does not state that incumbents do not need to comply with the interview requirements. Upon review of the two Council discussions on this item it appears that the Council passed a motion to allow candidates to choose whether to participate or not in the interview process. She referred to the June 6, 2001 minutes concerning the motion approved by Council that personal interviews were no longer required. Whether this motion was for incumbents only or for all candidates is unclear and in either case, is not included in the Resolution. Staff is requesting Council's final determination on this item for possible revisions to the Resolution. Additionally, Staff is requesting Council's approval to include the Commissions that require interviews so they can be included in the Resolution. Mayor Ashiku returned to the meeting at 9:08 p.m. Discussion followed concerning Council's action at the June 6, 2001 meeting regarding approval of a motion to amend the Resolution by eliminating section "1 b." of the proposed Resolution. City Attorney Rapport advised that Staff could prepare a revised Resolution for Council to review. An alternative would be for Council to specifically state in the minutes of this meeting exactly how it wants that particular section of the Resolution to be worded. Discussion continued as to how the error on the Resolution may have occurred. It was noted that the minutes reflect clearly Council's actions, however, the section regarding interviews was omitted from final the Resolution. Mayor Ashiku advised that there is a request by Councilmember Libby to reexamine the actions that Council took at the June 6th meeting. Councilmember Libby referred to page 7 of the Draft Minutes of the June 6, 2001 meeting whereby a statement was made by the City Manager that "the City Clerk will submit the previous application to the City Council." This was supposed to be included in Regular Meeting September 5, 2001 Page 12 of 2.2 the Resolution under heading "2. Exceptions". She stated that she submitted a letter to the Councilmembers expressing her thoughts on the matter and felt Council contradicted itself in the Resolution when they were looking at what committees would be interviewed and that interviews would be optional. When she asked for a consistency in the policy of applications, she was referring that everyone should have a completed application and that we not be selective of who can turn in an uncompleted one and who can't. She felt Council contradicted itself to what was said in the Resolution and what was discussed. She felt the last nomination process was very chaotic and asked that Council take another look at this because the previous Resolution used a uniform procedure that ensured a fair and consistent treatment of candidates. She also asked that Council look at the term limits again. She felt this is not what the general public wants. City Attorney Rapport explained that if Council wants to amend the ordinance, they should direct staff to bring an amended ordinance back to Council for consideration at a subsequent meeting. Councilmember Baldwin explained that the current process of commission appointment is flawed. He discussed the current process and felt that this process gives a three person majority authority to deny the varied perspectives of voting constituencies in Ukiah representation on our commissions. It was his opinion that the reality of the current Council politics is that any applicant who openly declares strong support for rigorous planning, urban limit lines, or implementation of the General Plan's Open Space element will fail to gain the three votes needed for commission appointment. He discussed Councilmember Libby's views on these issues and his opposition to the need to eliminate the power of special money interests, and to return power to the citizens. He supported the process of each elected Councilmember having the courtesy of appointing one person to each commission for the concurrent term. Councilmember Libby felt that by having term limits it makes it so that the same person isn't in office year after year and has the "good old boy" system. She noted that Councilmember Baldwin voted against term limits. She was of the opinion that when a candidate answers all the questions on the application, it provides Council with insight into that person's qualifications. Councilmember Larson noted that it seems absurd that there are no term limits for Council and yet Council applied term limits to all the commissioners. Mayor Ashiku discussed the current policy for nominating individuals to a commission and it was his opinion that the most qualified person should have preference. An incomplete application and failure to be interviewed speaks for itself and Council can make a decision accordingly. The only confusing issue was whether or not sitting commissioners were required to be interviewed. He was of the opinion that the process that the Council adopted is fair, however, there is a need to be consistent in following the procedure as Regular Meeting September 5, 2001 Page 13 of 22 adopted by Council. Councilmember Smith stated that he is not supportive of term limits; however, he was one of the "no" votes on removing item "1 b" from the Resolution, because he felt ail of the applicants should participate in the interview process. He recalled that Council discussed the issue of a sitting commissioner who is being considered for reappointment would be a viable candidate if they submitted