HomeMy WebLinkAboutMIn 04-06-05MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, APRIL 6, 2005
The Ukiah City Council met at a Regular Meeting on March 16, 2005, the notice for
which being legally noticed, at 6:30 p.m. Roll was taken and the following
Councilmembers were present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku.
Staff present: Community Services Director DeKnoblough, City Manager Horsley,
Associate Planner Lohse, Finance Director McCann, City Attorney Rapport, Community
Services Supervisor Sangiacomo, Planning Director Stump, Public Utilities Director
Ziemianek, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Everyone recited the Pledge of Allegiance.
3. PROCLAMATIONS
3a. Sexual Assault Awareness Month - Project Sanctuary
Councilmember Rodin read the Proclamation proclaiming April 2005 as Sexual
Assault Awareness Month in the City of Ukiah and commended this observance to all
citizens, and encourage everyone's participation in "Denim Day", April 27 and '¥Valk A
Mile In Her Shoes", on April 23.
Paul Cornado, Vice Chairman of the Board of Project Sanctuary spoke on behalf of
Project Sanctuary and discussed programs offered.
Christine Hance, Director of Project Sanctuary, accepted the Proclamation.
4. APPROVAL OF MINUTES
4a. Special Meetin.q Minutes of March 2~ 2005
M/S Baldwin/McCowen approving the Special Meeting minutes of the March 2, 2005
City Council meeting as presented, carried by the following roll call vote: AYES:
Councilmembers Crane, McCowen, Baldwin, and Mayor Ashiku. NOES: None.
ABSTAIN: Councilmember Rodin. ABSENT: None.
4. APPROVAL OF MINUTES
4b. Special Meetin.q of March 14~ 2005
M/S Rodin/Baldwin approving the Special Meeting minutes of the March 14, 2005 City
Council meeting as presented, carried by the following roll call vote: AYES:
Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None.
ABSTAIN: None. ABSENT: None.
4. APPROVAL OF MINUTES
4c. Re_~ular Meeting of March 16~ 2005
Councilmember Rodin recommended a correction to page 10, the second paragraph
should read, "In response to Councilmember Baldwin, staff clarified that City wells 5
and 6 are included ..."
Regular Ukiah City Council Meeting
April 6, 2005
Page 1 of 10
Councilmember McCowen recommended a correction to page 12, the first sentence in
the second paragraph should read, "Councilmember Baldwin reported he attended an
Inland Water and Power Commission meeting ..."
Councilmember Baldwin stated for the record that he wished to clarify the first
sentence in the third paragraph on page 6. He stated that "he challenged the argument
that single family homeowners are more concerned about noise issues from aircraft
than multi-family residences", however, he did not have the opportunity to rewrite his
comment to make a correction to the minutes.
M/S McCowen/Baldwin approving the minutes of the March 16, 2005 City Council
meeting as corrected, carried by the following roll call vote: AYES: Councilmembers
Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None.
ABSENT: None.
5. RIGHT TO APPEAL DECISION
Mayor Ashiku read the appeal process.
6. CONSENT CALENDAR
Councilmember Baldwin requested that item "a" be placed on the regular agenda for
discussion.
It was the consensus of Council to consider item "6a" as item "10f" on the agenda.
M/S McCowen/Baldwin approving items "b" through "g" of the Consent Calendar as
follows:
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b. Rejected All Bids For Replacement/New Computer Equipment and Printers
c. Adopted Ordinance No. 1064 Amending the City of Ukiah's Police-Only PERS
Contract To 3% @ 50;
d. Adopted Ordinance No. 1065 Rezoning APN 003-050-29, 50, 66, 85, and 86 to
R-3 (High Density Residential);
e. Received Status Report Concerning Consultant Services Contract For the
Preparation Of An Environmental Impact Report for the Ukiah and Millview
County Water District Rights Permits/Licenses Amendment Project;
f. Reported to the City Council Regarding the Rental of Space From Doug Adams
dba: Skate City, For the Use of the Building For the 2004-05 Youth Basketball
Program in the Amount of $5,800;
g. Approved Lease Agreement for Hangar "F" At the Ukiah Regional Airport.
Motion carried by the following roll call vote: AYES: Councilmembers
McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN'
ABSENT: None.
Crane,
None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Bill Randolph, Ukiah, expressed his concern with regard to the planned removal of
redwood trees on the proposed Walgreens project site located on Perkins Street.
