HomeMy WebLinkAboutMin 10-03-01MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, October 3, 2001
The Ukiah City Council met at a Regular Meeting on October 3, 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, Assistant City Manager Fierro, Risk
Manager/Budget Officer Harris, City Manager Horsley, City Attorney Rapport, Community
Services Supervisor Sangiacomo, Public Works Director/City Engineer Steele, and
Recording Secretary Kinch.
2. PLEDGE OF ALLEGIANCE
Mayor Ashiku led the Pledge of Allegiance.
3. PROCLAMATION
3a. October as Domestic Violence Awareness Month
Mayor Ashiku read the Proclamation designating October as Domestic Violence
Awareness Month and urged all citizens to actively participate in the scheduled activities
and programs sponsored by Project Sanctuary and to work toward the elimination of
personal and institutional violence.
Michael Harris, on behalf of the Board of Directors of Project Sanctuary, thanked the City
Council for their continued support of the organization. He noted that the Clothesline
Project is displayed in the foyer of City Hall.
4. APPROVAL OF MINUTES
4a. Regular Meetin_q of August 15, 2001
Councilmember Libby recommended a correction to page 6, third paragraph, and the first
sentence should read, "Councilmember Libby agreed with Mayor Ashiku's comments and
asked staff to prepare a cost analysis of our ambulance service."
M/S Larson/Smith approving the minutes of the Regular Meeting of August 15, 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.
5. RIGHT TO APPEAL DECISION
Mayor Ashiku read the appeal process.
6. CONSENT CALENDAR
M/S Smith/Larson approving items a through i of the Consent Calendar as follows:
a. Adopted Resolution 2002-12 Approving and Authorizing the Execution of Program
Supplement No. 700 to Administering Agency - State Agreement for State
Funded Projects No. 000049;
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October 3, 2001
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Received Report to City Council Regarding Acquisition of Services From Spencer
Brewer for the Management/Production of the 2002 Sundays in the Park Concert
Series in the Amount of $7,500;
Awarded Two Year Contract to Parker, Lucas & Associates, and Economic
Development & Finance Corporation for Administration of the Ukiah Business
Loan Program (#00-EDBG-738) in an Amount Not to Exceed $46,250;
Awarded Two Year Contract to the West Company for Micro-Enterprise Services
Associated with the Community Development Block Grant Program (Revolving
Business Loan Administration #00-EDBG-738) in an Amount Not to Exceed
$81,445;
Awarded Contract to EBA Wastechnologies for Soil and Groundwater Investigation
Services at the North Fire Station (1800 North State Street) in the Amount of
$14,997.40;
Awarded Contract to Proseed for Landfill Erosion Control in the Amount of $17,800;
Awarded Professional Consulting Services Agreement in the Amount of $31,811, to
EBA Engineering to Prepare Construction Plans and Specifications for the Final
Cover of the Ukiah Landfill;
Awarded Professional Consulting Services Agreement in the Amount of $5,000,
Plus Actual Time-and-Expenses to Respond to RWQCB Comments, to EBA
Engineering to Prepare the Engineered Alternative Analysis for the Ukiah Landfill;
Awarded Contract for Power Pole Inspection and Treatment to OSMOSE, Inc. in
the Amount of $10,000 for Fiscal Year 2001/2002 and Renew Contract on a
Year-by-Year Basis as Budgeted Until June 2005.
Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby,
Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward to address Council.
8. UNFINISHED BUSINESS
8a. Consideration of American Red Cross Request for Waiver of Rent
Community Services Supervisor Sangiacomo advised that the Mendocino County
Chapter of the American Red Cross (ARC) is requesting a waiver of past due and future
rent for the City's North State Fire Station facility through September 2001. This request
was first presented to Council at its August 1, 2001 meeting. A recovery plan was
presented to the Council at the September 19 meeting, and the ARC again requested the
past due rent be waived. Currently the deferred rent through September 2001 totals
$7,430.
He explained that since the last Council meeting, the local Board of Directors of the ARC
voted to rescind the Charter of the ARC Chapter. At a separate meeting later in
September, a general meeting of the membership voiced dissenting concerns and voted to
retain the Charter. He noted that Red Cross officials and local volunteers are committed to
continuing services to our area and to do so whether the Charter is retained or a Local
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October 3, 2001
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Service Delivery Unit is established. Other cities, businesses and citizens in Mendocino
County have contributed to reducing the current deficit. The total deficit currently reported
by the ARC for the Ukiah Chapter is $35,700.
