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HomeMy WebLinkAboutMin 02-16-00MINUTES OF THE UKIAH CiTY COUNCIL Regular Meeting Wednesday, February 16, 2000 The Ukiah City Council met at a Regular Meeting on February 16, 2000, the notice for which had been legally noticed and posted, at 6:35 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Libby, Baldwin, Ashiku, and Mayor Mastin. Councilmember absent: Smith. Staff present: Public Utilities Director Barnes, Airport Manager Bua, Community Services Director DeKnoblough, Police Administrative Sergeant Dewey, Finance Director Elton, Assistant City Manager Flad, Personnel Officer Harris, Risk Manager/Budget Officer Harris, City Manager Horsley, MIS Coordinator Klingbeil, City Attomey Rapport, Airport Assistant Richey, Deputy Public Works Director Seanor, Senior Planner Stump, Police Chief Williams, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Vice Mayor Ashiku led the Pledge of Allegiance. 3a. PROCLAMATION: Aqainst Hate and Violence Mayor Mastin read the Proclamation proclaiming "our unequivocal opposition to any manifestation of hatred and prejudice towards any group or individual, resolve to stand together with all people of good faith across the country and support this national effort to push back the rising tide of hate violence, and join thousands of others to say with one voice, "NOT IN OUR TOWN, NOT IN OUR NATION". The Proclamation was accepted by Tom McMillian and LaCretia Peoples who thanked Council. Mr. McMillian briefly discussed other cities who have initiated similar proclamations. City Manager Horsley advised that the video "The Color of Fear" will be made available for viewing for Council. 3b. PROCLAMATION: Lose the Chew Week Mayor Mastin read the Proclamation proclaiming the Fourth Week of February, 2000 as "LOSE THE CHEW WEEIC. Marilyn Butcher, President of the Ukiah Chapter of the American Cancer Society, accepted the Proclamation. She thanked the City Council and hopes the message will get to the youth of the community. Their third relay race is scheduled in June for the Relay for Life. APPROVAL OF MINUTES: 4a. Joint Meetin_~ with Ukiah Airport Commission of January_ 11. 2000. MIS Baldwin/Ashiku approving the Minutes of the Joint Meeting with the Ukiah Airport Commission of January 11, 2000 as submitted, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. February 16, 2000 Page 1 of 17 ABSENT: Councilmember Smith. ABSTAIN: None. APPROVAL OF MINUTES: 4b. Re_oular Meetina_ of January_ 19. 2000 MIS Baldwin/Ashiku approving the Minutes of the Regular Meeting of January 19, 2000 as submitted, carried by the following roll call vote: AYES: Councilmembers Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: Councilmember Libby. 5. RIGHT TO APPEAL DECISION Mayor Mastin read the appeal process. 6. CONSENT CALENDAR MIS Ashiku/Baldwin approving items a through I of the Consent Calendar as follows: a. Approved Disbursements for the Month of January 2000; b. Rejected Claims for Damages Received From Virginia M. Beaumont and Stace_v phillips, and Referred to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund; c. Awarded Bid for 45, 50, and 55-Foot Class 3 Western Red Cedar Poles to Bell Lumber & Pole Co. in the Amount of $15,026.80; d. Awarded Bid to Western States Electric, Inc. for the Purchase of Two Padmount Switches in the Amount of $50,109.47; e. Awarded Bid for Annual Contract for Chlorine Products to Sierra Chemical Company for the Sum of $56.24 for 150 lb. Cylinders and $314.93 for 1-Ton Cylinders; f. Awarded Bid for Liquid Ferric Chloride to Kemwater for the Sum of $357 per Dry Ton; g. Rejected Bids for the Purchase of Personal Protective Equipment; h. Received Notification to Council of Purchase of Body Armor Vests in the Amount of $7,251.22 and Approval of Budget Amendment in the Equipment Replacement Fund; I. Received Request for Authorization to Lower Service Requirements for Purchase of Retiree Insurance; j. Received Report to 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 Gibson Creek; k. Awarded Bid to Big Four Rents for Purchase of Five Yard Dump Truck in the Amount of $38,500; I. Adopted Resolution No. 2000-30 Establishing Three No-Parking Zones/Bus Loading Zones and Removing Four Bus Loading Zones Along North State Street in the City of Ukiah. The Motion carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address Council. February 16, 2000 Page 2 of 17 UNFINISHED BUSINESS 8a. Approve Letter of Su_o_oort to the California Coastal Conservancy for Fundina Phase One Develo_oment of the Gobbi Street Riverside Park Pro_iect Senior Planner Stump advised that a draft letter to the California Coastal Conservancy has been prepared at their request seeking support from the City for Phase I development funding for the Gobbi Street Riverside Park project. At its meeting on November 17, 1999, Council approved the Concept Plan for the Gobbi Street Riverside Park project. At that time, staff indicated that the first phase of funding would be approximately $80,000- $100,000 of grant money from the Coastal Conservancy and would go towards agricultural buffering, such as fencing and plantings along the border, as well as some riverbank restoration and habitat restoration work in the southeast corner of the property. Staff is requesting Council approve the letter of support for that funding. Upon questioning by Councilmember Baldwin with regard to surrounding the park with an eight foot high fence, Mr. Stump advised that the design of the fence has not been finalized and staff is reviewing various options for the fencing. He discussed the design being urged by the adjoining agricultural community of an eight foot high fence. Councilmember Baldwin expressed concern