HomeMy WebLinkAboutMin 11-07-07CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
November 7, 2007
6:00 p.m.
ROLL CALL
The Ukiah City Council met at a Regular Meeting on November 7, 2007, the notice for which being
legally noticed on, November 2, 2007. Mayor Rodin called the meeting to order at 6:04:30 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,
Community Services Director Sangiacomo, Planning and Building Director Stump, Building
Inspector Willoughby, Public Works Director Eriksen, Deputy Public Works Director Seanor, Fire
Marshall Yates, Police Chief Dewey, and City Clerk Brown.
Consultants present: Bob Wagner, Wagner & Bonsignore
PLEDGE OF ALLEGIANCE
PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Special Workshop Minutes of 10/3/07
b. ~ecial Adjourned Minutes of 10/29/07
M/S McCowen/Thomas to approve both sets of minutes with a correction to October 29 Minutes
that instead of representing the Ratto Group, David Carroll, et al, were representing the new
owners of the Company and also that John Shea was not present. Motion carried by an all AYES
voice vote.
6. RIGHT TO APPEAL DECISION 6:05:41 PM
7. CONSENT CALENDAR
Jim Mulherin requested item 7c be removed from the consent calendar; and Councilmember
Baldwin asked that 7g be removed.
M/S Crane/Thomas approving the consent calendar items 7a, 7b, 7d, and 7f through 7h. removing
items 7c and 7g, with items 7c and 7g becoming new business items 11d and 11e;
a. Report of Disbursements for the month of October 2007
b. Adoption of Resolution Authorizing the Submittal of an Application, Acceptance of an
Allocation of Funds and Execution of a Grant Agreement with the California Department of
Transportation, fora 2.5% Matching Grant in the Amount of $4,875.00, for Federal Aviation
Administration (FAA) Approved Project Under Airport Improvement Program (AIP) No. 3-
06-0268-10; Authorize the City Manager to Sign Grant Documents Resolution of the City
Council of the City of Ukiah
C.
MOVED TO
New Business 11d
d. Notification to Council of ESRI Geographical Information System Software Maintenance
Renewal Agreement in the Amount of $8,144.97
e. Adoption of Ordinance Rezoning Assessor Parcel Numbers 003-130-52,54,56, 57 and
Establishing aMixed-Use/Professional Office Planned Development
f. Police Department Strategic Planning Process
g
MOVED TO
New Business 11e
h. Approval of Purchase of Small Utility Cart from Rainbow Agricultural Service in the Amount
of $6,142.40
Motion carried by an all AYES voice vote.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Dottie Coplen reported on the November 6. 2007 Board of Supervisors meeting regarding the
criminal justice system site. 6:10:23 PM
PUBLIC HEARINGS (6:15 PM)
a. Public Hearing Regarding
6:19:06 PM Chief Dewey presented the item. RECOMMENDED ACTION: 1. Hold Public
Hearing for the COPS Grant FY 2007/08; 2. Authorize departmental spending plan for FY
2007/2008 SLESF Grant as presented in this report.
Public Hearing opened : 6:20:40 PM
No public members spoke to the item.
Pubiic Hearing Closed: 6:20:54 PM
M/S McCowenlBaldwin to approve the recommended action. Motion carried by the foilowing roll
call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES:
None; ABSENT: None; ABSTAIN: None.
b.
6:21:31 PM Director Sangiacomo presented the item. RECOMMENDED ACTIONS: Motion the
following required findings: (1) The renovation of the tennis courts at Ukiah High School are of
benefit to the Project Area; (2) There are no other reasonable means of financing the
improvements; and (3) Correction of the environmental deficiencies with tennis courts will assist
with the eiimination of blighting conditions in the Project Area and is consistent with the Agency's
Implementation Plan. And, authorize disbursement of Ukiah Unified School District's portion of
Redevelopment Funds in the amount of $300,000 from the Ukiah Unified School District Capital
Outlay Fund.
Director Sangiacomo indicated there are three findings that must be made as part of the motion,
which are included in the recommended action. The School District Board has made the finding
that there are no other funds available for this project other than these funds. The School Board
did take action in a resolution to make that specific finding.
