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HomeMy WebLinkAboutMin 12-19-01MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, December 19, 2001 The Ukiah City Council met at a Regular Meeting on December 19, 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: Libby, Baldwin, and Mayor Ashiku. Councilmembers absent: Larson and Smith. Staff present: Water/Sewer Supervisor Borecky, Airport Manager Bua, Community Services Director DeKnoblough, Finance Director Elton, Interim Fire Chief Grebil, Risk Manager/Budget Officer Harris, City Manager Horsley, City Attorney Rapport, Planning Director Stump, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Mayor Ashiku led the Pledge of Allegiance. 3. INTRODUCTION 3a. Fire Department Career Employees Interim Fire Chief Grebil introduced Fire Department Career Employees for the "A" shift of Bill Woodworth (Fire Captain/Shift Commander), Terry Israel (Fire Apparatus Engineer/Paramedic), Pete Bushby (Firefighter/Paramedic), Larry Goodman (Firefighter/ Paramedic), William Fairfield (Firefighter/Paramedic), Paul Eaton (Firefighter/Paramedic), and Tanner Moulding (part-time Apprentice Firefighter/EMT-1) to Council. 3. INTRODUCTION 3b. Accounting Manager Mike McCann Finance Director Elton introduced new Accounting Manager Mike McCann to Council. He discussed Mr. McCann's employment background in both the private and not-for-profit sectors, and has worked with budgets, analysis and forecasting, supervision, and policy development and implementation. Mr. McCann is also very active in a variety of community organizations. Mike McCann stated he is happy to be working for the City. Councilmember Libby noted that Mr. McCann is on the Board of Directors of the Cultural Arts & Recreation Commission Board of Directors and is a pleasure to work with. 4. APPROVAL OF MINUTES 4a. Regular Meeting of November 7, 2001 Councilmember Libby recommended a correction to the first paragraph, on page 5, that the second and third sentences be deleted from the minutes and replaced with the following statements, "She discussed the progress of the project and delays due to the weather and the response times by the state for a grant to reconstruct the intersection of East Gobbi Street, Oak Manor Park, and Babcock Lane. She continued to discuss the grant received for the reconstruction of the intersection by MCOG." M/S Baldwin/Libby approving the minutes of the Regular Meeting of November 7, 2001, as amended, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin Regular Meeting - December 19, 2001 Page 1 of 10 and Mayor Ashiku. NOES: None. ABSENT: Councilmembers Larson and Smith. ABSTAIN: None. 5. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 6. CONSENT CALENDAR M/S Libby/Baldwin approving items a through d of the Consent Calendar as follows: a. Approved Disbursements for Month of November 2001; b. Adopted Resolution No. 2002-23 Authorizing City Manager to Execute Lease Agreement with Federal Aviation Administration for Automated Surface Observing System at the Ukiah Regional Airport; c. Received Report to City Council Regarding the Execution of a Consultant Contract of Less than $10,000 for the Preparation of a Habitat Enhancement and Public Access Study for Doolin Creek; d. Received Notification to Council Regarding Award of Bid to Innovative Utility Products for Purchase of a "Fault Wizard" in the Amount of $8,078.50. Motion carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin and Mayor Ashiku. NOES: None. ABSENT: Councilmembers Larson and Smith. ABSTAIN: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address Council. 9. UNFINISHED BUSINESS 9a. Approval of HOME Downpayment Assistance Program Policies and Procedures Including an Increase in Maximum Loan Limits Risk Manager/Budget Officer Harris advised that in 2000 the City of Ukiah was awarded a $375,000 HOME grant for a local First Time Home Buyer Program. In July of 2001 the City was awarded a $206,500 CaIHome Program grant for a Downpayment Assistance Program. Both of these programs are administered by the Community Development Commission of Mendocino County (CDC) and are combined for a First Time Home Buyer Downpayment Assistance Program. Staff was previously before Council relative to this program and the Council approved the loan limit increase from $30,000 to $50,000. This was to increase the opportunities for more participation because of the tight housing market in Ukiah. With the additional $206,500, CDC is now requesting that the loan limit be raised from $50,000 to $70,000. He continued to discuss the loans and the repayment program. He noted that the Staff Report discussed two families being qualified, and clarified that CDC has completed three applications, with another application pending. Staff believes it is a great use of grant funds, allows the City to meet the goals that were established originally with the federal program and does not require an additional local match in funds. He recommended Council approve the Program Policies and Procedures, which includes an increase in the limit from $50,000 to $70,000. He noted that the Guidelines were established based upon the manuals that both the federal and state agencies have for these particular programs. Upon questioning by Councilmember Baldwin, he continued with discussion of a housing Regular Meeting - December 19, 2001 Page 2 of 10 rehabilitation loan program established by the City in which Council considered a refinancing issue and forgiveness provision, earlier this year. He continued to discuss the 30~year repayment program. Todd