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HomeMy WebLinkAboutMin 07-16-03 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 16, 2003 The Ukiah City Council met at a Regular Meeting on July 16, 2003, the notice for which had been legally noticed and posted, at 5:00 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Rodin, Andersen, Smith, Baldwin, and Mayor Larson. Staff present: Community Services Director DeKnoblough, Finance Director Elton, Risk Manager/Budget Officer Harris, City Manager Horsley, City Attorney Rapport, Deputy Public Works Director Seanor, Director of Public Works Steele, Planning Director Stump, and City Clerk Ulvila. INTERVIEWS OF APPLICANTS FOR APPOINTMENT TO THE PLANNING COMMISSION Councilmember Smith inquired if Councilmember Andersen would have a conflict of interest in participating in the interview process and the voting of applicants since his spouse is a candidate. Councilmember Andersen advised that he intends to vote for nominees but would recuse himself from interviewing his spouse, Jennifer Puser. He also stated that if she were nominated, he would not participate in the voting. The City Council interviewed the following candidates for appointment to the Planning Commission: Laura Christensen, William D. French, Jr., Kevin Jennings, Lesa McArdle, Robert Palafox, and Jennifer Puser. 6:00 p.m. - Councilmember Andersen left the meeting during the interview of Jennifer Puser. 6:13 p.m.- Councilmember Andersen returned to the meeting. Recessed: 6:13 p.m. Reconvened: 6:32 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Larson led the Pledge of Allegiance. 3. PRESENTATION 3a. Presentation by Mendocino RELEAF Jennifer Puser, President of Mendocino County RELEAF, introduced its Board of Directors, and advised that it is now a 501c3 nonprofit organization. She provided a background of the organization and discussed some of the projects and activities it has conducted in Mendocino County and Ukiah, such as the Trees for the Millennium project in which over 500 trees were planted. The members will continue their commitment to the City of Ukiah for the care of the trees. She thanked the City of Ukiah, especially Tom Hamblin and his Parks crew, for working on the project. Regular City Council Meeting July 16, 2003 Page 1 of 8 Miles Gordon, Vice President of Mendocino RELEAF, provided a presentation concerning the costs and benefits of trees. He thanked the Public Works Department for the use of its water trucks and equipment. Mayor Larson presented a plaque to Ms. Puser and Mr. Gordon in appreciation of Mendocino RELEAF by the City of Ukiah. 4. APPROVAL OF MINUTES 4a. Regular Meeting of June 4, 2003 City Clerk Ulvila advised that the minutes to the June 4, 2003 meeting have not been completed and requested their consideration be continued to the next meeting. 5. RIGHT TO APPEAL Mayor Larson read the appeal process. 6. CONSENT CALENDAR Councilmember Baldwin requested that item Calendar for discussion and vote. "6d" be pulled from the Consent Mayor Larson advised that item "6d" would be heard as item "9e". M/S Smith/Baldwin approving items "a" through "c" and "e" through "h" of the Consent Calendar as follows: a. Approved Disbursements for Month of May 2003; b. Rejected Claim for Damages Received From Kevin Cotroneo and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; c. Received Report Regarding Grace Hudson Museum Purchases of Computer Hardware From Gov Connection Inc. in the Amount of $6,180.43; e. Adopted Resolution 2004-01 Removing On-Street Parking and Establishing A Bus Loading Zone On Washington Avenue Adjacent to Ukiah Ford; f. Waived the Bid Proposal Irregularity and Awarded Contract to R.W. Murray Inc. (DBA A to Z Construction) For 2002 STIP Construction of Sidewalk Along North State Street, Specification No. 02-22 In The Amount of $77,095.50; g. Awarded Construction Contract to Granite Construction Company in the Amount of $125,249.55 For The Construction of the Gobbi Street Class 2 Bike Lane Project From Orchard Avenue to Babcock Lane, Specification 03-06; h. Received Report of the Acquisition of ESBI ArclMS Software From Rockware, Inc. in the Amount of $6,250.00. Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Richard Johnson, representing the Alliance for Human Rights, discussed the first amendment to the U.S. Constitution and was of the opinion that it was violated at the last Council meeting because two individuals were not allowed to address the City Council concerning issues related to a specific Police Officer. Regular City Council Meeting July 16, 2003 Page 2 of 8 Brenda Lopez and Chris Russell, Redwood Valley, stated that they are victims of racial profiling and harassment by an Ukiah Police officer. Phillip Ashiku voiced his opinion that the City Council should not restrict public testimony regarding individual employees. He also discussed the Chamber of Commerce contract that is the subject of review by the Redevelopment Agency and was of the opinion that the Chamber of Commerce has performed its duties stipulated in its contract with the City. Brian