that the funding for fencing the property would primarily protect the interests of adjoining owners and that the $100,000 would not be used for the community or for recreational purposes. Mr. Stump reiterated that the final design of the fence has not been chosen. The Coastal Conservancy is limiting the City to spending the funds for agricultural buffering and habitat restoration. The money cannot be used for Park improvements or anything else. The fencing will not only protect the agricultural lands but the Park as well. He discussed options for making the cyclone fencing more aesthetic and that planting materials near the fencing would make the fence more difficult to climb. The ultimate goal is to have a green fence, metal in construction, that will remain for a long time. In response to an inquiry by Mayor Mastin concerning whether an eight foot fence would be in violation of City ordinance, Mr. Stump advised that it would not be in violation in the Public Facilities Zoning District with the securing of a Use Permit. He noted that the agricultural community wants a fence that will keep people in the park and off their property. He advised that the design of the fence will come back to Council for review, if Council so desires. Councilmember Baldwin stated that Council should not represent the surrounding owners and agricultural interests, but the citizens of Ukiah who want more river access and a beautiful recreational area. He inquired about riverbank restoration in the southeast corner of the property and if $50,000 is to protect the property of the neighbor. Mr. Stump discussed a major problem with erosion and trees falling into the water in that section of the City's property. He reminded Council that the property owner to the south has been concerned about the erosion problem because it is coming his way. Staff is evaluating if the problem is the cause of the City. The City is assuming that if there is February 16, 2000 Page 3 of 17 erosion on City property and it's spreading, it should have some responsibility to do something about it for the sake of the City property, and secondly if it goes onto adjoining property there may be liability issues. Councilmember Ashiku noted that there is no fence along the river so there is adequate river access. Part of the bank stabilization work and improvements along the riparian corridor were intended to.prevent erosion that would result from trail usage and access to the river. Those are safeguards put into place to prevent further erosion. Mr. Stump concurred with Councilmember Ashiku's observations, noting that the southeastern corner is a popular fishing area and there are trails for foot traffic and a lot of vegetation has been trampled. Trees have been removed by individuals which has led to erosion. He responded to an inquiry by Councilmember Ashiku, noting that the City risks loosing the funding for necessary improvements if the letter is not submitted to the Coastal Conservancy. He explained that the grant does not require matching funds. City Manager Horsley explained that when staff returns to Council with fencing options, they will also provide comments from the agricultural neighbors, the General Plan, and all agreements made at that time. This will help to educate Council on the past history of the property. Mr. Stump explained that, as funding becomes available, and as the City begins pursuing design of elements for the Concept Plan, it will be brought back to Council for review and approval. Councilmember Libby expressed concern, as voiced in a previous meeting, regarding sewer leakage and the possibility of contamination. After that meeting she reviewed the Negative Declaration and did not see the sewer leakage addressed in the document. She felt that if sewage has been leaking for approximately 26 years, there may be some contamination nearby. Mr. Stump explained that staff followed up with the Regional Water Quality Control Board (RWCQB) on this issue. The RWCQB expressed no concern and there was no requirement for cleanup because it was a minor issue to them. Ms. Horsley explained that the pipe was located in the Sanitation District and they have fixed the problem. She further explained the leakage situation was mainly contained in the pipe and noted it did not result in extensive spreading. Further discussion followed concerning biological waste and biosolids in sewer plants. Further testing will be conducted for other items in and around the property. There was discussion concerning the exact location of the leakage. It was noted that the pipe in question was an old pipe from the old sewer plant which was decommissioned in 1958. Councilmember Baldwin expressed concern with piece meal development of the park without a City commitment to either maintain, upgrade, or make it more aesthetically February 16, 2000 Page 4 of 17 pleasing and provide security. He was of the opinion that a park ranger would be better than an eight foot high barbed wire fence. He stressed the importance of the City making a commitment to maintain the park and eventually making it a City park. Councilmember Ashiku expressed a need to hear from the agricultural interests in the area. He recommended staff find ways to integrate an eight foot high cyclone fence into the environment, such as planting. Mr. Stump explained that the concept of an eight foot high fence was suggested by the family to the north of the property due to their experiences with fencing of their property, and felt there is a dramatic difference between a six foot and eight foot fence in terms of keeping people out or in. Staff can pursue other designs and materials and report back to Council. He further explained that there is a problematic area