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HomeMy WebLinkAboutMin 06-16-04MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 16, 2004 The Ukiah City Council met at a Regular Meeting on June 16, 2004, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Andersen, Smith, Baldwin, and Mayor Larson. Councilmember absent: Rodin. Staff present: Community Services Director DeKnoblough, Police Captain Dewey, Finance Director Elton, Risk Manager/Budget Officer Harris, City Manager Horsley, Purchasing Agent Horger, Water Treatment Operator Jamison, Police Officer Johnson, Fire Chief Latipow, City Attorney Rapport, Community Services Supervisor Sangiacomo, Public Works Director/City Engineer Steele, Planning Director Stump, Police Chief Williams, Public Utilities Director Ziemianck, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Purchasing Agent Mary Horger led the Pledge of Allegiance. 3. INTRODUCTION/PROCLAMATION 3a. Introduction of New Public Utilities Director Bernie Ziemianek City Manager Horsley introduced Bernard "Bernie" Ziemianek to Council as the City's new Public Utilities Director. She discussed his employment background. Bernie Ziemianek thanked the City for providing him with the opportunity to assume the role of Public Utilities Director and is looking forward to working for the City. 3. INTRODUCTION/PROCLAMATION 3b. Proclamation: Gay Pride/Awareness Week in Ukiah Mayor Larson read the Proclamation designating June Pride/Awareness Week in Ukiah. 14-20, 2004 as Gay Former City of Ukiah Mayor Jim Mastin accepted the Proclamation on behalf of the Pride Alliance and extended thanks from the committee to the City for its support. He encouraged the community to participate in activities planned throughout the week. 4. APPROVAL OF MINUTES 4a. Re_qular Meeting of April 217 2004 Councilmember Baldwin recommended the following corrections to the minutes: Page 2, seventh paragraph beginning with "Councilmember Baldwin", the last sentence should read "He discussed the possibility of lowering the salaries for the highest paid staff some percentage in a descending order so that no one gets laid off, there are no service reductions, and the lowest paid suffer no cut." Page 9, third paragraph beginning with "Councilmember Baldwin", the last sentence should read, "He expressed his concern that those that opposed the measure in March would determine how the new measure be phrased." Regular City Council Meeting June 16, 2004 Page 1 of 7 M/S Andersen/Smith approving the Regular Meeting Minutes of April 21, 2004, as amended, and carried by unanimous consent. 5. RIGHT TO APPEAL Mayor Larson read the appeal process. 6. CONSENT CALENDAR M/S Baldwin/Smith approving items "a" through "g" of the Consent Calendar as follows: a. Approved Disbursements for Month of May 2004; b. Received Notification of Emergency Purchase from the JWC Company for One Factory Exchange Influent Channel Grinder in an Amount Not to Exceed $24,969 Plus Applicable Tax and Shipping; c. Rejected Claim for Damages Received from Charles A. Nickerman and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund;] d. Approved Award of Construction Contract for the Cleaning and Purging of Well//5 to Water Well Technology Inc. in the Amount of $9,385; e. Adopted Resolution 2004-29 Amending Appendix to City Conflict of Interest Code; f. Approved of Budget Amendment in the Amount of $5,000 for Special Legal Fees Related to Litigation by River Watch; g. Approved Budget Amendment for Expenditures from Fund 699 for the Construction of New Sidewalks and ADA Ramps. Motion carried by the following roll call vote: AYES: Councilmembers Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSENT: Rodin. ABSTAIN: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Don Trimble, CEO of Coyote Valley Casino, discussed their closure on June 4th by order of the Indian Gaming Commission and read a letter from their attorney regarding the matter. He requested a letter from the City Council in support of the casino to reopen so that the employees could go back to work and the casino could continue to contribute money into Ukiah area businesses. Mayor Larson advised that the matter is not on the Agenda and therefore, Council would not be able to take action at this meeting. 8. PUBLIC HEARING 8a.A~3Droval of Application to Demolish Two Structures Over 50 Years Old Located at 578 Clara Avenue~ Ukiah Planning Director Stump advised that Rural Communities Housing Development Corporation (RCHDC) filed a Demolition Permit application to demolish a single-family residence and barn located at 578 Clara Avenue. On May 26, 2004, the City Demolition Permit Review Committee considered the application and unanimously found that none of the criteria in the Municipal Code applied; therefore the structure is not historically or architecturally significant. Based on the recommendation of the Demolition Permit Review Committee, Staff is recommending approval of the Demolition Permit. It was also noted that RCHDC has offered to recycle/salvage materials from the structure. Regular City Council Meeting June 16, 2004 Page 2 of 7 Public Hearing Opened: 6:54 p.m. Fire Chief Latipow explained that RCHDC has contracted with the Fire Department for a training and control burn of the structure which will take place within 45 days. Public Hearing Closed: 7:05 p.m. M/S Smith/Baldwin approving the Demolition Permit for the structures located at 578 Clara Avenue, based on the finding that they do not have historical or architectural significance; carried by the following roll call vote: AYES: Councilmembers Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Rodin. 