Mark Freedman, State Coordinator for the State of California for the American Red Cross,
and a National Sector employee, explained that the determination of the retention or the
rescission of the Chapter Charter is at the Board of Governors level. Whatever their
decision, it is still the intent of the ARC to fulfill its mission as Chartered by Congress to
continue to deliver the services to the community. The request for some assistance in
waiver of the past will allow them to move through this transition period more smoothly. He
explained that their local budget would be affected by the decision made by the Board of
Governors later this month.
Discussion followed concerning other services that the ARC provides, such as health and
safety classes, which will continue because they provide revenue to the ARC along with
donations.
Rick Teeters, local business owner, advised that he has been Disaster Chairman of the
Red Cross for several years and has been involved with the Red Cross prior to 1993. He
expressed concern that local control is going to pass to some place like San Diego or Las
Vegas and much of the local volunteers and local donor base will be lost. He requested
that Council not make a decision on this matter at this time but defer the matter until after
the decision of the Board of Governors is made.
Mr. Freedman explained that the question before the City Council is not a function of
control but of economics. He explained that most services of the Red Cross are to deliver
and fund disaster relief, as well as to deliver emergency communications as necessary to
the armed forces. Beyond that, the delivery of "should services" and "may services" such
as preparedness and education, which includes first aid classes, are a function of
economics.
Discussion followed with regard to waiving the assessments. Mr. Freedman stated that the
assessments could not be waived. Discussion continued relative to the differences
between the functions of the Board of Directors, management, and the Board of
Governors, and the importance of these entities working together. There was also a brief
discussion of the current accounts payable for the local Chapter, which includes the
amount owed to the City.
M/S Libby/Smith approving waiver of past due rent from the American Red Cross through
September 2001 totaling $7,430.
Councilmember Larson was of the opinion that approval of the waiver should be an
equitable contribution from the City of Ukiah and proportionate to the rest of the County as
well as the cities that this Chapter serves. He noted that there was mention that the cities
of Willits and Point Arena have contributed monetarily, and for the sake of fairness of public
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October 3, 2001
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funding for the Red Cross, perhaps there should be letters to the County and the City of
Fort Bragg suggesting that they contribute their fair share proportionately to Ukiah's
contribution to this effort.
Councilmember Smith agreed with that concept.
A brief discussion of the lease to the ARC followed.
Mayor Ashiku was of the opinion that with the discounted lease to the ARC, the City would
be contributing more than its fair share.
Councilmember Baldwin was supportive of the motion, as long a Council is not setting a
precedent for the future. He noted that there might be a need for the City to sell this facility
in the future.
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
9a. Discussion of the City of Ukiah Gibson Creek Property and Access
City Manager Horsley advised that the issue before the Council is whether to allow public
access to the City's right-of-way and to the small piece of City property that is a short
distance from the Standley Street entrance. The City currently has a right-of-way road that
follows Gibson Creek, and ends just past the remains of the City's old water reservoir
where a fish hatchery once stood.
In 1987 Jim Nix purchased the property that surrounds the Gibson Creek entrance from
Standley Street. For the most part the property has been posted since that time, and with
hikers being fairly respectful of private property and vandalism was at a minimum. During
the last 10 years Mr. Nix, as well as other property owners with property further up the
mountain, have experienced an increase in vandalism. She discussed vandalism,
destruction of private property, and fires that have occurred on these properties.
She explained that there are several liability issues that need to be considered. These are
not in themselves insurmountable issues, but will require planning and analysis before
changes to the status of the right-of-way are made. Other issues to be considered are
costs and private property rights of the surrounding areas. The major problem in the
Gibson Creek instance is that the City only owns a small 100'x200' strip of land where the
fish hatchery once stood and everything surrounding this property is privately owned. She
discussed potential options for dealing with the situation as identified in her Staff Report.
She noted that a letter was received from the Dept. of Fish and Game that noted their
concern about the fish in the area as well as the potential for fire. All of these concerns
would need to be discussed, analyzed, and meetings scheduled with neighbors and
property owners, as well as the Dept. of Fish and Game to discuss how these problems
and other issues could be mediated if it was determined by the Council that there is interest
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in looking into the matter further.
City Attorney Rapport advised that he was asked to render an opinion whether there are
any restrictions on the City's ownership rights to the right-of-way that goes from Standley
Street up to the fish hatchery parcel or the use of the fish hatchery parcel itself. Based on
the documents that were available to him at the time that he prepared this opinion, he was
of the opinion that there wasn't anything in the City's title to the road that would prohibit the
City from allowing the public to use that road at the discretion of the City Council. He didn't
see anything in the deed to the fish hatchery parcel that imposes any restrictions on the
City's ownership rights in that parcel.