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April 6, 2005
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8. PUBLIC HEARING
8a. Adoption of Resolution Establishing The Water Rate Schedule For The
Fiscal Years 2004-2005 (Commencing May 1~ 2005) Through 2008-2009
Mr. Doug Dove, Principal at Bartle Wells Associates (BWA), advised that the City's
water rates have not increased in about 10 years and there are some large projects that
are pending or being implemented that need revenue in order to be completed. He
presented a Water Utility Rate Structure & Connection Fee Update (Update) to Council
and noted the purpose of the plan is to update the City's Water Rate Schedule to
generate the revenue necessary to support bond financing for the water treatment plant
upgrades required by the California Department of Health Services as a condition of
renewing the water utility's operating permit.
Ms. Tatiana Olea, Financial Analyst at Bartle Wells Associates, explained that BWA
tried to minimize the impacts to the rate payers by phasing in the rate increase over a
five-year period. She discussed the need for the City to bring additional storage
capacity to Ukiah to enable it to meet peak demand in the summer months and support
fire prevention efforts. BWA has assembled a financing plan for the City to consider.
PUBLIC HEARING OPENED: 6:55 p.m.
Bill Randolph inquired as to water use for on-going operations, consideration of
growth, and how much of the water will.be used for existing water users.
Mayor Ashiku explained that a water workshop is planned in the near future and BWA
will be able to address his concerns at that time.
PUBLIC HEARING CLOSED: 6:58 p.m.
Discussion followed with regard to the Update provided by BWA. It was noted that the
funds raised from this increase will pay back bonds and provide for the necessary
pumping at the water treatment facility. It is approximately a $15 million project.
In response to an inquiry by Councilmember Baldwin with regard to a letter from the
State Department of Health Services, Public Utilities Director Ziemianek discussed
the July 1, 2001 letter concerning an inspection audit and, at that time, the State
Department of Health Services found a number of potential problems. He read excerpts
from the audit concerning compliance needed at the water plant at that time. Director
Ziemianek continued to discuss the State Department of Health Services and Title 22
requirements.
M/S Rodin/Baldwin adopting Resolution 2005-41 establishing the water rate
schedules for the Fiscal Years 2004-2005 through 2008-2009, carried by the following
roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor
Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
al
PUBLIC HEARING
Approval of Menton/Ruff Site Development Permit No. 04-30 and
Rocha/Ruff Site Development Permit 04-33
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April 6, 2005
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Planning Director Stump advised that Mr. Estok Menton and Antonio Rocha and their
architect, Mr. Richard Ruff, have applied for separate Site Development Permits to
construct a total of 32 apartment units on four contiguous parcels located at the end of
Apple Avenue.
Associate Planner Lohse described the Menton/Ruff Rocha/Ruff projects; reviewed
on-site recreation planned for the project, and discussed Staff's environmental review of
the project. Planning Staff concluded that the approval of the proposed Site
Development Permits will allow the development of the type of infill housing envisioned
in the 2004 General Plan Housing Element. The Planning Commission and Staff have
concluded that because of the project design and recommended conditions of approval,
the changes to the setting will not be significantly adverse. The project has also been
found to be consistent with other policies of the Ukiah General Plan, the applicable
standards of the Ukiah Municipal Code, and the compatibility criteria of the Ukiah Airport
Master Plan.
PUBLIC HEARING OPENED: 7:11 p.m.
Rena Grayson advised that she lives near the Rocha property and voiced her concern
with additional people moving into apartments in that area, made a recommendation
there be an apartment manager at the Rocha apartment complex to ensure that tenants
do not disturb the neighborhood, concern with problems of cars pulling out of driveways
into traffic, and the lack of on-street parking.
Richard Ruff, architect for the project, discussed the project design and special
features, such as a garden area.
Councilmember McCowen noted the emergency access at the northwest corner of the
Menton property and inquired if the access could be realigned to be in line with the cul-
de-sac.
Mr. Ruff did not think it would be possible.
Councilmember McCowen also inquired about Mr. Rocha's gate in the area and if
there is access.
Mr. Ruff was of the opinion that pedestrians would be able to cross there to get to State
Street.
Councilmember McCowen explained that he would prefer that the railroad not be
accessible from the Rocha property. He went on to discuss sidewalks on Apple
Avenue and if it would be possible to install a sidewalk on a short segment by the cul-
de-sac.
