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Home My WebLink About2010-10-06 CC MinutesCITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 96482 October 6, 2010 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on October 6, 2010, the notice for which being legally noticed on October 1, 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, Director of Public Works and City Engineer Eriksen, and City Clerk Currie. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Wastewater Treatment Plant Employees Acknowledgement Director of Public Works/City Engineer Eriksen presented the item and introduced Randy Barton, JoAnn Walts, Joan Kelly, Ken Judd, Steve Stump, Allen Hodge, Gary Smith, and Andy Luke. 4. PETITIONS AND COMMUNICATIONS a. Storm Drain Art by Dennis Slota Dennis Slota, on behalf of the Mendocino County Storm Water Management Plan. He announced the storm drain art project which highlights the"critters at risk from storm drain pollution. Mr. Slota requested City Council consider this project and enter into a storm drain art maintenance agreement. This item will be added to a future agenda. 5. APPROVAL OF MINUTES 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Report to Council of the Change in Vendors From General Pacific, Inc. to the Okonite Company for the Purchase of 4500 Feet of #2 STR Aluminum Conductor in the Amount of $9,219.83 for Inventory Stock for the Electric Utility Department (EUD) b. Report of Disposition of Surplus Materials, Used Equipment, and Supplies C. Report to City Council Regarding the Purchase of Pulsar Plus Chlorine Briquettes From Lincoln Equipment Co, Inc. for the Ukiah Municipal Swimming Pools in the Amount of $5,002.50 Page 1 10/6/2010 d. Approve Amended Technical Service Support Agreement with Physio-Control e. Award Professional Services Contract to Ann Baker Landscape Architecture in an Amount Not to Exceed $17,300 for Consulting Services Related to the Completion of Observatory Park Funded by the Land and Water Conservation Fund f. Report of Acquisition of Professional Consulting Services for Solid Waste Rates and Transfer Station Fee Adjustment and Approve Associated Budget Amendment g. Update Report on Local Emergency Declaration Regarding Drought and Water Shortage Status h. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well i l~nrfirm /nr+irii~nne of Gety G9 1nnil Ad I"Inn Committee 11U mhers Crane and Ralrl1uir~ Fnr nieni ~ecinnc. wi+h I ILieh Valley C ani+e+inn nie+rin+ /I IVCn\ -11 MOVED to New Business 11.b j. Adoption of Resolution Approving Contract to Share Proceeds of County Imposed Transaction and Use Tax and Authorizing City Manager to Sign Agreement Councilmember Baldwin requested item 7i be pulled; it will become item 11 b. M/S Rodin/Baldwin to approve items 7a-7h and 7j. Motion carried by the following roll call votes: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 9. PUBLIC HEARINGS (6:16 PM) 10. UNFINISHED BUSINESS a. Discussion and Possible Introduction of Mobile Home Rent Stabilization Ordinance City Manager Chambers presented the item and directed attention to communications to the City Council that arrived today in opposition to the item. Recommended Action(s): Vote to introduce ordinance by title only, have city clerk read the title, and introduce the ordinance. Recessed 6:24 pm Reconvened 6:29 pm Public Comment Opened 6:44 pm Public speaking in support: Jay Twig, Rancho del Rey resident; Jon Burton; JR Rose; Gina Scott, Manor Oaks; Albert McQuiry, Rancho del Rey resident; David Vilner; Bart Clark, Manor Oaks residence; Public speaking in opposition of the item: Doug Johnson, WMA Western Manufactures Association. Public Comment Closed 7:12 pm Page 2 10/6/2010 M/S Baldwin/none to approve introduction of ordinance by title only. Motion Failed due to lack of a second. M/S Baldwin/none to approve introduction of ordinance by title only. Motion Failed due to lack of a second. M/S Baldwin/none to approve introduction of ordinance by title only. Motion Failed due to lack of a second. M/S Baldwin/None to approve introduction of ordinance by title only with a mandatory review in one year. Motion Failed due to lack of a second. M/S Rodin/Baldwin to approve introduction of the ordinance by title only with three changes to the ordinance, 1) remove "equal to the lesser" on page 8, 27048, 2) remove "or the average of the three highest space rents in the park then in effect. This in-place rent increase may be implemented for a maximum of three in-place transfers of the mobilehome in that space." in 3704B, and 3) a mandatory review in one year. Motion carried by the following roll call votes: AYES: Councilmembers Landis, Rodin, Baldwin, and Mayor Thomas. NOES: Councilmember Crane. ABSENT: None. ABSTAIN: None. M/S Baldwin/Landis to approve introduction of ordinance. Motion carried by the following roll call votes: AYES: Councilmembers Landis, Rodin, Baldwin, and Mayor Thomas. NOES: Councilmember Crane. ABSENT: None. ABSTAIN: None. Recessed at 8:08 pm Reconvened at 8:17 pm b. Discussion and Possible Direction of the Function and Future of the Orr Creek Bridge Director of Public Works/City Engineer Eriksen presented the item. Recommended Action(s): Discuss and give direction to staff on the future use and function of the Orr Street Bridge. Pubic Comment Opened 8:25 pm Public Speaking in support of the item: Diane Zucker presented a power point by Alan Nicholson; Susan Sure; Judy Pruden; Neil Davis, president of trail group; Porter