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HomeMy WebLinkAboutMin 04-05-00MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, April 5, 2000 The Ukiah City Council met at a Regular Meeting on April 5, 2000, the notice for which had been legally noticed and posted, at 6:33 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: Interim Public Works Director Bertolero, Community Services Director DeKnoblough, Assistant City Manager Flad, City Manager Horsley, Associate Planner Lohse, City Attorney Rapport, Deputy Public Works Director Seanor, Senior Planner Stump, and Recording Secretary Elawadly. Councilmember Ashiku arrived at 6:36 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Mastin led the Pledge of Allegiance. APPROVAL OF MINUTES: 3a. Regular Meeting of March 15, 2000 Deputy City Clerk Yoast noted a correction to page 1, first line of the first paragraph, that the date should be changed from February 16, 2000 to March 15, 2000. Councilmember Libby recommended the following changes to the minutes: Page 1, Paragraph 9, Last Sentence, be amended to read: "In regard to item 5a, she referenced page 16, Special Supplies, payment to Friedman Brothers Hardware in the amount of $560.58 and for other items, as well as page 22, Special Supplies, payment to Parnum Paving, in various amounts, and inquired if this went out to bid because the dollar amounts were large." Page 9, Paragraph 6, Second Sentence, be amended to read: "She stated that in January she attended a two-day workshop in Sacramento which provided her with the history and structure of NCPA." Page 9, Paragraph 6, Last Sentence, "She was also part of a legislative group and then went through a training session on the framing of quality issues relative to NCPA," be stricken. Councilmember Libby recommended the following second paragraph be added to Page 9, Item 7e: "Councilmembers Ashiku and Libby went back to Washington, D.C. with NCPA to help lobby our Congressional leaders on legislative issues that would directly affect the cost of buying power to Ukiah. The first day in Washington, D.C. they attended a briefing on all legislative issues would be discussed with the Legislatures." Apdl 5, 2000 Page 1 of 24 Page 10, Paragraph 3, Second Sentence, be amended to read: "With regard to the Trinity Water Environmental Impact Statement (ELS), if this is diverted, it could mean an increase anywhere from $5 to $10 million per year for western power." Page 10, Paragraph 3, Third Sentence, be amended to read: "On the local level, the cost of power could increase anywhere from $28,000 to $58,000 per year." Page 13, Paragraph 3, Second Sentence, be amended to read: "She was unsure if she could support taking someone's personal property without compensating them." MIS BaldwinlAshiku approving the Minutes of the Regular Meeting of March 15, 2000, as amended, carried by the following roll cell vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 4. RIGHT TO APPEAL DECISION Mayor Mastin read the appeal process. 5. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one from the audience came forward. Mayor Mastin drew attention to an urgency item to be incorporated as agenda item 8h, authorizing the Mayor's signature on a letter prepared by City Attorney Rapport to the Mendocino County Russian River Flood Control and Water Conservation Improvement District. City Manager Horsley reported the aforementioned letter pertains to a Mendocino County Russian River Flood Control and Water Conservation Improvement District meeting wherein action was taken and the City was not properly notified of the pending action. She further reported the action taken during the meeting could encompass consequences for the City as well as other water users. MIS Ashiku/Baldwin approval to add item 8h to the Agenda, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. pUBLIC HEARING 6a. Introduction of Ordinance Rezoning Portions of Assessor Parcel Numbers 003-471-27. 003-472-13. and 003-472-14 Senior Planner Stump reported staff recommends Introduction of an Ordinance rezoning portions of Assessors Parcel Numbers 003-471-27, 003-472-13, and 003-472-14. He further reported when the proposed Boundary Line Adjustment is finalized, this would allow the common property lines between the contiguous parcels to be shifted 20 to 1 O0 feet to the east, which would allow the facility to be developed without buildings crossing over property lines. He noted the purpose of the Rezoning along with the Boundary Line Adjustment results in a parcel with one zoning classification. April 5, 2000 Page 2 of 24 Associate Planner Lohse stated, more specifically, approval of the proposed Rezone (#99-51) would change the zoning for an 8,743 square foot portion of land from the C-2 (Heavy Commercial) Zoning District to the C-N (Neighborhood Commercial) Zoning District in order to provide the proper zoning category for the development of an assisted living facility on the affected property. The affected area is currently located on the western half of Assessor's Parcel Nos. 003-472-13 and 003-472-14, but would be made part of Assessor Parcel No. 002-471-27 once a separate Boundary Line Adjustment application is finalized. The Rezone procedure requires City Council's introduction and adoption of an ordinance. He further noted the Ukiah Planning Commission has approved Major Use Permit (#99-52) on March 8, 2000, allowing the development of an assisted living facility on a 2.5 acre project that includes a portion of a parcel in the C-N (Neighborhood Commercial) Zoning District and portions of two parcels in the C-2 (Heavy Commercial) Zoning District. He noted most of the assisted living care facility would be developed in the area zoned for C-N uses, but the Planning Commission made the Use Permit approval contingent on the approval of the Rezone application since some development would also occur on the portions of the site located in the C-2 Zone. He reported the Planning Commission voted 5-0 to recommend that the proposed Rezone be approved, based on the fact the change in the Rezone and the resultant transfer in ownership would be consistent with the Ukiah General Plan and would not affect the commercial viability of the portion of the site remaining in C-2 Zoning. The Planning Commission also noted the Rezone would allow the development of the proposed assisted living facility with a twenty-foot rear yard setback that is wider than the required setback of ten feet. The Boundary Line Adjustment effectively allows 2,648 square feet of land from APN 003-472-13 and 6,095 square feet of land from APN 002-472-14 to be transferred to APN 002-471-27. PUBLIC HEARING OPENED: 7:22 p.m. Don Malay, 2501 26 Street Suite 450, Salem, Oregon, Applicant's representative, presented a brief project description regarding the concept and importance of assisted living facilities. He noted the Rezone is actually a down-zone from Heavy Commercial to Neighborhood Commercial wherein this particular zoning would be more compatible with the nearby residents and the Church of Latter Day Saints than the previous Heavy Commercial Zoning. He reiterated the Heavy Commercial Zoning does not allow for an assisted Living facility as a conditional use, which is hereby referenced in the Agenda Summary Report, Item 6a. PUBLIC HEARING CLOSED: 7:24 p.m. MIS Ashiku/Baldwin approving Mitigated Negative Declaration for Rezone #99-51, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. MIS BaldwinlAshiku to introduce Ordinance by title only, amending the official Zoning Map for the City of Ukiah, California, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: April 5, 2000 Page 3 of 24 Councilmember Smith. ABSTAIN: None Recording Secretary Elawadly read the title of the Ordinance. MIS AshikulBaldwin to introduce Ordinance, amending the official Zoning Map for the City of Ukiah, California, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None PUBLIC HEARING 6b. A~_ _Deal of Planning Commission Decision to Conditionally A_o_Drove Ma_/or Use Permit No. 99-52 Senior Planner Stump reported there was some concern about appropriate project noticing and he stated the project was properly noticed in accordance with the provisions of the Ukiah Municipal Code. He further noted there are three Code requirements to ensure proper noticing and he noted each noticing procedure. He advised all property owners within 300 feet of a project are advised of a public hearing. The appellant is a tenant and did not receive a public notice. Associate Planner Lohse reported staff recommends denial of the appeal and approval of Major Use Permit No. 99-52 