This morning he received a letter from John Behnke on behalf of Jim Nix. Jim Ronco, title
officer for First American Title, conducted additional research and found some documents
that cause him to have an "unqualified" opinion that he is not sure if the documents that
were found would change his legal analysis. He has not had time to study the documents
thoroughly. The deeds and the documents that Mr. Behnke provided answer a question he
had concerning the property. This mystery was that the deed that grants the City a right-of-
way 30' in width as a road access to that parcel was granted to the City in 1897 but the
City didn't get title to the parcel that the road goes to until 1913. The additional documents
that he viewed show that in 1897 the Crockets that owned the parcel that Mr. Nix now
owns, granted the road right-of-way to the City and at the same time they granted the
ownership of the fish hatchery. Mr. Ronco also provided a copy of the March 15, 1897
minutes from the City Council meeting which indicates that Council intended to use that
parcel for a fish hatchery and that it granted the right-of-way to the City to provide access
to the fish hatchery. The deed to Mr. Crothers contains a paragraph that is not in the deed
that Mr. Crothers used to convey title to the City in 1913. There was some expression in
that earlier deed that the use of the parcel is to be for a fish hatchery. If it is a use
restriction, which he is not sure of, the use restriction wasn't contained in the deed from Mr.
Crothers to the City. He has some questions over whether there is any legal limit for what
the City can allow that road or that parcel to be used for.
Another document that was attached to this information were minutes of a City Council
meeting on September 24, 1930 where there had been some discussion concerning
impacts to the creek from public access along that right-of-way. At that meeting, the City
Council passed a motion to allow the property owner at that time, Mr. Sears, to close the
road off to the public with a gate, to be constructed at his expense, and to post a sign on
the gate saying "private property - keep out". One of the possible legal claims that might
be made if the City opened it up to the public and it did cause a significant impact to the
surrounding property would be an inverse condemnation claim and part of that liability
would depend on whether this represents a significant change in the use of that road from
its historical use. To know what the City's liability would be, we would need to know what
the character of the use was from 1930 to the early 1990's when the City again allowed
that road to be gated.
Upon a site visit with the City Manager he found it to be problematic because the road is
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located above the creek, and the City doesn't own any of the property between the road
and the creek, or the creek itself. So if the public were tempted to do down that bank into
the creek, that in itself would represent a trespass on private property and the City would
need to deal with that issue. He agreed with the City Manager that a fence would not be
very practical and signs would not represent much of a deterrent. Staff would need to
determine what precautions it would take to exercise reasonable control over public use to
minimize those impacts on the surrounding property.
Mayor Ashiku explained that counsel representing Mr. Nix and Friends of Gibson Creek
are in attendance and noted that any decisions of the City Council can be appealed to a
court for review. He questioned whether Council should wait until the City Attorney has
formed an opinion so that Council has a basis to make a firm decision.
City Manager Horsley advised that a copy of the Inland Mendocino County Land Trust
was included with her Staff report. Their goals and purposes are to promote the health and
vitality of inland Mendocino forest, woodlands, grasslands, watershed, and wetlands, and
riparian and wildlife habitats, agriculture lands, and to protect the biological diversity of
Mendocino County. She has been advised that the Inland Mendocino Land Trust are not
in the position of raising funds to purchase open space at this time. They are asking
people who own property to put it into conservatorship so that it will stay in its natural state.
She pointed out that the Department of Fish and Game would be reviewing anything the
City did that involved the creek. They stated that "It is our observation that without
identified and maintained trails, garbage and restroom facilities, and provisions for routine
patrol of erosion, pollution, and poaching have become issues that threaten the already
sensitive ecosystem in Gibson Creek."
Councilmember Baldwin inquired if the City Attorney is aware of any state laws that
restrict private property owners' ability to deny access to fishable streams.
City Attorney Rapport stated that he is not aware of state laws that would affect access to
fishable streams, however, he is aware of state laws that create a public right to have
access to navigable waterways. He did not think Gibson Creek is a navigable waterway.
Councilmember Baldwin inquired if there are any deeds of property bordering Gibson
Creek that states specifically that access to the creek cannot be denied.
City Attorney Rapport advised that he is not aware of such deeds.