Attorney Rapport added that under the agreement with the School District we are required to
authorize use of those funds in the capital outlay fund as long as those three findings can be made,
and the Council can make them. As long as sufficient information is presented to the Council to
support those findings under the contract, Council are supposed to approve that use of the funds.
Director Sangiacomo added that the RDA doesn't have any discretion as to being able to use
those funds for other projects other than those that are recommended by Ukiah Unified School
District.
The argument was made that run down schools are not good for economic development and that
schools in good repair foster a better community atmosphere and climate for economic
development, and the City Attorney has offered the opinion that that is sufficient justification to
support the finding.
M/S McCowen/Crane to approve the recommended action;
Pubic Hearing Opened: 6:26:01 PM
No public members spoke to the topic.
Closed Public Hearing: 6:26:13 PM
Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen,
Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None.
c.
6:27:03 PM Attorney Rapport presented the item and noted that Bob Wagner, Wagner &
Bonsignore, was present. RECOMMENDED ACTION: Continue the public hearing and adopt the
resolution (Attachment 2), adopting the revised update to the City's Urban Water Management
Plan.
Revisions were made since the last meeting reducing the future service area which lowered the
population estimates to be served, which came from Leonard Charles, but he wanted land use
assumptions. In order to make those projections we based those on the 1995 General Plan. We
also prepared appendix H. which summarizes all the written comments up to that point. We have
made some changes to the plan based on the questions we have received.
Public Hearing Opened :7:19:16 PM
Pinky Kushner stated she provided written comments to City Staff.
Paul Zelman 7:24:59 PM stated since the Plan has no teeth, we should adopt it and move on.
Linda Sanders 7:32:00 PM commented that page 19 regarding stream creek enhancement plans
for Doolan Creek shouldn't be mentioned; thinks a gray water program should be included;
suggested storm water and water quality be addressed in the document; expressed her hope the
City is serious about doing a water table groundwater study in future; suggested inclusion of
Ahwahnee water principles; and a commitment statement from City that water and managing it well
is important to the City.
Public Hearing Closed: 7:37:55 PM
By Consensus of the Council the item was continued to a subcommittee of McCowen/Rodin to
fine tune the Plan, and to bring it back to present it at a special meeting in November for final
presentation to Council and the public. 7:44:43 PM
10
a. Discuss Poss~nle unremrorcea mason aunam u rase ~ncenavea nnu r~w~uc
Direction to Staff 6:10:42 PM
Director Stump and Building Inspector Willoughby presented the item. RECOMMENDED ACTION:
Discuss options and alternatives for developing an unreinforced masonry building incentive
program and provide direction to Staff.
By Consensus of the Council a subcommittee of Crane/Thomas was formed to work with Director
Stump to consider establishing a citizens committee and to report back to Council with a
recommendation.
b. Status Report Reaardina Downtown/Perkins Street corm ttasea t;oae rroiect
Mayor Rodin and Councilmember McCowen recused themselves from discussion and left the dais
due to a potential conflict of interest. Vice Mayor Crane presided.
Director Stump presented the item 7:49:45 PM. RECOMMENDED ACTION: Receive Status
Report
7:57:33 PM There was no public comment given.
The report was received.
8:01:28 PM Mayor Rodin and Councilmember McCowen returned to the dias.
c.
8:01:30 PM Director Eriksen and Deputy Director Seanor presented the item. RECOMMENDED
ACTION: Determine the term of contract and authorize the appropriate expenditure for
environmental compliance services at the Ukiah Solid Waste Disposal Site.
There was no public comment given 8:05:04 PM .
M/S McCowen/Baldwin to approve the recommended action, with the 2 year option. Motion
carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen,
Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None.
11
a. AaOprlon Or KCSOlurlan APPfayll~u a1C JIpILI I/UeI Y{44111 nm~w auuwrwwu nom. vv-w
Located at 1165 South Dora Street 8:06:12 PM
Director Stump presented the item. RECOMMENDED ACTION: 1) Adopt the Resolution
approving the Smith/Delucchi Tentative Subdivision Map No. 06-40 for 1165 South Dora Street.
