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Home My WebLink About2010-07-21 CC MinutesCITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 July 21, 2010 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on July 21, 2010, the notice for which being legally noticed on July 17, 2010. Mayor Thomas called the meeting to order at 6:07 pm. Roll was taken with the following Councilmembers present: Landis, Crane, Rodin (arriving 6:24 pm), Baldwin (arriving 6:09 pm), and Mayor Thomas. Councilmembers absent: None. Staff present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport, Finance Director Elton, Director of Planning and Community Development Stump, Senior Planner Jordan, Director of Public Works/City Engineer Eriksen, Community Services Supervisor Merz, Building Official Willoughby, Project and Grant Administrator Mills, and City Clerk Currie. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR M/S Landis/Baldwin to approve the Consent Calendar items 7a-7o: a. Report of Disbursements for Month of June 2010 b. Approve Plans and Specifications for Neighborhood Enhancement on Clara Avenue Phase 1, Specification No. 10-12 and Direct Staff to Advertise for Bids C. Adoption of Resolution Setting the Limitation on City Expenditures for Fiscal Year 2010-2011 d. Adoption of Policy Resolution Establishing Advances Made from the Sewer Operating Revenue to the Sewer Connection Fee Fund Are Loans and Are Intended to be Repaid, With Interest, from Future Connection Fees e. Report to Council of the Expenditure of $8,394.38 to Vanguard Instruments C/O Tarbell Associates for the Purchase of a Vanguard Relay Tester and Shipping Case for the Electric Utility Department (EUD) f. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well g. Update Report on Local Emergency Declaration Regarding Drought and Water Shortage Status h. Approval of Notice of Completion for Environmental Drilling - Ukiah Corporation Yard Specification No. 10-05 i. Receive Report of the Acquisition of Premarks from Flint Trading in the Amount of $5,264.32 CCI'i2v10 Page 1 of 6 j. Award Acquisition of Ozone Sparge System for the Corporation Yard to Piper Environmental Group, Inc. in the Amount of $46,950 k. Grease Interceptor/Grease Trap Ordinance Compliance Status 1. Amend Contract with SHN Consulting Engineers & Geologists, Inc. for Construction Management Services for the Civic Center Roof Renovation in an Amount Not to Exceed $80,000 and Corresponding Budget Amendment M. Approval of Notice of Completion for the Civic Center Roof Renovation Project, Specification No. 09-15 and Corresponding Budget Amendment n. Award Acquisition of Dual-Phase Extraction System for the Corporation Yard to EnviroSupply & Service, Inc., in the Amount of $107,591.81 o. Authorization for the City Manager to Negotiate and Execute a Lease Agreement With Visit Mendocino County and the Arts Council of Mendocino County for a Portion of the Ukiah Railroad Depot Located at 309 East Perkins Street and Approval of Corresponding Budget Amendments for Revenue Collected on the Lease Motion carried by the following roll call vote: AYES: Councilmembers Landis, Baldwin, and Mayor Thomas. NOES: Councilmember Crane. ABSENT: Councilmember Rodin. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Charlie Seltzer, Mendocino County Community Health, requesting an item be added to a future agenda. Mr. Seltzer is requesting the City of Ukiah consider adopting an ordinance to sign on to SB 1159, which allows pharmacies within the local jurisdiction to sell syringes without a prescription. Mendocino County has already signed on to SB 1159. Libby Guthrie, Director of Mendocino County AIDS Viral Hepatitis Network, spoke in support of the adoption of an ordinance for SB 1159. 