based on staff's project Finding and Conditions of Approval as set forth by Staff and the Planning Commission at the March 8, 2000 hearing. On March 8, 2000, the Ukiah Planning Commission considered the Use Permit allowing for the development of an assisted living care facility incorporating 43 apartments on a 2.5 acre portion of a project site made up of three contiguous parcels located in the C-N (Neighborhood Commercial) and C-2 (Heavy Commercial) Zoning Districts. The Commission approved both the Negative Declaration prepared for the project and the Use Permit. Project approval was based on the Findings as outlined in the Planning Department Staff Report and the 25 Conditions of Approval including the five additional Conditions added by the Commission at the hearing. Ms. Rita Samols filed a timely written appeal citing her project concerns to include potential disruption of "peacefulness" caused by the loss of the open field, the construction of the facility at a distance of 25-feet from her home, dustJnoise impacts, construction hours, and potential loss of privacy. The Planning Department Staff Report for this project, as well as the Minutes of the Planning Commission meeting hearing, specifically outline the project's aesthetic design/dimension plan, landscape/lighting plan, and parking/emergency vehicle requirements, wherein the project was found to be consistent with the Ukiah General Plan, the City Municipal Code, and the Ukiah Municipal Airport Consistency Plan. Councilmember Libby inquired regarding the approximate time for construction of the facility. It was noted facility construction would take approximately six months. PUBLIC HEARING OPENED: 7:31 p.m. Rita Samols, Appellant, briefly recapitulated her reasons for project denial and addressed April 5, 2000 Page 4 of 24 the issue of tenant public hearing notification. She would like the building's size to be reduced and the facility constructed as far away from the residents as possible. George Ginochio, 1383 Berkeley Way, Ukiah, stated he was not in support of the project because the construction of the facility would create significant health hazardous for his daughter. His daughter's health is guarded and any proposed dust and/or construction impurities would be detrimental to her health. He specifically described his daughter's medical condition to include the immense respiratory problems associated with her illness. He stated, as a homeowner, he did not receive project public hearing notification. Mr. Maloy, 2501 26 Street Suite 450, Salem, Oregon, Applicant's representative, acknowledged Mr. Ginochio's concern for his daughter's health and stated he would be amenable to accommodating Mr. Ginochio's daughter by assisting her health needs during the construction phase of the facility. He noted a neighborhood meeting was recently held prior to the Planning Commission hearing wherein there was a neighborhood consensus supporting the project. Facility access was a neighborhood concern and this issue was suitably discussed. He noted a correction in the building's dimension and reported the building's exterior parameter calculates to 38,800 square feet incorporating an interior courtyard wherein the actual building size is 27,060 square feet. He further noted the Ukiah Convalescent Hospital is in joint venture with Firstmark Group. He advised the facility must be set back lO-feet, according to the Zoning requirements. He further advised applicant set the proposed building back as far to the north as possible, and, in his opinion, the property density has been maximized. The parking lot would be located to the north of the property in order to lessen the vehicular impacts to the residents. There will be seven additional trees planted on the south side of the project for privacy screening purposes. It was noted the first two months of construction would encompass excavation wherein there would be significant amounts of dirt moving followed by installation of a construction pad/retaining wall as well as the first phase of parking lot paving. The parking lot paving would be completed as quickly as possible upon removal of the heavy construction equipment. Specific parking lot paving techniques were introduced by the applicant, which are effective in reducing paving time and the inconvenience created. Dust mitigation measures would be accomplished by utilizing standard watering techniques daily and/or when necessary. Mayor Mastin drew attention to the tree species to be placed on the south side. Mr. Maloy assured that the tree species incorporating a Iow-medium canopy would be conducive to the shade/privacy screening purpose. Mr. Lohse reiterated in addition to the proposed trees along the southern property line, there are existing trees which would be retained as well as the construction of a six-foot wooden fence to assist in shade/privacy screening. A general discussion followed regarding further building set backs to the north. It was noted additional set backs would not be possible due to the parcel irregularities and in April 5, 2000 Page 5 of 24 order to maintain compliance with the emergency vehicle requirements and delivery pickup areas. Mr. Maloy noted all units would be interiorly accessed from the center portion of the building. Mr. Lohse addressed the dust issue by referring to compliance regulations per The Air Quality Control Board as follows: 1. The project site shall be regulated by water to control dust incurred by mobile equipment. All mobile equipment shall be washed regularly to prevent dust from leaving the site; 2. Other construction methods to be utilized as needed during activities to reduce sources of dust and other particular matter would include: a. Extended construction periods to reduce the number of days erupted soils are exposed and heavy equipment is in use; b. Limiting the use of heavy equipment at the same time; c. Provide adequate spacing between emission sources such as heavy equipment on the site; d. Reducing or changing the hours of construction before it causes congestion during heavier commute periods. These conditions were supplied by the Air Quality Control Board as standard dust suppression methods for this type of project construction. Ms. Samols inquired if studies have been completed establishing the need for an assisted living facility in this community. She was in favor of building size reduction and supported the concept of incorporating the proposed interior courtyard be constructed on the outer parameters of the building for public aesthetic enhancement. It was noted the individual heating and air-conditioning units would be located mainly on the southern portion of the site together with some units to be installed on the northern portion of the structure. The compressors would generate minimum noise impacts. Mr. Maloy stated there are currently no assisted living facilities in Ukiah wherein a need does exist for this particular service facility for seniors. He noted there has been extensive research documentation prepared in conjunction with this project and the results rectify the necessity for this type of facility. Councilmember Baldwin supported the concept of incorporating proposed courtyards for future development being incorporated into the exterior perimeters of a proposed project site as opposed to interior parameters. Mr. Maloy indicated the proposed assisted living facility is not the type of facility which would provide security fencing that would prevent people from coming and going. Leona Salsbury, Ukiah, stated there exists a need for an assisted living facility in this community and she supports the project. April 5, 2000 Page 6 of 24 Mr. Ginochio inquired what would be his ramifications if no agreement could be reached by the applicant in terms of his daughter's health condition should Council approve the project. Barbara Jiminez, Ukiah, as an administrator, stated on behalf of the residents at Ukiah Convalescent Hospital, that many people in her facility are interested in the proposed facility. She addressed safety concerns associated with problems in the open field where the assisted living facility would be located. PUBLIC HEARING CLOSED: 8:10 p.m. A brief discussion followed regarding a project hearing continuation contingent upon the applicant and Mr. Ginochio reaching an agreement relative to his daughter's medical problems or, in the alternative, formulating conditions at this hearing settling the proposed construction concerns. Councilmember Ashiku proposed staff monitor the construction site reassuring that compliance with air quality standards be appropriately