Crabtree, housing loan specialist for the loan program administered through the Community Development Commission for Mendocino County, discussed the balloon payment on a 30-year mortgage. Since an individual would own the home at the time the firs mortgage is paid off there would be enough equity to refinance the loan. The money would be reimbursed to the City of Ukiah. He explained there are not payments and everything is deferred for 30 years. He continued to discuss the interest rates and the repayment program. Upon an inquiry by Councilmember Baldwin as to whether this program is only available for down payment assistance, Mr. Crabtree explained that there are two funding sources, the HOME and Cai HOME, in which he explained. Mr. Harris further explained the Danco project located east of the Social Security building is a HOME program in which new units will be constructed. Mr. Crabtree, in response to an inquiry by Councilmember Baldwin as to whether the City could have asked that these funds be used for rental assistance or rental subsidized housing, explained that the City could have requested such funding with the HOME program. However, CalHome is a new program and cannot be used directly for rental assistance. He continued to discuss how the CalHome program could be used. He further noted that these types of programs are available each year and available for Council consideration. He discussed why there has been a Iow number of applications submitted each year and noted that the income limits set by HUD are Countywide and is very Iow. This is why CDC has raised the Farmers Home Administration loan limits and purchase price limits to provide more of a window for buyers. He discussed the deferred payment loan program and noted that when the loan is repaid, it can be used for other affordable housing activities. M/S Baldwin/Ashiku approving the Downpayment Assistance Program Policies and Procedures, including an increase of the loan limit from $50,000 to $70,000; carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Councilmembers Larson and Smith. ABSTAIN: None. 9. UNFINISHED BUSINESS 9b. Consideration of Revised Resolution Calling on the State of California to Take Certain Actions to Effectively Reduce Lifter on Hi.qhway 101 and Throu_~hout the State Hiqhwav System (Councilmember Baldwin) Vice-Mayor Baldwin discussed the amended resolution he provided in his Staff Report to Council concerning the issue of litter removal on Highway 101. Councilmember Libby discussed her disagreement with several statements made in the resolution. After visiting the sites, she felt that Councilmember Baldwin centered on the worse areas of the highway and that some wording is too dramatic considering the amount of litter on the highway. She was of the opinion that there are no facts to substantiate the statement that "80% of this increased highway litter is waste from the fast food, gas mart, and convenience store industry". She discussed wording in the resolution pertaining to the Regular Meeting- December 19, 2001 Page 3 of 10 Adopt-A-Highway program and questioned whether it concerned litter or his anti-business and build board ideas. She was of the opinion that Councilmember Baldwin was pointing a guilty finger, with no evidence, to a lot of people. She noted in his original resolution he proposed taxing businesses, and she is not comfortable with that action. Councilmember Baldwin advised he would be supportive of alternative wording to the resolution; however, he could not defend the status quo. He recommended the state conduct some trial locations on freeways in which to monitor and provide enforcement. Discussion followed with regard to California's current anti litter laws. It was noted that irresponsible persons cause litter. Mayor Ashiku voiced his support for the proposed resolution and that the state does not need to enact additional laws, but to provide an enforcement plan for the present laws. In his experience of picking up litter, he has found that most of the litter is from fast food containers. He felt the proposed resolution calls attention to the litter problem. He questioned Councilmember Baldwin if he preferred waiting for a full Council to be in attendance before voting on the matter. Discussion followed concerning the resolution and whether it's purpose is to reduce litter or draw attention to certain types of businesses. There was discussion concerning the Adopt- A-Highway program in which businesses have their names displayed on signs on the highway and how this may be perceived as a small billboard. There was also discussion as to the number of times per year that the business is expected to clean their portion of the highway and if it should be more frequently to make the program more effective. It was the consensus of Council that viewing litter on the highway is disturbing, however, there are many areas that are litter free and well maintained. Councilmember Baldwin was of the opinion that Ukiah is struggling to be more competitive in the Redwood Empire tourist industry and that our portion of the highway should be kept clean. He noted an option of having the City take responsibility for certain portions of Highway 101 and use staff to keep it clean if the state refuses to act. He felt it important for the state to enforce litter violators, although it is often difficult to catch people in the act of littering. Discussion continued with regard to raising public awareness on the issue. Councilmember Libby explained that she is opposed to those that litter, however, she could not