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Home My WebLink About2011-05-04 CC MinutesCITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 5/4/2011 1. ROLL CALL Ukiah City Council met at a Regular Meeting on May 4, 2011, the notice for which being legally noticed on April 29, 2011. Mayor Rodin called the meeting to order at 6:04 pm. Roll was taken with the following Councilmembers present: Landis, Thomas, Crane, Baldwin, and Mayor Rodin. Councilmembers absent: None. Staff Present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport, City Clerk Currie, Director of Finance Elton, Director of Electric Utility Grandi, Director of Public Works and City Engineer Eriksen, Community Development Stump, Building Official Willoughby, and Senior Civil Engineer Kageyama. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Presentation of Munis Financial Software by Tyler Technologies Finance Director Elton presented the item. John Roe, Tyler Technologies, provided a PowerPoint presentation. 4. PETITIONS AND COMMUNICATIONS 6. APPROVAL OF MINUTES a. Regular Council Meeting of 10/16/10 M/S Landis/Thomas to approve minutes of Regular Council Meeting of 10/16/10, as submitted. Motion carried by all AYE voice vote. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Report To Council Of The Expenditure Of $6,625.05 To HD Supply, Portland For The Purchase Of 500 KCM And 350 KCM Conductor For Stock For The Electric Utility Department b. ApPFGva' Of Settlement AgFeements With DFM Car , MOVED to New Business 11.d c. Adopt Resolution Authorizing The Application And Acceptance Of A Grant From The Water Recycling Facilities Planning Grant Program In The Maximum Amount Of $75,000 And Rescind Resolution 2010-41 Page 1 of 7 5/4/2011 City Manager Chambers requested 7b be removed; it will become 13d. M/S Baldwin/Landis to Approve items 7a and 7c. Motion carried by the following roll call votes: AYES: Landis, Thomas, Crane, Baldwin, Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 9. COUNCIL REPORTS Councilmember Thomas reported he and Mayor Rodin attended the Eel River tour offered by the Farm Bureau. The Ukiah Haiku festival was May 1 and had over 13,000 entries. The Library Advisory Board intends to put a county sales tax measure on the ballot for 1/8 percent to preserve the library; Thomas intends to ask the City Council to endorse the measure at a future meeting. Councilmember Landis reported on her continued work with the broad, grassroots woody biomass group that held a presentation on the use of biochar April 25. Councilmembers Landis and Baldwin went on tour of a collection system repair with the Ukiah Valley Sanitation District (UVSD) ad hoc committee and afterward the ad hoc committees continued to work on the participation agreement. Landis announced the Two Mile Challenge, kicking off with a bike fashion show, to promote riding bikes is scheduled for Friday night at 7 pm. Councilmember Baldwin reported on the courteous, efficient city staff during the collection system repair tour and progress is being made on the participation agreement, and draft revisions of the agreement will be agendized soon. Mayor Rodin reported the Local Agency Formation Commission (LAFCO) approved the MOU between LAFCO and the City of Ukiah regarding a potential MSR. Rodin reported Heidi Dickerson, Congressman Thompson's representative, sent correspondence regarding the USPS recapping the process timeline; it will be two or three months for a final decision. The State Office of Historic Preservation sent a letter to the USPS stating the nomination of the Ukiah Downtown Post Office qualifies it for inclusion in the National Register of Historic Places. 10. CITY MANAGER/CITY CLERK REPORTS City Clerk Currie announced applications are available for various City of Ukiah boards, committees, and commissions. Applications are available online and by contacting the City Clerk. Appointments are made in June. 11. PUBLIC HEARINGS (6:15 PM) a. Conduct A Public Hearing In Accordance With California Redevelopment Law For The Use Of Ukiah Unified School District's School Capital Outlay Funds From The Ukiah Redevelopment Agency For The Construction Of The Administration And Education Resources Office Project; And Consider Corresponding Resolution Authorizing The Release Of Up To $4 Million To The District For The Project. Page 2 of 7 5/4/2011 Assistant City Manager Sangiacomo presented the item. Recommended Action(s): 1, Conduct a Public Hearing to consider Ukiah Unified School District's request for the release of funds from the District's School Capital Outlay Fund (and other Agency funds reserved by agreement for the benefit of the District) for the construction of the Administration and Education Resources Office Project and 2. If appropriate, approve the corresponding resolution making the necessary finding for the use of funds in accordance with California Redevelopment Law. M/S Crane/Landis to approve City Council Recommended Actions 1 and 2. Motion amended to include, two changes to Exhibit A of the Resolution. 