8. PUBLIC HEARING 8b. Adoption of Resolution Approving General Plan Housing Element Update Proiect~ Amendments to the Land Use and Transportation & Circulation Elements~ and Associated Environmental Documents Planning Director Stump discussed the General Plan Housing Element update project. The Planning Commission has completed its public hearing process and is recommending the Council adopt a Resolution approving the new Housing Element and associated Mitigated Negative Declaration. General discussion ensued related to the General Plan Housing Element, affordable housing units, motels and hotels, traffic impacts, high density infill, traffic circulation and devising a parallel strategy to reduce auto dependency, and alternative transportation. It was noted that the Ford Street Project was not listed and staff will include it on the list. Public Hearing Opened: 7:12 p.m. No one came forward to address the matter. Public Hearing Closed: 7:12 p.m. Discussion continued with regard to infill development and the cost of providing City services, such as Police and Fire protection. Smart growth techniques and demand management strategy were discussed, as well as development along the railroad tracks where residential uses could be located. Saving land for park development, conservation of natural resources, and infrastructure for new housing developments were discussed. Providing future housing for disabled persons, public transportation, and the stimulating bike facilities were discussed. The topics of rehabilitating standard housing and limiting sprawl were addressed. The potential for annexation was also a topic of discussion. M/S Baldwin/Andersen to reopen the Public Hearing for public comment. Motion failed. M/S Andersen/Smith adopting 2004-30 approving and adopting an amendment to the Housing Element of the General Plan and related amendments to the General Plan Transportation and Circulation and Lane Use Elements, carried by the following roll call vote: AYES: Councilmembers Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: Rodin. Regular City Council Meeting June 16, 2004 Page 3 of 7 9. UNFINISHED BUSINESS 9a. Discussion and Possible Approval of Revised Public Safety Sales Tax Ordinance for November 2004 Election City Manager Horsley explained that at the June 2, 2004 City Council meeting, the Council discussed wording for the proposed November 2004 public safety sales tax ordinance. Based on Council's direction, staff drafted this ordinance to reflect Council's direction. She discussed the 19 findings contained in the draft Ordinance, reviewed the Expenditure Plan, and discussed possible revised language to the 3rd paragraph of the "Expenditure Plan" contained on page 8 that was distributed to Council. Police Chief Williams and Fire Chief Latipow each provided a Power Point presentation to Council concerning their individual department's status and needs with regard to personnel and equipment. Considerable discussion ensured with regard to the proposed ballot measure language and its interpretation by the public. It was stressed that the public needs to be educated on the status of the Police and Fire Departments as well as the City's financial situation. It was the consensus of Council to replace the words "may" with "shall" in the first paragraph on page eight of the Ordinance. Discussion followed with regard to Councilmember Baldwin's recommendation that the third paragraph on page eight, item "(2)" be changed to read "not less than $200,000 per year for capital expenditures and/or staffing benefiting the Fire Department, including the augmentation of Fire Department Staffing." Bruce Foster, Chairman of the Greater Ukiah Chamber of Commerce, noted that one reason why the measure previously failed was that funds could be "supplanted". He felt that issue is adequately addressed in the new Ordinance and supported educating the public on the contents of the new Ordinance. Randy Johnson, Ukiah Police Officer, advised that the suggestion has been made to the Oversight Committee that will review the Ordinance that the firefighters and emergency services wants it entitled Ukiah Police Officers. Councilmember Baldwin recommended replacing the word "racial" with "ethnic". It was the consensus of Council to continue the matter to the July 7, 2004 Council meeting. Recessed: 8:30 p.m. Reconvened: 8:40 p.m. 1 UNFINISHED BUSINESS Discussion and Possible Action Re.clardin.q Hopland Bypass Fundinq- Vice-Mayor Baldwin Regular City Council Meeting June 16, 2004 Page 4 of 7 Vice-Mayor Baldwin requested that this matter be postponed to the next meeting so that representatives from MCOG could attend the meeting to address this issue. M/S Baldwin Andersen to table the item to the next meeting, carried by unanimous consent of the Council. 