where the fence meets the river and a lot of trespassing takes place there. He cautioned taking a fence to the river bank because of the river changing. An option available would be replaceable fencing panels that would be placed on the end of the fence and would not be permanently fixed into the ground. These panels could be removed in the winter time so that debris and water flows downstream. Mayor Mastin announced that it is the Consensus of Council is that the design of the fencing should be returned to Council for review and approval. In response to an inquiry by Councilmember Baldwin with regard to the Conservancy's concern with agricultural buffering, Mr. Stump explained that Conservancy staff has stated that they want to be good neighbors with projects that they fund. They have been working with agricultural communities along the Russian River for years and want to protect adjoining property owners, especially if they are agricultural, because they are a resource and a part of this community. The Coastal Conservancy has an interest in the Russian River Watershed and to protect the river and the coast. He noted that the Bond Measure on the Ballot in March could potentially bring additional money to the project. Councilmember Ashiku stated the park is utilized by the public all the time and the City has a responsibility to the adjoining neighbors to protect their livelihoods. The funding is an opportunity for the City to fulfill its obligation, at no cost to the public and to restore the riparian corridor that get damaged yearly by the people who visit the park. Councilmember Baldwin inquired if the property is currently designated as a City park and also inquired about liability and maintenance issues associated with the property. Ms. Horsley explained that the property currently is not a City park. The front portion of the property is leased to two youth groups. She discussed the City's attempt to secure the property with a locked gate and other measures to prevent people from going to the back portion of the property, however people are constantly tearing the barriers and individuals are riding their BMX bikes onto agricultural lands. The agricultural owners have installed barbed wire in an attempt to keep cyclists out of the area. At some point the property will officially become a City park. February 16, 2000 Page 5 of 17 MIRC AshikulLibby approving sending a letter of support to the California Coastal Conservancy for funding the Phase One Development for Gobbi Street Riverside Park, and that staff bring back to Council design options for fencing; carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. UNFINISHED BUSINESS 8b. Award of Bid for Electronics Records Mana_uement System. Software. Halrdware. and Services and A_o_oroval of Bud_uet Amendment City Clerk Ulvila noted that the City's optical imaging system for records management has not been in use for nearly two years due to faulty equipment which can only be replaced at a very high cost. On November 8, 1999, the City submitted a Request for Ouotation for an Electronics Records Management System which includes software, hardware, and services. Staff reviewed the four bids received and recommend Compulink Management Center, Inc. be awarded the bid for their "LaserFiche" system. Since the optical imaging system has not been functioning, retrieval of records has been very time consuming and frustrating. The City Clerk's office receives many inquiries from staff as well as the general public concerning records. The new system will allow staff (Citywide) to retrieve information immediately. She discussed LaserFiche's excellent reputation for its product as well as customer service. The product is flexible in the way documents can be entered into the system via direct scan or electronic file import. The need to replace the City's existing optical imaging system was addressed in the "Citywide Hardware/Technology Needs Assessment and Plan" presented to Council at its November 3, 1999 meeting. Since the replacement costs were unknown at the time the budget was adopted, a budget amendment is necessary to authorize the expenditure. Staff recommends the bid be awarded to Compulink and authorize a budget amendment of $37,900 from the General Fund balance to purchase the Electronics Records Management System. MIS Coordinator Klingbeil advised that staff is very satisfied that the City will be getting the system that we need to pick up where the failed system left off. Anything above what is being proposed would be unnecessary for a city of our size. She explained that the business is a well established company and has been doing this type of work for more than 20 years. A certified technician from Napa will be available for customer service. City Clerk Ulvila explained that she conducted a survey and found many cities using the LaserFiche program and are very happy with it and the customer service they provide. Ms. Klingbeil explained that the old system and how the new system will have 10 additional users to start with who would have simultaneous access to that information. This will be a concurrent user license so the software could eventually be placed on more computers. She discussed the module called Web Link which would be necessary to have Februa~ 16, 2000 Page 6 of 17 this information available on the Web. A number of agencies are currently employing this feature. MIRC Baldwin/Libby awarding bid for Electronics Records Management System, Software, Hardware, and Services to Compulink Management Center, Inc. In the amount of $36,346, and authorizing the City Manager to execute contract; and to approve Amendment to the 1999~2000 Budget increasing account 100.1101.800.000 by $37,900; carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. UNFINISHED BUSINESS 8c. Adoption of Ordinance Amending Ukiah Municipal Code Chapter 1. Article 2. Section 7030 with Regard to the Traffic Engineering Committee City Clerk Ulvila reported that the item is presented under "Unfinished Business" on the Agenda since two Councilmembers were absent at the time of introduction of the Ordinance at the January 19, 2000 City Council meeting. MIRC AshikulLibby adopting Ordinance No. 1025, Amending Division 8, Chapter 1, Article 2, Section 7030 of the Ukiah City Code which establishes the City Traffic Engineering; Office Established; carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. UNFINISHED BUSINESS 8d. Adoption of Ordinance Amending Ukiah Municipal Code Cha_oter 2. Article 2. Section 5113. Regarding the Composition of the Ukiah Disaster Council City Clerk Ulvila reported that the item is presented under "Unfinished Business" on the Agenda since two Councilmembers were absent at the time of introduction of the Ordinance at the January 19, 2000 City Council meeting City Manger Horsley advised that a Disaster Council meeting is being scheduled and Rick Paige from MESA will also be in attendance to introduce the Disaster Council members to .their role and the significance of the Disaster Council. She will report back to Council on the matter. M/RC Ashiku/Baldwin adopting Ordinance No. 1026, Amending Ukiah City Code Chapter 2, Article 2, Section 5113, Regarding the Composition of the Ukiah Disaster Council; carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 9a. Consideration and Adoption of Ai _rport Noise Abatement/Good Neighbor Plan City Manager Horsley stated that Council saw a Draft of the Plan at the Joint meeting with the Airport Commission and that the Commission finalized their recommendations at an Airport Commission meeting. February 16, 2000 Page 7 of 17 Assistant City Manager Flad discussed the final version of the Good Neighbor Plan. He explained that the beginning of the Plan refers to federal and state regulations of noise from airports. There is an attachment of the General Plan that provides discussion on noise and attached to the Plan are guidelines put forth by the state which also outlines how noise patterns are determined, regulated, and the various studies conducted about noise and how it impacts sleep in urban and rural environments. He reviewed the seven sections of the Plan, as provided in the Staff Report, which contain a total of 34 specific action items for the Airport Manager, Airport Commission, and Planning Department implementation: Section I: Quiet Flying Procedures. Section Section Section Section Section Section I1: Notification of Procedures. II1: J~J~3JJ[3J~9~ IV: Complaint Process.. V: Barriers and Technology. VI: 'Airport Development. VII: Land Use in Airport Vicinity. Councilmember Baldwin referred to page 6, Section I, first paragraph of the Report, and inquired as to the meaning of the word "recommended". Mr. Flad responded by stating that adoption of the Plan would be making recommendations. He further explained that the Federal Aviation Authority (FAA) limits airports and local agencies ability to regulate air traffic which stems from the Commerce Clause of the Constitution. City Attomey Rapport advised that it also may stem from the Supremacy Clause and the Federal Aviation Act itself. Councilmember Baldwin inquired as to why this would not apply to controlled airports and if the City has control over aircraft in terms of their landings and departure direction. Mr. Flad stated that they would still be covered under Federal Aviation Regulations Part 150, Part 161, whereby noise is strictly covered by the FAA. They limit local agencies' ability to control the amount and number of airplanes that are taking off. Councilmember Baldwin referred to the third paragraph on page 6, concerning the City of Ukiah establishing "an Airport operational policy of requesting that aircraft execute a 15- degree turn to the east when taking off toward either the north or the south." He inquired if the FAA is not allowing us to control the noise over the City. Mr. Flad advised that the "key" is requesting the 15-degree right hand turn upon a northern departure and the caveat is "when safe". The FAA has left it to the pilot's discretion as to when to turn in the interest of air safety. The FAA's primary interest is in the safety of airplanes and of those flying airplanes from when they are on the runway to flying to when they return to the runway. In response to Councilmember Baldwin's February 16, 2000 Page 8 of 17 observation that those living in the Oak Manor area experience more noise when airplanes make a 15-degree turn to the east at Gobbi Street, Mr. Flad concurred and noted the goal is to divert the noise from the majority of residents away from the hospital and major urban centers. Councilmember Baldwin inquired as to why it seems that most aircraft heading south on calm days, take off to the north. Airport Manager Bua explained that the preferred calm wind runway is runway 15 to the south. He discussed flight patterns of carriers and other aircraft departing and arriving at the Ukiah Regional Airport. Noise related to these flights was discussed. With regard to an inquiry by Councilmember Baldwin regarding the installation of a beacon on the southem hills, Councilmember Ashiku advised that there is a problem with the glide slope being very severe because of the western hills, that you can't have a feasible approach, and may collide into the mountains. Therefore, the FAA will not place a beacon on the southern hills. He advised that 100% of Instrument Flight Rules (IFR) will be from the north. This would be limited to a