1. B.i. second sentence to be "The annual tax increment owed to the School District through the Redevelopment Agency that has currently accrued, the 2010 fiscal year apportionment due June 2011 and its future apportions up to the maximum funding request for the District Administration project." and 2. C.2.i. (3) The providing of opportunities for participation by the School District which is within the Ukiah Project Area in the revitalization of their property. Public Hearing Open 6:47 pm Public Speaking to the item: Roger Schwartz, resident, expressed concern for the district's financial ability to complete the project, leaving the old location seems to be creating blight, and suggests using the money on existing projects for the students instead. Don Alameida, architect for the project, supports the item. Jim Rathe, teacher with Ukiah Unified, questions the reasoning for expansion of district office when district is downsizing. Buck Ganter, board trustee, supports the item. Public Hearing Closed 7:04 pm Motion carried by the following roll call votes: AYES: Councilmembers Landis, Thomas, Crane, and Mayor Rodin. NOES: Councilmember Baldwin. ABSENT: None. ABSTAIN: None. 12. UNFINISHED BUSINESS a. Receive Status Report From The Paths, Open Space And Creeks Commission (POSC), And Provide Any Direction Director of Planning and Community Development Stump presented the item. Recommended Action(s): Receive report and provide any direction to the POSC. Bob Neal, chairman of POSC, briefly reviewed the staff report and inquired as to what direction the City Council would like the Commission to take. The Commission believes it can assist with grant writing and will report to Council as needed. Councilmember Crane suggested working on restoring Gibson Creek and creating guidelines for creek restoration. Councilmember Thomas suggested involvement with the schools and make the City's trails part of the curriculum. Thomas also suggested a facilitation of a true integration of areas of endeavor community groups such as Friends of Gibson Creek and the Audubon Society have. Page 3 of 7 5/4/2011 Councilmember Baldwin agreed with restoring Gibson Creek and working with the schools to educate the students. Other ideas of future activities are to review redesign of the Riverside Park plans before it comes to Council and signage of City View Trails. Councilmember Landis suggested taking a coordinating role in incorporating youth in the development of Riverside Park and participate in the Wagensellar Neighborhood's efforts in bike and pedestrian path and where connection of trails and paths are possible, "connectivity." Mayor Rodin agrees with fellow Councilmembers. b. Status Report On Equipment In Well/Pump House #7 And #8 (Verbal Report) Director of Public Works and City Engineer Eriksen provided a verbal report regarding Well 7 and Well 8. Well #7 was installed last year and was working until the spring when the motor failed. The motor from Well 8 was installed on Well 7 and then it started to fail so it was reinstalled on 8. The designer was contacted and a concern exists regarding harmonics between the motor and the VFD (variable frequency drive), which is a cost saver. This interference could be chipping the bearings. The motor was refurbished and the bearings are being examined to determine if the issue is mechanical or electrical. The results will be reported. Well 8 pump is broken. The installer is fixing at the installer's expense. City Council received the report. C. Consideration Of And Direction To Staff For Proposed Letters Of Intent (LOI) Regarding Comprehensive Efficiency And Conservation Measures Program With Honeywell International Related To Four Capital Project Components: (1) Replacement Of Water Meters, Installation Of Leak Detection Equipment; (2) Energy Saving Retrofits And Refurbishment To Conference Center; (3) Biogas Cogeneration At Waste Water Treatment Plant; (4) Ukiah Municipal Golf Course Irrigation Improvements, Renovation And Driving Range Creation City Manager Chambers presented the item. Recommended Action(s): Consideration Of and Direction to Staff For Proposed Letters of Intent Regarding Comprehensive Efficiency and Conservation Measures Program with Honeywell International Related to Four Capital Project Components: (1) Replacement of Water Meters, Installation of Leak Detection Equipment; (2) Energy Saving Retrofits and Refurbishment to Conference Center; (3) Biogas Cogeneration at Waste Water Treatment Plant; (4) Ukiah Municipal Golf Course Irrigation Improvements, Renovation and Driving Range Creation for consent agenda item May 18, 2011, after further review and comment by the City Attorney and City staff. Robert Falco, Kathy Richards, and Mary Ward, Honeywell, answered Council's questions. f Page 4 of 7 5/4/2011 City Attorney Rapport to review the LOI and the item will be on the May 18 meeting Consent Calendar. 