a memo indicating their desire to be reappointed, and the City Clerk would attach their previous application. New applicants would be required to sign the application and would be asked to complete it if at all possible. He preferred that applications be filled out in entirety. Councilmember Larson agreed with Councilmember Smith's recollection of Council's intent during discussion. Something should have been conveyed to those commissioners that wanted to be reappointed that they had the option of making a statement or appearing before Council. He continued to discuss the issue of Council taking the responsibility of knowing each commissioner's views and voting records. He supported directing Staff to prepare amendments to the Resolution that reflect Council's previous decision and would like to see a clearer policy with regard to reappointment. Council should have the discretion of requiring an interview of a sitting Commissioner if they have questions they feel should be dealt with in open session. Discussion continued regarding the matter. In terms of interviewing incumbents who are seeking reappointment, it was the consensus of Council that the Resolution reflect the action that was taken of not to require interviews of any applicant, and that the three commissions that Council would be interviewing should be listed in the Resolution. Councilmember Libby inquired if the term limits pertained to Planning Commissioners or for all commissions. City Attorney Rapport explained that it was a separate section that dealt with all commissions. Section 1200 was amended to eliminate term limits. M/S Libby/Ashiku directing staffto prepare an Ordinance reinstating the term limits for all boards and commissions, failed to carry by the following roll call vote: AYES: Councilmembers Libby and Mayor Ashiku. NOES: Councilmembers Larson, Smith, and Baldwin. ABSENT: None. ABSTAIN: None. Mary Lindley, Ukiah, voiced her support for term limits, completed applications, and the interview process. Some discussion followed concerning the previous motion. M/S Larson/Ashiku directing staff to prepare an amendment to Resolution 2001-61, as reflected in the minutes, and to strike section 1 b of the Resolution, and to add the words "The City Clerk will submit the previous application to the City Council" under the first full Regular Meeting September 5, 2001 Page 14 of 22 paragraph after #6 on page 2 of the Resolution, plus adding reference to the Airport Commission, Planning Commission, and the Parks, Recreation, and Golf Commission as requiring interviews of applicants; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: Councilmember Libby. She stated for the record that she does not support the amended resolution. ABSENT: None. ABSTAIN: None. Mayor Ashiku noted a point of order that in the future when a roll call vote is being conducted, Councilmembers should state their objections and comments before the vote so as to avoid a debate. 8. NEW BUSINESS 8b. Discussion of Ukiah High School Tennis Courts Director of Community Services DeKnoblough advised that the Ukiah High School tennis courts were built through a grant through the California Parks and Recreation Department in 1980 and made possible through a joint use agreement with Ukiah Unified School District (District) to allow for the construction of the tennis courts on the school grounds by the City. That agreement included maintenance requirements to the courts by the District. Since the courts were constructed there has been various problems with the courts, mainly with ground water intrusion. Rosalind Petersen, Redwood Valley, was happy that the City and the School District are working together on this project. She advised that the contract between the School District and the City does have maintenance required by the District, However, the letter she provided Council from the State Parks and Recreation Department informed the City that it is ultimately responsible if the District could not perform under their contract. She inquired as to when the trenching project would begin. Director DeKnoblough explained that Staff would like to do the trenching in October. He still needs to obtain confirmation from the District maintenance division that their crews would be available in October to do the work. Ms. Peterson discussed the cost to resurface the tennis courts and the need for the application to be applied six to eight months in advance. She thanked Council for their efforts. Councilmember Baldwin inquired if the District is doing a good job of keeping skateboarders off the tennis courts. Ms. Peterson advised that the District has worked very hard in the past few years to keep skateboarders off the court has reduced the damage to less than 5%. City Manager Horsley advised that Staff would continue to discuss the matter with the School District and report to Council. Regular Meeting September 5, 2001 Page ]5 of 22. 