HomeMy WebLinkAboutMin 10-06-04MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, OCTOBER 6, 2004
The Ukiah City Council met at a Regular Meeting on October 6, 2004, the notice for
which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council
Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following
Councilmembers were present: Rodin, Andersen, Smith, Baldwin, and Mayor Larson.
Staff present: Public Utilities Project Manager Burck, Community Services Director
DeKnoblough, Finance Director Elton, Wastewater Treatment Plant Supervisor Gall,
City Manager Horsley, Water Treatment Plant Manager Jamison, Planning Associate
Lohse, Accounting Manager McCann, City Attorney Rapport, Deputy Public Works
Director Seanor, Public Works Director/City Engineer Steele, Planning Director Stump,
Public Utilities Director Ziemianek, and Deputy City Clerk UIvila.
2. PLEDGE OF ALLEGIANCE
Community Services Director DeKnoblough led the Pledge of Allegiance.
3. PRESENTATIONS
3a. Presentation from Mendocino Council of Governments
Phil Dow, Executive Director of the Mendocino Council of Governments (MCOG)
provided Council with a 2005 update of the Mendocino County Regional Transportation
Plan (RTP). A summary of issues and areas of improvement that this update will focus
on include: 1) Interagency coordination and public involvement, 2)Tribal government
issues, 3) Private sector involvement, 4) List of financially unconstrained projects, 5)
Designation of specific Level of Service on highways, and 6) Discussion regarding
school bus transportation as a form of transit. He explained that MCOG agreed to fund
about $5 million towards the Hopland Bypass project once funds became available and
if Caltrans agreed to keep the project in line for funding.
3. PRESENTATIONS
3b. Presentation from the City of Ukiah's Paths~ Open Space~ and Creeks
Commission
Dan Holbrook, Chairman of the POSC, expressed appreciation to staff for their
support. He provided an overview of the POSC's responsibilities as designated by the
City Council. Topics of monthly meetings and workshops have included field trips,
current projects, and the Committee's focus for April 2005. He requested the City
Council and community's help with their projects.
Bill Randolph discussed the POSC recommended improvements for the Brush Street
Triangle as it relates to the Open Space Element of the General Plan. POSC has
discussed separating the Committee into teams with regard to the members items of
interest. His particular interest is with stream habitat restorations and would like to use
the University of California (UC) extension programs in Ukiah and Hopland to develop
ways in which habitat and development can coexist.
Howie Hawkes outlined the POSC Commission's Western Hills Conservation and
Development Recommendations, as contained in the Staff Report. He went on to
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October 6, 2004
Page 1 of 8
discuss obtaining public access to City-owned parcels and the fish hatchery for hiking
and educational purposes.
Jamie Connerton discussed providing open space around paths along creeks and that
the POSC would be working on developing a trail from Pomolita School, near Orr Creek
on Bush Street, and extending it to the east near the Oak Street bridge to create a
better urban creek environment.
Tape lb
Fred Koeppel discussed creeks, streams and restoration projects, and explained that
the Committee's goal is to restore the Gibson Creek area that runs through the center of
Ukiah. POSC is also interested in the area near the railroad depot on Perkins Street and
working with the Skate Park Committee to establish a buffer zone and pathway along
the creek. The POSC is researching funding options for this project.
Discussion followed with regard to a barrier in Gibson Creek on the eastern side of
Leslie Street and with stream restoration. Councilmember Rodin advised that the
California Department of Farm Land Conservation has $12 million available through
Proposition 44 for preservation of agricultural lands. Councilmember Smith pointed
out the benefits of having a path near the Golf Course and suggested the POSC
continue to work on that project.
3. PRESENTATIONS
3c. Presentation from Wagner & Bonsignore Consulting Civil Engineere
Concerning Russian River Water Hydrology
Bob Wagner, representing the firm of Wagner & Bonsignore, a water resource
management firm in Sacramento, provided information to Council on hydrology of the
Russian River and stated that it shows that more studies are needed to understand the
valley's water rights. He provided a Power Point presentation concerning the issues that
the City is facing with regard to water rights in the Ukiah valley.
4. APPROVAL OF MINUTES
4a.A[~Droval of Portions of Minutes from the September 17 2004 City Council
Meeting
M/S Smith/Rodin approving the portions of the Minutes from the September 1, 2004,
and carried by unanimous consent.
