HomeMy WebLinkAboutMin 10-07-09CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
October 7, 2009
6:00 p.m.
ROLL CALL
Ukiah City Council met at a Regular Meeting on October 7, 2009, the notice for which
being legally noticed on October 2, 2009. Mayor Baldwin called the meeting to order at
6:00 pm. Roll was taken with the following Councilmembers present: Landis, Thomas,
Crane, and Mayor Baldwin. Councilmembers absent: Councilmember Rodin. Staff
present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney
Rapport, Director of Public Works/City Engineer Eriksen, Senior Civil Engineer
Kageyama, Director of Planning and Community Development Stump, Community
Services Supervisor Merz, Airport Manager Owen, Electric Utility Director Grandi,
Director of Finance Elton, and City Clerk Currie.
2. PLEDGE OF ALLEGIANCE
3.
a. A Proclamation of the Ukiah City Council in Recognition of "Domestic
Violence Awareness Month, October 2009" 6:01:11 PM
Vice-Mayor Thomas read and presented the proclamation to Ana Araiza, Client
Advocate with Project Sanctuary.
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Regular Minutes of September 16, 2009
MIS Landis/Thomas to approve the Regular Minutes of September 16, 2009 as
submitted. Motion carried by an all AYE voice vote.
6. RIGHT TO APPEAL DECISION 6:07:01 PM
7. CONSENT CALENDAR
M/S Landis/Crane to approve the Consent Calendar items 7a-7j:
a. Report to City Council on Claims Received for Money or Damages Against the
City, Rejected By the City Manager and Referred to Redwood Municipal
Insurance Fund
b. Receive Report of the Expenditure of $9,920.78 for the Purchase of 2 Seats of
AutoCAD Software (Autodesk Map 3D 2010) for the Electric Department
C. Update Report Regarding Status of Water Emergency Conditions Necessitating
Emergency Resolution to Expedite Construction of Gobbi Street Water Well
d. Update Report Regarding Status of Water Emergency Conditions Necessitating
Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well
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e Approve Budget Amendment and Award of Professional Services Agreement to
Rau and Associates, Inc. in an Amount Not to Exceed $18,081 for Preparation of
Bid Documents for South Dora Street Rehabilitation; Designate Additional $1,808
for Design Contingencies
f. Award Purchase Order to Evergreen Job and Safety Training to Provide Training
Services for Electric Meter Readers/Technicians in the Amount of $15,451.92.
g. Approval of Notice of Completion for Street Striping 2009, Specification No. 09-
04
h. Approval of Bid from Weck Laboratories in the Amount of $5865.00 to Analyze
Drinking Water Samples Submitted for the Detection of Disinfection Byproducts
i. Report to Council and Approval of the Purchase of a Telephone System and
Services from Telecom Services, Inc. for the New Wastewater Treatment Plant
Facility In the Amount of $11,073.44
j. Update Report on Local Emergency Declaration Regarding Drought and Water
Shortage Status
Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas,
Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN:
None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Ike Heinz, representing the Landfill Gas Task Force, brought forward the possibility of
using landfill gas and biomass as a local energy resource and provided a letter including
the information to the City Council. 6:10:39 PM
Dr. Marvin Trotter thanked the City Council for working for the citizens of Ukiah and
working on bringing to close the Alex Rorabaugh Center project. 6:14:49 PM
J.R. Rose, senior advocate, brought to City Council's attention AB 324, which is in the
Senate and has been through the Assembly and thanked the City Council for the
resolutions they provided in support of the bill. He also invited City Council to be guests
on his talk show which is shown on cable channel 3 the public broadcast channel.
6:15:29 PM
Mike Peterson stated he is pleased to see the railroad depot being refurbished, looks
forward to having a business(s) located there, and does not want to see it vandalized.
He also stated he would like to see the train running again and that Masonite should
remain zoned light industrial and that the Airport Business Park is a good location for
large stores. 6:17:26 PM
Judy Hatch, owner of Shady Grove Mobile Home Park, spoke to the City Council
regarding rent control, read and provided a letter that states their opposition to rent
control to City Council from David Shell, the attorney representing Mr. and Mrs. Hatch.
