Loading...
HomeMy WebLinkAbout2012-04-04 CC MinutesCITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 4/4/2012 1. ROLL CALL Ukiah City Council met at a Regular Meeting on April 4, 2012, the notice for which being legally noticed on March 29, 2012. Mayor Landis called the meeting to order at 6:00 pm. Roll was taken with the following Councilmembers present: Thomas, Baldwin, Vice Mayor Crane, and Mayor Landis. Councilmembers absent: Rodin by arrangement. Staff Present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport, City Clerk Currie, and Director of Public Works/City Engineer Eriksen. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Meeting of 3121/12 M/S Thomas/Baldwin to approve Regular Meeting minutes of 3/21/12. Motion carried by an all AYE voice vote. ABSENT: Rodin. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Authorize City Manager To Renew Lease Agreement For Office And Warehouse At 185 Mason For Park Operations Facility M/S Baldwin/Thomas to Approve 7a. Motion carried by the following roll call votes: AYES: Thomas, Baldwin, Crane, and Landis. NOES: None. ABSENT: Rodin. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Bertha Channell and Angelina Moreno provided information regarding a fundraiser, an 18 mile walk for suicide prevention in San Francisco. The community can find more information to sponsor them at afsp.org and can keep an eye out around town for fliers. They asked City Council if they might have a table donated at the farmer's market to raise awareness. Mayor Landis directed them to Conference Center Administrator Randall to see what might be possible. I Page 1 of 6 4/4/2012 9. COUNCIL REPORTS Councilmember Thomas sat in for Councilmember Rodin at an MCOG information event regarding traffic and streets accomplishments in Ft. Bragg. When planning meetings take place with a developer, city engineering is involved to anticipate issues that might come up later in the process. Vice Mayor Crane reported on the Oversight Board of the Successor Agency to the Ukiah Redevelopment Agency. The Recognized Obligation Payment Schedule (ROPS) item was continued to April 11 at 4 pm and the Ukiah Valley Conference Center. Vice Mayor Crane further reported the presumed owner of the Palace Hotel has not provided any documentation yet. However, the owner appears serious. Ownership issues are in the hands of the title company. It looks like the ownership is taking the City seriously and attempting to abate. Mayor Landis concurs. Mayor Landis stated that progress on the existing way points will be clarified at the next ad hoc meeting on May 1, with the Palace owner. Mayor Landis reported that through EDFC and Leadership Mendocino a forum is scheduled for Friday, April 27, 9-5. Michael Shuman, author of Local Dollars, Local Sense, is speaking about localizing the funding and therefore the benefits of economic development. 10. CITY MANAGER/CITY CLERK REPORTS 11. PUBLIC HEARINGS (6:15 PM) a. Public Hearing Of The Ukiah City Council To Consider Adoption Of Rent J Stabilization Fees For A 2012 Assessment To City Of Ukiah Mobilehome Parks (Continued from 3/21/12) City Manager Chambers presented the item. Recommended Action(s): Conduct Public Hearing and adopt the proposed resolution and fee. Public Hearing opened 6:15 pm Lauren Hansen, staff attorney for Legal Services of Northern California, addressed City Council on behalf of client living in Manor Oaks. Hansen commended on how the ordinance has worked and has ideas on keeping fees low. It appears all parties are pleased with the ordinance. Improving the process: add language on how to challenge the owner without the help of an attorney through submission of an application/petition. There is some confusion when submitting a petition and when it is deemed complete by the City; inconsistent language in 2703i, it states completion is upon submission but later it states the clerk may return the application if it is not complete. It is unclear when that might happen and what the timeframe is for the person to fix it. Language should be added that clarifies how long the approval processes takes when it is deemed complete. In the section that talks about parties requesting a mediator, how would a person do this? The final comment is regarding the capital replacement pass through; what repairs constitute a pass through? This