Councilmember Larson inquired if the Ordinance that was adopted in 1909 prohibiting
automobiles, motorcycles, etc. to be driven, is still in affect.
City Attorney Rapport explained that if it hasn't been repealed, it would still be in affect.
However, the Ordinance was not codified into the City Code.
Councilmember Larson inquired if riding in a vehicle on that road on September 13th
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constitutes a misdemeanor violation?
City Attorney Rapport answered affirmatively.
Councilmember Larson inquired if that also applies to Mr. Nix or any of his guests?
City Attorney Rapport explained that if the Ordinance has disappeared from public
records and its not easily found, if one were charged with violating the ordinance there may
be an argument that they weren't given reasonable notice that this type of conduct was
prohibited.
Consensus of Council was to proceed with discussion of issues surrounding the matter.
Public Comment Period Opened: 7:24 p.m.
A man distributed a letter to Council and discussed fence lines as being European notions,
not American.
Jennifer Puser, 309 Jones Street, read a letter written by Judy Pruden who was unable to
attend the meeting, in her letter, Ms. Pruden explained that she has led historical walking
tours along Gibson Creek for many years and discussed items of historical significance to
the Gibson Creek area and the former fish hatchery. She was of the opinion that the area
should only be open for educational purposes and did not believe fencing is needed.
A woman, Ukiah, presented two photographs to Council and agreed with Ms. Pruden's
letter. She felt the area is very magical.
Marlene Werra, 2 Lookout Drive, inquired about how people would like others to be
running though your backyard just because it is a scenic route and if the City would pay for
the vandalism that may occur. She noted that the risk of fire is substantial.
Robert Werra, 2 Lookout Drive, advised that he has lived in Ukiah for 40 years and has
never heard mention of the glory of the fish hatchery until a minority of people recently
discovered Gibson Creek as a place to go hiking. He felt there are adequate hiking trails in
the area and no need to hassle property owners over another hiking trail.
John Behnke, speaking on behalf of Mr. Nix, read a letter to the City Manager. He
explained that the City property in question is surrounded by private property. He
discussed the history of the fish hatchery dating back to 1928 and that it was subsequently
dismantled and sold for salvage in 1931. In 1930, the property owner who owned the
property where the fish hatchery was located sought help from the City to block off the
property due to vandalism and trash accumulating. In 1994 it was addressed by the City
Manager and the Public Works Director and determined that the City would post the gate,
allowing access only to persons with a common lock or arrangement. He felt the City has a
right to restrict access to the property. He felt it important to protect the resource and the
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fragile area. He explained that Mr. Nix has protected and restored the area. He noted that
the picnic area established by Mr. Nix is not for public use, but was established by his
family for family use only. He wants to maintain a cooperative approach with the City.
David Nelson, attorney for the Friends of Gibson Creek for Access, reviewed City Attorney
Rapport's legal opinion as being accurate. Since the City owns the property, it has the
right to open it to public use. He urged Council to visit the site and felt that it is not a
question of locks and trees but that it is accessible for hikers into a natural state. It was his
opinion that Council should find a way for walkers and educational use, but not camping in
this area. He stated that vandalism is a reaction to people being fenced out. Gibson
Creek is a place people like to walk and enjoy. He agreed that that the Friends of Gibson
Creek would not want people walking over their property but a loss of private property
rights. Mr. Nix knew that the City owned a parcel and has done everything to stop public
use. He felt it important to keep in mind the vital use of this property in order to see how
the public access can be provided for and also protect the property rights of those living in
this area.
Hiawatha Blake, 517 South Oak Street, explained that in March of this year he was
introduced to the Gibson Creek area and ignored the trespassing signs. He urged the City
to allow public access.
Chris, lives on Standley Street above Gibson Creek, stated that the fish hatchery no longer
exists. It was his opinion that opening the area to the public would bring more vandalism
and mischief. He expressed concern with people smoking in the area. He questioned who
would control the area, where cars would park, and who would be liable for any damages
that may occur to people walking on the small road.
Man, Standley Street, did not see how opening this area would reduce vandalism.
Joe Wildberger, Ukiah, explained that there are many Grace Hudson paintings in homes
and the public does not have the privilege of viewing them. He noted that vandalism has
increased and expressed concern with liability issues related to hikers being injured while
using the area.
Paul Andersen, 309 Jones Street, was of the opinion that the Friends of Gibson Creek
has a right to enjoy places that are part of the community. He felt there should be limited
access to the Gibson Creek area.