6:20:16 PM
Judy Pruden, representing the Wagensellers Neighborhood, stated a letter, dated
September 17, 2009, was sent to City Council from the Wagensellers Neighborhood
regarding Orr Creek Bridge and requested Council review it thoroughly as it includes
comments on design, functions, and cost saving suggestions. 6:24:29 PM
9. PUBLIC HEARINGS (6:15 PM)
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10. UNFINISHED BUSINESS
a. Status Report and Possible Direction Regarding the Code Compliance
Program 6:25:44 PM
Director of Planning and Community Development Stump presented the item.
Recommended Action(s): Receive report and provide direction to Staff.
Public Comment Opened 6:31 pm
Public Speaking to the item: Rodger Schwartz.
Public Comment Closed 6:34 pm
By Consensus, Council directed the City Council Code Compliance Ad Hoc
Committee, Councilmembers Crane and Thomas, to reconvene to discuss the
program.
b. Adoption of Resolution of the City Council of the City of Ukiah Approving
the Conceptual Plans for Neighborhood Enhancement on Clara Avenue,
Betty Street, and Lorraine Street 6:37:33 PM
Director of Public Works/City Engineer Eriksen and Senior Civil Engineer
Kageyama presented the item. Recommended Action(s): Adopt resolution
approving conceptual plans for Clara Avenue, Betty Street and Lorraine Street.
Public Comment Opened 6:58 pm
Public Speaking to the item: Diane Zucker, Wagensellers neighborhood.
Public Comment Closed 7:01 pm
M/S Thomas/Landis to approve the Recommended Action. Motion carried by
the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and
Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None.
C. Concerns Regarding Outcome of Mobile Home Park Ordinance Governing
Utility Billing 7:03:02 PM
City Manager Chambers and City Attorney Rapport presented the item.
Recommended Action(s): City Council receive the letter from William Nicolet,
and provide direction to City Staff regarding any further actions.
Public Comment Opened 7:17 pm
Public Speaking to the item: Lisa Hillegas, Managing Attorney of Legal Services
Northern California 7:17:43 PM 7:48:13 PM; 7:26?1 PM 7:44:51 PM Judy
Hatch, Owner Shady Grove Mobile Home Park; 7:28:22 PM Marie Denham; and
7:31:56 PM John McCowen, private citizen.
Public Comment Closed 7:50 pm
City Attorney Rapport will look into the possibility of the ordinance as an urgency
item. 7:35:00 PM
M/S Crane/Thomas to direct staff to facilitate the concept of a reformulation of
the calculation in the ordinance and bring back to Council as soon as possible
and as part of the City's rate study look at developing a sewer rate cap for mobile
home parks so park tenants' sewer charges are more equitable by limiting tenant
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liability for water leaks beyond the control of the tenants. Motion carried by the
following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and
Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None.
7:40:06 PM
d. Discussion and Possible Action: (1) to Fund Completion of the Alex
Rorabaugh Center; (2) for City of Ukiah Community Services Department to
Assume Management and Operation of the Facility; and (3) for City
Manager/Executive Director to Negotiate and Execute All Necessary
Contracts and/or Agreements to Implement These Actions 7:48:56 PM
Assistant City Manager Sangiacomo, Community Services Supervisor Merz, and
City Attorney Rapport presented the item. Recommended Action(s):
1. City Council and Ukiah Redevelopment Agency to approve the use of up to
$500,000 of Redevelopment Funds for the completion of the ARC.
2. Authorize the City Manager/Executive Director to negotiate and execute
agreements to facilitate the District's and the Agency's contributions toward
the completion of the ARC in the approximate amount of $500,000 each,
including:
a. Amending the 1989 Redevelopment Agreement between the District and
the Agency to pay to the District as direct pass-through funds up to
$1,000,000 on condition that those funds are used to complete the ARC;
b. Agreeing that the Agency shall, at the request of the District, use up to
$500,000 of Agency funds not set aside in the District's Capital Outlay
Fund for a capital project selected by the District, subject to compliance
with all applicable laws governing the Agency's use of Redevelopment
Funds.
3. City Council to authorize City Manager to negotiate and execute
management operating agreement for Community Services Recreation
Department to manage the ARC.
4. City Council to adopt operating budget, for the period January 2010-June
2010, for the Community Services Department Recreation Division to
manage the ARC.
Public Comment Opened 8:02 pm
Public Speaking to the item: Richard Shoemaker, Executive Director ARC
8:02:58 PM 8:27:06 PM and 8:34:55 PM McCowen, private citizen.