13. NEW BUSINESS a. Introduction Of Ordinance Amending A Portion Of Division 3, Chapter 1 Of The Ukiah City Code Pertaining To The Adoption Of Appendix G In The 2010 California Building Code And Repealing Existing Flood Plain Management Regulations Contained In Division 9, Chapter 6 Of The City Code Building Official Willoughby and Senior Civil Engineer Kageyama presented the item. Recommended Action: Introduce ordinance. M/S Crane/Landis to approve introduction by title only. Motion carried by the following roll call votes: AYES: Councilmembers Landis, Thomas, Crane, Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None. City Clerk Currie read the ordinance by title only. M/S Crane/Thomas to approve introduction of ordinance. Motion carried by the following roll call votes: AYES: Councilmembers Landis, Thomas, Crane, Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None. b. Approve Resolution And Authorize The City Manager To Execute All Of The Necessary Agreements Associated With The Lodi Energy Center Natural Gas Purchase Program. (EUD) Electric Utility Director Grandi presented the item. Recommended Action(s): Approve resolution and authorize the City Manager to execute all of the necessary agreements associated with the Lodi Energy Center Natural Gas Purchase Program. Councilmember Thomas left Dais at 8:50 pm; returned 8:51 pm. M/S Crane/Landis to approve Recommended Actions. Motion carried by the following roll call votes: AYES: Councilmembers Landis, Thomas, Crane, Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None. Mayor Rodin left the Dias. Vice Mayor Landis presided over the meeting. C. Approval To Purchase Utility Easement From North Coast Railroad Authority (NCRA); And Authorization For The City Manager To Negotiate And Execute Agreement To Purchase A Utility Easement From NCRA And All Corresponding Paperwork; And Approval Of The Corresponding Budget Amendment (EUD) Closed Session item. d. Approval Of Settlement Agreements With DFM Car Stereo, Inc. And McCarty Auto Body And Authorization Of City Manager To Sign Agreements Was Item 7b. Page 5 of 7 5/4/2011 Electric Utility Director Grandi stated all parties are satisfied. The item was pulled from Consent Calendar to include an updated ASR with the fiscal impact included. Mayor Rodin returned to the Dias. M/S Baldwin/Thomas to approve Recommended Actions. Motion carried by the following roll call votes: AYES: Councilmembers Landis, Thomas, Crane, Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None. Adjourned to closed session and convene as the Ukiah Redevelopment Agency at 8: 55 pm. 14. CLOSED SESSION - Closed Session may be held at anv time durina the meetin b. Conference with Labor Negotiator 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Police, Fire, Electric, Miscellaneous, Management, and Department Head Units Councilmember Thomas left the meeting at 11:13 pm e. Conference with Real Property Negotiators 54956.8) Property: Parcel located between Waugh Lane and Perkins Street Negotiator: Jane Chambers, City Manager Negotiating Properties: City of Ukiah and NCRA Under Negotiation: Price & Terms of Payment Reconvened in open session 11:28 pm M/S Crane/Landis to approve Authorization of the Electric Utility Director Grandi to submit letter as the City's proposal to acquire an easement on the Rail Road property and approve the recommended budget amendment. Motion carried by the following roll call votes: AYES: Councilmembers Landis, Crane, Baldwin, and Mayor Rodin. NOES: None. ABSENT: Councilmember Thomas. ABSTAIN: None. Councilmember Baldwin left the meeting at 11:29 pm Adjourned back to closed session 11:40 pm a. Conference with Legal Counsel -Existing Litigation Government Code Section 54956.9 Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, SCUK1057183 C. Conference With Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1) and (3)(B) - over and under payments for City furnished utility service. (2 cases.) d. Conference with Real Property Negotiators 54956.8) Property: 3495 Taylor Drive Page 6 of 7 5/4/2011 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and David Koball and Amy Smith Under Negotiation: Price & Terms Reconvened in Open Session at 12 am with no reportable action on Items 14a-14d. 15. ADJOURNMENT There being no further business, the meeting adjourned at 12 am. 1\ r; ~oAnne M. Currie, City Clerk Page 7 of 7 5/4/2011