Matt Eiffert, 1305 West Standley Street, stated that there are many pretty places around
the County that people can visit. He didn't feel people should have an explicit right to be
able walk to someplace that they think is pretty and use it just because they think it's
beautiful.
Susie Smith, Standley Street, explaine~l that she has been walking on the property in
question and has obtained permission from several property owners. She reported that her
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home was broken into on a few occasions and she lives in the public part of Standley
Street. She asked Council to consider the Gibson Creek fish hatchery as a symbolic issue
and if the property is to be opened to the public, the matter should be considered very
carefully and done in a restricted way.
Jan Moore, 1021 West Perkins Street, advised that she is a Friend of Gibson Creek. She
referred to a Russian River cleanup with the Department of Fish and Game. She
supported Ms. Pruden's suggestion that we have control of the access at some time. in
looking at the whole watershed there are barriers to fish, and the Friends of Gibson Creek
would like to improve the quality of the creek and the fish life. They would also like to visit
the site to see what's on the map in the Gibson Creek Habitat and Enhancement and
Public Access Study that the City conducted.
Mary Lindley, 700 East Gobbi Street, discussed correspondence between Mr. Nix, then
City Manger Rough and Public Works Director Kennedy, concerning the issue of the
agreement and that the City would post the gate for access by "authorized personnel only".
She asked if it would be reasonable to expect anyone wishing to lead a group through a
locked, posted, gate to contact the owner and arrange for such a visit to be made. She
referred to previous discussions by Council concerning liability issues and noted potential
hazards of fire danger, garbage dumping, and personal property damage on properties in
this area. She recommended Council say "no" to the request to allow the property to be
accessible by the public.
Leif Farr, 616 Grove Street, explained that he served on the City's Parks and Recreation
Commission for six years that dealt with these issues. He discussed vandalism and noted
if the property were open to the public, he would consider it an extension of his regular
evening walks. Those walking outside the specified property are trespassing on someone
else's property and should be dealt with accordingly.
Igor Zbitnoff, North Pine Street, distributed a letter to the Council and read the letter aloud
in which he addressed his opposition to depriving responsible citizens of using public
areas.
Sylvia Rocha, 517 South Oak Street, supported access to the property.
Sanj Balajee, representing the Ukiah Valley Walk and Roll Coalition, explained that this
group promotes bicycling, walking, and other forms of alternative transportation in Ukiah.
On behalf of the Coalition, they strongly recommended Council support the proposal to
open the property to public access.
Norm Huey, life long resident of the Ukiah valley, advised that he has visited the Gibson
Creek area many times and took his children there. He felt the area would be destroyed if
opened to public use. He cited problems with the lack of parking and maintenance of the
area.
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October 3, 2001
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Phyllis Curtis, Ukiah, was of the opinion that the City, County, and private landowners
should work cooperatively to develop creeks that flow through the City. She suggested the
option of the City purchasing property from Mr. Nix that would relieve Mr. Nix of any
upkeep to the property.
David Hull, Ukiah, supported the rights of property owners to protect their land from
intruders. He explained that many landowners give permission to people when they know
they are not going to vandalize the property and are welcome to walk on the property. He
raised the point that some people may change their view if they had to pay the property
taxes and mortgage payment on the property and be responsible for maintenance and
upkeep.
lan Rhan, Ukiah property owner in the western hills, noted recent vandalism in the area.
However well meaning the Friends of Gibson Creek are, what comes along with them are
people that disrespect things that belong to others. He felt it extremely important to look at
the issue of fire danger, vandalism and policing of the area in the western hills.
Public Comment Period Closed: 8:45 p.m.
Recessed: 8:45 p.m.
Reconvened: 8:55 p.m.
Councilmember Baldwin was of the opinion that the vast majority of people are
trustworthy. Protecting the western hills and the Gibson Creek watershed is second to
none in the terms of the future of Ukiah. He discussed the issue of access, or lack thereof,
to the City-owned parcel. He felt the western hills are one of the greatest assets of the
City. He discussed the Open Space element of the General Plan and read an excerpt
regarding creeks and streams, development of pedestrian access along creeks flowing
through the City, developing pocket parks along creek channels on public lands where
feasible, and providing environmental benefits to the western hills. He felt there are rights
that have been established and asked that Council direct staff to research the prescriptive
right issue and whether they have been established. There is a need to set aside funds for
open space acquisition and for policing functions related to fire, vandalism, noise, and litter
to property. He recommended Council direct staff to work with the community and the Nix
family concerning a reservation system. He felt there should be no parking on Standley
Street, limitations on hours of use, there should be a clean up deposit, prohibition of
amplified music, and prohibition of motorized off road vehicles.