few carriers arriving daily. The remainder of the non-IFR flights will be landing at the active runway, which depends on the prevailing wind at the time. Councilmember Baldwin referred to page 8, Jet Aircraft, and inquired as to why they are departing at night. He also inquired if it would be feasible to ask all aircraft to avoid night take offs. Mr. Bua explained that, traditionally, jets have been so much louder than other planes. He stated that the Airport is open 24 hours a day, and is a public use Airport. We cannot restrict the use of the Airport except for noise. He noted that the Airport probably does not get 15 jet departures a year at night. Councilmember Baldwin was of the opinion that property acquisition doesn't have much to do with noise, but rather with expanded operations which will mean more noise with the extension of runways and building more hangars. He referred to pages 18, 19, and 20 and felt we are in a mode for expanding which will only mean more noise in the long run. Mr. Flad explained that one of the components to property acquisition is for a runway protection zone. Another component involves situations such as the Ryan property which was purchased last year which does lend itself to additional Airport development. He noted that all Airport development comes before the Council and not all Airport development will result in increased noise. Councilmember Baldwin inquired if anyone has considered establishing a maximum limit for base aircraft at the ^irport as a means of dealing with the prospect of increased noise. Mr. Bua advised that the Airport has never considered limiting the number of aircraft because in the past 15 years the number of aircraft has varied very little. A number of February 16, 2000 Page 9 of 17 factors have held general aviation back to a very Iow growth number, perhaps 1% or 2%. Councilmember Baldwin referred to the Airport Master Plan, noting that staff felt it was wrong in regards to expansion. However, at the joint meeting with the Airport Commission, several Commissioners said that the economy is causing a radical increase in recreational flying. Mr. Flad explained that at the time the Airport Master Plan was completed, the projections, nation-wide, were that general aviation was not going to see a dramatic increase in activity, however, that has not turned out to be the case. Similarly, with all sectors of the economy, growth has exceeded expectations each year for the last five years and this is no exception. Councilmember Ashiku noted that there is a lack of resources in this community to support that type of activity, therefore there are not many new planes in Ukiah. However, there is development of aviation related industries at the Airport. This is good for the local economy and is bringing in more manufacturing jobs to the area. Ms. Horsley discussed development and Fixed Based Operators (FBO), noting there hasn't been a sudden influx in planes wanting to rent hangars at the Airport. Councilmember Ashiku explained that at the joint meeting, there were approximately 20 potential aircraft hangars available before maximum capacity is reached. Councilmember Baldwin referred to page 14, IV.2, Noise, fourth paragraph, and the Ukiah Valley General Plan and Growth Management Program section of the staff report, which states that "approximately 65% of the aircraft depart on runway 15 to the south", and inquired if this is a true statement. Mr. Bua advised that the majority of aircraft departures are south bound. This includes north bound departures that are turning cross wind and going south as quickly as they can because time is money to them. In the wintertime, the prevailing winds are out of the south and the common runway is to the south. Councilmember Ashiku explained that there is a 3 to 5 knot variable that designates the 15 runway, so you can still have up to 5 knots. If you are traveling south, you do not want to spend all that money for gas to go north and make a turn to the south. Councilmember Baldwin referred to page 23 of the Good Neighbor Plan, where it refers to the Airport Manger investigating the feasibility of implementing a variety of buyer awareness programs, and inquired if this requires a City ordinance mandating that real estate brokers and agents advertise that there is a potential noise problem in the community. He also inquired how to implement a buyer awareness program. He' recommended that should the City implement such a program, that it be for all buildings in the City limits. He felt the noise level zones are inaccurate and felt that although the newspaper indicated there has been a lack of noise complaints, it does not mean that a significant amount of people have not been bothered by the landings and take offs. He February 16, 2000 Page 10 ofl7 thanked staff for working on the Plan. Mr. Flad stated that Airport staff will research the various methods available for implementing a Buyer Awareness Program and bring it back for Council consideration and adoption. Councilmember Baldwin noted that Calstar serves people, primarily, outside the City limits and tries to provide a quick urban response service to people who live in rural areas where they should not expect quick urban response time for emergencies. Councilmember Ashiku noted that accident victims who have had head injuries are transported to a local hospital, Santa Rosa, or another facility, depending on the injury. Councilmember Baldwin pointed out that many communities that may have higher property values than Ukiah, and may be more attractive tourist destinations, do not have this type of service flying over their town. We have lived with it for 50 or 60 years of the aircraft age without this and he felt it is