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HomeMy WebLinkAbout2011-07-06 CC MinutesCITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 7/6/2011 1. ROLL CALL Ukiah City Council. met at a Regular Meeting on July 6, 2011, the notice for which being legally noticed on July 1, 2011. Mayor Rodin called the meeting to order at 6:00 pm. Roll was taken with the following Councilmembers present: Landis, Thomas, Crane, and Mayor Rodin. Councilmembers absent: Baldwin. Staff Present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport, City Clerk Currie, Director of Human Resources Harris, Community Services Administrator Marsolan, Director of Electric Utility Grandi, and Community Development Stump. Mayor Rodin brought forth an Urgency Item, Approval of a letter of support to the California Department of Public Health's grant application in response to the Public Prevention Health Fund: Community Transformation Gras (CDC-RFA-DP11-1103PPHF11) funding opportunity announcement, to the City Council for consideration to be added to the agenda. MIS Crane/Thomas finding that an emergency situation exists that arose after the preparation and posting of the agenda and to add to the agenda the Urgency Item which will become 13.c. Motion carried by an all AYE voice vote. Councilmember Baldwin Absent. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Special Council Meeting of 6129/11 M/S Thomas/Landis to approve minutes of Special Council Meeting of 6/29/11, as submitted. Motion carried by all AYE voice vote. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Award The Purchase Of Chlorine Products Two Sierra Chemical Company. b. Approval Of Amendment To Ag;eemenr-I oress n°I Cons lting ser„~s GentFaGt To Ruff & Ass9Giates, IRG. In -The A.Mg-iUnt Of $9,472.00 For Anton MOVED to New Business 13.d. C. Notification Of Renewal Of ManageEngine Network Management Suite For Page 1 of 6 7/6/2011 $7725.00 d. Award Purchase Of 6 Pole Mount And 3 Pad Mount Transformers In The Amount Of $34,992.20. e. Approve Increase To Purchase Order For The Purchase Of Flatbed & Utility Rack To Cooks Truck Body Manufacturing, Inc. Of Roseville, CA, From $10,013.13 + 10% To A Total Of $11,242.01. (EUD) f. Report The Acquisition Of Services From Source California In The Amount Of $9,200, And Authorization To Amend The Agreement In The Amount Of $4,300, For A Total Contract Amount Of $13,500.00 (EUD) g. Award Purchase Of Miscellaneous Electric Utility Parts In The Total Amount Of $20,664.12. (EUD) h. Authorize City Manager To Negotiate And Execute Lease Agreement With Ukiah Unified School District For The Use Of Observatory Park House i. Notification To City Council Of The Acquisition Of Professional Services From LACO Associates For An Environmental Assessment Of 3495 Taylor Drive In The Amount Of $7,400. j. Notification To City Council Of The Acquisition Of Professional Services From Rau & Associates For Services Related To An Alta Survey At 3495 Taylor Drive In The Amount Of $8,300, And Authorization To Amend The Existing Agreement In The Amount Of $6,474, For A Total Contract Amount Of $14,774. k. Authorize City Manager To Execute Contract For Concerts In The Park And Corresponding Purchase 1. Update on Northwestern Pacific Rail Trail Phase I Project Councilmember Crane requested 7b be removed, will become 13.d. M/S Landis/Thomas to Approve Consent calendar items 7a and 7c-71. Motion carried by the following roll call votes: AYES: Landis, Thomas, Crane, and Mayor Rodin. NOES: None. ABSENT: Baldwin. ABSTAIN: None 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 9. COUNCIL REPORTS - Councilmember Landis reported on attending-a four -day,Business-Alliance -for Local Living Economies conference in Bellingham, Washington. The conference focused on creating local, sustainable business in small towns. Landis also attended the preconference, Accelerating Community Capital Conference in, June 14, 2011. An effort is underway to bring some of the speakers to Ukiah. 10. CITY MANAGER/CITY CLERK REPORTS Assistant City Manager Sangiacomo announced a $500,000 grant award funded by HCD from the Community Economic Enterprise Fund side of CDBG for the City's ReBild program, Revitalizing Business Investment and Lending Development program. Craig Schlatter, Community Development Commission (CDC), stated the focus of the grant is to work with local lenders to stretch available dollars to businesses. 