HomeMy WebLinkAboutMin 09-19-07CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
September 19, 2007
6:00 p.m.
ROLL CALL
The Ukiah City Council met at a Regular Meeting on September 19, 2007, the notice for which
being legally noticed on, September 14, 2007. Mayor Rodin called the meeting to order at 6:07:05
PM. Roll was taken with the following Councilmembers present: Thomas, Crane, McCowen,
Baldwin, and Mayor Rodin. Absent: None. Staff present: City Manager Horsley, City Attorney
Rapport, Planning and Building Director Stump, Public Works Director Eriksen, Electric Distribution
Engineer Kirkley, and Deputy City Clerk Brown.
Consultants Present: Rick Kennedy, PE, Project Manager; Mary Grace Pawson, and Ted
Whiton, PE, Managing Principal of Winzler & Kelly; Timothy Banyai, PE, Brown & Caldwell; Steve
Rupp, R. W. Beck.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
3.
a. Introduction of New Employee--Bob Mandel, GIS Coordinator
City Manager Horsley introduced Bob Mandel to the City Council.
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
6. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR
M/S McCowen/Crane to approve the Consent Calendar items 7a. through 7e;
a. Report of Disbursements for the Month of August 2007
b. Award Purchase of Transformers to General Pacific Inc. for the Amended Amount of
$48,509.05
c. Adoption of Resolution Setting the Limitation on City Expenditures for Fiscal Year 2007-
2008
d. Adopt Resolution Establishing Energy Efficiency Program Targets for Compliance with
Assembly Bill 2021
e. Adoption of the Amendment to City Council Resolution 92-24 Regarding Seismic Upgrades
when "Substantial Improvement" is Made
Motion carried by an all AYES voice vote.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
None.
9. PUBLIC HEARINGS (6:15 PM)
a. Introduction of Ordinanc
Director Stump presented the item. Recommended Action: 1) Conduct a public hearing; and 2)
Approve the Negative Declaration; and 3) Introduce the Ordinance rezoning Assessor Parcel No.
003-130-52,54,56, and 57 from C-N (Neighborhood Commercial) to C-N/PD (Neighborhood
Commercial-Planned Development).
Public Hearing Opened: 6:19 PM
No public comment given.
Public Hearing Closed: 6:19 PM
M/S McCowen/Baldwin to approve the negative declaration. Motion carried by the following roll
call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. NOES:
None. ABSTAIN: None. ABSENT: None.
M/S McCowen/Crane to introduce the Ordinance by Title only. Motion carried by the following
roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin.
NOES: None. ABSTAIN: None. ABSENT: None.
M/S Thomas/McCowen to introduce the Ordinance, including the two additions to: Attachment 1,
Exhibit 3, p 2 of 3 inserting in Recommended Conditions of Approval, item 1, to read "No building
permits ...for the Planned Development, other than for repair, until the Final Map ... "; and,
Attachment 1, Exhibit 3, p 3 of 3 inserting in condition 11, "All work .properly licensed
Contractor, or city crews, as appropriate, with a current City of Ukiah Business License ..."
Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen,
Baldwin, and Mayor Rodin. NOES: None. ABSTAIN: None. ABSENT: None.
10.
Last night the ad hoc committee met 6:23:40 PM and modified one of the triggers that require the
inspection and testing of the sewer lateral, the fixture unit threshold, which was modified from 1 to
2, and Mary Grace Pawson will address it in her presentation. So, it is a slight modification to the
plan that is before Council.
This program eliminates the point-of-sale requirement. It does not yet include financial assistance
programs, but the committee will continue to meet to consider this component. This Alternative
Plan is agendized for the UVSD meeting of September 26. The City, District, and River Watch
have until November 1.2007 to resolve issues.
Mary Grace Pawson gave a power point presentation on the Alternative Sewer Lateral Testing
Inspection and Repair Program 6:28:11 PM.