support the proposed resolution as it is worded. She noted it wou!d be good if Councilmember Baldwin and some of his supporters adopted a portion of the highway to keep clean. She felt the highway is cleaner now than it has been in previous years. M/S Baldwin/Ashiku adopting Resolution 2002-24, as amended, Calling on the State of California to take certain actions to effectively reduce litter on Highway 101 and throughout the State Highway System and that a letter signed by the Mayor be sent to neighboring jurisdictions and Ukiah's state representatives along with the adopted Resolution; carried by the following roll call vote: AYES: Councilmember Baldwin and Mayor Ashiku. NOES: Councilmember Libby. ABSENT: Councilmembers Larson and Smith. ABSTAIN: None. Regular Meeting - December 19, 2001 Page 4 of 10 8. PUBLIC HEARING 8a. Approval of Application to Demolish a Building Over 50 Years Old Located at 828 Cypress Avenue Mayor Ashiku announced this is a quasi judicial matter and a poll if Council affirmed they have visited the site. Planning Director Stump advised that the owner of the property located at 828 Cypress Avenue has applied for a Demolition Permit to demolish a single-family resiaence on the site. The home was built in 1924, is in disrepair, and the owners have indicated that they cannot secure insurance on it. After demolition, the owners plan to construct a new single- family residence on the property. On December 4, 2001, the City Demolition Permit Review Committee considered the application and Historical Profile prepared by Judy Pruden, and unanimously found that none of the criteria in UMC Section 3016(E) applied, and therefore the structure is not historically or architecturally significant. The Committee urged the property owner to consider the architectUral style of the neighborhood and construct something that would be compatible. Staff is recommending approval of the Demolition Permit. Councilmember Baldwin inquired if there could be a stipulation that the owners protect as much foliage and trees on the property. Mr. Stump explained that he did not think the City would have the legal authority to require such a condition however, the property owner has indicated they do plan to retain as many trees as possible. Public Hearing Opened: 7:18 p.m. No one came forward Public Hearing Closed: 7:18 p.m. M/S Libby/Baldwin approving the Demolition Permit for the structure located at 828 Cypress Avenue based on the finding the structure does not have historical or architectural significance. Upon an inquiry by Mayor Ashiku with regard to the fee for the demolition, Mr. Stump advised that a fee of $47 is required for the Demolition Permit is collected by the Building Department. He will provide information to the Mayor concerning the fee for historical buildings. Tom Waters, KUKI reporter, explained that the fee would be cheaper than building a driveway on county land. Motion carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: Councilmembers Larson and Smith. ABSTAIN: None. 10. 10a. NEW BUSINESS Adoption of Resolution Supporting Downtown Rebound Planning Grant Application Regular Meeting - December 19, 2001 Page 5 of 10 Planning Director Stump advised that last February, staff submitted a grant application to the State Department of Housing and Community Development (HCD) for the preparation of a Downtown Infill Housing and Mixed-Use Study. The City missed receiving the grant by two points in the HCD scoring system, and staff is prepared to reapply during the second funding cycle prior to the end of the year. While not required as part of the application material, a supporting Resolution from the City Council can strengthen the application and help the City to receive the $75,000 grant. He discussed the purpose of the Study and how it would assist the City in its efforts to revise the General Plan Housing Element. The study would include looking at the downtown area and land that is available for redevelopment. ^ strategy would be developed to provide for mixed housing opportunities in and around the downtown area. The update to the City's Housing Element is due in the year 2003 and this type of study would assist staff to develop a strategy to provide more affordable housing opportunities and to assist Ukiah in having a Housing Element certified by the state. He discussed continuing interacting with housing advocacy groups in the City with the focus on affordable housing within the City. With regard to certification of the City's Housing Element by the state and its expectation of the City, he noted there may be a suggestion by the state that the City entertain the idea of annexation. He advised that there are constraints on staff to analyze and make a presentation to the state concerning the Housing Element and staff recommends hiring consultants who have experience dealing with the state and CDBG with regard to the certification process. There was a brief discussed regarding the situation whereby some cities do not have a certified Housing Element and are not eligible for state funding due to the difficulty of getting certified. Considerable discussion followed with regard to changing the zoning on property in order to accommodate a developer. Mr. Stump explained if the trend continues with a growing homeless population, spiraling housing costs, and a lack of housing stock, it would be his hope that the pressure to provide affordable housing is much greater than to continue with commercial development on land within the downtown core. M/S Ashiku/Libby adopting Resolution 2002-25, Supporting