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HomeMy WebLinkAbout2010-03-03 CC MinutesCITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 3, 2010 6:00 p.m. ROLL CALL Ukiah City Council met at a Regular Meeting on March 3, 2010, the notice for which being legally noticed on February 26, 2010. Mayor Thomas called the meeting to order at 6:00 pm. Roll was taken with the following Councilmembers present: Landis, Crane, Rodin, Baldwin, and Mayor Thomas. Councilmembers absent: None. Staff present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport, Airport Manager Owen, Director of Public Works and City Engineer Eriksen, and City Clerk Currie. 2. PLEDGE OF ALLEGIANCE 3. City Manager Chambers give the Employees of the Year presentation to the employees honoring their attitudes, hard work, and dedication. Employees of the Year Presentations: Jimmy Lozano, Electric Department Sheri Mannion, Human Resources Department Katie Merz, Community Services Department Jan Newell, Finance Department Special Proiects Award: Ann Burck, Public Works Department 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Minutes of February 17, 2010 M/S Rodin/Landis to approve the Regular -Minutes of February 17, 2010, as submitted. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR 6:10:40 PM MIS Landis/Rodin to approve the Consent Calendar items 7a-7i: a. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well b. Adoption of Resolution Authorizing Northern California Power Agency to Serve as the City's Designated Representative for Funding Under the California Energy Commission's Energy Efficiency and Conservation Block Grant Program and Related CEQA Finding CC 3/3/10 - Page ] of 6 C. Report Purchase of Dell PowerEdge R710 server $9270.39 d. Notification of Sole Source Purchase of a Narcotic Detecting Dog, in the Amount of $8,893.75, From Master K-9 Inc. e. Adopt City of Ukiah Ordinance and Very High Fire Hazard Severity Zone Map for the Purpose of Establishing a Very High Severity Zone in the Ukiah City Limits f. Award Bid to Stella Jones for the Purchase of 71 Power Poles for the Distribution Pole Replacement Project and for Stock in the Amount of $50,305.57 g. Update Report on Local Emergency Declaration Regarding Drought and Water Shortage Status h. Award Purchase of Liquid Sodium Hypochlorite Solution to Sierra Chemical Company At the Unit Price of $0.745 Per Gallon, Award Purchase of Sodium Bisulfite 25% to Brenntag Pacific, Inc. At the Unit Price of $796.00 per Dry Ton, and Award Purchase of Liquid Ferric Chloride to Kemira Water Solutions, Inc. At the Unit Price of $735.00 Per Dry Ton i. Report Regarding the Purchase of a Vanguard EZCT Test Set From Tarbell Associates in the Amount of $9,971.25 Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Mike Peterson expressed his thoughts on the Railroad Depot and making it a tourist area. 6:12:37 PM Bruce Campbell, Manager of Albion River Campground, member of the Albion Harbor Regional Alliance, and member of the Marine Life Protection Act Regional Stakeholders Group, spoke to the importance of working with policymakers and stakeholders regarding the implementation of the 1999 Marine Life Protection Act Initiative (MLPAi) in an economical and environmental way as to not negatively impact the Mendocino County communities. 6:15:02 PM Mike Carpenter spoke to the importance of working with policymakers and stakeholders regarding the implementation of the 1999 MLPAi in an economical and environmental way as to not negatively impact the Mendocino County communities. He discussed the North Coast Local Agency Coastal Coordination Committee Memorandum of Agreement. 9. PUBLIC HEARINGS (6:15 PM) 10. UNFINISHED BUSINESS a. Discussion of Request By Flood Control District for City to Withdraw Its Protest to District's Appropriative Water Rights Application Nos. 12919c and 12920b and Possible Action City Attorney Rapport presented the item. Recommended Action(s): Withdraw Condition No. 1 from the City's protest to the Flood Control District application to appropriate additional water from the Russian River, but otherwise maintain its protest. Public Comment Opened 6:28 pm Public Speaking to the item: Sean White, General Manager of the Russian River Flood Control District, and John McCowen, private citizen, and on behalf of Carrie Brown. 6:32:00 PM Public Comment Closed 6:34 pm CC 3/3/10 Page 2 of 6 M/S Crane/Landis to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. 11. NEW BUSINESS g. Consideration and Action on Naming of the Orchard Avenue Bridge and Consideration of Bridge Dedication Ceremony 6:35:12 PM Director of Public Works and City Engineer Eriksen presented the item. Recommended Action(s): 1. Direct Staff to prepare and present a proclamation for the next regularly scheduled staff meeting that will dedicate and name the bridge "Jason J. Buzzard Memorial Bridge." 2. Direct Staff to coordinate a grand opening for the bridge naming dedication and bring dates to City Council. Public Comment Opened 6:38 pm Public Speaking to the item: Robert Parker, Commander of Ukiah Post No. 1900; Phillip Dow, Immediate Past Post Commander of Ukiah Post 1900, personal statements 6:39:49 PM; John McCowen 6:43:10 PM; Burt Haas 6:45:29 PM; and William Shock Senior Vice Commander of Ukiah Post No. 1900. Public Comment Closed 6:48 pm M/S Crane/Landis to approve the Recommended Action. Councilmember Baldwin moved to amend the motion to read that the naming be Jason Buzzard Veterans Memorial Bridge. Motion failed due to a lack of a second. 