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HomeMy WebLinkAboutMin 09-15-04 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 15, 2004 The Ukiah City Council met at a Regular Meeting on September 15, 2004, the notice for which had been legally noticed and posted, at 6:30 p.m. Roll was taken and the following Councilmembers were present: Rodin, Andersen, Smith, Baldwin, and Mayor Larson. Staff present: Wastewater Treatment Plant Supervisor Gall, City Manager Horsley, Wastewater Treatment Plant Operator Jamison, City Attorney Rapport, Community Services Supervisor Sangiacomo, Planning Director Stump, Public Utilities Director Ziemianek, and Deputy City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Wastewater Treatment Plant Supervisor Gall led the Pledge of Allegiance. Mayor Larson announced that there is a need to take immediate action and the need for action came to the attention of the City subsequent to the agenda being posted. The Urgency Item concerns: Approval for Reapportionment of Equivalent Sewer System Units (ESSUs). M/RC Smith/Baldwin to add the above referenced Urgency Item to the Agenda under Unfinished Business, item 7e, and carried by a unanimous voice vote of the Council. 3. APPROVAL OF MINUTES 3a. Re_clular Meeting of September 172004 Deputy City Clerk Ulvila noted a spelling error on page 1, second paragraph under 3a. Proclamation: Saturday Afternoon Club Centennial" for "Katerzyna Rolzinski's" name. Her name should be spelled "Katarzyna Rolzinski". Councilmember Smith referred to page 7, second to the last paragraph, and requested clarification on the motion and the vote. Discussion followed regarding the motion in the September 1,2004 draft minutes. Councilmember Smith and Mayor Larson were of the opinion that they voted "no" on the matter. Mayor Larson referred to page 1, second to the last paragraph, and clarified that it was he who noted the correction regarding the word "infraction", not Councilmember Rodin. The sentence should read, "Mayor Larson noted a correction to page 7, third paragraph; that the first sentence should read "City Attorney Rapport discussed enforcement of the Noise Ordinance and possible changes to violations so they could be considered an infraction." He explained that Councilmember Rodin should be credited with making the correction to the paragraph in which she stated, "It was her opinion that the District Attorney dropped the ball in this situation, not the Police Department." M/S Andersen/Rodin to approve the minutes of September 1, 2004 as amended, and carried by a unanimous voice vote of the Council. Regular City Council Meeting September 15, 2004 Page 1 of 6 M/S Rodin/Andersen to reconsider approval of the September 1, 2004 minutes, and carried by a unanimous voice vote of the Council. M/S Andersen/Baldwin to approve minutes of September 1, 2004, as amended on page 1 and that the revision on page 7 to be brought back for Council approval at the next meeting; carried by unanimous consent of the Council. 4. RIGHT TO APPEAL DECISION Mayor Larson read the appeal process. 5. CONSENT CALENDAR M/S Andersen/Smith approving item "a" through "k" of the Consent Calendar as follows: a. Approved Disbursements for Month of August 2004; b. Awarded Bid to Hoblit-Haynes in the Amount of $18,456.09 for a 2005 Jeep Liberty; c. Authorized Expenditure of $23,638 for Environmental Compliance Services at the Ukiah Solid Waste Disposal Site; d. Authorized Execution of Amendment No. 8 to the Agreement with EBA Engineering in an Amount not to Exceed $53,868 for Environmental Services at the Corporation Yard; e. Adopted Ordinance No. 1057 Adding New Article 18 to the City of Ukiah Municipal Code Entitled Sewer Lateral Testing; Adopted Ordinance No. 1058 Rezoning Assessor Parcel Number 003-2-302-55 (Woodbury Main Street Garden Apartments) from R-2 (Medium Density Residential) to R- 2/P-D (Medium Density Residential-Planned Development)] Received Notification to Council Regarding the Purchase of 2,884 ft. of 4/0 AWG Aluminum, 15 KV, EPR Insulated, Jacketed, Concentric Neutral, Single Conductor Cable to Champion Wire and Cable in the Amount of $9,897.89; Received Report to Council Regarding the Purchase of a Triplex 16 HP Vanguard Mower for the Ukiah Municipal Golf Course from the Ukiah Men's Golf Club in the Amount of $7,500; Received Report to City Council Regarding the Purchase of Anderson's 19-3-19 Green Fertilizer From Target Specialty Products for the Ukiah Municipal Golf Course in the Amount of $5,705.70; Adopted Ordinance No. 1059 Creating New Article 17 of the Ukiah City Code, Entitled Grease Interceptors: Installation and Disposal of Waste Approved Low and Moderate Income Down Payment Assistance Loan and Reimbursement to Community Development Commission of Mendocino County. g. h, k. Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Mike Deckard, Ukiah, discussed his electric bill, billing for 30-gallon garbage cans, and problems he has on his property. Ana Araiza, Ukiah, advised that October is "Domestic Violence Month" and invited Council to attend Project Sanctuary's "The Clothesline Project" opening ceremony on October 1, 2004. She also noted that tomorrow, September 16th, is Mexican Independence Day. The Alliance Regular City Council Meeting September 15, 2004 Page 2 of 6 for Human Rights is putting on a silent peaceful march from Alex Thomas Plaza to the Courthouse from 1:00-6:00 p.m. John McCowen requested Council reconsider its action regarding the garbage rates that were approved by Council at its last meeting. 7. UNFINISHED BUSINESS 7a. Update Reqardin.q the Value En_qineerin_a Review of the Wastewater Treatment Plant Desi.qn Director of Public Utilities Ziemianek discussed his Staff Report to Council with regard to the commencement of the Value Engineering (VE) Review of the engineering details and design of the proposed Wastewater Treatment Plant. He presented an update to Council. He reported that staff will review the results and recommendations of the VE Review, and will consult with Brown and Caldwell to discuss options. City Manager Horsley noted that one major item discussed was the higher price of Brown and Caldwell's proposal and the reasoning was that it is due to the plants poor condition. Director Ziemianek explained that the Brown & Caldwell proposal will provide a good fundamental treatment facility with the longevity the City is looking for. He noted that the VE Review is placed on the Ukiah Valley Sanitation District's agenda for discussion at their meeting next week. He will report back to Council after that meeting. City Manager Horsley noted that she discussed with Director Ziemianek about holding joint meetings of the Sanitation District and the City Council several times during the year to discuss various concerns. There was general agreement by Council. 7 UNFINISHED BUSlNESSS 7b. Update Re_aarding The Recent Internal Inspection of Lake Mendocino Hydro Plenum Chamber~ Tainter Valve~ and Other Operational Componente Director of Public Utilities Ziemianek discussed his Staff Report to Council concerning an internal inspection of the Hydro Plant plenum, Tainter Valve, and various control valves that were completed in coordination with the Army Corps of Engineer's annual dam inspection process. He presented an update of various hydro plant operational components relating to a potential plant restart. He advised that industry engineers met with him yesterday and they discussed the plant and alternatives for getting the plant back into operation. After their inspection of the plant, they reported it in "excellent" condition. There are some minor things to do if we start using the plant, but overall, the inspection went very well. He reported that the City will be going out for a Request for Proposal (RFP) for preliminary engineering for the structural design for the Tainter valves/gates. He and the NCPA hydro engineering staff will begin consulting with National Oceanic and Atmospheric Association (NOAA) Fisheries. Staff is working well with Army Corps of Engineers and they are supportive of the City's endeavor. The dam and hydro inspector from FERC visited the site today and staff thinks the City is on firm footing with FERC. Regular City Council Meeting September 15, 2004 Page 3 of 6 7. UNFINISHED BUSINESS 7c. Approval of Agreement Extension with Jarvis and Fay in the Amount of $307000 for Legal Fees Related to Litigation by River Watch Director of Public Utilities Ziemianek discussed his Staff Report to Council concerning Staff's request for approval of budgeted operational expenses of $30,000 within the Sewer and Wastewater Treatment Utility Administration and General Budget Fund. Authorization is required to pay for legal fees which are being incurred as a result of continuing litigation by River Watch. Tape lb City Attorney Rapport explained that the matter will be agendized for Closed Session at Council's next meeting and staff will provide Council with further information. It was the consensus of Council for Staff to prepare a Closed Session item on this matter for Council's next meeting. M/S Baldwin/Andersen approving agreement extension with Jarvis and Fay in the amount of $30,000 for legal fees related to litigation by River Watch, and carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 7. UNFINISHED BUSINESS 7d. Approval of Budget Amendment in the Amount of $236~756 to Provide for Extra Earthwork Relative to Unforeseen Soil Conditions at the Reservoir Construction Site Director of Public Utilities Ziemianek advised that in order to meet State requirements for additional water storage, the City approved plans for the construction of water reservoir tanks to be sited on the hillside adjacent to the existing reservoirs above the Golf Course. He discussed the construction of the tanks and the topography and geology in developing these sites. He went on to discuss four significant changes necessary to accommodate the excess spoils. He noted that the General Contractor prepared a number