9. NEW BUSINESS 9g. Adoption of Resolution Requesting Mendocino County Russian River Flood Control & Water Conservation Improvement District ("District") to Suspend Action on Interim Water Supply Agreements and to Institute Participatory Process and Motion Authorizing City's Water Rights Attorney to Communicate Concerns to District City Attorney Rapport advised that there is communication that Gary Weatherford wanted Council to have before voting on the Resolution under item 9g. It would be appropriate for Council to take public testimony at this time, before considering the matter in Closed Session. Mayor Ashiku recommended that Council receive audience comments on item 9g at this time. City Attorney Rapport advised that the City has an attorney, Gary Weatherford, that has been used over the years to represent the City is water rights matters. Mr. Weathedord recently had a chance to review the letter that was sent by the Mendocino Russian River Flood Control and Water Conservation Improvement District (District) on July 23, 2001, and the proposed application and interim agreement to contract for a portion of the project water that is managed by the District. He has a number of concerns about the wording of the interim application, wording of the interim agreement, the preferences that the interim agreement purports to create, and the impact that all of that could have on the City, including the City's water rights and the amount of information that's available for the City to be able to evaluate what that impact will be and how it should appropriately fill out those documents. He wants to be able to communicate on the City's behalf to the lawyer who represents the District about their specific concerns and wants there to be more time for him and other affected agencies to evaluate these complex issues. He doesn't feel that this can be done by the September 30th deadline that the District has established. The proposed resolution asks the District to slow down and give the City a chance to interact with it on these issues and to provide more time for that to occur. Barbara Spazek, representing the Russian River Flood Control District, requested that the letter that was sent to the Councilmembers be entered into the record for tonight's minutes. Rosalind Peterson requested her letter regarding this item be entered into the record. She also noted that any kind of conflict of interest situation between the District and the City with regard to the same attorneys handling different forms of representation be considered. She expressed concern that City Attorney Rapport prepared the document on the agenda. City Attorney Rapport advised that there is a Closed Session item related to whether or not to consider litigation concerning this matter. He clarified that he prepared the Agenda Summary Report for this item but Mr. Weatherford wrote the Resolution. The Agenda Summary Report was prepared as a convenience based on his review of the materials that Mr. Weatherford provided and discussions with him because he did not have time to Regular Meeting September 5, 2001 Page 16 of 22 prepare it. Jean Harmon, 3990 Burke Hill Road, Ukiah, representing herself and the public, advised that at the last District meeting many of the Water Districts asked for this extension of time in order to make their determination. Tom Waters, KUKI radio noted that with respect to the media, there has been a lack of information and requested more information be provided to the public concerning this matter. Rosalind Peterson, quoted from Brown Act that "The attorney's advise as to a proposed action not yet taken is not appropriate for a Closed Session because the public is entitled to know what this advise is in order to evaluate the performance of the body. The mere possibility that a body's action might be challenged in court does not suffice as a defined threat that would justify discussing the proposed action in Closed Session since that rationale would justify a litigation session on any matter." City Attorney Rapport explained that the threatened litigation exception is when you believe you are subject to potential litigation and the Brown Act is very specific about what constitutes a threat that would justify that kind of Closed Session. But that is not the subsection of the Brown Act that is recited in the Agenda or the subsection that the Council is relying on to go into Closed Session. The matter was continued to later in the meeting. 9. NEW BUSINESS 9c. Authorize the Transfer of Specific Water Accounts from the City of Ukiah to the Willow County Water District Public Utilities Director Barnes advised that the City of Ukiah currently provides service to water customers who are outside the City Limits on the southern edge of the City boundary. The City of Ukiah provided water service to these customers at a time when either the Willow County Water District (District) was unable to provide service due to infrastructure limitations or it had not yet been established. The District has developed the needed infrastructure to service these customers and has requested that the City of Ukiah consider transferring these customers to the District. In addition, the District currently maintains the fire hydrants and fire services to these customers due to the limitation of the City main. He continued to explain how the transfer of service would be accomplished. Staff has identified seven customers and recommends that Council approve the transfer of those customers into the Willow County Water District. A brief discussion followed with regard to obtaining LAFCO approval for this project and it was noted by the City Attorney that it would not be necessary. M/S Baldwin/Smith authorizing the transfer of specific Water Accounts from the City of Ukiah to the Willow County Water District; carried by the following roll call vote: AYES: Regular Meeting September 5, 2001 Page ]7 of 22 Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 9. NEW BUSINESS 9a. Adopt Resolution Approving the Ukiah Commercial Development