met pertinent to Mr. Ginochio's concerns. He proposed that a construction schedule be formulated for the time period when there would be "particulates" generated, to serve as notification to the abutting residents when construction impurities would be present. He stated additional watering for dust may also be necessary and should be taken into consideration. He further added that the parking lot paving phase be completed according to "two-lift" procedure application. Mr. Stump advocated staff could create another condition stating that prior to the issuance of a Building Permit, the applicant submit a detailed construction schedule outlining construction intentions, which would be shared with the neighborhood. He further advocated the City must be notified of any construction changes which may evolve. The construction schedule should also include painting the building. PUBLIC HEARING REOPENED: 8:15 p.m. Mr. Molay stated he would be amenable to submitting a construction schedule to staff allowing for activity notification on the project site. An agreement was reached with Mr. Ginochio wherein the applicant would install a special air-condition unit in his daughter's room and pay the associated electrical costs. The applicant would also seal Mr. Ginochio's home in order to shield the home from dust impurities. He indicated Mr. Ginochio has volunteered to provide additional watering to the site at night when necessary. He stated either his construction supervisor and/or Mr. Ginochio would water the site on Sunday when there is no construction activity in order to suppress dust. PUBLIC HEARING CLOSED: 8:25 p.m. Senior Planner Stump stated staff crafted additional Conditions of Approval to include: Condition Nos. 26 and 27 would incorporate the two aforementioned Air Quality Control April 5, 2000 Page 7 of 24 Board regulations cited by staff on Page 6, Paragraph 5 of these minutes. Condition No. 28 would state Beacon Way and Berkeley Way shall be barricaded prior to approval of the City Building Permit, precluding vehicle access in these areas. Condition No. 29 would require the applicant to submit a construction schedule which would provide periods of construction activities to be reviewed by the City Engineer prior to the issuance of a Building Permit. The scheduling of any construction and/or modifications shall be shared with persons who request notification prior to approval of the Building Permit. No changes shall be permitted to the schedule without prior notification of those persons who have requested such construction notification. Associate Planner Lohse advised that any time a construction schedule has been set up, an inspection schedule would also be established. He further advised regarding the previously approved Condition of Approval No. 20, incorporating the construction hours, would be modified to read: "The hours of outside construction shall be limited to the hours between 7:00 a.m. and 5:00 p.m., Monday through Saturday." There would be no hour limitations placed on internal construction. Condition No. 30 would require a "two-lift" paving technique be applied to the parking lot. Mr. Stump noted a Condition of Approval could be formulated stating that prior to the issuance of a Building Permit, the applicant shall discuss the project issues and attempt to reach full resolution of those issues. He noted the situation would be problematic should the issues remain unresolved. City Attomey Rapport commented City Council could continue the hearing until all issues between the applicant and Mr. Ginochio have been resolved or, as an alternative, formulate the conditions at this hearing wherein the proposed concerns have been fully resolved. He further stated the Council could elect to approve the project whereby the applicant's "good faith" intentions would be considered and/or honored. He advised some of the issues, as discussed, may not be enforceable. He noted it would not be appropriate to provide a condition stating applicant must reach an agreement with Mr. Ginochio prior to the issuance of a Building Permit, which would be in effect, delegating the City's approval authority over a project for a private citizen. This concept would not be acceptable. It was noted the addition of another Condition of Approval shall read: "Prior to the issuance of a City Building Permit, the applicant shall provide the installation of the air- conditioning unit, the electrical service, and other improvements as stated during the public hearing to Mr. Ginochio's residence." It was also noted another Condition of Approval shall be formulated to read: "The construction site be routinely watered to adequately suppress dust on Sundays." MIS Ashiku/Baldwin denying the appeal and approving Major Use Permit No. 99-52, as amended, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: April 5, 2000 Page 8 of 24 None. A general discussion followed regarding the issue and/or appropriate considerations which could be made for tenants being notified of public hearings for future projects. UNFINISHED BUSINESS 7a'. Discussion of Results From March 16. 2000 Meeting With Clara Avenue and Ford Street Residents and Consideration of Implementation of Traffic Calmina Measures City Manager Horsley reported staff conducted an informal public meeting with the Clara Avenue and Ford Street residents on March 16, 2000. It is recommended that City Council direct staff to implement traffic calming measures reached by neighborhood consensus wherein a two-phase action plan was formulated. Interim Public Works Director Bertolero presented a brief outline relative to the March 16, 2000, neighborhood meeting wherein future Clara Avenue and Ford Street calming action plans and/or options were discussed. He noted on December 15, 1999, City Council directed staff to remove the then existing traffic circles on both Clara Avenue and Ford Street, which was completed within one week. City Council also directed staff to present a report on alternative traffic calming measures to be implemented on Clara Avenue and Ford Street. On January 19, 2000, the report was presented to City Council wherein Council directed staff to work with the neighborhood in order to reach a consensus regarding traffic calming measures. A neighborhood meeting was held on March 16, 2000, and the first phase action plan would be to install Iow-cost traffic calming measures implemented by staff at Council's direction in the following form: 1. Repaint street center line and add raised reflective pavement markers; 2. Paint white fog line striping to separate travel lanes from parking lanes; 3. Repaint the white limit bars and pavement markings for the railroad crossings; 4. Paint the speed limit on street pavement. He noted the second phase would include formulation of a committee to evaluate the effectiveness of the above-referenced measures to determine which traffic calming measures would be appropriate in the future. He drew attention to the Clara Avenue and Ford Street minutes of March 16, 2000, and recommended the following changes: Page 3, Item 4, Questions and Discussions, Answer, insert a parenthesis to add the petition date of 9-17-98. Page 7, Second to the last sentence, be amended to read: "Lorraine Street is unique as it is quite narrow which qualifies for a decreased speed limit." Councilmember Baldwin queried regarding the cost of the proposed striping and painting. Staff replied the project is considered a Iow cost measure and the cost for materials and staff time would be approximately $1,000 or less. April 5, 2000 Page 9 of 24 Councilmember Baldwin further inquired should future curb, gutter, sidewalk, and pedestrian/bicycle pathway improvements be implemented would the striping be removed? Mr. Bertolero replied it would not be necessary to remove any striping, since there would be no impact to curb, gutter, sidewalks, and/or other future improvements. A general discussion followed by visual graphic assistance demonstrating the required standard dimensions associated with pedestrian/bicycle pathway and/or lane improvements. Staff does not anticipate any problems with the proposed short-term traffic calming measures and any future street/bicycle and pedestrian lane improvements. It was noted neighborhood traffic counts recently conducted by staff indicated 2,500 vehicles travel on Clara Avenue per day. It was further noted Ford Street has more traffic in one direction per day than Clara Avenue. Additional traffic studies as well as follow-up determinations would be conducted in this area and evaluated by the City's Director of Public Works. Councilmember