Manning, Hopland, stated that he is a member of the Hopland Chamber of Commerce and is supportive of the City providing financial support to the Chamber of Commerce. He stated that he perceives a conflict of interest with Councilmember Andersen and felt he should have excused himself from questioning all candidates for Planning Commission appointment. Colette Morris, Perkins Street, submitted pictures and a letter with regard to the timeline for applying herbicides in the parks and other areas. Mark Ashiku discussed freedom of expression by members of the audience. al PUBLIC HEARING Introduction of Ordinance Amending In Its Entirety Chapter 11, Article 2 of the City of Ukiah Municipal Code Regulating Cable, Video, and Telecommunications Services and Consideration of Community Needs Assessment Report For Public Access Cable Television Community Services Director DeKnoblough advised that the City of Ukiah, in cooperation with the County of Mendocino and the Cities of Fort Bragg and Willits has been attempting to collaboratively negotiate cable franchise renewal agreements with Adelphia Communications for the past three years. He reported that Adelphia's corporate situation has progressed and improved significantly as a result of its reorganization and is now under new corporate leadership. In order to proceed further with negotiations, the consultant has recommended the four public agencies update their existing regulations by adopting an amended governing ordinance to establish the public agency's regulatory authority to enter into a franchise agreement for cable services, etc. The City has already established the maximum allowable franchise fee of 5% of gross revenues. Communications Support Group (CSG) conducted a comprehensive needs assessment for all four public agencies. It was Mr. DeKnoblough's belief that the amount of funding established in the report is equitable to the task of adequately providing effective Public, Education, and Government (PEG) access channels to the Ukiah Valley and would like Council's direction to proceed with negotiations. He also recommended introduction of the proposed ordinance. Discussion followed with regard to public access TV for educational purposes, funds to be negotiated, establishing a basis to secure the funds, the needs assessment report, and the introduction of the ordinance. Items also discussed were undergrounding cable lines; free cable access provided to schools, including charter schools, fiber optic cables being routed throughout the City, and public access. Regular City Council Meeting July 16, 2003 Page 3 of 8 Public Hearing Opened: 7:32 p.m. William French, Ukiah, was of the opinion that the cable service in Ukiah is poor and the agreement with Adelphia should include improved local cable service. Public Hearing Closed: 7:35 p.m. M/S Baldwin/Andersen Introducing Ordinance by Title Only, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. City Clerk Ulvila read the title of the Ordinance, "An Ordinance of the City Council of the City of Ukiah amending in its entirety Chapter 11, Article 2 of the City of Ukiah Municipal Code, regulating cable, video, and telecommunications service." M/S Andersen/Smith Introducing Ordinance, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 9. NEW BUSINESS 9a. Adoption of Resolution Making Appointments to the Planning Commission City Clerk Ulvila advised that the City Council has had an opportunity to interview all of the applicants for Planning Commission appointment. Two vacancies are available on the Commission and Councilmember Rodin will have the first opportunity to make a nomination, based on the current rotation process. One appointment is to an unexpired term ending June 30, 2004 and the other appointment is to a full term expiring June 30, 2006. M/S Rodin/Larson nominating Jennifer Puser to the Planning Commission for a term expiring June 30, 2006. Both Councilmember Rodin and Mayor Larson discussed their views regarding appointing Ms. Puser especially with regard to her experience as a previous Planning Commissioner and involvement in the community. It was noted by Mayor Larson that Ms. Puser was very concerned about this issue and conducted some research with regard to legal ramifications and he is satisfied that it was adequately addressed. 7:42 p.m.: Councilmember Andersen recused himself from the meeting. There was considerable discussion concerning this nomination as it pertains to a possible conflict of interest by Councilmember Andersen since he is married to Ms. Puser. Albert Beltrami, representing the Employers Council, inquired if Councilmember Andersen would recuse himself from appeals of Planning Commission decisions if Ms. Puser were to be appointed to the Commission. Regular City Council Meeting July 16, 2003 Page 4 of 8 Rick Piffero expressed concern that Councilmember Andersen and Ms. Puser would discuss projects and issues at home and he would have an inside track of issues if she were appointed to the Planning Commission. Mayor Larson noted that at one time Phillip Ashiku was Mayor and his brother Mark served on the