9. PUBLIC HEARINGS (6:15 PM) a. Conduct Public Hearing: Adoption of Water Service Rate Adjustments for Five-Year Period FY 2010-2014 6:18:57 PM City Manager Chambers and Finance Director Elton presented the item. Recommended Action(s): Adoption of Water Rate adjustments for five-year period FY 2010-2014. Public Hearing Opened 6:19 pm Public speaking in support of the item: Alan Jamison 6:45:36 PM. Public speaking in opposition of the item: Marlene Werra 6:40:43 PM; Tom Simmons 6:41:08 PM; Sonia Anzilotti 6:50:36 PM; Janis Kosleug 6:52:21 PM; John Brady 6:55:55 PM; Armando Cuevas 6:57:32 PM; Mark Oswell 6:58:48 PM; Steve Lahardo 7:00:54 PM; James Freese 7:02:06 PM; Marsha DePriest 7:04:54 PM; Bill Courtney 7:10:43 PM; Carol Rosenberg 7:11:44 PM; Joe Chiles 7:13:55 PM; John Chocholak 7:21:41 PM; Joan Rainville 7:24:02 PM; Betty Hook 7:29:36 PM; John Jensen 7:33:34 PM. Councilmember Rodin left the dais 7:16 pm Councilmember Rodin returned to the dais 7:17 pm Public speaking to the item: Paul Trouette, Fish and Game Commissioner, CC'1/21n 0 Page 2 of 6 Mendocino County 3`d district 7:08:44 PM. Public Hearing Closed 7:33 pm city Council requested the CARES program be agendized. 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. Recessed 8:13 pm Reconvened 8:24 pm b. Conduct Public Hearing: Adoption of Sewer (Wastewater) Service Rate Adjustments for Five-Year Period FY 2010-2014 8:24:48 PM City Manager Chambers and Finance Director Elton presented the item. Recommended Action(s): Adoption of Wastewater Rate adjustments for 5-year period FY 2010-2014. Public Hearing Opened 8:25 pm Public speaking to the item: Carol Rosenberg 8:42:08 PM. Public Hearing Closed 8:48 pm MIS Baldwin/Rodin 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. Q. Conduct Public Hearing: Consideration and Action on an Appeal Filed by Councilmember Baldwin of the Planning Commission's Conditional Approval of the Pacific Outfitter's Mural Permit 8:49:48 PM Director of Planning and Community Development Stump and Senior Planner Jordan presented the item. Recommended Action(s): 1) Conduct a public hearing and 2) Support the Planning Commission's unanimous (4-0) approval of Pacific Outfitter's Mural Permit by denying the appeal. Public Hearing Opened 9:11 pm Public speaking in support of the item: Carol Rosenberg 9:12:06 PM; Brad Smith 9:13:00 PM; Korla Bushbacher 9:21:07 PM; Laura Fog 9:24:22 PM; John McCowen, former City of Ukiah Planning Commission member 9:26:27 PM; Ann Kelly, founding curator of the Hudson Museum 9:28:12 PM; Scott Ostrom 9:30:12 PM; Chris Ostrom 9:33:35 PM; Paul Trouette, Fish and Game Commissioner, Mendocino County 3` district, - requested to go on record, "If we are going to equate homicide with hunters we need to equate homicide with beef producers and on and on down the list." 9:37:10 PM Public Hearing Closed 9:39 pm 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. cc jmno Page 3 of 6 10. UNFINISHED BUSINESS a. Report to Council on Status of Annexation of the Brush Street Triangle 9:47:46 PM Continued to August 4, 2010. b. Consider Award of Contract for Remediation System Installation - Ukiah Corporation Yard, Specification No. 10-06 Director of Public Works/City Engineer Eriksen presented the item. Recommended Action(s): City Council decide (1) whether to accept the bid from Lee Howard Construction in the amount of $105,636.90 and award the contract for Remediation System Installation - Ukiah Corporation Yard Specification No.10-06 with authorization of $10,563.69 for potential change orders and make findings to justify waiving the bid irregularities; (2) reject the Howard bid and award the bid to ICS Nor Cal of Oakland with a bid of $111,525.08 and award the contract for Remediation System Installation - Ukiah Corporation Yard Specification No.10-06 with authorization of $11,152.51 for potential change orders, or (3) reject all bids and direct staff to rebid the project. M/S Crane/Baldwin to approve the Recommended Action number 1. Public Comment Opened 10:02 pm Public Speaking to the item: Lee Howard, Lee Howard Construction Inc.; Goody Seif, owner of ICS NorCal 10:08:41 PM; and John McCowen 10:10:52 PM. Public Comment Closed 10:15 pm Motion failed by the following roll call vote: AYES: Councilmembers Crane and Baldwin. NOES: Councilmembers Landis and Rodin and Mayor Thomas. ABSENT: None. ABSTAIN: None. M/S Crane/Rodin to approve Recommended Action number 3, reject all bids and direct staff to rebid the project. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. C. Discuss the Ukiah Municipal Pools Project and Provide Direction to Staff on the Scope of Work for the Renovation Plan 10:23:34 PM Community Services Supervisor Merz, Project and Grant Administrator Mills, and Assistant City Manager Sangiacomo presented the item. Don Alameda, Alameda Architecture, was available to answer questions. Recommended Action(s): Provide staff with direction on the scope of work for the Ukiah pools renovation plan. Public Comment Opened 10:44 pm Public Speaking to the item: Pinky Kushner and Ross Mayfield 10:50:21 PM. Public Comment Closed 11:00 pm CC 721/10 Page 4 of 6 M/S Rodin/Landis to approve the renovation of the small pool which is option two of the staff report. 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 a. Adoption of Resolution Creating Rules for and Establishing a Building Code Board of Appeals 11:02:18 PM Director of Planning and Community Development Stump and Building Official Willoughby presented the item. Recommended Action(s): 1) Adopt the Resolution approving the Rules for and the establishment of the building code board of appeals. M/S Crane/Rodin 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. b. Award Professional Services Agreement to SHN Consulting Engineers & Geologists, Inc. for Engineering and Technical Services for the Fish Hatchery Road Repair Project, Specification No. 08-14 11:03:17 PM Director of Public Works/City Engineer Eriksen presented the item. Recommended Action(s): Award professional services agreement to SHN Consulting Engineers & Geologists, Inc. for engineering and technical services for the Fish Hatchery Road Repair Project, Specification No. 08-14. M/S Landis/Rodin 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. Councilmember Crane left the daisl 1:08 pm c. Approve Plans and Specifications No. 10-13 for Gobbi Street Riverside Park Grading Project 11:08:58 PM Councilmember Crane returned to the dais 11:11 pm Community Services Supervisor Merz presented the item. Recommended Action(s): Approve plans and specifications no. 10-13 for Gobbi Street Riverside Park Grading Project. M/S Rodin/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. 12. COUNCIL REPORTS Councilmember Baldwin and Landis will be attending the Russian River Flood Control's survey/tour of the Coyote Dam. Councilmembers Crane and Rodin met with the County Supervisors McCowen and Smith, two members of the tax sharing committee, regarding a possible Mendocino County ballot measure to impose a half cent sales tax county wide which will include the cc 'P/21n 0 Page 5 of 6 cities. This is a possible future meeting item. 11:14:22 PM 11:18:55 PM Mayor Thomas reported on his attendance to a July 21, 2010, Library Advisory Board meeting and reports the library system is in jeopardy because of budget cuts and the city should be aware of this issue. Councilmember Rodin reported that the Public Advisory Committee will be touring potential courthouse sites August 9, 2010. 11:19:58 PM 13. CITY MANAGERICITY CLERK REPORTS 14. CLOSED SESSION - Closed Session may be held at any time during the meeting a. Conference with Legal Counsel - Anticipated Litigation Government Code Section 54956.9(b)(1) - Significant exposure to litigation (1 case) Not heard b. Conference with Real Property Negotiators (§54956.8) Property: APN 180-080-57, 58, 59, 62, 63, 64, 65, 66, 67, and 180-110-08, 09, 10 Negotiator: Jane Chambers, City Manager Negotiating Parties: Ukiah Redevelopment Agency and Northwest Atlantic (Costco) Under Negotiation: Price & Terms Not heard 15. ADJOURNMENT There being no further business, the meeting adjourned at 11:20 pm. Anne M. Currie, City Clerk CC$/2v1o Page 6 of 6