Libby inquired whether speed counter evaluations were made for the aforementioned streets? Mr. Bertolero replied affirmatively and he indicated the average speed traveled for Clara Avenue was 31 m.p.h. He reiterated the potential repercussions associated with speed requirement violations in residential areas. Judy Pruden, Ukiah, attributed problems of these neighborhoods are due, in part, to the lack of existing infrastructure of curb, sidewalk, and gutter. She stated there is a need for additional traffic calming measures in this area. She noted the Planning Commission recently denied an apartment project in an area near Clara Avenue, which also lacks various infrastructure. She stated, in her opinion, project approval would only compound existing neighborhood problems regarding pedestrian safety, recreational services, and other associated problems. Eric Larson, 123 Clara Avenue, Ukiah, stated he did not intend to speak at this hearing as he did not have the necessary materials with him. However, in response to Councilmember Libby's concern regarding the traffic counts on Clara Avenue to include 7,000 cars per day, this represents the total vehicle volume traveling through the neighborhood, not just Clara Avenue, but a combination of both Clara Avenue and Ford Street. This amount has been well established by the City's traffic counts done six years ago. The current traffic counts total 8,500 vehicles traveling through this neighborhood per day, which is a significant increase. He stated he does not attend neighborhood meetings as a Planning Commissioner but represents himself as a resident of the neighborhood. He stated any reference to his activities or involvement in the traffic calming process has no bearing on his work with the Planning Commission. He noted, for the record, the current traffic count in this neighborhood is 8,500 vehicles per day. Councilmember Libby stated that she knows Mr. Larson has put a lot of hours and work into this project, and asked how many years he has been working on the traffic project on April 5, 2000 Page 10 of 24 Clara Avenue? Mr. Larson responded that he has worked on this issue for six years. Councilmember Libby asked whether he was the person that basically organized the neighborhood? Mr. Larson stated he was part of the group that did. Councilmember Libby questioned whether the K-Mart project produced less traffic than was projected? Mr. Larson responded in the negative. Councilmember Libby questioned why he felt this was so. Mr. Larson stated he has not gone back over K-Mart's traffic study yet, but K-Mart anticipated a 30 percent increase. We are currently at 23 percent and that is without Lovers Lane being built. He couldn't answer for sure, but felt traffic volumes are up, and K-Mart delayed construction for three years. Councilmember Libby questioned whether Mr. Larson was involved in putting up the traffic calming devices that were recently taken down on Clara Avenue, and whether he was on the Planning Commission at that time? Mr. Larson responded he was involved with the placement of the traffic circles but was not on the Planning Commission at that time. Mayor Mastin interrupted the discussion as he felt Councilmember Libby's line of questioning was to "nail" Mr. Larson on something and he did not think it was appropriate. Councilmember Libby stated she was not trying to "nail" him on anything, but was just trying to get some background because of the many statements made, and she was just trying, for everyone's information, to understand how long Mr. Larson has been working on this project because it has not just been a year or two. He's been involved in this for quite awhile and the statement of 7,000 cars was not a statement of two streets. She added that she attended the recent neighborhood meeting and there was a statement made by Mr. Larson that sounded like 7,000 cars were on one street and that is a lot of cars. Some of the things that were proposed at this meeting were, what she considers, not traffic calming devices. They were sidewalks, gutters, bike lanes, and this type of thing. She was trying to get an idea where Mr. Larson was coming from on these things because she didn't consider these things traffic calming. Mayor Mastin stated the issue before the Council at this meeting is not curbs, gutters, and sidewalks. Councilmember Libby stated this was part of what was in the minutes from the April 5, 2000 Page 11 of 24 neighborhood meeting where they proposed a second phase. Mr, Baldwin stated that is not stated in the proposal tonight in any form or fashion. Mayor Mastin said he was concerned with the sound of the questioning and the way Councilmember Libby was presenting it. Mr. Larson was not the only individual who worked on this project for six years as it was an organization of neighbors, and he felt it was unfair for Councilmember Libby to be questioning him the way she was. Councilmember Libby stated she was only asking questions because there are some people who have been very vocal on this issue, and she did attend the March 16 meeting and they were very vocal and adamant about this. They felt the City was responsible in providing items she did not feel were traffic calming devices. Mayor Mastin stated he did not have a problem with Councilmember Libby arguing those points, but he thought rather than a question and answer session period with Mr. Larson, she could proceed with her opinions on those things that the group discussed, which is fine. Mr. Larson stated, since he was at the podium again, all the facts and figures involved are all part of the public record. He has been involved in the project for six years in conjunction with the City Engineer, Public Safety, the Traffic Engineering Committee. The City Council itself has reviewed all the plans, proposals, everything so it is not "his" thing-- it involved a lot of people. There were some 500 newsletters that were put out that were hand-delivered on several occasions outlining all of these proposals to everybody in the neighborhood, far more than the City distributed. For the three years during which the plans were being considered, there was absolutely no response from anyone in the neighborhood of any negative nature. The committee that worked on it was made up of people that had a concern and put forth the effort to try and deal with the problem, and, yes, he was part of that. But he was only part of an active group of at least a dozen, and a support group of around 30 or 40 people. He stated that the staff proposal of painting the street, etc. like he said before, seems like a waste of time. MIS Ashiku/Baldwin directing staff to implement traffic calming measures reached by consensus with the Clare Avenue and Ford Street residents at the March 16, 2000 informal public meeting. Mayor Mastin questioned whether there are further meetings scheduled? Mr. Bertolero indicated they did not schedule the meetings as they want to implement those traffic measures, conduct some traffic counts, and take that information to the neighborhoods and discuss further items of traffic control. City Manager Horsley noted it would be appropriate to take three or four months history after the changes are made to see if they will work. Right after installation people will behave differently because the changes are new, but they want a chance to see how people behave after they are used to the changes. They will monitor the immediate April 5, 2000 Page 12 of 24 response as well and then wait a period of time and monitor again. Councilmember Ashiku commended Judy Pruden, Eric Larson, and staff for their joint efforts and accomplishments regarding the Clara Avenue/Ford Street traffic calming project. Councilmember Libby stated as to staff's recommendations, she was prepared to approve them with one alteration. Instead of painting speed limits on the street, she would favor posting signs as has been done everywhere else throughout the City. The traffic counts clearly show the traffic issue has been dramatically overblown and helped along by the media. The issue hera is the appearance of favoritism. All through the rest of town we have speed signs and she does not feel it is right to single out a neighborhood when we have equal or worst traffic and speeding problems through other areas of town. Many rasidents she talked to wondered why this is the only street they read about regarding speeding traffic. She agrees with them. This street has been singled out and she does not see any justification for it when she looks at all the figures that have been given to Council. She added that she certainly