HomeMy WebLinkAboutMin 09-17-08CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 17, 2008 6:00 p.m. ROLL CALL Ukiah City Council met at a Regular Meeting on September 17, 2008, the notice for which being legally noticed on, September 12, 2008. Mayor Crane called the meeting to order at 6:24 pm. Roll was taken at the 9/17/08 Joint Ukiah Sanitation District Meeting with the following Councilmembers present: Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. Councilmembers absent: None. Staff present: City Manager Chambers, City Attorney Rapport, Director of Planning and Community Development Stump, City Engineer/Public Works Director Eriksen, Airport Manager Owen, Director of Community & General Services Sangiacomo, and Deputy City Clerk Currie. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 6:25 a. Proclamation for Kris Kristofferson's Firefighters Benefit on October 5, 2008 Mayor Crane read the Proclamation. The proclamation will be presented October 5, 2008, at the Kris Kristofferson's Firefighters Benefit. 4. PETITIONS AND COMMUNICATIONS None. 5. APPROVAL OF MINUTES None. 6. RIGHT TO APPEAL DECISION CONSENT CALENDAR M/S Rodin/McCowen to approve the Consent Calendar items 7a through 7g: a. Report of Disbursements for the Month of August 2008 b. Report of the Acquisition of Professional Services from LACO Associates in the Amount of $6,000 for Preparation of Boundary and Topographic Survey for the Oak Manor Trail Project c. Report of the Acquisition of Professional Services from Winzler & Kelly in the Amount of $7,820 for Preparation of a Re-Vegetation Plan for the 2002 STIP Gobbi Street/Oak Manor Drive/Babcock Lane Intersection Realignment Project d. Award of Bid to Triple M Carpet and Chem-Dry of Mendocino for Carpet Cleaning Service at Various City Locations and Dates e. Report of the Acquisition of Professional Services from Green Valley Consulting Engineers in the Amount of $9,550 for Preparation of Bid Documents for the Gobbi Street Rehabilitation Project f. Authorization for the City Manager to Negotiate and Execute a Short Term Lease Agreement with Elliott's Christmas Trees for a Portion of Property Located at 724 South Orchard and Approval of Corresponding Budget Amendment in the Amount of $3,600 for Revenue Collected on the Lease CC 9/17/08 Page 1 of 6 g. Report to Council of the Expenditure of $8,549.96 to Vocalbooth.com for the Purchase of an 8' X 10' Vocal Booth for the Electric Division of the Public Utilities Department Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. City Attorney Rapport brought forth an Urgency Item to the City Council for consideration to be added to the agenda. 8:30 pm M/S Baldwin/Thomas to add the closed session item: Conference with Legal Counsel - Anticipated Litigation, Initiation of litigation pursuant to subdivision (c) of Gov't Code §54958.9 (2 cases). Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. The Urgency Item will be heard as Closed Session Item 14b. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 6:33 pm Marvin Trotter requested City Council assume a leadership role in completing the Afex Rorabaugh Center and produce a letter of support for completing the recreation center and the City's intention of having the Cty's Community Services Department manage the center. He will present the letter to Mendocino County and the School District. Suzan Knopf, resident of Ukiah, submitted an article to City Council entitled Save Breaking Green Ground which is about the State's private forest selling carbon offsets to preserve trees, reducing gases in the atmosphere. She requested the City Council find a way to reward homeowners for saving their big trees and not cutting them down. 9. PUBLIC HEARINGS (6:15 PMl a. Introduction of Ordinance Amending Division 9, Chapter 2 (Zoning) to Implement the General Plan Housing Element 8:38 pm Director of Planning and Community Development Stump presented the item. Recommended Action: 1) Conduct a public hearing and 2) Introduce by title only the ordinance amending Division 9, Chapter 2 of the City Code. Public Hearing opened 6:56 pm. Public Speaking to the Item: MaryAnn Landis, Planning Commission Member. Public Hearing closed 7:26 pm. M/S Rodin/Thomas to introduce the Ordinance by Title Only, with the following modifications to the Ordinance: 9099 A and B, change ten feet to 5 feet for setbacks and add a 10x10 clear zone on corner lots; 9150C R-2, change the wording from "For each family unit intended to occupy a building or group of buildings on such building site" to "the building site area required for each dwelling unit shall be" 9150C R-3, change the wording from "For each family unit intended to occupy a building or group of buildings on such building site" to "the building site area required for each dwelling unit intended to occupy a building or group of buildings on such building site shall be"; 9150 K 1. R-1 District change the twenty feet front yard setback to 15 feet; 9198 A.8, add wording to ensure affordable housing as long as possible; and 9278 Off-Street Parking- the 5' minimum setback from adjacent lots would CC 9/1'7/08 Page 2 of 6 pertain to new construction. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, and Rodin. NOES: Councilmember Baldwin and Mayor Crane. ABSENT: None. ABSTAIN: None. Deputy City Clerk Currie read the ordinance title. M/S Rodin/McCowen to introduce the Ordinance Amending Division 9, Chapter 2 (zoning) of the City Code. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, and Rodin. NOES: Councilmember Baldwin and Mayor Crane. ABSENT: None. ABSTAIN: None. 10. UNFINISHED BUSINESS a. Report to Council Regarding Status and Funding of Orchard Avenue Bridge Project 7:39 pm City Manager Chambers and City Engineer/Public Works Director Eriksen presented the item. Recommended Action: Receive report and advise staff of any questions or concerns. Public Comment opened 7:42 pm. Public Speaking to the Item: Dwayne Hill, representing Rural Community's Housing Development Corporation; Dan Thomas; Jack Dotts; Dottie Deerwester; and Linda Sanders, Ukiah resident. Public Comment closed 7:59 pm. b. Introduction of Ordinance of the City Council of the City of Ukiah Amending Article 17 of the Ukiah City Code, Pertaining to Grease Interceptors 7:59 pm City Engineer/Public Works Director Eriksen presented the item. Recommended Action: Adopt motion to introduce ordinance by title only and introduce ordinance. M/S McCowen/Baldwin to approve the Recommended Action changing all wording in the Ordinance from Public Utilities to Public Works. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. Ordinance was not read by title only. 11. NEW BUSINESS a. Notification of Development of "Budget At A Glance" Flyer and Action for Determining Method of Distribution 8:05 pm City Manager Chambers presented the item. Recommended Action: Approve Option 1, No Cost which is the City printing a limited quantity in-house with distribution within City Hall and other City facilities. In addition, the brief will be placed on the City's website, for distribution of "Budget at a Glance" brief where City staff will print a limited quantity in-house with distribution within City Hall and other City facilities. M/S Baldwin/Rodin Approve the Recommended Action with the amendment of emailing the brief to community groups that could forward it to their members and others. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: CC 9/17/08 Page 3 of 6 None. ABSTAIN: None b. Request for Extension of Airport Hangar Lease for Donovan C. Albright Due to Added Cost in the Retrofit of Leased Hangar from the City of Ukiah Mayor Crane Recused himself due to a potential conflict of interest at 8:18 pm. Airport Manager Owen presented the item. Recommended Action: Staff recommends that Mr. Albright be granted extension of his current 10 year lease to 20 year with the monthly rent adjusted for annual CPI adjustments and all other terms and conditions of the lease remaining in effect. Public Comment opened 8:24 pm. Public Speaking to the Item: Don Albright and Dottie Deerwester, Airport Commission Chair. Public Comment closed 8:28 pm. M/S McCowen/Rodin Approve the extension of Mr. Albright's current 10 year lease to 15 years with the monthly rent adjusted for annual CPI adjustments and all other terms and conditions of the lease remaining in effect. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: Mayor Crane. c. Consideration of a Possible Donation of 37 Acres of Oqen Space Along Gibson Creek in the Western Hills from Mr. Dave Hull and Ric Piffero; Authorization of the City Manager to Negotiate and Execute the Corresponding Land Agreement; and Approval of a Corresponding Budget Amendment to Pay for Closing Costs and Authorized Reimbursable Seller Expenses 8:29 pm Director of Community/General Services Sangiacomo presented the item. Recommended Action: Consider the possible donation of 37 acres of open space along Gibson Creek in the Western Hills; authorize the City Manager to negotiate and execute the land agreement; and approve a corresponding budget amendment utilizing 699 Open Space Acquisition funds to pay for closing costs and authorized reimbursable seller expenses. McCowen left Dias 8:33 pm McCowen returned to Dias at 8:38 pm Public Comment opened 8:34 pm. Public Speaking to the Item: Terry Poplawski and Dottie Coplen Public Comment closed 8:35 pm. M/S Rodin/Baldwin Approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. 12. COUNCIL REPORTS Councilmember Thomas reported that the County of Mendocino has reduced the Library budget and materials acquisition will not be funded. The Book Mobile also needs to be replaced. CC 9/17/08 Page 4 of 6 Councilmember Rodin reported on the Housing Foreclosure Prevention Coalition. This group is trying to obtain funding to train more staff to serve the people needing assistance. Councilmember Baldwin reported on the Inland Water Power Commission (IWPC) meeting. IWPC will provide the water needs analysis of each of the member agencies which will be used by the Army Corp of Engineers as part of their economic study to Councilmembers Thomas, alternate, and Baldwin as the City's representatives. The districts sent out letters of support for the proposed Eel/Russian River Trans-Basin Diversion Settlement; the effort is moving forward. He also reported the Language is currently being worked on for allowing those who drop out to come back in the cost sharing agreement for the Coyote Dam feasibility study. Councilmember Baldwin asked for clarification on the procedure Council has for selecting which members of the Council are invited to meetings with staff, community groups, stakeholders, etc. 13. CITY MANAGER/CITY CLERK REPORTS None. Recessed to Closed Session 8:35 pm Councilmember McCowen left 8:35 pm 14. CLOSED SESSION -Closed Session may be held at any time during the meeting a. Conference with Labor Negotiators (§54957.6); Agency Representative: Jane Chambers, City Manager Employee Organization: Fire Unit b. Conference with Legal Counsel -Anticipated Litigation, Initiation of litigation pursuant to subdivision (c) of Gov't Code §54956.9 (2 cases). Reconvened in Open Session at 10:35 pm with no reportable action on 14a and the following reportable action on 14b: Case 1. Motion by Baldwin, seconded by Rodin, authorizing City Attorney to file protest to Water Right Application Nos. 12919C and 129206 by Mendocino County Russian River Flood Control and Water Conservation Improvement District. M/S Baldwin/Rodin Approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: Councilmember McCowen. ABSTAIN: None. Case 2. Motion by Baldwin, seconded by Thomas, authorizing City Attorney to investigate /Millview County Water District, Hill and Gomes v. State Water Resources Control Board and Does 1-1000/, Mendocino County Case Nos. 08 51448 and 08 51450, and to file appropriate pleadings in either or both cases, if necessary to protect the City's interests. M/S BaldwinlThomas Approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: Councilmember McCowen. ABSTAIN: None. 15. ADJOURNMENT CC 9/17/08 Page 5 of 6 There being no further business, the meeting adjourned at 10:35 pm. ~~ ~ M. Currie, Deputy City Clerk CC 9/17/08 Page 6 of 6