M/S Crane/McCowen to approve the recommended action, approving both the report prepared by
Winzler & Kelly, as well as the document handed out tonight based on proposed revisions to the
River Watch consent decree and authorization for the City Attorney to submit both documents to
River Watch with the request that the proposed revision to the consent decree be agreed to by
River Watch 7:04:35 PM. Motion carried by the following roll call vote: AYES: Councilmember
Thomas, Crane, McCowen, and Mayor Rodin. NOES: Baldwin. ABSTAIN: None. ABSENT: None.
the sewer Lateral Ad Hoc committee
6:21:07 PM Project Manager Kennedy presented the item. Recommended Action: Approve the
Alternative Sewer Lateral Program submitted by Staff on behalf of the Sewer Lateral Ad Hoc
Committee and direct the City Attorney to submit the Alternative Sewer Lateral Program to River
Watch for review and approval.
b. Review and Discuss Draft Update of Urban Water Management Plan; Schedule
Hearing for Adoption of Plan 7:20:52 PM
Attorney Rapport presented the item. Brown & Caldwell's Timothy Banyai, PE, was present to
answer any questions. Recommended Action: Review and provide any comments or
questions regarding the draft Urban Water Management Plan and schedule hearing for
adoption of plan.
Public Comment Opened: 7:43:19 PM
Speaking to the topic: Jan Moore, Barbara Spazek
Public Comment Closed: 7:51:39 PM
Attorney Rapport noted that September 15 was the date requested for written comments; however,
we can continue to consider comments all the way up to the public hearing.
By Consensus the items was continued to the regular meeting of October 3, 2007.
Recessed: 8:08:05 PM
Reconvened: 8:15:19 PM
City Council changed the agenda order and went to item 11 c, Masonite
11.
c. Consideration of Request for Letter to CALEPA Department of Toxic Substances
Control for Oversight of Masonite Demolition and Cleanup
City Manager Horsley presented the item. Recommended Action: Consider request and provide
direction.
Public Comment Opened: 8:17:20 PM
Speaking to the topic:
Meca Wawona, Dr. Marvin Trotter, letter from Chris Brown, Cliff Paulin, Steve Scalmannini
Meca Wawona asked permission to show a photo to the Council, which view was on her camera,
indicating she would download a copy and provide it to the City Clerk for the public record.
Public Comment Closed: 8:37:45 PM
MIS Baldwin/Thomas to send a letter to CALEPA Department of Toxic Substances Control asking
for oversight. Motion carried by the following roll call vote: AYES: Councilmember Thomas,
McCowen, Baldwin and Mayor Rodin. NOES: Crane. ABSTAIN: None. ABSENT: None.
10.
c. Resolution of the City Council of the City of Ukiah Approving a Market Purchase
Program Agreement with the Northern California Power Agency and Delegating
Authority to Approve Power Purchases Pursuant to Said Agreement 8:40:49 PM
Engineer Kirkley presented the item. Attorney Rapport stated this is a one-sided agreement that
protects NCPA - a policy declaration by NCPA. Recommended Action: By Resolution approve a
Market Purchase Power Agreement with the Northern California Power Agency; and Authorize the
City Manger to execute the same on behalf of Ukiah; and Delegate the City Manager or the City's
Electric Utility Director the authority to approve power purchases pursuant to said Agreement for up
to 115% of Ukiah's electric power requirements through the year 2012.
M/S Crane/McCowen to approve the recommended action. Motion carried by the following roll
call vote: AYES: Councilmember Thomas, McCowen, Crane, Baldwin and Mayor Rodin. NOES:
None. ABSTAIN: None. ABSENT: None.
d. Rescind Award of Contract to W. Bradley Electric, Inc. for Traffic Signal Equipment
Upgrade project, Specification No. 07-12 and Reject All Bids and Readvertise Project
Director Eriksen presented the item. 8:47:28 PM Since the staff report was submitted, we have
received some new information from Caltrans, our funding source for the project, that we don't
need to readvertise the project after all. Therefore, the new recommendation is to: rescind the
original award to Bradley Electric, waive the irregularity on the bid to Republic ITS, and then award
the bid to Republic ITS for $144,825 plus 10 percent for change orders, or a total of $159,087.
Attorney Rapport stated Caltrans has the right to approve an irregularity, and if we awarded the
project to the second low bidder, Bradley Electric, we wouldn't have a grant. According to Federal
Regulations we couldn't award the project without Caltrans approval. 8:52:13 PM The City has
notified the second low bidder, Bradley Electric.