Airport Commission. Phil Ashiku discussed his relationship with his brother and noted that the previous City Council appointed his brother to the Airport Commission and he voted "no" on the motion. In his opinion, his relationship with his brother is not the same relationship as a husband and wife. He addressed the unique situation and pressures of undo influence on the City Council when members of the Council appeal Planning Commission decisions. He explained that the public has to have confidence that there is no undo influence in the decisions made by the City Council. He noted that the Planning Commission is the second highest decision making authority in the City and the Council has to ensure the public has confidence that the appointees will act ethically. If Councilmember Andersen were to recuse himself from participating in the appeals of Planning Commission decisions to the City Council, he would not be part of the decision making process. Councilmember Rodin was of the 'opinion that Councilmember Andersen and Ms. Puser would act ethically regarding this matter and if there is a problem, the Council would address it. Gail Shoemaker, who was married to Mendocino County Supervisor Shoemaker, thought it inappropriate to assume that a woman may hold the same beliefs as her husband's, simply by virtue that they share the same house. She cautioned Council about making assumptions that a husband and wife thinking the same, voting the same. Mark Ashiku inquired what would happen if there were three or four family members involved in three governmental agencies that had the power to make decisions. Council would probably say it would be a very uncomfortable and inappropriate situation. William French discussed the situation with James Carvell and his wife in which they don't agree on many things. He felt that Ms. Puser was wrongly removed from the Planning Commission and he respects her qualifications to be on the Planning Commission. Mayor Larson clarified that Ms. Puser was not removed from the Planning Commission but was not reappointed. David Hull explained that he doesn't know Ms. Puser but has heard good things about her in the community. However, he finds it hard to image those conversations between Councilmember Andersen and Ms. Puser concerning important issues would not occur. There was a discussion concerning the conflict of interest law as it relates to financial interest, the Brown Act, the possible perception by the community of a conflict of interest, and Ms. Puser's service to the community. Regular City Council Meeting July 16, 2003 Page 5 of 8 Mayor Larson stated that he had urged Ms. Puser to apply for a Planning Commission appointment and complimented her on her work as a previous Planning Commissioner. Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Councilmember Andersen. Councilmember Baldwin passed on the next nomination. 8:06 p.m.: Councilmember Andersen returned to meeting. M/S Smith/Baldwin nominating Kevin Jennings to the Planning Commission for term expiring June 30, 2004, carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, and Mayor Larson. NOES: Councilmembers Rodin and Andersen. ABSTAIN: None. ABSENT: None. M/S Smith/Baldwin adopting Resolution 2004-02 making appointment to the Planning Commission of Kevin Jennings to a term expiring June 30, 2004 and Jennifer Puser to a term expiring June 30, 2006, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 9. NEW BUSINESS 9b. Award of Bid to Ferranti Construction For Improvements to Municipal Parking Lot "C" in the Amount of $92,447 and Approval of Budget Amendment Community Services Director DeKnoblough advised that a primary project for the City of Ukiah and the Ukiah Redevelopment Agency has been to resurface and upgrade municipal parking lot "C" located on Main and Standley Streets. He discussed the two bids received from Ferranti Construction and Granite Construction. As the Iow bid of $92,447 exceeds the budgeted amount of $50,000 by $42,447, he requested a budget amendment of $54,250 to cover the additional cost, as well as engineering fees of $6,800 and a contingency of $5,000, to cover any unforeseen costs during construction. He felt that the project would be a significant improvement to downtown parking and recommended there be an increase in expenditures as noted in the Staff Report. Discussion followed with regard to the type of pavement surface used for this project and it was suggested by Mayor Larson that a permeable concrete be used that would allow water to go through, as well as eliminate the need for offsite drainage. The schedule for the project was discussed as well as whether the parking area would remain at one level. The estimated cost for a multilevel structure was also discussed. M/S Smith/Larson to award bid to Ferranti Construction for improvements to parking lot "C" in the amount of $92,447 and approving amendment to the 2003/04 Budget increasing expenditures in the Parking District 220.4601.250.000 account by $14,625 and authorizing expenditure from the North Fire Station reserve account 699.1915.800.010 in the