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
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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
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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
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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
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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
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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
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