does not think people flock to Clara Avenue because they think they can speed on the street. She would ask that her fellow Councilmembers would consider having the same type of speeding signs on Clara as we have throughout the rest of town so there is not a perception of favoritism in this area. It is justifiable to have speeding signs just as we have in any other araa but she does not see that the traffic here is worst than anywhere else. Councilmember Ashiku stated since he has been on the Council for four years he has more history regarding this issue. He suggested that at one time Lorraine and Betty Streets were receiving preferential treatment because of speeding and they tried speed humps and barriers in that location to solve those problems. He has no doubt there are some traffic issues on Ford and Clara that need to be addressed because of the unique character of the neighborhood, but he highly feels it is appropriate to place the signage on the street itself, and perhaps the raised lettering will be more beneficial because they will be aware when they hit those areas. Councilmember Baldwin agreed that when a decision of the Council creates negative impacts for a neighborhood then we have to, as representatives of the community and the citizens and taxpayers, to try to help that community out and remediate the problem and that is exactly what a previous Council did in the Lorraine and Betty area. They spent money and did everything in their power because City decisions had created massive traffic there and when the City approved K-Mart it created significant new traffic in those araas. He is going to support this and he thinks it is kind of ironic that this is exactly the trouble we had in front of them two months ago. He also attended the community meeting and it seemed like the majority of the people said this is no big deal. It is almost irrelevant. Maybe it will do a little bit of good, but what he heard most of the people saying is they wanted amora safe and friendly neighborhood. He hoped before budget time they could get some cost estimated for curb, gutter, and sidewalks in that community having created a dangerous situation over there. They could have voted on this two months ago when it April 5, 2000 Page 13 of 24 originally came, exactly like this, to the Council. Councilmember Libby stated her problem with this is the perception that they will be painted on this street and in no other area are they painted on the street. She does not like to see the perception of favoritism and opening a pandora's box because you open the option for other areas to say they have a speeding problem and not only do they want the speeding signs, but they want it painted on the street. Mayor Mastin noted that one of the things that the City Council, along with the City Engineer, several years ago agreed upon was that this area, because of the unique impacts of it being commercial on both ends and being residential in the middle, this area would become more or less a test area for traffic calming and for other measures to see what the City could do in other areas of the City since it was recognized at that time that K-Mart going in would heavily impact that area by traffic, not that it would be the only area in town that was going to have anything done to it. It probably has had no more done to it than the Lorraine/Betty Street area where the City went through several different types of devices, some traffic calming, some direct traffic, that we rearranged, removed, and redid a couple of times. We now have a solution that works. His feeling is that part of why this is happening in this neighborhood is because they have had a very active neighborhood organization that came up with a number of their members and presented an organized thought process to the Council and stuck with it to see it through. Councilmember Libby stated as a Councilmember she is very much interested in public safety on this street and all over the City but she only has concerns about the perception of why we are not just putting speed signs and why we are putting it on the street. She has no problem with the striping and everything else that is recommended. Mayor Mastin noted that hopefully these will work and the City will be able to use them in other areas successfully. He would hate to think that the City put up planters in the middle of intersections throughout town because we didn't want neighborhoods to feel like they were being left out of the process. Mayor Mastin called for the question. The Motion carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, ^shiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 8a. Consideration of Extension of Contract with Jeff McMillen for Golf Professional Services at Ukiah Munici.oal Golf Course Through October 31. Community Services Director DeKnoblough reported staff recommends City Council approve the contract extension with for Golf Pro Jeff McMillen for Golf Professional Services through October 31, 2004. He further reported on June 16, 1999, the City Council approved a 16-month extension to the Golf Professional Services with Jeff McMillen, commencing on June 30, 1999, and terminating October 31,2000. The contract April 5, 2000 Page 14 of 24 referred to as "Grant of License and Concessions at Ukiah Municipal Golf Course and Independent Contract for Golf Professional Services" includes a provision allowing the City to extend the contract for four years through October 31, 2004, contingent upon the Pro requesting renewal by February 15, 2000. Mr. McMillen requested a contract renewal and he recently met with staff regarding a minor revision to the agreement including language clarifying payment of a percentage of the cart rental revenues to the City. This revision of the cart revenue issue is necessary because Paragraph 2.1 of the contract requires the Pro pay to the City, on a quarterly basis, 6 percent of his gross receipts from all concession. Golf cart rentals are included in the list of concessions provided in Paragraph 2, but have not been included in the list of required fees under Paragraph 2.2 in the past, and under this contract, it would be appropriate for the City to collect a concession fee. He noted the Golf Pro has agreed to pay to the City on June 30 of each year the sum of $2,500 in golf cart fees, which would be used for Golf Cart Path maintenance expenditures. He noted Attachment 1 of the Agenda Summary Report referenced as Item No. 8a is the original contract wherein Attachment 2 is the contract which includes the revised language. A general discussion followed regarding the aforementioned language clarification relative to the contract revision as outlined in the Agenda Summary Report for this item. Councilmember Libby reiterated cart concession revenues represent approximately $100,000 annually. She further reiterated the City pays the Golf Pro 6 percent of the first $150,000 on the green fees and 5 percent thereafter. Staff noted the City receives six percent of concessions to include merchandise, food, and beverage. It was noted the Golf Pro receives proportional income from cart fees and concessions. The Golf Pro does receive full income from golf lessons. It was further noted green fee appropriations are used by the City for general golf course maintenance. The $2,500 would be used for cart path repair and/or maintenance. It was noted Golf Course expenditures do reflect the amount of revenue generated per year. The Golf Course does operate as an Enterprise Fund. Golf Pro McMillen thanked City Council, staff, and the public for their continued support on his behalf. MIS Ashiku/Baldwin approving contract extension with revisions for Jeff McMillen for Golf Professional Services through October 31, 2004, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 8b. Consideration of Ao_oointment to Vacancy on the Traffic En_oineerino Committee City Manager Horsley stated staff recommends adoption of a Resolution making an appointment to the Traffic Engineering Committee. She noted the City received two applications for the vacancy of a City of Ukiah resident member to serve on the Committee. The first applicant was Bill Fernandez who had served for 20 years on the Committee and April 5, 2000 Page 15 of 24 he did not completely answer the questionnaire wherein he indicated his past tenure on the Committee would suffice. The second applicant was Diane Zucker, a Medical Independent Study Teacher. Councilmember Baldwin nominated applicant Diane Zucker to serve on the Traffic Engineering Committee. MIS Baldwin/Masfin adopting Resolution No. 2000-33, making appointment