10. NEW BUSINESS 10a. Report Describing the City of Ukiah's Process for Disposal of Surplus Property- Councilmember Andersen City Manager Horsley advised that this report was requested by Councilmember Andersen. Purchasing Agent Horger provided an overview of the process for disposal of surplus property and reviewed her Staff Report, with attachments, with Council. Councilmember Andersen inquired about the process and the value of the items surplused. He made a suggestion that the City could set up bids on EBAY or look into an alternative auction house. 10. NEW BUSINESS 10b. Adoption of Resolution Requesting the Mendocino County Board of Supervisors to Request the County Clerk to Conduct the Municipal Election Of the City of Ukiah on Tuesday7 November 27 20047 and to Consolidate Said Election with the General Election Held on that Same Day Deputy City Clerk Ulvila advised that the City has historically consolidated its elections with Mendocino County. Attached for Council's adoption is a proposed Resolution calling an election on November 2, 2004, consolidating the election with the Statewide General Election, and contracting with the County of Mendocino for election services. City Attorney Rapport has reviewed the proposed Resolution. The election is necessary to fill the vacancies created by the expiration of two Councilmembers (Smith and Rodin) terms, the term of the Mayor (Larson), and the term of City Treasurer (Carter), and any ballot measure. After a brief discussion it was the consensus of the Council to continue the matter to the next meeting. 10. NEW BUSINESS 10c. Selection of Members for the Solid Waste Subcommittee City Manager Horsley explained that the City's current contract with the franchise waste collection company requires that after two years the CPI formula increases to cover inflation, the audited financials be reviewed for determination of a rate adjustment in the third year. During this process, a Council subcommittee consisting of two members is appointed to participate in the negotiations between the City of Ukiah and Solid Wastes Systems. It was the consensus of Council to select Councilmembers Andersen and Baldwin to serve on the Solid Waste Subcommittee. Regular City Council Meeting June 16, 2004 Page 5 of 7 10. NEW BUSINESS 10d. Discussion and Direction to the Inland Water and Power Commission Representative City Manager Horsley advised that the Inland Water and Power Commission (IWPC) held their monthly meeting on June 10th and scheduled a special meeting on June 17th to determine actions based on input from their board representatives. There are three items for discussion by the Council to advise the City's IWPC representative, Vice- Mayor Baldwin, for the Commission meeting on the 27th. Council and staff addressed each of the three items and the following actions were taken: 1) Corp of Engineers Feasibility Study Sponsorship M/S Baldwin/Smith that the City would contribute up to $50,000 and that IWCP should submit its letter for sponsorship of the project to the Army Corp of Engineers, carried by unanimous consensus of Council. 2) Right of First Refusal language Councilmember Baldwin discussed language modifications to the Right of First Refusal that he prepared. The IWPC will be discussing this matter at their next meeting. A brief discussion followed with regard to his recommendations. 3) Appeal of Federal Emergency Regulation Commission decision. M/S Baldwin/Smith to support and fund proportionally IWPC's proposed appeal to the 9t' District Court, and carried by unanimous consensus of Council. 11. COUNCIL REPORTS Councilmember Andersen reported that he attended a meeting of the MTA Board of Directors and they approved their budget for the next fiscal year. Some concerns were raised with regard to the transit center in the traffic study. In their dealings with the County, they have seen a positive benefit from negotiations with the Governor with regard to property tax. Councilmember Smith reported that next Thursday he will attend the Northern California Power Authority (NCPA) meeting in Roseville. Councilmember Baldwin expressed the desire to have Gentech provide Council with a presentation in the near future with regard to biomass and biofuel production. He reported on the IWPC agreement to sell surplus water to Redwood Valley and they want other jurisdictions to sign it. He inquired about the pilot study concerning reduced flows and if the state could justify declaring this a dry year. He reportedly took an educational tour of Gibson Creek, beginning at the railroad depot and ending at the fish hatchery. He encouraged more tours of this kind. Mayor Larson reported that he cut the board at the Home Depot grand opening. 11. CITY MANGER/CITY CLERK REPORTS City Manager Horsley discussed estimates from the League of California Cities that are included in the budget document. Regular City Council Meeting June 16, 2004 Page 6 of 7 Deputy City Clerk Ulvila reported that the City Clerk's office is preparing for the November election by assembling Candidate Packets. The nomination period begins July 5th and closes on August 6th. She also reported that News Releases have been faxed to the media on a weekly basis with regard to vacancies on City Commissions and Boards and so far only one application has been received. The deadline for submitting applications is noon on Monday, June 28th, 12. CLOSED SESSION None. 13. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 10:27 p.m. Marie Ulvila, Deputy City Clerk Regular City Council Meeting June 16, 2004 Page 7 of 7