the Downtown Rebound planning Grant Application; carried by the following roll call vote: AYES: Councilmember Libby and Mayor Ashiku. NOES: Councilmember Baldwin. ABSENT: Councilmembers Larson and Smith. ABSTAIN: None. 10. NEW BUSINESS 10b. Report to Council Regarding City Security Measures City Manger Horsley explained that in response to the events of September 11,2001, all levels of government, from federal to the smallest municipalities, have developed new policies, established and coordinated increased training, and reviewed existing protocols and procedures for emergency response to any type of disaster. The City receives information from all levels of government. The City has developed and implemented plans and training to counter potential terrorist activities and initiated a series of training sessions Regular Meeting - December 19, 2001 Page 6 of 10 that have been initiated for City employees. Three areas of analysis and preparation which are a focus of the City's Emergency Response Program include 1) employee training and response, 2) potential facility and operation threat analysis, and 3) public education and coordination with other agencies. A Request for Proposal has been issued for vendors to enhance building security through the use of cardlock entry system and video cameras. Planning ahead of an emergency is key to a successful response but all employees must follow up with preparedness. To ensure accomplishment of this goal, training will be conducted on these procedures on an annual basis. She noted that positive feedback was received from the employees. She noted that the City received two pamphlets that will be copied and distributed to citizens on what to do if there is a potential disaster and what to do in those situations. In summary, she noted that the City of Ukiah, through the management and expertise of appropriate staff, has implementing the Emergency Response Program. Councilmember Baldwin expressed concern with security measures at the water treatment plant. Water/Sewer Operations Superintendent Borecky advised that he is confident that the City has appropriate security at the water treatment plant. Councilmember Baldwin also expressed concern with security at the Airport and unauthorized access to aircraft or renting a plan without proper identification. City Manager Horsley responded that the report submitted by Airport Manager Bua is very thorough and she will share it with him. Mayor Ashiku noted that the Airport Commission has taken up the process of looking at providing aircraft that comes in on a transient basis with chains so they can lock their airplanes down instead of using ropes. Although the doors to the aircraft will be locked, securing them further is important. Councilmember Libby referred to page 3, under Fire Procedures, and inquired if there was an alarm system within the main building. She commended the City Manager on the good job she is doing and urged her to keep this project as a top priority. City Manager Horsley advised that there is an alarm system. Mayor Ashiku noted that he is proud of the City since they began assessing security measures and general operations June of last year when it was brought to the attention of Council. Consensus of Council was to accept the report. 10. NEW BUSINESS 10c. Discussion of Water Issues for Mendocino County Inland Water and Power Commission Video Mayor Ashiku advised that at the last Mendocino County Inland Water and Power Regular Meeting - December 19, 2001 Page 7 of 10 Commission (IWPC) meeting, there was discussion about general resources of the valley that were available to all agencies and individuals. There was also some discussion concerning the funding that the Army Corp of Engineers has received for a feasibility study for raising the dam. The discussion then focused on raising public awareness as to the problems that exist. The Commission is requesting each of the member agencies of the IWPC to prepare a brief list of prioritized issues for the video. Councilmember Baldwin discussed the meetings of the IWPC that he attended and preferred that the City be able to view the video prior to investing money in it. It is important that the video be factual, and not a pro-growth or propagandized video. He felt the City would need to know what is needed, with buildout of the current City Limits. Water/Sewer Operations Superintendent Borecky advised that this summer the state performed an audit on the City's water supply and has identified that it is deficient in its storage capacity by 3.5 million gallons. Currently, the City has about 2.635 million gallons of storage capacity and the state wants the City to have 5.6 million gallons. Staff anticipates including this project with the water treatment plant expansion project. In response to an inquiry by Councilmember Baldwin with regard to the City's wells producing less recently, he explained that the City's Ranney Collector only produces about 4 million gallons of water per minute, whereas when it was first built, it produced about 13 million gallons of water per minute. He discussed the various situations that contributed to the decline of the Ranney Collector. The City approved $98,000 towards cleanout of the pipes and repairs are expected to bring the Collector to 8 million gallons. He discussed the expansion project for the water treatment plant and continued to discuss the situations with the production of the City's four wells. City Attorney Rapport explained that the City has a year round permit to pump water out of the Russian River, including