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MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting - July 2, 1997
A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted,
convened at 6:35 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah,
California. Roll was taken and the following Councilmembers were present: Chavez, Ashiku, Kelly,
Mastin, and Mayor Malone. Staff present: Public Utilities Director Barnes, Finance Director Elton,
City Manager Horsley, City Attorney Rapport, Planning Director Sawyer, Senior Planner Stump,
Senior Civil Engineer Woods, and City Clerk Henderson.
2. Pledge of Allegiance
Councilmember Mastin led the Pledge of Allegiance.
,
Special Order of Business
Commendation upon the Retirement of Clif Shepard, Building Official
Mayor Malone presented a Commendation to Building Official, Clif Shepard, upon his retirement.
Mr. Shepard received a standing ovation from the audience attesting to the exemplary service he
had provided the Building Industry in Ukiah.
Approval of Minutes
Regular Meeting - June 18, 1997
MIS MastinlKelly to approve the Minutes of the Regular Meeting of June 18, 1997, carried by the
following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, and Mastin. NOES: None.
ABSTAIN: Mayor Malone. ABSENT: None.
5. RIGHT TO APPEAL DECISION
Mayor Malone reviewed the appeal process.
6. CONSENT CALENDAR
MIS MastinlAshiku to approve the Consent Calendar as follows:
a. Denied claim for damages received from Hali L. King-Koozer; and referred to City insurance
carrier, REMIF;
b. Approved Airport land lease renewal with the Federal Aviation Administration;
c. Approved contract renewal for Dispatch Agreement with the City of Fort Bragg, and
authorized City Manager to execute agreement document;
d. Adopted Ordinance No. 992, Amending the Official Zoning Map for the City of Ukiah,
California;
e. Received report conducted by Rau and Associates entitled "Geotechnical Reconnaissance
and Preliminary Impact Analysis from a Proposed Flood Plain Widening at the City of Ukiah's
Wastewater Treatment Plant;"
Adopted Resolution No. 98-01, Fixing Limitation on City Expenditures for Fiscal Year
1997-98;
g. Approved lease agreement with Greater Ukiah Chamber of Commerce and authorized City
Manager to execute agreement; and
h. Approved contract renewal with Masterson Communication and authorized City Manager to
execute contract.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Judy Pruden, 304 South Hortense, noted the planned identification signs on Highway 101 at the
entrances to Ukiah are being developed by the Make a Difference Committee, not the Chamber of
Commerce. She also questioned Councilmember Chavez's abstention at a previous meeting,
regarding a vehicle abatement matter in the Wagenseller's Tract. She further pointed out the
Council's absence at the retirement dinner for City fire official George Hall.
City Attorney Rapport noted Councilmember Chavez is not obligated to explain her abstention.
Council Member Chavez stated her abstention in this matter was for personal reasons.
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City Manager Horsley responded the Chamber of Commerce representatives did give credit to the
Make a Difference Committee for its efforts in promoting new signage for the entrances to Ukiah.
UNFINISHED BUSINESS
Annual Nomination and Appointment of Commission and Board Members
i. Plannin~l Commission {1 Vacancy)
MIS MastinlKelly to nominate Joe Chiles to a full three-year term on the Planning Commission,
carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and
Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
ii, Golf Course Committee (3 Vacancies)
MIS MastinlKelly to nominate Pemj Ramsey as the Ukiah Men's Golf Club representative to the Golf
Committee, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly,
Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
The two other vacancies are to be appointed at a later meeting.
MIS MastinlKelly to adopt Resolution No. 98-02, Confirming Appointment (of Joe Chiles) to the
Planning Commission, and Resolution No. 98-03, Confirming Appointment (Perry Ramsey) to the
Golf Course Committee, carried by the following roll call vote: AYES: Councilmembers Chavez,
Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
.
NEW BUSINESS
Introduction of Ordinance Amending Ukiah City Code Sections Regarding Vehicle
Abatement
City Manager Horsley noted this recommended ordinance is coming before the Council in an effort
to simplify the process of vehicle abatement appeals. Staff recommended the official hearing body
be the Traffic Engineering Committee instead of the Council.
Donna Roberts, 781 Sidnie Court, inquired as to the possibility of giving notice to surrounding
property owners who may be affected by a vehicle abatement proceeding.
City Attorney Rapport stated giving notice to adjacent property owners was not a requirement of
law.
Eric Larsen, 123 Clara Avenue, asked if it was assumptive to conclude there is nothing in the State
Code to prohibit giving notice.
City Attorney Rapport replied it was clear to him that such notice should not be given.
Mr. Larsen, who originally brought this matter to the Council's attention, favored the introduction of
the Ordinance.
City Manager Horsley mentioned the Police Department will be working more closely with citizens
in these matters in order to insure better communications between appellants and the City.