issue is with the petition form and application do not have a box to check for this to be challenged. There is a dispute on how the costs are amortized; the IRS code allows different types of depreciation. Owners can depreciate a larger portion up Page 2 of 6 4/4/2012 front, which affects what can be passed on to resident. The question is what depreciation schedule should be used? This would keep costs being passed on in one lump sum in first year. She stated she will pass her comments on to the City Clerk or the City Attorney. Judy Hatch, owner of Shady Grove Mobilehome Park, worked with Legal Services of Northern California and is very close to having all tenants in long-term leases. Her issue is with which CPI to use when raising rents; it is ambiguous. Hatch recommends using the August CPI and divide the 6 months by 6. Hatch stated she is very careful when raising rates and does not want to have larger rent increases because of this ordinance. Bruce Ledford, owner of Circle Trailer Park and Modern Mobilehome Park asked questions. Which spaces are subject to rent control? If he owns the mobile on the space, is it subject to rent control? Are RV spaces subject to rent control? RV owners don't have any financial investment, so are they included after 90 days? JR Rose stated California mobilehome residency laws cover what park owners can and cannot pass through to tenants. The ordinance does not force a rent increase. Robert Jones, Manor Oaks, supports the item without delay. City Attorney Rapport responded to Ledford. If the RV rents for more than 9 months then yes the space is subject to rent control. If he rents out the mobile home he owns then no it is not subject to rent control. Mr. Ledford suggests changing the rules on the RVs because it is so easy for them to move out and they have no monetary investment in the park. Lakeport does not include RV in their ordinance. Jessie Martin, Manor Oaks, supports the ordinance and wants to make sure the fee is not added to the base rent. Rapport said it is not part of the base rent and not subject to prop 218. Public Hearing Closed 6:36 pm M/S Crane/Baldwin to approve adoption of the resolution establishing the fee. Motion carried by the following roll call votes: AYES: Thomas, Baldwin, Crane, and Landis. NOES: None. ABSENT: Rodin. ABSTAIN: None. Staff to bring back comments and information on the points brought up at the Public Hearing within 3 months. 12. UNFINISHED BUSINESS a. Resolution Of The City Council Of The City Of Ukiah Determining That Honeywell International, Inc. Has Not Satisfied The Conditions On The City Council's Intent To Contract For Replacement Of Water Meters And Conference Center Equipment And Furnishings Refurbishment And Design M/S Crane/Baldwin to approve Recommended Action. City Manager Chambers and City Attorney Rapport presented the item. Recommended Action(s):'Approve Resolution of the City Council of the City of Ukiah determining that Honeywell International, Inc. has not satisfied the conditions Page 3 of 6 1 4/4/2012 on the City Council's intent to contract for replacement of water meters and conference center equipment and furnishings refurbishment and design. Public Comment Opened 6:51 pm Speaking in support of the item: Pinky Kushner. Public Comment Opened 6:55 pm Motion carried by the following roll call votes: AYES: Thomas, Baldwin, Crane, and Landis. NOES: None. ABSENT: Rodin. ABSTAIN: None. b. Resolution Of The City Council Of The City Of Ukiah Adopting Provisions For Reimbursement Of Councilmembers For Purchase Of Electronic Equipment Necessary For Paperless Agenda Packet Review City Manager Chambers presented the item. Recommended Action(s): Adopt Resolution of the City Council of the City of Ukiah adopting provisions for reimbursement of Councilmembers for purchase of electronic equipment necessary for paperless agenda packet review. M/S Crane/Thomas to approve resolution with a sunset of December 2014, coinciding with elections. Public comment opened 7:15 pm Speaking in Support of the item: JR Rose. Public Comment closed 7:17 pm Motion carried by the following roll call votes: AYES: Thomas, Baldwin, Crane, and Landis. NOES: None. ABSENT: Rodin. ABSTAIN: None. C. Authorize The City Manager To Negotiate And Execute A Professional Services Agreement With Weston Solutions, Inc. For Supplemental