Councilmember Smith was of the opinion that there are issues about whether we are
going to have access up that creek or to recognize the private property owner's rights. The
only people he has seen taking care of it are the private property owners. He felt it
appropriate to have limited access to the area and would like to see some study of that
issue and how the City would set up limited access, with rules and regulations. Also, it
would be good to have an agreement with Mr. Nix relative to his expectations of it. He
acknowledged the work that the Nix family has done to clean up the area. He asked that
Council allow more time for the City Attorney to study issues.
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Discussion followed related to the terrain of the City owned property where the fish
hatchery once stood. It was noted that there is a possibility someone could be hurt on the
property is they were not careful. There was discussion of the minimum width requirement
for a public road. It was noted that the requirement is for vehicles, not for pedestrians only.
Councilrnember Libby was of the opinion that there is a long time history of vandalism
and problems in this area and the City has had problems with enforcement issues. She
expressed concern two attorneys have presented different information to Council, and new
information provided to the City Attorney needs to be reviewed in order to provide analysis
to Council.
Councilmember Larson was of the opinion that it is important to consider the
environmental considerations regarding fish and other habitat that the Dept. of Fish and
Game thinks may exist. He felt the City has the responsibility as one of the landowners
along the creek, to preserve and enhance that in any way that we can as long as we own
the land. He would not support anything proposed that may compromise that. He agreed
with comments from some property owners regarding potential fire danger in the area. The
fact that the hatchery no longer exists does not lessen its historical significance. He was of
the opinion that we should provide educational opportunities for children and adults to learn
about salmon and the history of the property.
City Attorney Rapport explained that there was some research done and the Gibson
Creek diversion was part of that research. There are a number of things that you have to
establish in order to perfect the Prop 14 right to preserve it into the present. He was
unsure if the City has done that.
Councilmember Larson was of the opinion that we should explore whether we still retain
water rights on the property. There should also be a mutual respect for the land; its beauty
and natural culture should be first and foremost for everyone. We could attempt to develop
some guidelines and a program by which trained, educated guides could provide tours of
this area, with the historical perspective, and possibly an environmental perspective. If the
City and property owners could strike an agreement, it would replace all prior deeds and
covenants to the property.
City Attorney Rapport stated that unquestionably if the City and the property owner could
reach an agreement on a way to utilize that easement, it would avoid a lot of legal issues.
Councilmember Larson advised that he is not comfortable that Mr. Nix is the sole keeper
of the gate in determining who should have access. He felt it should be the City's
responsibility. He did not think that the City needs Mr. Nix's permission for people to go up
there. He referred to Ordinance 181 that banned vehicles and specifically addresses the
issue of motorized vehicles and bicycles. Therefore, someone walking on the property
would not be subject to a fine.
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Mayor Ashiku stated that, relative to water rights, he did not see any point in taking any
more water out of that limited resource and destroying the habitat. He concurred with
Councilmember Larson's concern for the environment. It was his opinion that public
access would be incompatible with preserving that environment. Due to erosion, debris,
and the presence of humans along that narrow corridor, it would upset the habitat and
environment. He felt that in order to preserve the environment, staying away from the
environment would be the only way to ensure that the fragile ecosystem remains in tact.
He is equally concerned about fire hazards. He felt the City should make a commitment to
participate with the property owners to maintain the stream in a healthy way and free of
debris so that it doesn't impact the ecosystem. While he thinks the area is very beautiful, if
there were public access, it would become a sterile place. Trespassing and liability issues
will always remain and how that would be managed for even small groups is an issue. It
was his opinion that the hills and other areas should remain restricted with reasonable
access. He was of the opinion that restoring the riparian corridor and enhancing the
environment is the highest priority.
Councilmember Baldwin was of the opinion that one of the significant, natural areas
within the City limits is off limits to everyone who doesn't and can't afford a million dollar
mansion. He felt that this is what the tape recording will show Mayor Ashiku's words to
say.
Mayor Ashiku stated that in reality the property owners do have access to that stream but
there are very few of them. If you allow for general access, you will have an uncontrollable
situation and people will trample over the environment. He felt that perhaps it is best to
have a gate to act as a deterrent so as to have a minimal affect on the environment. He
supported protecting the fragile ecosystem.