important to revisit the Calstar lease because more than jets, the helicopters are a real invasion of our privacy. Mayor Mastin stated that Calstar responds to events which occur outside the City and some individuals who may be involved in an accident or rescue, may be City residents. Ms. Horsley was of the opinion that Calstar offers an invaluable service to the community. She noted that the state assistance in funding in the beginning was because people who were in those areas, had little chance of being contacted. Calstar is providing a more rapid response which will provide a greater chance of survival in outlying areas. Mr. Flad advised that Calstar is scheduled to speak before Council at their next meeting in March. He will request that they provide statistics regarding the residency of those rescued. They have been in business for nearly two years. Calstar is a private, non-profit organization. Councilmember Libby was very impressed that the City does not receive more than five complaints a year, considering how busy the Airport is. She discussed bombers flights creating an increase in noise, but in taking into consideration their purpose of extinguishing fires, their purpose was understandable. She requesting clarification of wording on page 9, Section II, Pilots Should, first sentence should read: "Be aware of noise sensitive areas, particularly residential areas near the airport." Additionally, she inquired if the second to last sentence in that section should read: "if you want to practice night landings, stay away from residential areas." Mr. Flad noted that the second sentence is correct as printed in the report in referring to residential airports. However, staff will make the change to the first sentence. Council complimented staff and the Airport Commission for their work on the report. February 16, 2000 Page 11 of 17 Mike Cannon, co-owner of the Redwood Health Club on South State Street, advised that the Airport has been a good neighbor. However, he discussed the noise impact during the summertime when the tankers fly very Iow into the Airport. The Redwood Health Club has a large outdoor pool area and the noise from the tankers affects their customers. The other planes are not as noticeable. Ms. Horsley explained that there is good news in that the tankers/bombers will be changing their engines and will be much quieter. Mr. Bua advised Mr. Cannon that he should call him with any questions or concerns that he may have and he will be happy to follow through on the matter. MIRC AshikulLibby adopting Ukiah Regional Airport Noise Abatement Planning/Airport Good Neighbor Policy; carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. NEW BUSINES~ 9b. A_o_oroval of Mid Year Budget Amendment City Manager Horsley advised that a revision to the Mid Year Budget Amendment has been distributed to Council. Risk Manager/Budget Officer Harris, advised that the opportunity being taken at mid- year is to look at the budget because some items have occurred since the Budget's adoption in June 1999, and also to try to anticipate what may occur between now and the end of this fiscal year. He discussed the nine items in the revision to the Staff Report that was distributed to Council at this meeting. He noted that the largest change is the interest on investments that has been received in almost every fund. The interest rates are higher than anticipated and investments are in a better position so the City is receiving a greater amount of revenue from them. He briefly discussed the other items in the revisions to the report. Councilmember Libby referred to the account for Non-Electric Revenue, and inquired as to the City's law suit settlement. Ms. Horsley explained that the law suit occurred approximately seven years ago when the City Treasurer invested in" inverse floaters" which was not in compliance with City policy. The City believed the brokers had misrepresented some of the claims and therefore a law suit was initiated and the City settled with them. Money is still being received from the settlement, with only a couple installments remaining. Councilmember Libby discussed money received from interest rates and questioned whether it could be designated for City projects, such as upgrading the City's electrical lines and equipment. She would like to $77,000 designated towards such projects as replacing lines and poles. February 16, 2000 Page 12 of 17 City Manager Horsley responded by stating that the revenues could be designated by Council for such a purpose. She advised that Public Utilities Director Barnes is preparing a status report for Council that will delineate what has been done since the upgrade has begun on various projects. The report should come before Council at a future meeting. MIRC AshikulBaldwin approving Mid Year Amendment to the 1999/2000 Budget as specified in 1990/00 Mid Year Budget Amendment-Summary of Transactions, as amended; carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. Councilmember Libby requested staff respond to her inquiry regarding money available for upgrading the electrical system and how the $77,000 could be allocated. This could be included in Mr. Barnes report to Council. 