amount of $14,625, carried by the following roll call vote: Regular City Council Meeting July 16, 2003 Page 6 of 8 AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 9. NEW BUSINESS 9c. Consideration and Approval of Joint Workshop For The Ukiah City Council and Ukiah Valley Sanitation District to Provide Project Update Regarding the Wastewater Treatment Plant Improvement Project Public Utilities Director Barnes advised that the City's consultant, Brown and Caldwell, completed the preliminary design for the Wastewater Treatment Plant (WWTP). A joint workshop for the Ukiah City Council and Ukiah Valley Sanitation District (UVSD) Board is proposed to provide an update regarding the status of the WWTP Improvement Project and present the results of the design studies, in particular the current plant capacity, plant optimization recommendations, sewer collection system inflow and infiltration study, and effluent storage requirements and recycled water use study. It is suggested that the workshop be held on August 6t' before the City Council meeting since two hours will be needed for discussion of the project status and presentation of the results of the design studies. Mayor Larson polled the Council and it was the consensus of the City Council that the joint meeting with the Ukiah Valley Sanitation District be scheduled for August 6, 2003 at 4:00 p.m. for a workshop presentation regarding the Wastewater Treatment Plant Improvement Project Update. 9. NEW BUSINESS 9d. Adoption of Resolution Urging California Legislature to Use Balanced Approach in Adopting the State Budget As Requested by Assembly- member Patty Berg City Manager Horsley advised that Assemblymember Patty Berg has requested the City to urge the State Legislature to support a balanced approach in adopting the State budget. She explained the two modifications made to the draft resolution proposed by Assemblymember Berg, as noted in the Staff Report. Councilmember Andersen stated that he appreciates the sentiments of the resolution, however, he did not know why the state needs the City of Ukiah to support cuts in the budget, especially since those cuts and how they would affect the City's budget are unknown. It was the consensus of the Council to take no action on this matter. Recessed: 8:35 p.m. Reconvened: 8:42 p.m. 9e. (6d.) Adoption of Ordinance No. 1047 Amending Articles 3, 4, 5, 6, 7, and 8 of Chapter 2 of Division 9 (Zoning) of the Ukiah Municipal Code Pertaining to Residential Second Dwelling Units Councilmember Baldwin identified an error in numbering items in the Ordinance beginning on page two. He referred to page four of the ordinance and stated that he did Regular City Council Meeting July 16, 2003 Page 7 of 8 not recall supporting relief from the setback requirements, as noted in item "K" on that page. He felt that the last sentence in section "K" should be deleted. There was discussion concerning the setback requirements and the discretionary review process as discussed by the City Council at a previous meeting. There was also discussion of the Use Permit process that would provide relief from established standards. Some Councilmembers thought that there was no need for relief from the setback requirement because item "L" (renumbered to "Q") would apply. City Attorney Rapport advised that if a sentence were to be changed, it would have to be brought back at a subsequent meeting. He did not think it would be a substantial change if the last sentence under item "K" were deleted. M/S Baldwin/Andersen to adopt Ordinance 1047, amending Article 3, 4, 5, 6, 7, and 8 of Chapter 2 (Zoning) of Division 9 of the Ukiah Municipal Code, and that the last sentence under item "K" be deleted, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. Adjourned: 9:00 p.m. Reconvened: 10:37 p.m. 11. COUNCIL REPORTS Councilmember Rodin reported that there will be an annual League of California Cities meeting in September and inquired about sending delegates. Mayor Larson reported that he attended a meeting of the Investment Oversight Committee and would report to Council at a later meeting. He also attended a meeting of the Russian River Watershed Association. 12. CITY MANAGER REPORTS/CITY CLERK REPORTS City Manager Horsley reported that she attended a bicultural meeting with Councilmember Rodin and she distributed notes from that meeting to Councilmembers. She also distributed pictures that showed a 1 1/2" inch difference in sidewalk cracks due to temperature changes. She briefly discussed the City's liability with trip and fall claims over these types of fissures. The Public Works Department will grind the sidewalk down and make some cuts to make the pavement sections stay down and keep this situation from reoccurring. City Clerk Ulvila advised that she would be on vacation for two weeks beginning next week. Executive Assistant/Deputy City Clerk Riley would be assembling the Council packets for the next meeting and taking the minutes. 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 10:44 p.m. Marie Ulvila, City Clerk Regular City Council Meeting July 16, 2003 Page 8 of 8