Digner; Jamie Connerton, member of the POSC and citizen, POSC has heard this item and their position is both pedestrian and bike keeps with the community's and city's vision; Bruce Alfono, CEO RCHDC Housing, the area is going to be redesigned; Susan Knopf; Linda Sanders, Friend of Gibson Creek; Sue B.; Connie Diamond; Mary Misseldine; and Jennifer Smart, organizes the First Friday Community Bike Ride for Walk and Bike Mendocino. Public Speaking not in support of the item: Jack Cox. Public Comment Closed 9:10 pm Councilmember Rodin left Dais at 9:24 pm Councilmember Rodin returned to Dais at 9:25 pm Page 3 10/6/2010 By consensus, City Council directed staff to move forward with the Wagenseller's community concepts and produce a cost estimate with pros and cons of making i the bridge a pedestrian and bike bridge while retaining its capacity for future use. C. Consideration of Approval of a Resolution Encouraging the Marine Life Protection Act Initiative Blue Ribbon Task Force and California Fish and Game Commission to Support and Adopt the Regional Stakeholder Group Marine Protected Area (MPA) Array Proposal (Unified MPA Array); and Possible Appointments of Two Agency Representatives City Manager Chambers presented the item. Recommended Action(s): Staff recommends adoption of the Resolution which encourages the Marine Life Protection Act Initiative Blue Ribbon Task Force and California Fish and Game Commission to support and adopt the Unified Marine Protected Area Array Proposal that was developed by the Regional Stakeholder Group during round three of the North Coast Marine Life Protection Act Initiative process; and possible appointments of two Agency Representatives. James Martin was available to answer questions and addressed City Council. Mayor Thomas left Dias at 9:45 pm; Vice Mayor Rodin assumed the gavel. Mayor Thomas returned 9:49 pm M/S Rodin/Landis to approve signing the resolution. Motion carried by the following roll call votes: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. Adjourned to Ukiah Redevelopment Agency at 9:55 pm Reconvened as City Council 10:22 pm 11. NEW BUSINESS a. Consideration and Possible Introduction of An Ordinance of the City Council of the City of Ukiah Amending Section 1965 and Adding Section 2000.3 to Chapter 12 (Parks and Recreation Facilities) of Division 1 (Government) of the Ukiah City Code Assistant City Manager Sangiacomo presented the item. Recommended Action(s): Introduce the ordinance by title only, direct the City Clerk to read the title, and pass a motion to introduce the ordinance. M/S Landis/Rodin to approve introducing the ordinance by title only. Motion carried by the following roll call votes: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. City Clerk Read the title of the Ordinance. Page 4 10/6/2010 M/S Landis/Rodin to approve introducing the ordinance. Motion carried by the following roll call votes: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. b. Confirm Continuance of City Council Ad Hoc Committee Members Crane and Baldwin for Discussions with Ukiah Valley Sanitation District (UVSD) (was item 7i) City Manager Chambers presented the item. Recommend Action(s): Confirm continuance of City Council Ad Hoc Committee Members Crane and Baldwin for Discussions with UVSD. M/S Landis/Crane to approve Recommended Action. Motion carried by the following roll call votes: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. 12. COUNCIL REPORTS Councilmember Landis reported that Councilmember Rodin and she are part of a committee working on the revised business plan based on the CALED report for EDFC. Councilmember Crane left the Dias 10:43 pm Councilmember Crane returned 10:45 pm 13. CITY MANAGER/CITY CLERK REPORTS City Manager Chambers reported UVSD requested changing the date of the quarterly meeting scheduled for October 14 to November 4 or 18. The consultant (Mr. Smith) is facilitating with agenda preparation. City Manager Chambers reported staff was asked to report specifically on the wastewater state fines City Council recently approved to pay. Director Eriksen is questioning two of the items. The state recommended the City defer payment until the items are clarified. Therefore, the City Manager selected option 2 and held the check as suggested by the state. Adjourned to closed session 10:46 pm. 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) 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 C. Conference with Labor Negotiator 54957.6) Page 5 10/6/2010 Agency Representative: Jane Chambers, City Manager Employee Organizations: Miscellaneous Unit and Management Unit d. Conference with Real Property Negotiators (§54956.8) Property: APN 002-232-12, 13 and 002-282-18 and 19 APN 002-232-09, 10, 11 Negotiator: Jane Chambers, Executive Director Negotiating Parties: Ukiah Redevelopment Agency, City of Ukiah, North Coast Railroad Authority, Weston Solutions Inc, and Administrative Office of the Courts Under Negotiation: Price and Terms Not Heard e. Conference with Real Property Negotiators (§54956.8) Property: APN 002-192-01, 02, 03, 11, 14 and 18 Negotiator: Jane Chambers, Executive Director Negotiating Parties: Ukiah Redevelopment Agency, City of Ukiah, and Administrative Office of the Courts Under Negotiation: Price and Terms Not Heard Reconvened in Open Session at 11:10 pm with no reportable action. 15. ADJOURNMENT There being no further business, the meeting adjourned at 11:10 pm. JoAnne M. Currie, City Clerk Page 6 10/6/2010