9c. Adgption of Resolution Approving Memorandum of Understanding for Employee Bargaining Unit - Fire Unit Mayor Mastin advised that Council can go into Closed Session on this item if needed. Consensus of Council was that Closed Session was not necessary. City Manger Horsley advised that the Fire Unit has accepted and ratified this offer. MIRC AshikulBaldwin adopting Resolution No. 2000-31, adopting Memorandum of Understanding Between the City of Ukiah and the Ukiah Fire Unit; carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 10. CITY COUNCIL REPORTS Councilmember Libby reported that a memo from the Mendocino Council of Governments (MCOG) was distributed to Council earlier. Mr. Phil Dow will be in Sacramento on February 23, 2000 and we should know at that time if they will be receiving additional money to expand the corridor enhancement project. There is approximately $40 million in the lapsed TEA funds and Mr. Dow felt very confident that they will receive additional funds to expand our project. The Community Center Committee received a $19,000 technical assistance grant and they are now looking to hire someone to prepare the needs assessment study. The Film Advisory Committee has two subcommittees, one to review the permit process and the other will review guidelines. The City of Ukiah currently does not have a permit process for filming within the City and she requested input from staff to forward to the Committee that will assist in formulating a draft film permit for the County and also to make the process run smoothly. February 16, 2000 Page 13 of 17 The Economic Development and Financing Corporation (EDFC) met and she inquired if Council could provide suggestions with regard to the types of trade shows that EDFC should attend that would benefit Ukiah in bringing in businesses. She will return to EDFC with suggestions. EDFC will also be conducting an industrial land study, concentrating on the entire county so that when businesses are contacted, EDFC can provide them with information regarding availability. The Grace Hudson Museum is getting ready to start their new budget. They had a reception for their new exhibit on February 5, 2000. It was brought to their attention by Community Service Director DeKnoblough that there will be some terms expiring on the Parks, Recreation, and Golf Commission in June, and that having a representative from the Museum on the Commission would be helpful because they fall into the category of the Commission. The Board of Directors of the Grade Hudson Museum felt it would be helpful to have a Museum representative on the Commission to provide input regarding Museum activities. If Council is agreeable to this recommendation, she suggested that Council may also want to consider renaming the Commission at that time. She also advised that Mr. DeKnoblough has advised her that the Commission has been working very well together. She reported that the Chamber of Commerce will be having their business symposium on February 26, 2000. She attended a workshop of the Northern California Power Authority (NCPA) in Roseville for two days. She received information on the history of NCPA and found it very helpful. She found it interesting that in the 1960's, P.G. & E. was putting a squeeze on the wholesale buyers by trying to charge them as much as were charging the retail buyers. This is when NCPA first formed. For the first 10 years they filed law suits trying to stop P.G.&E. from proceeding, and they won every law suit. NCPA is divided into four business managers consisting of administration, generation service, power management, and legislative and regulatory. The goals are for knowledge, awareness, and a comfort we should have in our investment. She has available "The Basics of the Electric Utilities" for Councilmembers desiring to obtain further information on NCPA. At the next Council meeting, she will provide a combined report on their attendance at the annual NCPA conference in Washington, D.C. along with Councilmember Ashiku. Councilmember Baldwin reported attending a meeting of the Mendocino County Inland Water and Power Commission (IVVPC) on February 10, 2000 and City Manger Horsley was also in attendance. The IWPC has been offered $100,000 from Sonoma County Water Agency for educational purposes and the majority of IWPC wants to use approximately 40%-60% on an educational video. Several members are very nervous about the motives about the gift from Sonoma County Water Agency to help fund a Mendocino County educational video. The Commission would need to contact the various entities and otherwise ask for $50,000 to prepare the educational video. The gift came to IWPC at a very opportune time. The National Marine Fishery Service, which is part of the Department of Interior, after working for nearly two years with the Fishery Review Group to come up with a minor 15% reduction, has now changed its mind and is attacking the proposal and claims that it will February 16, 2000 Page 14 of 17 jeopardize the Eel River. This prompted the Commission to draft a letter to our elected representatives about the waste of taxpayers money and why there would be a turn around by a federal agency. He discussed the proposed canal around Lake Mendocino, which would help with gravel and fish habitat issues. The Friends of the Eel are now officially opposing Park Steiner and accusing him of having ulterior motives for his own private benefit, and secondly if it were to be approved and funded, it would cause continued diversion from the Eel River. Also significant to IWPC is the increased legal fees of Antonia Rossman, who maintains it will cost $5,000 per month for the next four months to deal with the potential sale of this issue. IWPC intends to invite Mr. Rossman to attend their next meeting, to have Mr. Rossman convince IWPC that this amount of money is worthwhile at this time. He recommended another Councilmember attend that meeting. He noted that IWPC did not have this money budgeted. He clarified that it would be $5,000 per month from IWPC. It is critical to determine if it is worthwhile to spend this amount of money at this time on legal representation. He thanked the City Manger and staff for the article in the Press Democrat regarding Internet taxation. Councilmernber