MIS AshikulMastin to introduce the Ordinance, Amending Sections 7602, 7610, and 7611 of the
Ukiah City Code Providing for a Hearing Before the Traffic Engineering Committee on Appeal from
a Notice of Intent to Remove Abandoned Vehicle from Private Property, by title only, carried by a
voice vote of all AYES of the Councilmembers present. ABSENT: None.
City Clerk Henderson read the Ordinance by title only.
MIS AshikulMastin to introduce the Ordinance, Amending Sections 7602, 7610 and 7611 of the
Ukiah City Code Providing for a Hearing Before the Traffic Engineering Committee on Appeal from
a Notice of Intent to Remove Abandoned Vehicle from Private Property, carried by the following roll
call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None.
ABSTAIN: None. ABSENT: None.
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9b.
Waive Proposal Irregularity and Award Bid to Environmental Resolution, Inc. in thc_
Amount of $161,485.21 for the Perimeter Gas Extraction System at the Ukiah Landfill,
Specification No. 97-06
Senior Civil Engineer Woods reported eight bids had been received for the Perimeter Gas
Extraction System at the Ukiah Landfill. There were two irregularities the Council must waive in
order to accept the lowest bid, Environmental Resolutions, Inc. (ERI) of Novato. The first irregularity
was the separation of the proposal from the bound bid package. This is a minor matter and not
material to the bids. Several other bidders had also made this mistake. The second irregularity
involved the failure by ERI to acknowledge and include Addendum No. 1 with the bid proposal as
instructed in the addendum. The revisions described therein would affect cost as well as
performance when included in the bid proposal. When contacted by staff, Keith Romstad of ERI
stated he received Addendum No. 1, and his bid did include and reflect the provisions of the
addendum. He had also indicated the omission of the addendum in the bid package was simply an
oversight.
City Attorney Rapport noted legal standards had been established to allow the waiver of both
these irregularities.
MIS AshikulMastin to waive the irregularities in the bid and award the contract for the Perimeter.
Gas Extraction System at the Ukiah Landfill, Specification No. 97-06, to Environmental Resolutions,
Inc., in the amount of $161,485.21, carried by the following roll call vote: AYES: Councilmembers
Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT:
None.
10. CITY COUNCIL/REPORTS
Councilmember Chavez noted the American Cancer Society fundraising event, Kiss a Pig, is
pending and Councilmembers may sponsor a candidate through her°
Councilmember Ashiku had nothing to report.
Councilmember Kelly noted she met with the Economic Development Financing Corporation,
toured the downtown area with Assemblywoman Virginia Strom-Martin, and met with City Manager
Horsley and Councilmember Ashiku regarding air quality issues.
Councilmember Mastin reported on the California Arts Scholars reception.
Mayor Malone reported the Northwestern Pacific Railroad is looking into franchise funding, and the
Concert in the Park last Sunday featured the Dave Gdsman Quintet.
11. .CITY MANAGER/DEPARTMENT HEAD REPORTS
City Manager Horsley reported she had two tickets for each of the Councilmembers to the
upcoming Ukiah Chamber of Commerce fireworks display and festivities at the Fairgrounds on the
Fourth of July. She also noted the Mendocino Foundation is looking for office space in the downtown
area and wondered if the Council might entertain the idea of the Foundation locating temporarily in
a Microenterprise office space at the Ukiah Valley Conference Center. It was the consensus of
Council that this was a possibility. She will bring the matter back to the Council for formal approval.
RECESSED: 7:32 p.m. RECONVENED: 7:33 p.m.
12. CLOSED SESSION
12. a..G.C. Section 54956.9 -Conference with Legal Counsel Re~ardina Existing Litigatior
Name of Case: City of Ukiah v. Invest Financial Corporatior~, et al.,
San Mateo Superior Court Case No. 39841
The Council convened in Closed Session, at 7:33 p.m., to discuss the above-entitled matter.
The Council reconvened into open session, at approximately 8:07 p.m.
MIS MastinlAshiku to approve a settlement with Invest Financial Corporation as proposed: Invest
Financial Corporation will pay the City of Ukiah $37,772.14 with interest from the date of payment
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of each charge at the legal rate. The settlement agreement is to include recommended
representations by Invest Financial Corporation. The City Manager is authorized to sign the
settlement agreement on behalf of the City. The motion was carried by the following roll call vote:
AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None.
ABSTAIN: None. ABSENT: None.
13. ADJOURNMENT
MIS AshikulMastin to adjourn the meeting, carried by a voice vote of all AYE. ABSENT: None.
The meeting adjourned at 8:09 p.m.
) Colleen B. Henderson, City Clerk
Regular Meeting - July 2, 1997
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