Councilmember Baldwin hoped the majority of Council would agree to ask Staff to work
with the Nix family and the Friends of Gibson Creek and to return in about two months with
a plan for limited controlled access to the creek with many stipulations and many
expectations, including a clean up deposit. He asked Council to read the General Plan and
its reference to establishing trails.
Mayor Ashiku explained that if it is the majority of Council's opinion to allow for access, he
asked that Council pursue the appropriate environmental studies.
Councilmember Libby was of the opinion that there would be some liability issues
associated with allowing public access into this area and this would need to be addressed
prior to allowing access. She agreed with Mayor Ashiku and felt that this City-owned
property should not allow public access.
Councilmember Larson was of the opinion that the City should hold itself to the same
environmental studies that were required of Mr. Nix when he got his Use Permit.
Mayor Ashiku was of the opinion that the City should perform the necessary
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October 3, 2001
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environmental studies that are required for the project and for the magnitude that Council
defines.
Discussion continued relative to preserving the environment and watershed as a
wilderness area and thereby denying access. Limited access to the property was
discussed at length. It was noted that if the City allows limited access to the property, it
should have an agreement with Mr. Nix so that it is clear between all parties. There is also
a need to define the amount of limited access for educational programs. Staff discussed
establishing a program for guided tours and providing trained guides. There could be
limitations to certain areas so that the creek would not be disturbed. Discussion continued
with regard to a park system and maintenance. There was further discussion of whether or
not to limit public access to lands that may have a fragile ecosystem.
M/S Larson/Baldwin directing staff to prepare the necessary environmental analysis and
program analysis, to provide a reasonable program for restricted public supervised access
for environmental education purposes to the Gibson Creek property to be proposed and
conducted on a trial basis and with an annual review.
Mayor Ashiku advised that he is not supportive of the motion.
Motion failed to carry by the following roll call vote: AYES: Councilmembers Larson and
Baldwin. NOES: Councilmembers Smith, Libby, and Mayor Ashiku. ABSENT: None.
ABSTAIN: None.
City Manager Horsley inquired if Council would like the City Attorney to return to Council
with a final opinion on the matter.
Mayor Ashiku responded affirmatively. The City Attorney's opinion could be provided to
Council in memo format rather than as an agenda item.
Various members of Council thanked the City Attorney for his research on the matter and
the public for attending and its input.
9. NEW BUSINESS
9b. Approval of Cold Creek Compost as the Green and Wood Waste Processor for
Solid Wastes Systems Transfer Station
City Manager Horsley advised that the Transfer Station Agreement between the City of
Ukiah and Solid Wastes Systems, Inc. (SWS), requires that the City approve the final
destination of the green waste and wood waste that is received at the Transfer Station. At
this point in time, SWS is requesting the City's approval of Cold Creek Compost Inc.,
located in Potter Valley, as a permitted facility within Mendocino County.
M/S Larson/Libby approving Cold Creek Compost as the service provider for the Transfer
Station green and wood waste; carried by the following roll call vote: AYES:
Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None.
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October 3, 2001
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ABSENT: None. ABSTAIN: None.
9. NEW BUSINESS
9c. Adoption of Resolution Authorizing 2001-02 Grant Funding for Community
Based, Non-Profit Organizations
Risk Manager/Budget Officer Harris advised that in response to the City's solicitation, 18
entities applied (requests totaled $62,500) for the $30,000 available in 2001-02 grant
funding to community based, non-profit organizations. These applications were reviewed
by a committee composed of two Councilmembers and three staff members with
recommendations to fund a portion or all of 11 programs. The committee recommends
adoption of the proposed resolution for funding of $30,000 for community-based
organizations. The committee was going to request that the Council look further into the
possibility of having some significant funding for some projects. During the next round of
allocations staff will look at major projects that could be funded instead of the smaller ones.
The committee was unanimous in their recommendations as specified in the resolution.
Councilmember Smith recused himself from the matter. Although his employer, Ukiah
Valley Association for Habilitation, applied for funding under this program, they were not
awarded an allocation at this time.
Councilmember Larson advised that he is a member of the Board of Directors of the
Senior Center and does not sit as a Council appointee, nor does he receive a salary for
that position.
City Attorney Rapport recommended that both Councilmembers Smith and Larson should
recuse themselves from voting on the matter.
M/S Baldwin/Ashiku adopting Resolution 2002-13, authorizing 2001 ~02 grant funding for
community based, non-profit organizations.
Councilmember Baldwin commented that everyone seemed to look forward to more
significant applications in the future and may apply for the full amount, so that the
community would see more of an impact.