the summer months. If there is no other source naturally flowing into the river as groundwater, and it is only Lake Mendocino water that's being released, then it is project water and water that is subject to the Flood Control District's permit. Councilmember Baldwin inquired as to the percentage of usage by the Golf Course during the summer months. Mr. Borecky estimated the Golf Course using about 325,000 to 350,000 gallons per day for irrigation during the summer. Summer usage in the City averages about six to seven million gallons per day. Upon further questioning by Councilmember Baldwin, Mr. Borecky explained that there are no plans for a reclamation line to a reservoir above the Golf Course at this time. In a study conducted by Kennedy-Jenks, it was identified but deferred until more critical items were addressed. Councilmember Libby inquired as to the City's views concerning the potential for raising the dam and noted it was her understanding that the Flood Control District opposed such a move. City Attorney Rapport explained that the City has never taken a position on this matter Regular Meeting - December 19, 2001 Page 8 of 10 nor was it discussed by the City Council. It is his understanding that the Corp of Engineers has $100,000 to study the feasibility of raising the dam. Discussion continued with regard to the content of the video. Background concerning the Potter Valley project and the Eel River diversion were discussed. It was also noted that was the original idea for the video was to provide facts to the Ukiah community in case they needed to vote on a water issue. The video could provide a great educational tool to the citizens of Ukiah and the surrounding areas. Concern was expressed that the issue not be laden with politics but would be objective. Issues related to the Eel River and increasing the capacity of Lake Mendocino were discussed. Mr. Borecky advised that the highest priority should be given to the City's needs for storage and expansion of the treatment plant. Recycling efforts at the wastewater treatment plant would follow. It was his opinion that many agricultural customers that live close to town and have been receiving District water will be looking for water because the District will be discontinuing their water service. Councilmember Libby was of the opinion that the issue of water diversion should be included in the video because it is unclear to most people. City Manager Horsley explained that she would contact Ms. Pauli for further clarification as to what IWPC wants Council to provide. Councilmember Baldwin felt it important to let the citizens know where their water comes from and it should be a primary focus of the video. The video might also address the scenario of given years of drought, what would that mean to the people of Ukiah under the current situation. This might feed into support or interest in raising the dam. Mayor Ashiku felt it important to educate the public that there are Section 7 consultations occurring, potential problems that occur on the Eel River that affect our water source, and we need to increase our capacity based on a feasibility study and the needs to justify it. City Manager Horsley advised that a hydrologist will attend the January 16, 2002 City Council meeting and provide a presentation to Council as to the reasons why we need to do hydrology in the Ukiah valley and what hydrology studies will tell us. Consensus of Council was to take no action at this time. 10. NEW BUSINESS 10d. Consideration of Cancellation of January 2, 2002 City Council Meeting Consensus of Council was to cancel the January 2, 2002 City Council meeting. 11. COUNCIL REPORTS Councilmember Libby reported that she attended the Christmas luncheon for volunteers at the Grace Hudson Museum. She also attended commendations for the Ukiah High School women's cross county track team and for Amber Trotter. Both her and Mike Harris provided the presentations to the team. She displayed the final draft of the design for the Recreation and Cultural Center that will be printed for their forthcoming fundraising effort. Regular Meeting - December 19, 2001 Page 9 of 10 This week the California Endowment indicated they could receive a grant in the amount of $500,000 this year. Councilmember Baldwin reported that he had a good time at the City employees Christmas dinner. He asked the City Manager if she could provide a memo regarding the process that led to the approval of a 30-foot sign at the car lot on East Perkins Street near the freeway and how that slipped through the system. He further explained the site of the signage. City Manager Horsley explained that she would direct Planning Director Stump to provide a memo to Council regarding the matter. 12. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS City Clerk Ulvila advised that new information from the Fair Political Practices Commission was received and copied for Council. Most of the information pertains to Statements of Economic Interest (Form 700) filers. This is particularly informative in light of campaigns for the November 2002 election. Adjourned to sit as the Ukiah Redevelopment Agency: 8:26 p.m. Reconvened as City Council: 8:30 p.m. Recessed: 8:30 p.m. Reconvened: 8:35 p.m, Adjourned to Closed Session: 8:35 p.m. 13. CLOSED SESSION 13a. G.C. §54957.6- Conference with Labor Negotiator Employee Negotiations: Fire Unit Labor Negotiator: Candace Horsley No action taken. 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 9:00 p.m, Marie UIvila, City Clerk Regular Meeting - December 19, 2001 Page 10 of 10