Design Guidelines Planning Director Stump advised that Staff has been working on Design Guidelines for commercial development within the City. The genesis of this was borne out of some General Plan policies and some struggles that the City has had at both the Planning Commission and City Council level regarding approval of discretionary permits and related design issues. Staff was given direction to develop Design Guidelines for commercial development to ease that process. The Planning Commission has unanimously recommended adoption of the Ukiah Commercial Development Design Guidelines. He continued to discuss the content of the Guidelines. Joy Beeler, representing the Ukiah Main Street Program, stated that a draft of the Design Guidelines was presented to the Main Street Board of Directors and they supported the Guidelines. Councilmember Libby inquired if the Guidelines were sent to the Chamber of Commerce. Director Stump explained that staff sent the document to the Chamber of Commerce but has not received any comment from them. M/S Larson/Smith Adopting Resolution 2002-08, Adopting the Ukiah Commercial Development Design Guidelines. Director Stump advised that it is Staff's belief that it is the intent of the General Plan Policies to develop Design Guidelines. He explained that the Guidelines will not be codified in an ordinance and are not mandatory, but voluntary. He discussed meeting with developers and advising them as to the City's views regarding development. It was his opinion that the Guidelines will provide the development community with more flexibility with regard to design. Discussion continued with regard to the Guidelines and projects that have been developed that are aesthetically pleasing and have good design quality. It was noted that commemial zoning is located throughout the City and discussion followed with regard to holding all commercial development to the same standard. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None 9. NEW BUSINESS 9b. Preliminary Discussion and Direction to Staff Regarding Revisions to City Sign Ordinance Regular Meeting September 5, 2001 Page ]8 of 22. Planning Director Stump advised that the Planning Department Staff has reviewed the City Sign ordinance to determine what its strengths and weaknesses are and what changes might be required to effectively update existing sign regulations. The Planning Commission has determined that Staff should update the existing sign provisions, change the ordinance format, and provide illustrations that would make it easier for the public to understand and use the ordinance. The Planning Commission is now requesting that the City Council review the draft Sign Ordinance and provide direction to staff regarding any changes to the existing sign regulations. Associate Planner Lohse discussed delineating commercial from industrial signage. Councilmember Baldwin recommended that freestanding signs be placed below the roofline and discussed moving in a more aesthetically pleasing direction with regard to signage. Councilmember Smith expressed concern with signs affixed to barns, trees, posts, etc. should be prohibited. Councilmember Baldwin discussed the issue of corporations displaying signs for special events and that neon signs in neighborhoods be prohibitive. He also noted that the square footage required of signs be made clear in the document. Discussion continued with regard to signage and it was noted that public workshops would be conducted so that the community will have an opportunity to voice their concerns. 9. NEW BUSINESS 9d. Authorize Mayor to Execute Agreement for Service Between Layne Christensen Company and the City of Ukiah for Rehabilitation of the Ranney Collector for an Amount Not to Exceed $98,732 and Approve Budget Amendment Public Utilities Director Barnes advised that over the past few years, Staff has noticed a significant reduction in water that we have been able to produce through the Ranney Collector. The Ranney Collector supplies water to the City's water treatment facility. It was designed to produce about 13 million gallons per day and with some design modifications it was reduced to 10 million gallons per day. During the past summer the production has dropped below 5 million gallons per day. The Layne Christensen Company was contacted and performed an evaluation of the Ranney. He displayed a video of the conditions of the Ranney Collector and discussed corrosion of the valves and the need to have them repaired. M/S Baldwin/Larson authorizing the Mayor to execute an Agreement for Service between Layne Christensen Company and the City of Ukiah for Rehabilitation of the Ranney Collector for an amount not to exceed $98,732.00, and to approve Amendment to the 2001/2002 Budget increasing expenditures in Account 820.3908.250.000 by $98,732.00; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Regular Meeting September 5, 2001 Page 19 of 22 Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None 9. NEW BUSINESS 9f. Review of Proposed League of California Cities' Resolutions City Manager Horsley advised that Resolutions under consideration by the League of California Cities were included in the Council packet. Council is asked to review each of the Resolutions and determine the City's position on each item. Councilmember Larson, acting as the City representative, would then vote on the Council's behalf at the Annual Conference. She explained that staff is supportive of Resolutions #4, 5, and 6. There was a brief discussion of the nine Resolutions and it was the consensus of Council to support Resolutions 1 through 6 and number 9. 