of options, related costs estimates, and analysis to show what the extra work entails. M/S Baldwin/Rodin approving an amendment to the 2004/05 budget authorizing $236,756 of additional construction expense to account 840.3850.250.000 to pay for earthwork stabilization at the reservoir construction site, and carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 7e. URGENCY ITEM: Approval for Reapportionment of Equivalent Sewer System Units (ESSUs) Director of Public Utilities Ziemianek discussed the rationale for recommending that the existing 77%/23% proportion be changed to 60%/40%. He reported that both he and Planning Director Stump reviewed a new report on the number of undeveloped properties in the City limits and now have a better rationale for their recommendations. He discussed proportion ESSUs, the proposed ESSU proportionment with regard to existing conditions and projected conditions, projected Wastewater Treatment Plant costs for the capacity project and the upgrade/rehabilitation project, and projected project costs. The Ukiah Valley Regular City Council Meeting September 15, 2004 Page 4 of 6 Sanitation District will be meeting next week and will consider an agreement with this revised proportionment. Staff wanted Council to consider the matter before it goes to the Sanitation District. Tape 2a Considerable discussion ensued with regard to Staff's proposal and the number of units that would be apportioned to the City and to the Sanitation District. Mark Ashiku, Ukiah, explained that Council should consider the population growth in the U.S. and that the City and County will feel these pressures of growth. By restricting sewer connections, the City is restricting housing, and when housing is restricted, the cost of housing increases. Councilmember Smith noted that, based on conversation with local architects, there may be a lot of interest right now within the City limits for development/construction. M/S Smith/Rodin to approved Staff's recommendation with regard to the reapportionment for the split of 60/40%. Discussion continued with regard to reapportionment and the pressure that both the City and the County may experience from developers. The City's water supply and expansion of the Wastewater Treatment Plant were also discussed with regard to being able to supply future development within the City limits. Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 8. COUNCIL REPORTS Councilmember Andersen reported that he and his wife have decided to move out of Ukiah and will be moving out of state in November of this year. His official last day on the City Council will be October 31 st. Councilmember Smith reported that he will be attending a NCPA meeting next week. Councilmember Baldwin inquired if Council will receive a report on options for filling Councilmember Andersen's vacancy. He advised that he will be attending a meeting of the League of California Cities tomorrow. He hopes to speak with the City of Santa Monica with regard to airport procedures and courteous flying. Mayor Larson reported that he participated in the unveiling of a beautiful mural by students in the AODP program at the Alex Thomas. Plaza. Last night he attended a meeting at the skating arena for the Neighborhood Watch program, which consisted mainly of citizens outside of the City limits. They are determined to not have a minority of residents in their area dictate their lifestyles. He discussed residential vacancy rates in areas where there is no Neighborhood Watch and strongly recommended other members of the Council attend these meetings. gm CITY MANGER/CITY CLERK REPORTS Regular City Council Meeting September 15, 2004 Page 5 of 6 City Manager Horsley reported that the Police Department had their first workshop on "How to Become an Officer" and 25 people attended their workshop. Ten of the attendees were bilingual. She advised that a retirement party is planned for Budget Officer/Risk Manager Mike Harris, who has been working for the City for 28 years, and for Finance Director/City Clerk Gordon Elton, on October 1st at the Sun House. She distributed a bulletin that will be included in the utility bills on how to save money with utility rates and garbage containers. She reported that she asked Solid Waste Systems to do a total audit of the City's system and they have ordered more 20 gallon inserts. If there is a large demand, they will have them in stock. Deputy City Clerk reminded Council of the joint meeting with the Planning Commission and Council on September 29th at the Conference Center. Adjourned to sit as the Ukiah Redevelopment Agency: 8:34 p.m. Reconvened: 8:50 p.m. Adjourned to Closed Session at: 8:50 p.m. 10. CLOSED SESSION a. Government Code ~54957.6 - Conference with Labor Ne.qotiator Employee Negotiations: Electrical Unit Negotiator: Candace Horsley Reconvened at: 9:20 p.m. 11. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 9:20 p.m. Marie Ulvila, Deputy City Clerk Regular City Council Meeting September 15, 2004 Page 6 of 6