11. PUBLIC HEARINGS (6:15 PM) a. Adoption Of Resolution Approving A Negative Declaration And Amending The Ukiah General Plan By Approving The 2009-2014 General Plan Housing Element Update. Page 2 of 6 7/6/2011 Director of Planning and Community Development Stump presented the item. Recommended Action(s): Conduct a public hearing and adopt the resolution approving the Negative Declaration, amending the General Plan and approving the 2009-2014 General Plan Housing Element Update. Public Hearing Opened 6:22 pm Public Hearing Closed 6:23 pm M/S Landis/Thomas to approve Recommended Action. Motion carried by the following roll call votes: AYES: Landis, Thomas, Crane, and Mayor Rodin. NOES: None. ABSENT: Baldwin. ABSTAIN: None b. Public Hearing To Consider Adoption Of Resolution Amending User Fee Schedule For Community Services Department Fee Items Including Golf, Parks, Facilities, Grace Hudson Museum, Municipal Pools, Sports Fields, Recreation Programs And Services. Community Services Administrator Marsolan presented the item. Recommended Action(s): Adopt resolution amending the user fee schedule for Community Service Department fee items including golf, parks, facilities, Grace Hudson Museum, municipal pools, sports fields, recreation programs, and services. Open the Public Hearing 6:32 pm Closed the Public Hearing 6:33 pm Continued. 12. UNFINISHED BUSINESS a. Letter Appealing Decision to Close Downtown Post Office City Attorney Rapport presented the item and two corrections. The post office was built-in-1937-not 1-936-and-one-mural-exists.-Recommended-Action(s): consider attached letter for approval or modification. Public comment opened 6:40 pm Public speaking to the item: Pinky Kushner Public comment closed 6:43 pm M/S Crane/Landis to approve the Mayor to sign a letter appealing the decision to close the Downtown Post Office with the corrections. Motion carried by the following roll call votes: AYES: Landis, Thomas, Crane, and Mayor Rodin. NOES: None. ABSENT: Baldwin. ABSTAIN: None. b. Follow-Up Meeting On Strategy For Maximizing Benefit Of City Water Rights And Possible Action On Recommendations From Consultant And Staff Page 3 of 6 7/6/2011 City Attorney Rapport presented the item. Recommended Action(s): Authorize staff to pursue water transfer agreements with Flood Control District and other water districts; provide additional direction on strategies proposed at meeting. Bob Wagner and Emily MacDonald provided a presentation describing hydrology and the City's water rights, identifying actions required to perfect beneficial use, and providing recommendations regarding future water resource management decisions. The options include perfect beneficial use (pursue sharing agreements of surplus water) and request license on existing use. The recommendations are to continue processing the Petitions before the State Water Resource Control Board and acceleration perfection of full beneficial use by entering into transfer and exchange agreements. Public comment opened 8:24 pm Public speaking to the item: Susan Knopf, Pinky Kushner, and Steve Scalmanini. Public comment closed 8:37 pm MIS Crane/Landis to approve the recommendation to peruse the applications currently on file and the in progress EIR and authorize staff to pursue water transfer agreements with Flood Control District and other water districts. Motion carried by the following roll call votes: AYES: Landis, Thomas, Crane, and Mayor Rodin. NOES: None. ABSENT: Baldwin. ABSTAIN: None Recessed 8:40 pm Reconvened 8:46 pm c. Approval Of Renewable Energy Certificates Transfer Agreement (EUD) Electric Utility Director Grandi presented the item. Recommended Action(s): City staff recommends the city council delegate authority to City Manager to execute the renewable energy certificates transfer agreement to allow city to request NCPA to transfer City's share of RECs attributable to its Project Entitlement Percentage of NCPA project generation and Western Base Resource hydroelectric generation held by NCPA to City. MIS Crane/Thomas to approve Recommended Action. Motion carried by the following roll call votes: AYES: Landis, Thomas, Crane, and Mayor Rodin. NOES: None. ABSENT: Baldwin. ABSTAIN: None. 13. NEW BUSINESS a. Award Of Contract For Riverside Park Phase One Trail And Revegetation Project Specification No. 11-09 And Any Necessary Budget Amendments. Community Services Administrator Marsolan presented the item. Recommended Action(s): Waive irregularity of bid submittal