PUBLIC HEARING CLOSED: 7:21 p.m.
Discussion followed with regard to the installation of sidewalks, traffic mitigation
elements, the possibility of a stop sign at the corner of Apple and Cherry Avenue,
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April 6, 2005
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installing speed bumps, referring these matters to the Traffic Engineering Committee,
and have the Committee provide a recommendation to the City Council within four
months. Incorporating native or drought resistant species in their landscaping plan was
also recommended.
M/S McCowen/Rodin approving Site Development Permits No. 04-30 and 04-33 with
the addition of a stop sign at the corner of Apple and Cherry Avenue, and completion of
sidewalk adjacent to the Rocha property and to refer the issue of whether speed bumps
are required on Apple Avenue to the Traffic Engineering Committee. If the Traffic
Engineering Committee recommends to the City Council that speed bumps are
necessary, the applicants would be required to complete installation of the speed
bumps at their expense within six months of completion of the project.
Discussion followed with regard to the project impacts to the area, conditions of
approval, and referring traffic related concerns to the Traffic Engineering Committee for
review and recommendation to the City Council.
Motion carried, based on the Findings and Conditions of Approval recommended by
the Ukiah Planning Commission, carried by the following roll call vote: AYES:
Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None.
ABSTAIN: None. ABSENT: None.
M/S Rodin/Baldwin adopting Negative Declaration prepared for the project numbers
04-30 and 04-33, carried by the following roll call vote: AYES: Councilmembers Crane,
McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None.
ABSENT: None
8. PUBLIC HEARING
8c. Adoption of Resolution Authorizing Application For a Two Year Allocation
of Community Development Block Grant Funds in the Amount of
$1~000~000 and Authorizing the City Manager to Execute All Related
Documents
Community Development Director DeKnoblough explained that on March 2, 2005,
Council approved applying for a two-year allocation of Community Development Block
Grant (CDBG) funds in the amount of $1,000,000 on behalf of Plowshares Community
Dining Facility. In order to proceed, a resolution is required authorizing the application
and designating the City Manager to sign all related documents. He discussed changes
to the resolution based on the recommendation of the grant writer.
Mary Buckley, Director of Plowshares, discussed the source of some of their fund
raising efforts which has been on-going for three years. They currently have $850,000
and appreciate the City's support.
Discussion followed with regard to: · How the amounts itemized in the resolution were calculated
· 10% setaside for homeless services and working with the Ford Street Project to
provide evening meals at the Buddy Elder Center.
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April 6, 2005
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Plowshares making outdoor meals with a barbeque or cooker
The possibility of requiring that $60,000 be allocated between Plowshares and
the Ford Street Project, per a Memorandum of Understanding (MOU) between
the two organizations. Plowshares' relationship with the Ford Street Project was
also discussed.
M/S Baldwin/Rodin adopting Resolution 2005-42 approving an application for funding
and contract execution and any amendments thereto from the General Allocation of the
State of California CDBG Program for Plowshares for a two-year allocation, carried by
the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin,
and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
9. UNFINISHED BUSINESS
9a. Discussion and Possible Introduction of An Ordinance of the City Council
of the City of Ukiah Amending Various Sections of the Ukiah City Code
Contained in Division 47 Chapter 17 Entitled: "Water"
Finance Director McCann advised that in working with consultants on water rate and
construction bond financing studies and the resulting resolution including the Water
Rate Schedule, decisions were made to recommend certain clarifications in the
language of the City Code contained in Division 4, Chapter 1, Entitled: '~/ater". He
stated that they do not want to change the intent of the ordinance but clarify the
language.
M/S Rodin/McCowen introducing Ordinance by Title Only; carried by the following roll
call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor
Ashiku. 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 various sections of the Ukiah City Code contained in
Division 4, Chapter 1, entitled: "Water".
M/S Rodin/Baldwin introducing Ordinance; carried by the following roll call vote: AYES:
Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None.
ABSTAIN: None. ABSENT: None
9. UNFINISHED BUSINESS
9b. Discussion and Possible Action Regarding Proposed Mid-Year 2004-05
Budget Amendment
Finance Director McCann explained that this Mid-Year Budget Amendment is an
opportunity to address any issues with financial implications which have occurred since
the budget was adopted or are anticipated to arise throughout the remainder of the
fiscal year. He reported meeting with Councilmembers Crane and McCowen to discuss
various items in the budget amendments.