4. APPROVAL OF MINUTES
4b. Re~ular Meeting of September 157 2004
Councilmember Rodin noted a correction to page 3, last paragraph, second sentence
should read, "He and the NCPA hydro engineering staff will begin consulting with NOAA
Fisheries."
M/S Smith/Andersen approving the Regular Meeting Minutes of September 15, 2004,
as corrected and carried by unanimous consent.
4. APPROVAL OF MINUTES
4c. Joint Meeting of the City Council & Planning Commission of September 29,
Regular City Council Meeting
October 6, 2004
Page 2 of 8
2OO4
M/S Rodin/Smith approving the Joint Meeting Minutes of the City Council and Planning
Commission for September 29, 2004, as presented, and carried by unanimous consent,
with Councilmember Andersen abstaining.
5. RIGHT TO APPEAL
Mayor Larson read the appeal process.
6. CONSENT CALENDAR
Councilmember Andersen requested item "6c" be pulled from the Consent Calendar
and scheduled for discussion at the next council meeting. He will confer with Staff
regarding his concerns.
M/S Smith/Andersen approving items "a" through "b" and "d" through 'T' of the Consent
Calendar as follows:
a. Received Notification of Purchase of One Watson Marlow Chemical Feed Pump
from JBI Water & Wastewater Equipment in the Amount of $5,829.04;
b. Received Notification to Council Regarding Purchase of 4,500 ft. of #2 AWG
Aluminum, 15 KV, EPR Insulated Single Conductor, Jacketed Concentric Neutral,
Underground Cable to American Wire Group in the Amount of $8,735.51;
· .....A"'~"~"~..._....... ....~'~.. fo'. . H!.3h ~/"~*~"".....-~...-.,I ~""... C!e~rJng ..~"'~.... T'e"., .. TrJmm!.-.g ~+ ~/~-~'", ,o ~
· ,,~'4n. --, ,,.,-,,- ,nnn' (Continued to 10/20/04)
d. Authorized Allowance for Staff to File Necessary Applications to Become a Member
of Water/VVastewater Agency Resource Network (VVARN) and Directed City
Manager to Enter Into Agreement;
e. Authorized the Execution of Amendment No. 4 to the Service Agreement for Fuel
Card Lock Services for Rino Pacific, Inc.;
Authorized the Execution of Amendment No. 4 to the Service Agreement for Fuel
Card Lock Services to Redwood Oil Company;
g. Received Report of Disposition of Surplus Used Equipment;
h. Rejected Claims for Damages Received from Michael Center and Christopher Scott
and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund;
i. Received Notification to City Council Regarding Execution of Exhibit C of Contract
No. 96-SNR-00110 Between Western Area Power Administration and the City of
Ukiah.
Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen,
Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward to address Council.
8. PUBLIC HEARING (6:45 P.M.)
8a. Continuance of Major Subdivision Map Application No. 03-57
Planning Director Stump advised that the Planning Department, with the consent of
the applicants for this project, requests that the City Council continue this item to
October 20, 2004. This continuance is requested to allow the full passage of the 30-day
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October 6, 2004
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period required for the adoption of Ordinance No. 1058, which was approved by the
Council on September 15th,
Public Hearing Opened: 8:12 p.m.
No comments received.
Public hearing Closed: 8:12
M/S Andersen/Smith to continue the Public Hearing regarding Major Subdivision Map
Application #03-57 to October 20, 2004, carried by the following roll call vote: AYES:
Council members Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None.
ABSTAIN: None.
Recessed at 8:15 pm
Reconvened at 8: pm
9. UNFINISHED BUSINESS
9a. Discussion and Direction to Staff Concerning Flood Control District Water
SuDDIv Contract
City Attorney Rapport explained that the Mendocino County Russian River Flood
Control and Water Conservation Improvement District (District) proposed, and on
September 17, 2004, and has now approved a standard Water Supply Contract which
must be signed by anyone wanting to use water under the District's water rights permit.
The letter accompanying the final contract gives each customer until November 4, 2004,
to submit a signed contract to the District. The District has established $25 per acret
foot as the fee for the first year of the contract. City Staff had the contract reviewed by
Gary Weatherford, its water rights attorney and he discussed the concerns, as outlined
in the Staff Report. He also discussed problems created by the contract and efforts to
bring these concerns to the District. If the City signs the contract, whatever water the
City does not use would go back to the District and the City would be allocated that
much less water the following year.