10. COUNCIL REPORTS Councilmember Smith reported that he attended the christening of the Mendocino in San Francisco as the representative of the City and MTA. ^ tour of the bay and Golden Gate Bridge followed the ceremony. Councilmember Libby reported attending a meeting on behalf of the Ukiah Valley Recreation Center concerning CDBG grants. State representatives provided them pointers for applying for grants, what the state is looking for in a grant, and how to get them approved. She found the meeting very helpful. She also reported attending a meeting with Solid Waste with Mayor Ashiku. She advised that Parnum Paving will be having a Chili Cook Off and the Chamber of Commerce will have a booth and she will help in their booth. Councilmember Baldwin commented on the Chamber of Commerce Network Newsletter. He discussed their two-page layout of small business advocates and felt it is extremely political and they recommend opposition to certain bills, some of which are anti-labor. He will personally contact the Chamber President and Executive Director to ask them to terminate this type of political advertising since they are receiving a lot of tax funding they should not be involved in lobbying efforts against labor unions. Mayor Ashiku reported that he and Councilmember Libby attended a meeting with Solid Waste. He met with firefighters on September 1, 2001 for over five hours regarding their concerns and felt the meeting went very well. 11. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS City Manager Horsley reported that next week many staff members would be attending the League of California Cities' Annual Conference in Sacramento. She will prepare the Solid Waste issues that are extremely complex. They will be discussed at the September 19, 2001 Council meeting about the Transfer Station. She will provide this information to Council this Friday for review. She advised that there is a need to begin the September 19, 2001 Council meeting at 5:30 p.m. for a Closed Session item and begin the regular meeting at 6:30 p.m. The agenda for that meeting will be lengthy. Regular Meeting September 5, 2001 Page 20 of 2.2 Councilmember Smith advised that he will be unable to attend the September 19, 2001 City Council meeting. City Manager Horsley advised that at the last meeting, she made an error in stating that funding for improvements to the Alex Thomas Plaza is in the budget, when its not. When changes to the Plaza design are presented to Council, staff will also provide information concerning budget expenses. City Clerk Ulvila advised that the City Code has been installed on many of staff's computers and staff is undergoing training on the use of the City Code. The City Code should be available on the City's Web Site very soon. Mayor Ashiku advised that Lee Howard made a statement to him during the last Recess that he felt Council does not have the basis to go into Closed Session concerning the water rights matter. City Attorney Rapport advised that according to the Agenda, Council will go into Closed Session under subsection "c" of Government Code Section 54956.9, and noted that the comments earlier in the meeting from Rosalind Peterson referred to subsection "b, Exceptions" which concerns whether you are exposed to or threatened with litigation by someone else. Subdivision "c" pertains to discussing whether to initiate litigation as a public agency. Council will be discussing that matter, in part, during the Closed Session. He explained that the reason for this Closed Session is to allow Council to hear advise from an attorney in a privileged setting regarding its legal position. The attorney-client privilege isn't waived by having that advice shared in a public session. Mayor Ashiku explained that the City's water rights attorney has provided Council the communications. City Attorney Rapport explained that the water rights attorney could not attend this meeting and there will most likely be another Closed Session on the September 19th Council Agenda to discuss this matter further. Staff will attempt to have Mr. Weatherford on a conference call with Council during Closed Session at that meeting so he can directly discuss the matter with them. Adjourned to Closed Session: 11:10 p.m. 12. CLOSED SESSION a. G.C. §549567.6 - Conference with Labor Negotiator Employee Negotiations: Fire Unit Labor Negotiator: Candace Horsley No action taken. b. Conference with Legal Counsel - Anticipated Litigation, Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 (1 case) Regular Meeting September 5, 2001 Page 21 of 22 Reconvened: 12:51 a.m. 9, NEW BUSINESS 9g. Adoption of Resolution Requestin.q Mendocino County Russian River Flood Control & Water Conservation Improvement District ("District") to Suspend Action on Interim Water SuDr)lv Agreements and to Institute Participatory Process and Motion Authorizing City's Water Rights Attorney to Communicate Concerns to District M/S Smith/Ashiku Adopting Resolution 2002-09, Requesting the Mendocino County Russian River Flood Control & Water Conservation Improvement District to Suspend Action on Interim Water Supply Agreements and to Institute Participatory Process; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None 13. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 12:52 a,m. Marie Ulvila, City Clerk Regular Meeting September 5, 2001 Page ?.2 of 22