M/S McCowen/Rodin approving Mid-Year Amendment to the 2004-05 Budget as
specified in the Staff Report to Council and attached 2004-05 Mid-Year Budget
Amendment-Summary of Expenditures; carried by the following roll call vote: AYES:
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April 6, 2005
Page 6 of 10
Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None.
ABSTAIN: None. ABSENT: None.
There was a request from Council to hear item "10c" next on the agenda. Approved by
a consensus of the Council.
10. NEW BUSINESS
10c. Award of Bid to KG Walters for Construction of the Water Treatment Plant
Improvement Project in the Amount of $7~172~000
Public Utilities Director Ziemianek advised that at the March 16, 2005 City Council
meeting, Council authorized the City Manager to negotiate a construction contract for
the Water Treatment Plant Improvement Project Improvement Project with KG Walters
Construction Company. He explained the criteria for selecting KG Walters Construction
Company for this project and noted they would complete Phase 2 of the Water System
Improvement Project in the amount of $7,172,000. According to SPH, their "updated
construction cost estimate of $6,741,300 was revised to reflect recent inflation in
construction costs, which very closely matches the actual bid amount of $7,172,000
received from KG Walters."
M/S McCowen/Baldwin awarding bid to KG Walters for construction of the Water
Treatment Plant Improvement Project in the amount of $7,172,300, carried by the
following roll call vote: AYES: Councilmembers McCowen, Rodin, Baldwin, and Mayor
Ashiku. NOES: None. ABSTAIN: Councilmember Crane. ABSENT: None.
10. NEW BUSINESS
10a. Request Authorization For the City Manager to Negotiate and Execute A
Professional Services Contract With the Redwood Empire Officials
Association For Adult Sport League Officials and Scorekeepers
Community Services Supervisor Sangiacomo discussed his Staff Report with
Council and explained the difficulty of obtaining sports officials. In order to meet
program demand and maintain quality, he recommended the use of the Redwood
Empire Officials Association (Association) to perform officiating and scorekeeping for
the City's adult softball and volleyball programs. The Association currently provides
similar services for school sporting activities throughout Mendocino County.
M/S McCowen/Rodin approving authorization for the City Manager to negotiate and
execute a professional services contract with the Redwood Empire Officials Association
for adult sport league officials and scorekeepers, carried by the following roll call vote:
AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES:
None. ABSTAIN: None. ABSENT: None.
10b. Adoption of Resolution of the City Council of the City of Ukiah Opposing
Suspension of Proposition 42 Funding
Phil Dow, Executive Director of Mendocino County of Governments (MCOG), reported
that Proposition 42 suspensions to date have rendered $1.8 million unavailable to
MCOG for programming State Transportation Improvement Program projects in
Mendocino County, with an additional $1.2 million becoming unavailable if Proposition
42 is suspended in Fiscal Year 2005-2006. He recommended the City Council adopt a
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April 6, 2005
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resolution that is intended to send a message to state legislators that the transportation
community desperately needs funding and that the practice of balancing the state
budget with money the electorate said should go to transportation should be terminated.
MCOG and the other three incorporated cities in Mendocino County have already
passed similar resolutions.
M/S McCowen/Rodin adopting Resolution 2005-43 of the City Council of the City of
Ukiah opposing suspension of Proposition 42 funds by the California Legislature,
carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin,
Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
10. NEW BUSINESS
10d. Receipt of Audited Financial Statements For Fiscal Year 2003-2004
Finance Director McCann advised that the Fiscal Year title in the Staff Report should
be changed to 2003-2004. He briefly reviewed the Independent Auditors' Report and
explained that this is an unqualified opinion and there are no audit findings.
M/S McCowen/Crane accepting and filing the Audited Financial Statements for the
Fiscal Year ending June 30, 2004, carried by the following roll call vote: AYES:
Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None.
ABSTAIN: None. ABSENT: None.
10. NEW BUSINESS
10e. Approve Extension of Contract With Davis Hammon & Co. CPA For
Financial Audit Services For the Fiscal Year Ended June 307 2005 In An
Amount Not To Exceed $337435.00 and Authorize The city Manager To Si.qn
the Extension
Finance Director McCann recommended the City Council approve a one year
extension of the audit services contract with Davis Hammon & Company for City
services. In the coming months, the Finance Department will be committing significant
time and resources in the preparation of a budget for the new year, closing out the
current fiscal year on a timely basis and filling several key positions vacated by
management staff. The Finance Department plans to issue a Request for Proposal for
the next fiscal year.