Motion carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and
Mayor Ashiku. NOES: None. ABSENT: Councilmembers Larson and Smith. ABSTAIN:
None.
9. NEW BUSINESS
9d. Discussion and Direction Regarding Willits By-Pass (Councilmember Larson)
Councilmember Larson explained that this matter was put on the agenda in case a
decision was not made this past Monday at the Mendocino Council of Governments
(MCOG) regarding funding for the Willits By-pass. He reported that it was MCOG's
decision to allocate $2 million out of the competitive funding towards the Willits By-pass.
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October 3, 2001
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He reported that out of all the MCOG funding, TEA and local transportation money, bike
and pedestrian money, rail money, and the competitive and formula distribution monies,
the City will be receiving approximately $1.9 million out of the total of $18 million. He
continued to discuss funding for the Willits and Hopland By-passes, which could climb to
approximately $140 million within a couple years. If the state is expecting Ukiah to fund
our share at the same rate, we can expect to not receive very much STIP funding. He
would like to see MCOG address that in terms of a more formal policy as to how we are
going to allocate those funds, both for the state's sake in terms of how much Caltrans and
those projects can expect from us out of the STIP funding, and how much is reasonable for
us to reserve for more local projects.
lO. COUNCIL REPORTS
Councilmember Smith advised that Councilmembers Larson, Libby, and Baldwin
attended a special meeting of the Ukiah Valley Fire District. He felt that Councilmember
Larson deserves some credit for speaking on behalf of the City Council.
MTA has made an offer to purchase the old Fjords building and property and are waiting
for a response from the property owner.
He attended the NCPA annual conference last week and brought back some interesting
information for Council, which he distributed. The conference helped with his education on
the issues. There was some concern about the P.G.&E. bankruptcy filing because
P.G.&E. owes NCPA $10 million. Their reorganization plan indicates they will pay the $10
million. He has not learned about Contract 2948A and what it means, but he plans to
discuss the matter with Public Utilities Director Barnes. In their reorganization plan,
P.G.&E. will honor that contract.
Councilmember Libby reported attending the Fire District meeting and it had an impact
that some Councilmembers were present. She also attended the meeting of the Red
Cross. She found it very interesting and had a long discussion with a Board member the
following day. There were a lot of people at the meeting that had misinformation
concerning rescinding the Charter and what it meant.
She reported that Assistant City Manager Fierro is helping the Community Recreation
Center put together a brochure for fund raising.
Councilmember Baldwin reported that new car lot located on the east side of Perkins
Street decided to have their sign 30 feet in height after a change in use. He read the Sign
Ordinance, and felt the auto dealer should have met the current Sign Ordinance. He
requested that the Planning Department look into the matter. The car lot is located across
from Burger King where the old Texaco station once stood.
He reported on some noise issues with dirt bikes practicing and racing on Sunday
mornings at the Fairgrounds. He was unsure if the City has received complaints about the
noise. They start at 7:30 or 8:30 a.m. and felt that the City should consider writing a letter
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to the Fairgrounds.
City Manager Horsley advised that she would contact the Fairgrounds manager about the
matter.
Councilmember Baldwin also noted a potential noise problem with the 2-cycle scooters
that have become increasingly popular. He inquired if there is anything in the City's Noise
Ordinance regarding the use of these scooters.
Some Councilmembers noted their annoyance with the noise generated by this mode of
transportation. There was an inquiry if the scooters are required to be licensed.
Mayor Ashiku reported that he attended the NCPA meeting with Councilmember Smith.
The next meeting will be held on the October 25 at the Geysers and invited everyone to
attend. He noted that Councilmember Smith is fulfilling his appointment to NCPA and is
not voting member.
Councilmember Smith explained that the NCPA office should be notified of his
designation as a voting delegate.
11. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS
City Manager Horsley reported that the League of California Cities' conference is
scheduled for the week before Christmas. Those Councilmembers wishing to attend
should contact her office,
The work at the dam is completed and there is a piece of equipment that they had to leave
because there wasn't enough time for it to be removed. Administrative Analyst Ann Burck
did a great job of organizing the project. If anyone would like a tour of the site, they should
contact her office.
She thanked Administrative Assistant Kathy Kinch for volunteering to attend this meeting in
the absence of the City Clerk who went home ill today.
12. CLOSED SESSION
None.
13. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 10:15 p.m.
Marie Ulvila, City Clerk
Kathy Kinch, Recording Secretary
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