Discussion followed relative to the City's reporting practices to the State concerning its
water usage, the City's prior use of water from the District, and allowing for dry years
when the City's water supply is Iow. The Mendocino County Water Agency has also
expressed concerns with the standard contract and the Mendocino County Board of
Supervisors wrote a letter to the District outlining those concerns. Concern has also
been expressed by farmers, Fetzer, and other users. The District's public hearing
process regarding this matter was questioned. It was Staff's opinion that the District
has not made a serious effort to work through the contract language with its water
users.
Tape 2b
Discussion continued regarding the District's view that the City should use the District's
water allotment first, then its own water source. Other issues, such as consumptive
use, protecting the rights of Ukiah's citizens, and having the District bill the City for the
amount of water it consumes. The issue of lack of conservation methods in the valley
was noted.
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October 6, 2004
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It was the consensus of Council that Staff should compile firm historical data on its
water use and continue to negotiate contract changes with the Dist.
Hal Wagenet, Chairman of the Mendocino County Board of Supervisors, referred to the
Board's letter to the District, as contained in the Staff Report, and discussed the Board's
concern with possible Brown Act violations when the District met without taking public
comment.
Lee Howard discussed the City not requiring Conflict of Interest statements from
consultants and he encouraged Council to set a policy to require them to disclose their
financial interests with the City.
Tape 3a
Discussion continued with regard to the pumping capacity of City wells. In summary,
Council requested Staff find out the history of the City's water use from the District,
discuss conservation with the District, contact other interested parties to see if they want
some changes in the contract, contact Wagner & Bonsignore concerning their other
clients, and see if other agencies are interested in meeting regarding this matter.
Members of the Council also expressed concern with possible Brown Act violations by
the District.
9. UNFINISHED BUSINESS
9b. Discussion of Selection of Replacement Trash and Recycling Receptacles
and Bicycle Racks for Downtown
Community Services Director DeKnoblough reviewed examples of bike racks and
trash receptacles provided in the Staff Report to be paid for from Redevelopment
Agency funds.
Members of the audience that spoke against purchasing new trash receptacles and bike
racks were: John McCowen, Ana Araiza, Eric Crane, and Douglas Crane.
10. NEW BUSINESS
10a. Receipt of Fifth Fiscal Year Report and Determination of Findings with
Respect to the Airport Industrial Park Capital Improvement Fee Account
Consultant Kennedy discussed his Staff Report to Council and provided historical
background on the project. He reported that no interested parties had submitted written
requests to receive the notice as required by the Mitigation Fee Act. He went on to
discuss various traffic engineering reports that were prepared for this project.
Tape 3b
Consultant Kennedy explained the four Findings staff is recommending the City
Council make in accordance with the Mitigation Fee, as contained in the Staff Report.
He continued with a discussion of the mitigations for the Talmage Road/Airport Park
Boulevard improvements. The exceptions to the fees, and fee projections as noted in
Finding #4, were explained to Council.
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October 6, 2004
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M/S Baldwin/Smith to receive the Fifth Fiscal Year Report as required by the Mitigation
Fee Act and making the recommended findings presented in Staff's Agenda Summary
Report
A brief discussion followed related to the cost of widening Talmage Road and the state
not assisting the City with project costs. It was noted by Staff that the City plans to
apply for CDBG and other types of grant funding.
Motion carried by the following roll call vote: AYES: Council members Rodin,
Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None.
ABSENT: None.
10. NEW BUSINESS
10b. ADDroval of Member Services Agreement Authorizing Use of $2007000 From
the City's Northern California Power Agency (NCPA) Ol~eratin_~ Reserve to
Investigate Details to Restart the Lake Mendocino Hydro Facility
Director of Public Utilities Ziemianek advised that site meetings and reviews with the
Army Corp of Engineers, Federal Energy Regulatory Commission (FERC) and other
agencies indicate the facility can be started pending changes to plant operational
procedures and mechanical upgrades. He recommended approval of $200,000 through
the Member Services Agreement with the Northern California Power Agency (NCPA),
and requested the City Manager be authorized to execute it on behalf of the City of
Ukiah. He explained that Councilmember Smith presented the Service Agreement to
NCPA and it unanimously approved use of reserve funds.
M/S Smith/Rodin approving Member Services Agreement authorizing use of $200,000
from the City's Northern California Power Agency (NCPA) Operating Reserve to
investigate details to restart the Lake Mendocino Hydro Facility and authorize the City
Manager to execute Agreement; carried by the following roll call vote: AYES: Council
members Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None.