6:59:07 PM Public Comment Opened 6:55 pm Public Speaking to the item: JR Rose and Robert Parker. Public Comment Closed 7:01 pm Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Baldwin, and Mayor Thomas. NOES: Councilmember Rodin. ABSENT: None. ABSTAIN: None. Resolution in Support of the Redwood Forest Foundation and the Foundation's Sale of Conservation Easement 7:07:15 PM Councilmember Landis presented the item. Recommended Action(s): Adopt Resolution in support of the Redwood Forest Foundation and the Foundation's Sale of Conservation Easement. Public Comment Opened 7:15 pm Public Speaking to the item: Art Harwood. Public Comment Closed 7:20 pm M/S Crane/Rodin to pass the Resolution in support of the conservation easement. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. 7:15:40 PM Recessed 7:20 pm Reconvened 7:28 pm CC 3!3110 Page 3 or6 a. Approve Self Fuel Permit Ordinance and Adopt Ordinance 7:29:21 PM Airport Manager Owen presented the item. Recommended Action(s): Pass a motion to introduce ordinance by title only, have the City Clerk read the ordinance title, followed by a motion to introduce the ordinance. M/S Crane/Baldwin to introduce the ordinance by title only. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. City Clerk Currie read the title. MIS Crane/Rodin to introduce the Ordinance of the City of Ukiah Adding Article 6, Commencing with Section 5070 to Chapter 1, Division 6 of the Ukiah City Code, Regulating Self-Fueling of Airplanes at the Ukiah Municipal Airport. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. b. Appointment to Advisory Group for New Ukiah Courthouse Project 7:32:29 PM City Manager Chambers presented the item. Recommended Action(s): City Council direct the City Manager to inform the Court Executive Officer that Mari Rodin will serve as the City's representative on the advisory group, with Mary Anne Landis serving as alternate and attending meetings MIS Crane/Baldwin to approve the Recommended Action. Motion carried by an all AYE voice vote. C. Approval of Access Agreement between City and Redwood Business Park (RBP) of Ukiah and Agreement Re: Conditions among City, RBP and Guilion, Inc. 7:37:01 PM City Manager Chambers and City Attorney Rapport presented the item. City Attorney Rapport presented City Council with the most current draft agreement and conditions. Recommended Action(s): Approve Access Agreement in Attachment 1 and Agreement re: Conditions in Attachment 2. Public Comment Opened 7:52 pm Public Speaking to the item: Gary Akerstrom. Public Comment Closed 8:56 pm Councilmember Baldwin moved to approve the Recommended Action and as soon as possible enter into negotiations for a third agreement that will deal with the real costs to the applicant. Motion Failed due to the lack of a second. 8:45:44 PM Mr. Akerstrom agreed to the most current draft of the Access Agreement and the Agreement Regarding Conditions of Approval for Use Permit No. 09-31 provided to the City Council by City Attorney Rapport and as discussed between City Attorney Rapport and Mr. Akerstrom provided that $10,000 is paid for negotiating the agreements. CC 3/3/10 Page 4 of 6 MIS Crane/Landis to approve the agreements as amended by the discussion between City Attorney Rapport and Mr. Akerstrom and direct the City Manager Chambers to entertain a claim/invoice in amount not exceeding $10,000 based on costs he has incurred on negotiating the agreements. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Baldwin, and Mayor Thomas. NOES: Councilmember Rodin. ABSENT: None. ABSTAIN: None. 8:56:46 PM e. Billboard Discussion and Possible Action 9:02:35 PM Councilmember Baldwin presented the item. Recommended Action: Requests a letter of support to ban new billboards in Mendocino County be addressed to Mendocino County Supervisors. Public Comment Opened 9:10 pm Public Speaking to the item: JR Rose and John McCowen Public Comment Closed 9:14 pm M/S Rodin/Baldwin to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. f. Possible Introduction of Ordinance of the City Council of the City of Ukiah Amending Article 18 of Division 4, Chapter 2 of the Ukiah City Code Pertaining to Sewer Lateral Testing Pulled. 12. COUNCIL REPORTS Councilmember Rodin reported the Mendocino Council of Governments (MCOG) is applying for a Rails with Trails grant. Mendocino County Local Area Formulation Commission (LAFCO) has started next year's budget process and reported that allocation of costs is a third to districts, a third to cities, and a third to the county. The cities' third is based the agency's total budget; Rodin recommends looking at what is included in Ukiah's budget along with the allocation and how this might be changed. 9:18:05 PM Councilmember Landis reported that registration deadline for the shop local film contest for youth, between 14 and 18, is March 13. For more information, Landis can be contacted through the City of Ukiah's website. 13. CITY MANAGER/CITY CLERK REPORTS City Manager Chambers reported the city is looking at applying for participation in the Google Fiber for Communities Project, which was brought to staffs attention by Pacific Internet. An application for citizens to nominate their community exists as well. 9:22:01 PM Adjourned to closed session and the Ukiah Redevelopment Agency at 9:24 pm. CC 3/3/10 Page 5 of 6 14. CLOSED SESSION - Closed Session may be held at any time during the meeting a. conference wim Leaai uounsei - Hnticipatea Litigation Government Code Section 54956.9(b)(1) - Significant exposure to litigation (1 case) b. 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 Reconvened in Open Session at 10:10 pm with no reportable action. 15. ADJOURNMENT There being no further business, the meeting adjourned at 10:10 pm. o nne M. Currie, City Clerk CC 3/3/10 Page 6 of 6