to the Traffic Engineering Committee, carried by the following roll call vote: AYES: Councilmembers Ashiku, Baldwin, and Mayor Mastin. NOES: Councilmember Libby. ABSENT: Councilmember Smith. ABSTAIN: None. 8c. Authorize the Mayor to Execute an Interest Rate Exchanqe Transfer Agreement with Palo Alto. Roseville and Silicon Valley Power Relative to the Hydroelectric Project O_oerated by the Northern California Power Agency Councilmember Ashiku and City Attorney Rapport presented a brief synopsis of the matter, which resulted in a compromise by the participants stated herein. Staff recommends the Mayor be authorized to execute and Interest Rate Exchange Transfer Agreement with participants, Palo Alto, Roseville and Silicon Valley Power, relative to the Hydroelectric Project operated by the Northern California Power Agency. The Northern California Power Agency (NCPA) Commission voted in October 1999, to enter into an interest exchange agreement, whereupon all participants would be liable should interest rates change adversely. The bonds issued for the hydroelectric project would then pay a market maker or bank the fixed rate payment due on the bonds. The market maker would pay the participants interest based on the variable rate. It was noted when variable rates are below the fixed rate, the exchange rate results in a savings or in a payment to the participants. If the variable rate increases above the fixed rate, the exchange results in increased payments by the participants. The significant factor associated with the aforementioned criteria is that of variable rates staying below the fixed rate debt over time. Participant percentage in the Interest Rate Exchange would be exactly the same as in the third phase agreement for various components of the Hydroelectric Project except as provided for in the various side agreements among the participants whereupon Healdsburg and Ukiah, combined, have a 3.7 percent interest. It was noted the financial risk associated with this type of interest rate derivative would not be appropriate for Ukiah, since a change in the market rate may cause adverse effects. Ukiah chose not to participate in the Interest Rate Exchange Agreement, but did not want to prevent the other participants from proceeding and, therefore, Ukiah requested the other participants take Ukiah's proportional share of the Interest Rate Exchange Agreement. The three largest participants in the Hydroelectric Project would be willing to each take a one-third share of Ukiah's 2.0 percent participation in the Interest Rate Exchange Agreement. A transfer agreement was prepared in order to transfer a stated interest rate percentage under the terms of the Interest Rate Exchange Agreement for Roseville, Palo Alto and the Silicon Valley Power to cover both Ukiah and Healdsburg's 3.7 percent share. The potential market maker would ensure, under the terms of the Interest Rate Exchange Agreement, that Palo Alto, Roseville, and the Silicon Valley Power, with the exception of April 5, 2000 Page 16 of 24 Ukiah, make the debt payments. Ukiah would continue to make payments based on the existing debt requirement, which is not subject to change. The Transfer Agreement and/or interest rate swap may incorporate comprehensive legal ramifications, subject to be reviewed by the City Attorney. A general discussion followed regarding the compromise reached by the various participants and the Transfer Agreement transferring rights and obligations under the Interest Rate Exchange Agreement. It was noted at the NCPA meeting, Ukiah could have either supported or opposed the debt swap but the City elected not to participate. As a participant, Ukiah would have incurred potential consequences should the associated variable market rate change adversely. It was noted by staff, 100 percent participation is required to participate in the interest rate swap. It was noted there is reasonable assurance the City of Ukiah is not at risk. It was further noted many times the larger NCPA members make compromises which are against the interest of their consumers. MIS Ashiku/Baldwin authorizing the Mayor to execute an Interest Rate Exchange Transfer Agreement with Palo Alto, Roseville and Silicon Valley Power relative to the Hydroelectric Project operated by the Northern California Power Agency, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 8d. Approval of Lease with Ascot Aviation for 138 Square Feet of Office Space at the Ukiah Regional Ai _roort Assistant Manager Flad reported staff recommends City Council approve the Ascot Aviation Lease for 138 square feet of office space at the Ukiah Regional Airport and authorize City Manager to execute agreements. He stated staff has worked with Ascot Aviation representatives and negotiated lease terms and conditions which are included by attachment for Agenda Summary Report, Item Sd. He noted Ascot Aviation is a Redding based air charter company who is prepared to commence a six-month trial period of scheduled passenger light service beginning in the month of April. The proposed lease site is an existing office located in the Flight Service Station. Because Ascot Aviation's limited operations are classified by the Federal Aviation Administration (FAA) as a Federal Aviation Regulation (FAR), Part 135 "Air Taxi," and not a "scheduled air charter," its terminal space and security needs are greatly reduced. Once Ascot Aviation is in operation, the Airport may be eligible to apply for FAA funds for the development of a new terminal facility, which could then house a permanent operations center for passenger, pilot, and other Airport services. He commented on the type of aircraft Ascot would use, monthly rental cost per square foot, and Ascot Aviation's proposed flight schedule, which are specifically outlined in the Agenda Summary Report, Item 8d. He noted the proposed commuter air service, depending upon the number of enplanements, would open up potential grant funding in the future. If 2,500 enplanements are logged within the first year, then the City would be eligible for money because it becomes a commuter airport or non- hub commuter airport. If 10,000 enplanements are recorded, then the City becomes an April 5, 2000 Page 17 of 24 "entitlement destination" for funding, relevant to terminals and other airport related matters. MIS Libby/Ashiku approving Lease with ASCOT Aviation for 138 square feet of office space at the Ukiah Regional Airport and authorizing the City Manager to execute agreements, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. Mr. Flad received an appreciation award by City Council and staff recognizing him for his outstanding accomplishments as Assistant City Manager. 8e. I. Update the City Council Regarding Ma_ior Transportation Corridor Enhancement Project ii. Approve Pro_Dosed Parking Lot "C" Layout Plan. iii.Adopt Resolution Granting Blanket Authority_ to City Manager to Execute Right-of-Way Certificates and Other Project Documents Assistant City Manger Flad presented an update on the aforementioned items and noted staff recommends City Council approve this project. He stated in August 18, 1999, the City Council directed staff to apply for TEA funding for the Major Transportation Corridor Enhancement Project. This project involves a variety of landscape and street scape improvements on State Street and the area surrounding Parking Lot "C" located directly behind the Library. The Agenda Summary Report specifically outlines the background incorporating dates and actions taken on the subject matter, discussion incorporating meetings with the Ukiah Redevelopment Agency, Tom Greenaway and Michael Toms of New Dimensions Radio, and finally staff's Recommendation and Conclusion relative to the three items. He stated the Regional Transportation Planning Agency (RTPA) for Mendocino County, the Mendocino Council of Governments (MCOG) had the responsibility of identifying and selecting local projects for funding through the TEA program. MCOG had a total of $1,847,000 available for the programming over the six-year TEA-21 period. MCOG decided on two separate competitive funding cycles, consisting of approximately $900,000 each to distribute the funding. The minimum project size was $100,000 and staff noted while there was technically no "cap" on project size, the realistic maximum project for the City of Ukiah was between $2000,000 and $300,000 per funding cycle. After an initial analysis of projects that were eligible for funding under the program and identified as a priority need in Ukiah, staff developed an initial list of potential projects. Staff presented City Council with