No public comment was given 8:07:12 PM .
M/S Crane/ Baldwin to approve the recommended action. Motion carried by the following roll
call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES:
None; ABSENT: None; ABSTAIN: None.
b. Implementation of Proposition 16: Local Street and Road Funds 8:08:02 PM
Director Eriksen presented the item. RECOMMENDED ACTION: Discuss the generation of a
Proposition 1B list and direct staff to finalize the list and return to the City Council for adoption of
the list.
Opened Public Comment: 8:27:08 PM
Speaking to the item: Lisa Mammina, and Linda Sanders.
Closed Public Comment: 8:30:26 PM
Staff will bring back a list with recommendations.
City Manager Horsley indicated any report on item 11c would take place after Closed Session
d.
Building Inspector Willoughby and Fire Marshall Yates presented the item. RECOMMENDED
ACTION: Adopt the ordinances amending the City code relating to the triennial code adoption
process for Building and Fire.
Public Comment Opened: 8:54:47 PM
Speaking to the item: Jim Mulherin, and Lisa Mammina.
Public Comment Closed
M/S CranelThomas to eliminate the International Building Maintenance Code pps 30-13 section
from the proposed Building Code Ordinance, adopt the remaining portion of the Ordinance tonight,
and then bring back the removed section to a future meeting for possible adoption. Motion
carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen,
Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None.
M/S Crane/McCowen to Adopt the Safety/Fire Code Ordinance. Motion carried by the following
roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin;
NOES: None; ABSENT: None; ABSTAIN: None.
e.
Attorney Rapport presented the item, reporting on ambiguity in the bids. RECOMMENDED
ACTION: Report to Council.
8:58:00 PM The City Council accepted the report.
8:59:39 PM Adjourned to a recess to be followed by the Ukiah Redevelopment Agency meeting.
Reconvened to City Council: 10:05:38 PM
12. COUNCIL REPORTS
Councilmember Crane reported that the Sewer ad hoc and Fire ad hoc committees continue to
meet.
Mayor Rodin reported she received a package from Mendocino Environmental Center (toxics
committee) that had sent a letter to the State requesting oversignt in the Masonite property. She
asked to schedule a meeting for Strategic Planning to discuss downtown and the courthouse and
redevelopment issues; City Manager Horsley suggested November 15, and Council concurred.
13. CITY MANAGER/CITY CLERK REPORTS
City Manager Horsley reported there is a new grant that looks like it could be spent on
groundwater studies and suggested a possible joint ground water study with the County water
agency.
Recessed to Closed Session: 10:13:07 PM
14. CLOSED SESSION -Closed Session may be held at any time during the meeting
a. Labor Negotiations: Management Unit (§ 54957.6)
Negotiator: Candace Horsley, City Manager
b. Conference with Real Prooerty Negotiators (§ 54956.8);
Property: APN 156-240-02, 03, 06, 07, 08 (Ukiah);
Negotiator: Candace Horsley, City Manager;
Negotiating Parties: City of Ukiah & David Hull/Ric Piffero;
c. Conference with Real Prooertv Negotiators (§ 54957.6)
Property: 107 E. Oak Street, Ukiah;
Negotiator: Lisa Mammina
d. PUBLIC EMPLOYMENT (§ 54957)
Title: City Manager
11
Reconvened to General Session at 12:05 AM. Reportable action. included Adoption of
Memorandum of Understanding for the Management Unit, see item 11c., below.
c. Adoption of Resolution Aparoving Memorandum of Understanding for Emalovee
Bargaining Unit-Management Unit
City Manager Horsley presented the item. RECOMMENDED ACTION: Adopt resolution
approving Memorandum of Understanding for the Management Unit.
M/S Thomas/Crane to approve the recommended action. Motion carried by the following
roll call vote: AYES: Councilmember Thomas, Crane, McCowen, and Mayor Rodin; NOES: None;
ABSENT: Baldwin: ABSTAIN: None.
15. ADJOURNMENT
(There big no her business, the meeting adjourned at 12:06 a.m.
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