from Siri Grading and Paving and award the construction contract for Riverside Park Phase One Specification No. 11- 09 in the amount $559,945.50 and authorize budget amendment for $52,600 for fiscal year 2011-2012, from funds previously budgeted for FY 2010-2011. Page 4 of 6 7/6/2011 M/S Crane/Landis to approve Recommended Actions. Motion carried by the following roll call votes: AYES: Landis, Thomas, Crane, and Mayor Rodin. NOES: None. ABSENT: Baldwin. ABSTAIN: None. Adjourned to closed session 8:56 pm 14. CLOSED SESSION - Closed Session may be held at any time during the meeting a. Conference with Labor Negotiator 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Police, Fire, Electric, and Miscellaneous Units Reconvened 9:18 pm b. Adoption Of Resolution Approving Memorandum Of Understanding For Employee Bargaining Unit - Miscellaneous Unit Human Resources Director Harris presented the item. Recommended Action(s): Adoption of Resolution approving Memorandum of Understanding for the Employee Miscellaneous Bargaining Unit (Operating Engineers Local No. 3) for the term October 1, 2010-June 30, 2012. M/S Landis/Thomas to approve Recommended Action. Motion carried by the following roll call votes: AYES: Landis, Thomas, and Mayor Rodin. NOES: Crane. ABSENT: Baldwin. ABSTAIN: None. C. Urgency Item Approval of a letter of support to the California Department of Public Health's grant application in response to the Public Prevention Health Fund: Community Transformation Gras (CDC-RFA-DP1 1-1 103PPHF1 1) funding opportunity announcement. Mayor Rodin presented the item. Recommended Action(s): Approve Mayor to sign letter of support. By Consensus, City Council approved letter of support. d. Approval Of Amendment To Agreement For Professional Consulting Services Contract To Ruff & Associates, Inc. In The Amount Of $9,472.00 For Anton Stadium Construction Project. Was Item 7.1b Project & Grant Administrator Mills and Assistant City Manager Sangiacomo presented the item. Recommended Action(s): approve amendment to agreement for professional consulting services contract to Ruff & Associates, Inc. in the amount of $9,472 for Anton Stadium Construction Project. Councilmember Crane for the record expressed his dissatisfaction with the changes in the project and disappointment with how the item came forward on the consent calendar. When City Council approves plans and specifications and substantial changes are deemed by staff to be needed, City Council should be given notice to be able to be involved in the decision process. Councilmember Crane believes the definition of changes were downplayed in the initial ASR speaking only to seating Page 5 of 6 7/6/2011 and now it appears other significant changes in the project are occurring, which is not what City Council approved and Council was not engaged or made aware of substantial changes. Councilmember Crane also expressed concern that although City Staff may consider the City exempt from compliance with the California Building Code as in the reduction of plumbing fixtures for the Women's Restroom, such a change may expose the City to a claim of sexual discrimination. Councilmember Landis for the record stated she does not want to get into the small details of each project that comes to Council. When she is interested in that type of detail, she attends the stakeholder meetings. Councilmember Landis explained that when she has questions regarding staff report contents, she contacts staff and gives them a heads-up about her questions, which she feels allows for addressing concerns more thoroughly at the meeting. The Anton Stadium is a good example of a community project involving volunteers; this project could be used by staff to evaluate what worked and what did not work in the project, and how the City can do things differently to improve the process while staying within budget. Landis does not think there has been intention by staff to manipulate the process. City Attorney Rapport will look into Councilmember Crane's concern over reducing the number of stalls in the women's restroom and exposing the City to discrimination litigation. M/S Crane/Landis to approve Recommended Action. Motion carried by the following roll call votes: AYES: Landis, Thomas, Crane, and Mayor Rodin. NOES: None. ABSENT: Baldwin. ABSTAIN: None 15. ADJOURNMENT There being no further business, the meeting adjourned at 9:51 pm. J Anne M. Currie, City- Clerk Page 6 of 6 7/6/2011