Ashiku discussed Senator Barbara Boxer's views concerning Internet taxation which is in opposition to Councilmember Baldwin's views. He advised that he met attorney Fran Francis which NCPA uses in Washington, D.C. and during a presentation she spoke regarding the Federal Regulatory Commission having the ability to recapture a hydro project under federal rules at the original cost of the project. She suggested that may be an option that NCPA may explore for various hydro projects that arise. He suggested that IWPC contact Ms. Francis and she can provide them with direction. He will provide a full report on the NCPA conference in Washington, D.C. at the next Council meeting. Councilmember Baldwin noted that he is very interested in having AB483 - Billboard Removal Amortization, placed on Council's agenda for possible support from Council Mayor Mastin advised that on January 26, 2000 Mendocino Solid Waste Management Authority (MSWMA) met in Willits and reported that MSWMA has been approached again by Matt Miller and Phillip Rose to purchase the MSWMA property on North State Street. It was rejected by the Board because they were not sure of development of the Taylor Drive site. Since that time, the Board of Supervisors has approved the Taylor Drive site and at MSWMA's next meeting they most likely will direct to solicit offers for the North State Street property. On January 27, 2000, Mendocino Transit Authority (MTA) met and he updated Council on the status of the Ukiah Depot property. MTA has not signed any papers and will now need to pay $30,000 to $40,000 to hire a negotiator to negotiate with the tenants of the property regarding relocation. He briefly discussed the leases with Council and the City Attorney. City Attorney Rapport advised that as long as MTA doesn't extend the lease after they February 16, 2000 Page 15 of 17 take title to the property the lease would expire by its own terms. If the lease is month to month and the prior owner gives them 30 days prior to the title transferring, the lease would expire by its own terms and something they did would cause it to terminate. Mayor Mastin advised that the fact that federal money is involved would make it MTA's not NCRA's responsibility because it is MTA's project and money. There is approximately $1 million in Denver liens on the property and tax liens that have not been cleared. MTA directed their design architect to provide alternate plans that may not require relocating anyone and would also, potentially, not require a Clay Street crossing. However, it then would require a larger portion of Union Pacific property and it is unknown when the property will be cleaned up. The major problem is that MTA's major funding, while it's in Washington and secure, will be released when there is a project, and they have less than two years before they need to access it or loose the funding. They are very concerned about this problem. He reported attending Project Sanctuary's open house on February 1, 2000 at their new office facility at the Senior Center complex on Leslie Street. There was a ribbon cutting ceremony. On February 19, 2000 he plans to be involved in a Fire Department and Ambulance ride along. 11. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley advised that last evening Michael Flad and herself toured the Masonite facility and found it very fascinating. She discussed their processing and noted that the odor emitting from the facility is due to redwood, water and steam. Their new product is called softboard and they will begin production soon. It is a very automated production facility. A member of the state legislature has been invited to speak to local governments on the different programs for funding in the future for local governments. Richard Shoemaker has been instrumental in putting it together. The forum will be held at the Ukiah Valley Conference Center and she will advise Council of the scheduled date and time. She advised that new brochures on the Police Department concerning volunteers, reserves, and cadets have been prepared in both English and Spanish and she distributed them to Council. Ms. Horsley explained that the Taylor Drive project was approved by the Board of Supervisors by a 3 to 2 vote. Staff spent two days at the Board of Supervisors meetings and she thanked those Councilmembers who also attended and the support they lent to the matter. The applicants are going forward with the project and a letter has been prepared for the Mayor's signature with regard to the Pollution Financing Board that gives very Iow interest loans that will be used by the facility. She is happy that the matter has now been resolved. Councilmember Libby thanked the City Manger for attending the Board of Supervisors' February 16, 2000 Page 16 of 17 meetings. She explained that she found the City's Web site under Mendocino County government but it did not provide accurate information. Ms, Horsley explained that staff will be meeting with Mr. Blower next week regarding establishing the City's Web site and it should be running this month. City Clerk Ulvila reminded Council that April 3, 2000 is the deadline for filing Statements of Economic Interest, FPPC Form 700, with her office. Those needing copies made for filing with other agencies should feel free to contact her. She also distributed the November 7, 2000 Election Calendar to Council. She submitted a calendar for the November 2000 election to Council. 12. CLOSED SESSION a. G.C. §$4957.6 - Conference With Labor Negotiator Negotiator: Candace Horsley Employee Negotiations: Fire Unit Not needed. 13. ADJ~J3[MEI~ There being no further business, the meeting was adjourned at 8:39 p.m. Marie Ulvila, City Clerk February 16, 2000 Page 17 of 17