M/S Rodin/McCowen authorizing the City Manager to sign an agreement with Davis
Hammon & Co. for fiscal year 2004/2005 financial auditing services in an amount not
to exceed $33,425.00 ($23,825 for City services, $4,600 for Redevelopment Agency
services, and up to $5,000 for changes in audit scope), carried by the following roll call
vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku.
NOES: None. ABSTAIN: None. ABSENT: None.
10f. (formerly 6a.) Adoption of Resolution Approving City of Ukiah Qualified
Contractors List for 2005
Councilmember Baldwin inquired about the process for identifying qualified
contractors.
City Clerk Ulvila and City Attorney Rapport explained the informal and formal bidding
Regular Ukiah City Council Meeting
April 6, 2005
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process and it was noted that the City is required by law to update this list each year
and staff must follow a specific procedure.
M/S Baldwin/McCowen adopting Resolution 2005-44 approving the City of Ukiah
Qualified Contractors List for 2005, carried by the following roll call vote: AYES:
Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None.
ABSTAIN: None. ABSENT: None.
11. COUNCIL REPORTS
Councilmember McCowen suggested agendizing discussion and possible action
regarding the Wilderness Bill, and whether the City should conduct local public hearings
regarding this matter.
Councilmember Rodin reported that she attended a meeting of the County Board of
Supervisors regarding the Wildness Bill. The Board listened to supporters of the bill;
however, they felt it wasn't the Board's business to request local public hearings
regarding the matter. She requested Council take the same action as the Board and
provide a letter of support for the bill but forego requesting local public hearings on the
matter.
Councilmember Baldwin explained that the City Council approved the bill in a public
hearing forum two years ago.
Councilmember McCowen also recommended Council discussion and adoption of a
resolution for In Home Support Services. He explained that this service is
recommended for cut backs in the proposed state budget budget. He also suggested
that Council agendize a moratorium on cannabis clubs in the City limits.
Councilmember McCowen explained that since there have been a lot of City positions
vacated recently; he suggests forming a subcommittee to review those jobs being
vacated for cost savings. Councilmembers McCowen and Crane agreed to meet with
the City Manager.
City Manager Horsley explained that the Personnel Department evaluates positions
and job duties as things change over time. That information is then taken to the
employee unions for their consideration. She reported that in the 1990's a classification
and compensation study was conducted for the City, based on job duties and
requirements, based on a classification system.
Councilmember McCowen also reported that he attended a MCOG meeting and he
discussed some of the upcoming transportation bills coming up which further suspends
Proposition 42 funding for the next two years and is described as a budget reform
measure by the state.
Councilmember Rodin reported on a letter from the Ukiah Valley Trail Group with
regard to possible vehicular access on the eastside of Lake Mendocino. The Group
does not support motorized or bike traffic on the trails. She inquired of the City Attorney
if there is legal action pending regarding this matter.
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April 6, 2005
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It was the consensus of the City Council to direct staff to look into this matter.
Councilmember Rodin discussed a letter from the Mendocino Employers Council
regarding the City's current water policy and when and why it was adopted. She
requested Council direct the City Manager to write a letter to the Employers Council
advising them of the upcoming water workshop.
Councilmember Baldwin reported that he spent 10 days in Mexico City and discussed
the smog in that city. He recommended Council consider smart growth methods and
consider the inversion layers of the Ukiah Valley.
Mayor Ashiku recommended that in the future, Councilmembers should advise the City
Manager of suggested agenda items.
Councilmember Rodin reported that she attended a Mendocino Transit Authority
(MTA) board meeting and they are facing a $300,000 deficit and may have to reduce
services.
11. CITY MANGER/CITY CLERK REPORTS
City Manager Horsley advised that staff is assembling brochures with information on
various permits and procedures. She reported that at the next Council meeting a public
hearing will be scheduled regarding fees. On April 19th there will be a Water Workshop.
She inquired of Council when to set the date for the Golf Workshop.
It was the consensus of Council to hold the Golf Workshop on May 4th.
12. CLOSED SESSION
No Closed Session.
13. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 9:04 p.m.
Marie Ulvila, City Clerk
Regular Ukiah City Council Meeting
April 6, 2005
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