information relative to the submitting of applications to the MCOG for a 1999 TEA grant, which was due no later than September 1, 1999. In August 1999, the City Council did consider and discuss the application process and directed staff to proceed with the application process. He noted the application process incorporated a series of phases to include eligibility, eligibility costs, and the application screening process, application time line, and other relative grant requirements. The City Council did select the Major Transportation Corridor Enhancement Project from a menu of opportunities. In December 1999, the City was notified by MCOG the above-referenced project had been funded in the sum of $221,000. In February 2000, the Executive Director Phil Dow of MCOG contacted staff and advised that perhaps additional funding would become available which allow the City to double the size and/or scope of the proposed April 5, 2000 Page 18 of 24 project. Staff formulated additional components which could be added to the original project and has recently received preliminary authorization from the CTC. The project scope is currently in terms of funding, $503,000 incorporating a $69,000 match. He stated in a relative short amount of time the project has basically doubled in scope and the impact on the proposed corridor would also double. He reported the CTC is subject to two public hearings and it is anticipated by June 2000, the City would be notified that it would begin incurring expenses and/or costs, which would be reimbursed. He noted, in his opinion, the City is approximately 80 percent through the project process. City Manager Horsley stated any engineering costs incurred by staff would not be reimbursed because the work would be accomplished before the time arrives to complete reimbursable costs. She noted there is a matching percentage which has been reduced, because the City utilized the LAPSED-T versus the MCOG funding. She noted although obtainment for LAPSED-T funding is more advantageous, the City would not be able to utilize its engineering services in lieu. Mr. Flad regarding the Parking Lot "C" project, described the views and proposed elevations as outlined in the plans attached to the Agenda Summary Report for this item. He noted the primary element of the "pocket park" is perhaps the most significantly unique. He reiterated on the water element encompassing the fountain design wherein there is a meandering stream heading eastward. He stated the grant will only fund activities on the perimeter of the parking lot and as submitted originally, the City would place trees and irrigation systems in this area. Mr. Michael Toms presented a brief overview of the Parking Lot "C" project and presented a history on the project's origination signifying the public demand to aesthetically enhance communities and maintain consistent preservation/balance of the eco-system challenge each community and/or world faces. Application of the Russian River watershed concepts contributed to this project. He stated the augmentation in the park would cost between $7,000 and $8,000 wherein it is his intentions along with an anonymous contributor to raise the money. Ms. Horsley commended Mr. Toms for coming forward with the park project incorporating greenery wherein the entire idea lead to a grant funding. She noted the park concept was difficult to introduce to MCOG encompassing the idea of aesthetic beauty as well as the type of effect this kind of project would have on the community. It is anticipated that private property owners would take notice and be encouraged to utilize this concept on their land. Mr. Flad acknowledged Nancy Roca, who is affiliated with the Shade Brigade, and others for their efforts and involvement in making the Downtown and State Street corridors aesthetically appealing to the public. He noted along with the Shade Brigade tree efforts, the grant and state funds have attributed to the potential beautification of Ukiah. Lastly, he noted it is staff's recommendation for City Council to approve what the State of California calls a blank resolution granting blanket authority to the City Manager to execute right-of-way certificates and other project documents. These types of ordinances are April 5, 2000 Page 19 of 24 recommended as part of the streamline procedure provided by Caltrans which allows for a quick turn-around approval and passage of various documents relevant to various programs incorporating such grant funding as LAPSED-T. Councilmember Baldwin stated he did not review the proposed map plans for State Street. Mr. Flad replied in the initial grant application which was provided to Council in September 1999, there were some preliminary design plans wherein staff has since formulated the formal design plan. It was noted the plan includes approximately 200 deciduous/evergreen trees to be added to the already existing State Street trees for a grand total of approximately 300 trees. The project would include recycle and trash bins as well as benches for the public to sit. Councilmember Baldwin inquired whether the community can be assured this project does not preclude or create difficulty with the possibility of installing future underground utilities on State Street. Staff noted there should be no problems associated with future placement of underground utilities, though there may be tree root development problems associated with the sidewalks along State Street. A general discussion followed regarding tree root systems and whether tree growth would be stifled by later placement of the underground utility impacts. This issue would have to be researched in order to determine what part of the street underground utilities would be located. Councilmember Libby noted other city jurisdictions are envious of Ukiah's ability to obtain such funding as referenced above because none of the other jurisdictions had this type of project wherein they could apply for LAPSED-T funds. A brief discussion followed regarding standard procedure for street tree planting. Nancy Roca drew attention to a published article in the San Francisco Chronicle, Science/Health Environment section advocating the necessity for increased urban greenery and/or tree planting to assist in the battle against pollution and heat rising from cities which appears to be changing regional weather patterns. She further addressed the problem relative to implementation of root barriers, which are ineffective and constrict tree growth and cause trees to fall, creating potential public hazards. She recommended providing adequate street tree placement space in order to avoid future problems in conjunction with appropriate tree placement planning incorporating the many reference sources available for such projects. Staff noted tree consultants would be hired to accommodate the appropriate tree species selection as well as to assist in the tree placement procedure. The City plan is to plant in a series beginning with deciduous trees followed by evergreen trees and continue in this pattern. April 5, 2000 Page 20 of 24 M/S Baldwin/Libby approving Parking Lot "C" Layout Plan, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. Councilmember Baldwin supported the Resolution with a proviso that the planting plan be based upon the assumption State Street utilities would be undergrounded whereupon the tree planting project takes this matter into consideration. M/S Baldwin/Ashiku adopting Resolution No. 2000-34, granting blanket authorization to the City Manager to execute Right-of-Way Certificates and other project documents, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: 8f. ApprQval cf Letters of Oooosition to Federal Emergency Management Agency Public Assistance Insurance Proposal City Manager Horsley recommends Council approve preparation of letters of opposition to Federal Emergency Management Agency Public Assistance Insurance Proposal. It was noted that (FEMA) has recently published an Advance Notice of Proposed Rule Making, which would have a significant impact, especially on California governmental agencies with regard to potential earthquake disasters. The new insurance rules as proposed by FEMA is a method for reducing federal costs/expenditures regarding disaster funds wherein the target is publicly-owned buildings. FEMA would require every public building be insured for all hazards before a disaster. Should an agency insure a particular building and the building is destroyed or damaged by a hazard that has not been included under that particular insurance policy, then FEMA would not provide any public assistance funds for