Site Investigation Of The Former Leslie Street Gas Plant Property In The Amount Of $23,430. M/S Crane/Thomas to approve Recommended Action. Assistant City Manager Sangiacomo presented the item. Recommended Action(s): Authorize the City Manager to negotiate and execute a professional services agreement with Weston Solutions, Inc. for supplemental site investigation of the former Leslie Street Gas Plant Property in the amount of $23,430. Motion carried by the following roll call votes: AYES: Thomas, Baldwin, Crane, and Landis. NOES: None. ABSENT: Rodin. ABSTAIN: None. Recessed 7:25 pm Reconvened 7:30 pm 13. NEW BUSINESS a. Approve Budget Amendment And Award Professional Services Agreement To Selected Consultant For Construction Management And Inspection Services For Perkins And Orchard Intersection Improvements Specification Page 4 of 6 4/4/2012 No. 11-01 EDA Award No. 07 01 06042 Director of Public Works/City Engineer Eriksen presented the item. Recommended Action(s): Approve budget amendment to transfer funds from Fund 301 to Fund 290 and award Professional Services Agreement to Green Valley Consulting Engineers in the amount of $48,498 for Construction Management and Inspection Services for Perkins and Orchard Intersection Improvements Specification No. 11-01 EDA Award No. 07 01 06042. M/S Crane/Baldwin to approve Recommended Actions. Public Comment opened 7:32 pm Public speaking to the item: Pinky Kushner. Mayor Landis spoke to a correspondence she received from Councilmember Rodin asking to agendize a complete streets ordinance conversation regarding such things as pedestrian safety. Public comment closed 7:38 pm Motion carried by the following roll call votes: AYES: Thomas, Baldwin, Crane, and Landis. NOES: None. ABSENT: Rodin. ABSTAIN: None. b. Give Direction To City's Representative On Inland Water And Power Commission Regarding Coyote Dam Feasibility Study (oral report) Councilmember Thomas presented the item. Public Works Director/City Engineer Eriksen was available to answer questions. Public Speaking to the item: Judy Hatch supports not continuing to fund the study. John McCowen supports funding the study. JR Rose speaking to the item. City Council has concerns over the safety of the spillway, reservations about continuation of supporting the feasibility study, an interest in an all boards meetings, and an interest in pursuing recycled water. 14. CITY OF UKIAH AS SUCCESSOR AGENCY TO THE UKIAH REDEVELOPMENT AGENCY a. Consideration Of A Resolution Approving And Adopting A Proposed Administrative Budget Pursuant To Health And Safety Code Section 341770) Assistant City Manager Sangiacomo presented the item. Recommended Action(s): Adopt a resolution approving and adopting a proposed administrative budget pursuant to Health and Safety Code section 341770). Sangiacomo discussed the housing bonds that are under question by the Department of Finance. The item has been removed from this 6 month ROPS and Page 5 of 6 4/4/2012 can be added to a future ROPS to allow time to supply the state with requested information. M/S Crane/Thomas to approve recommended action. Motion carried by the following roll call votes: AYES: Thomas, Baldwin, Crane, and Landis. NOES: None. ABSENT: Rodin. ABSTAIN: None. Adjourned to closed session at 8:36 pm. 15. CLOSED SESSION -Closed Session may be held at anv timed urina the meetin a. Conference with Legal Counsel -Existing Litigation (Subdivision (a) of Gov't Code Section 54956.9) Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, dispute resolution under Participation Agreement) 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: City of Ukiah and Northwest Atlantic (Costco) Under Negotiation: Price & Terms C. 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, City Manager Negotiating Parties: City of Ukiah, North Coast Railroad Authority, Weston Solutions, Inc., and Administrative Office of the Courts Under Negotiation: Price & Terms d. Conference with Real Property Negotiators (§54956.8) Property: APN 001-090-01 (599 Park BI.? Golf Cart Shed Lease) Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Ukiah Men's Golf Club Under Negotiation: Price & Terms Reconvened in Open Session at 9:00 pm with no reportable action. 16. ADJOURNMENT There being no further business, the meeting adjourned at 9:00 pm Anne M. Currie, City Clerk Page 6 of 6 4/4/2012