ABSTAIN: None. ABSENT: None.
10. NEW BUSINESS
10c. Discussion and Possible Action Re.qardin.q Fillin.q a Vacancy on the City
Council
City Manager Horsley advised that Councilmember Andersen announced that he will
be vacating his position as of October 31, 2004 and the City Council must now
determine the process for filling the vacant Council seat created by this change in
position. She discussed the two options available for filling a vacant Council seat within
30 days from the commencement of the vacancy. She explained that the Council must
either fill the vacancy by appointment or take action to participate in an election by
November 30, 2004.
Discussion ensued relative to the options available to the Council as well as the
estimated cost to hold a Special Election. Suggestions included allowing
Councilmembers and citizens to be eligible to apply for the vacancy and not limiting the
pool of applicants to just those on the November ballot.
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October 6, 2004
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Members of the audience that spoke to the issue included: Jim Mulheren, John
McCowen, Eric Crane, and Mark Ashiku.
City Attorney Rapport stated the vacancy needs to be filled by appointment no later
than November 30th (30 days from the date of the vacancy- October 31
Councilmember Andersen stated he was elected by a certain group of people in the
City and he would like the current Council to select his replacement.
Tape 4a
It was the consensus of the Council to solicit applications from candidates and the
general public for appointment to the vacancy with the deadline of November 4th.
11. COUNCIL REPORTS
Councilmember Rodin reported attending a meeting of the Greater Ukiah Chamber of
Commerce and it formally endorsed Measure N in the November election. Jim
Mulheren announced at the meeting that a member of MCA has resigned and that if
MCA were to fold there is a possibility the Chamber would take over its duties.
James Mulheren advised that the life of MCA has been extended to Nov 21,2004.
Councilmember Rodin also reported attending a Russian River Watershed meeting
and there was an interesting presentation by a biologist who is working on a project in
the Russian River with regard to breeding salmon back into the habitat and noted there
is a severe decline of salmon in streams. She also reported attending a brown bag
lunch at the Democratic headquarters for Measure N. Today she went to Point Arena
for an Economic Development Commission meeting and community issues related to
Point Arena were discussed.
Councilmember Smith reported he attended the NCPA annual conference and the
most important event was the passage of a resolution to allow the City of Ukiah to use
its reserve funds. On September 30th he attended the 90t' birthday of the Greater Ukiah
Chamber of Commerce.
Councilmember Baldwin advised that the Army Corps of Engineers stated, in
response to Redwood Valley's claim that the issue of raising the dame was fruitless,
that it would not pursue this project unless it thought the feasibility study could conclude
that raising the dam would be successful. He requested a future agenda item to
consider having Rau Engineering conduct some studies regarding the amount of water
that may be garnered from Akerstrom Creek and Bush Creek in Potter Valley.
Mayor Larson reported that MCOG and LAFCO meetings were held on Monday.
attended the Greater Ukiah Chamber of Commerce's 90t' anniversary.
He
12. CITY MANGER/CITY CLERK REPORTS
City Manager Horsley reported that staff discussed holding a joint meeting of the City
Council with the Ukiah Valley Sanitation District (District) and they suggested October
20, 2004, from 4:00 to 6:00 p.m. Their regular meeting begins at 2:30 p.m. on that day.
Regular City Council Meeting
October 6, 2004
Page 7 of 8
Councilmember Baldwin discussed the needed votes in order to begin the financing
process. He explained that Supervisor Delbar wanted to invite engineers from the
Sonoma County Water Agency to inform the District how to obtain more connections
before the new plant goes on line; however, the District saw no need for it.
Deputy City Clerk advised that the City is soliciting applications for the City Clerk
position.
Councilmember Baldwin noted that both Planning Commissioner Jennifer Puser and
Bob Wallen are resigning from the Planning Commission in November 2004.
City Manager Horsley advised that the Planning Commission would prefer to have
three members for two months until the City Council appoints new Commission
members in January 2005.
Councilmember Baldwin disagreed with the Planning Commission recommendation.
Adjourned to Closed Session at 11:44 p.m.
13. CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section
54956.9(b) (1 case)
No action taken.
14. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 12:42 p.m.
Marie Ulvila, Deputy City Clerk
Regular City Council Meeting
October 6, 2004
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