the building's repair and/or replacement. Essentially, if an entity and/or agency chooses wrong on what it considers a potential disaster for insurance purposes, then the agency would receive no assistance. Rick Paige, General Manager for Mendocino Emergency Services Authority (MESA) drew attention to a document from the Governor's Office of Emergency Service (OES) regarding OES comments on the proposed FEMA insurance rule. He advocated that staff be given the authority to write letters to OES and FEM^, as well as to participate in a letter being sent from Redwood Empire Municipal Insurance Fund (REMIF) in opposition to this new FEMA proposal. The rules, if adopted, could result in the California taxpayers being without assistance to rebuild should there be a major disaster. He noted California is concerned about the aforementioned proposed FEMA rules, since California is subject to earthquake threats. OES notes many insurance provisions including flood and/or similar disasters are commonly available, but earthquake insurance has many confusing options and associated high costs that many agencies and/or organizations cannot afford such insurance coverage. He noted (REMIF) has informed its pooled cities that if such cities were able to purchase increased coverage for earthquake insurance, it would cost a minimum additional premium of 60% over what is currently being paid, and this would only cover about half of the asset values. Insurance brokers question whether REMIF could receive sufficient coverage for such a small Joint Partnership Agreement (JPA) and if such JPA's could purchase this coverage, when the cost would greatly exceed the proposed April 5, 2000 Page 21 of 24 dollar limits under the FEMA rules. He indicated if the City were required to go with the coverage levels recommend by FEMA, each citizen would be taxed for the additional coverage over and above what is currently paid and he urged the necessity for writing protest letters in accordance with the proposed FEMA new rules. M/S Baldwin/Ashiku approving preparation of letters of opposition to Federal Emergency Management Agency Public Assistance Insurance Proposal, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Martin. NOES: None. ABSENT: Council member Smith. ABSTAIN: None. g. Set Date and Time for Long Term Goals and Projects Workshop City Manager Horsey reported the workshop would incorporate approximately four hours. She further reported the workshop is part of the strategic plan continuation and staff would participate in the developmental concepts for long terms City goals. It was the consensus of the Council to meet on April 26, 2000, at 4:30 p.m. to conduct a Long Term Goals and Projects Workshop. h. Urgency Item City Attorney Rapport drew attention to a proposed letter directed to the Board of Directors, Mendocino County Russian River Flood Control and Water Conservation Improvement District (Water District) in response to an action taken by them on March 27, 2000 regarding the Sonoma County Water Agency Contract. He stated the Sonoma County Water Agency (SCWA) and the District had an agreement which was negotiated and approved by both agencies approximately seven years ago wherein currently the Water District does not intend to extend the SCWA contract. He further noted the original Contract negotiations were costly and there were associated environmental studies required to be completed prior to approval by the State Board. Presently, SCWA intends to withdraw its petition to the State Water Board seeking approval of a one year contract extension. In order for the proposed agreement to become effective, approval is subject to the discretion of the State Water Resources Control Board, which allows Sonoma County to use their permit water in Mendocino County, where there would be approval of a change in the use of the water. Approval of this change in use is obtained by a petition filed by Sonoma County with the State Water Resources Board. A one year extension would have given SCWA more time to process its petition to the State Board as well as given the Water District and other local water users more time to consider the effect of any changes in water availability that may result from proceedings pending before the Federal Energy Regulatory Commission (FERC) and the Endangered Species consultations currently taking place on the Russian River. Under the terms of the agreement, Sonoma County would sell up to 13,000 acre feet of surplus water, as needed, to the Water District should the demand for water within the Water District exceed the 8,000 acre foot entitlement under the Water District water permit and/or any other water rights that users have within the Water District. The City has an interest since it is a water user. The action taken during this meeting by the Water District would affect every water user within the Water District to include the County of Mendocino, City of Ukiah, Miilview Water District, Calpella Water District and the Willow Water District. He further stated the City has its April 5, 2000 Page 22 of 24 own year-around permit to appropriate water from the Russian River and he reported there are times during the year when there may not be any water in the River other than water stored in Lake Mendocino and released for this purpose, accordingly. The City questions the rationale for the Water District refusing to extend the SCWA Contract, as requested by the SCWA, when such an extension would not disadvantage the Water District. The City's supports the belief that the contract and/or agreement should be extended for one year, because it is not possible to determine how and when surplus water would be available for purchase under the SCWA Contract. Mr. Rapport questioned the rationale for the Water District refusing to extend the SCWA Contract, as requested by SCWA, when such an extension would not disadvantage the Water District. He supported the belief that the contract and/or agreement should be extended for one year, because it is not possible to determine how and when surplus water would be available for purchase under the SCWA Contract. He recommended the approval of the aforementioned letter directed to Water District on City letterhead. MIS AshikulBaldwin approving the Mayor to execute a Letter to the Board of Directors, Mendocino County Russian River Flood Control and Water Conservation Improvement District, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Martin. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: None. 9. COUNCIL REPORTS Councilmember Libby referred to correspondence from MCOG regarding the issue of formulating a County Wide Transportation Expenditure Plan urging the necessity for incorporating a steering committee to be represented by the various jurisdictions. She noted the aforementioned issue has been placed on hold since there is some question whether the Governor would authorize SCA3 funding due to an existing surplus. She further noted the MCOG Bylaws were reviewed and appropriate changes were made to the document. Councilmember Baldwin stated he recently attended the Russian River Watershed Council meeting wherein he reported on various issues discussed to include the 8th Annual Russian River Clean-Up Day, finalization of the cost sharing agreement with the State of California relative to the Memorandum of Understanding, Russian River watershed issues, and the proposed utilization of live plants for river and tributary creek bank protection. Councilmember Ashiku reported on his attendance at a FAA sponsored flight safety programs. Mayor Martin reported on Senator Peace's recent meeting with rural areas regarding his tax plan, which would virtually eliminate sales tax out of land use planning in order to return money to cities. He elaborated specifically on the proposed tax plan's issues and the various reasons why cities should support this plan. He also reported briefly on the Hate Crimes Bias Incident Task Forces meeting he recently April 5, 2000 Page 23 of 24 a~ended. 10. CITY MANAGER/CITY CLERK REPORTS/DIRECTOR REPORTS City Manager Horsley reported there will be another Homeless Shelter meeting on Monday, April 10, 2000. She also reported she met with Ukiah Solid Waste to begin discussions/negotiations on the single stream recycling toters to be effect when the Transfer Station is operational. She commented that a lawsuit has been filed regarding the Transfer Station. 11. CLOSED SESSION None. 12. ADJOLIBt~IME[~ There being no further business, the meeting was adjourned at 10:23 p.m. Ca[tl~e'rine L. El~w~dl~, ~,~-co~cl~g Secretary April 5, 2000 Page 24 of 24