Public Comment 8:35 Closed pm
MIS Crane/Thomas to approve the Recommended Actions 1, 2, 4 and the
proposed amendments to the agreement with Ukiah Unified School District.
Motion carried by the following roll call vote: AYES: Councilmembers Landis,
Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember
Rodin. ABSTAIN: None. 8:07:01 PM 8:08:52 PM
Recessed 8:35 pm
Reconvened 8:43 pm
e. Discussion and Direction Regarding _ Agreement Among Parties
Contributing Funds Toward Local Sponsor Share of the Army Corps of
Engineers Coyote Dam Feasibility Study 8:43:38 PM
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Mayor Baldwin and City Attorney Rapport presented the item. Recommended
Action(s): Approve the first amendment to the IWPC agreement among parties
contributing funds toward local sponsor share of the U.S. Army Corps of
Engineers Coyote Dam Feasibility Study.
M/S Crane/Landis to approve the Recommended Action. Motion carried by the
following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and
Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None.
11. NEW BUSINESS
a. Proposed Adoption of New Resolution Replacing Resolution 87-45
Governing Establishment of Aviation Fuel Prices at Ukiah Regional Airport
8:58:10 PM
Airport Manager Owen presented the item. Recommended Action(s): Adopt
Resolution changing how Staff establishes fuel prices.
M/S Crane/Landis to adopt the Resolution with two additions 1) that it comes
back to City Council every five (5) years for consideration and 2) that the $.95
and $2.10 be indexed with the appropriate CPI and date to be indexed. Motion
carried by the following roll call vote: AYES: Councilmembers Landis, Thomas,
Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin.
ABSTAIN: None. 9:02:43 PM
b. Award of Contract for the Redwood Business Park Electric System
Reliability Improvement Project, Specification No 09-13, to Wipf
Construction In the Amount of $98,147.20 9:06:24 PM
Electric Utility Director Grandi presented the item and stated this project will
improve reliability for more than the Redwood Business Park. Recommended
Action(s): Award of contract for the Redwood Business Park Electric System
Reliability Improvement Project, Specification No 09-13, to Wipf Construction in
the amount of $98,147.20.
M/S Crane/Landis to approve the Recommended Action. Motion carried by the
following roll call vote: AYES: Counciimembers Landis, Thomas, Crane, and
Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None.
Adjourned to closed session concurrent with the closed session for Ukiah
Redevelopment Agency at 9:09 pm.
Reconvened 9:12 pm
12. COUNCIL REPORTS
Councilmember Landis stated a member of the community contacted her asking about
the Planning Commissioners not receiving stipends or travel budget and Landis would
like to see this topic on a future agenda. 9:12:29 PM
13. CITY MANAGERICITY CLERK REPORTS
City Manager Chambers informed City Council of tentative, special meetings; Tuesday,
October 13, 2009, closed sessions and Ukiah Redevelopment Agency meeting prior to
the joint Ukiah Valley Sanitation District on October 22, 2009. 9:12:59 PM
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Adjourned to closed session concurrent with the closed session for Ukiah
Redevelopment Agency at 9:17 pm.
14. CLOSED SESSION - Closed Session may be held at any time during the meeting
a. Conference with Labor Negotiators (§54956.8)
Agency Representative: Jane Chambers, City Manager
Employee Organizations: Department Head Unit, Management Unit,
Miscellaneous Unit, Electric Unit, Police Unit, Fire Units
b. Conference with Legal Counsel - Anticipated Litigation
(Government Code Section 54956.9(b)(1)
Significant Exposure to Litigation (1 case)
C. Conference with Real Property Negotiators (§54956.8)
Property: APN 178-130-01, 178-210-01
Agency Negotiator: Jane Chambers, City Manager
Negotiating Parties: City of Ukiah and Solid Waste Systems, Inc.
Under Negotiation: Price & Terms
d. Conference with Real Property Negotiators 54956.8);
Property: APN 002-281-15-00, 002-281-29-00, 002-281-02-00, 002-281-03-00,
and 002-281-04-00
Negotiator: Jane Chambers, City Manager
Negotiating Parties: City of Ukiah and Hardy Schmidbauer
Under Negotiation: Price & Terms
Reconvened in Open Session at 11:59 pm with no reportable action.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 11:59 pm.
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Jo`nne M. Currie, City Clerk
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