M/S Baldwin/Thomas to rescind and modify the recommended action to the Director's
recommendation tonight: rescind the original award to Bradley, waive the irregularity on the bid to
Republic ITS, and then award the bid to Republic ITS for $144,825 plus 10 percent for change
orders, or a total of $159,087. Motion carried by the following roll call vote: AYES:
Councilmember Thomas, McCowen, Crane, Baldwin and Mayor Rodin. NOES: None. ABSTAIN:
None. ABSENT: None.
Public Comment Opened: 8:56:56 PM
Andrew Poster indicated that Republic will honor their low bid.
Public Comment Closed
e. Accept R.W. Beck Report on the Study of Alternatives and Design for Gobbi
Substation and Provide Direction 8:59:48 PM
Engineer Kirkley introduced R. W. Beck Inc. representative Steven Rupp. Mr. Rupp gave a power
point presentation. Recommended Action: Accept R.W. Beck's report of the Study of
Alternatives and Design for Gobbi Substation and provide direction regarding their
recommendations.
Council discussed the alternatives, but took no action.
f. Receive Status Report Concerning Code Compliance Activities 9:27:47 PM
Director Stump presented the item. Recommended Action: Receive Report.
The City Council received the report.
g. Adoption of Ordinance Amending Sections 1001 and 1101 to Make Eligible a Limited
Number of County Residents to Serve on the City's Parks, Recreation, and Golf
Commission and the Airport Commission 9:3226 PM
City Manager Horsley presented the item. Recommended Action: Adopt the Ordinance.
M/S McCowen/Thomas to approve the recommended action;
Public Comment Opened: 9:33:12 PM
Speaking to the item: Dottie Deerwester, and Chamise Cubison.
Councilmember Thomas called for the question
Public Comment Closed: 9:46:20 PM
Motion carried by the following roll call vote: AYES: Councilmember Thomas, McCowen, Crane,
and Mayor Rodin. NOES: Baldwin. ABSTAIN: None. ABSENT: None.
11. NEW BUSINESS
a. Layoff and Sale Agreement for the Northern California Power Agency (NCPA) CT 1
Project
Engineer Kirkley presented the item. Recommended Action: Approve the attached agreement
entitled "Agreement for Layoff and Sale of Project Entitlement Percentage Relating to Combustion
Turbine Project Number One".
M/S Crane/Baldwin to approve the recommended action. Motion carried by the following roll call
vote: AYES: Councilmember Thomas, McCowen, Crane, Baldwin and Mayor Rodin. NOES:
None. ABSTAIN: None. ABSENT: None.
b. Stream Clearance and General Creek Maintenance 9:49:17 PM
Director Eriksen presented the item. Recommended Action: Discuss the proposal to refer the
issue to the Paths, Open Space and Creeks Commission.
Public Comment Opened: 9:54:32 PM
Speaking to the topic: Linda Sanders, letter from Albert Krauss, and Shaun Kirkley
Public Comment Closed: 10:00:15 PM
By Consensus the City Council referred the item to POSC for consideration.
d. Discussion of Mayor's Building Improvement Recognition Program
Item pulled by Council due to the late hour, and continued to the October 3 regular meeting.
e. Adoption of Resolution Approving Memorandum of Understanding for Employee
Bargaining Unit-Police Unit
Item to be discussed in Closed Session.
f. Discussion of Council Conference 8~ Training Budget
Item pulled by Council due to the late hour, and continued to the October 3 regular meeting.
12. COUNCIL REPORTS 10:05:59 PM
Councilmember Thomas reported on meeting with Director Sangiacomo and reviewing options for
Observatory Park. Mayor Rodin attended the League of California Cities conference and will plan
to report at the next meeting.
13. CITY MANAGER/CITY CLERK REPORTS
None.
Recessed to Closed Session: 10:08:27 PM
14. CLOSED SESSION -Closed Session may be held at any time during or before the meeting
a. Labor Neootiations: Police, and Management Unit (§ 54957.6)
Negotiator: Candace Horsley, City Manager
Reconvened at: 11:45 PM. No action taken.
15.
no furt+~er business, the meeting adjourned at 11:45 PM.
~~
Linda C. Brown, Deputy City