HomeMy WebLinkAboutMin 02-02-05MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, FEBRUARY 2, 2005
The Ukiah City Council met at a Regular Meeting on February 2, 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,
Finance Director McCann, City Attorney Rapport, Airport Manager Richey, Community
Services Supervisor Sangiacomo, Planning Director Stump, Public Utilities Director
Ziemianek, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Councilmember Rodin led the Pledge of Allegiance.
3. PROCLAMATIONS/PRESENTATIONS/INTRODUCTIONS
3a. Presentation Regarding Mendocino County Animal Shelter- Gre.q Foss
City Manager Horsley provided a historical review of the Mendocino County animal
shelter facility and the City's relationship with the County. The City co-sponsored the
new facility.
Greg Foss, Director of the Mendocino County Animal Control, advised that the
cooperative relationship between the City and County is a public-private partnership.
He discussed the $2.2 million new animal shelter facility that was built on site and how it
has improved the support of the community and the shelter's volunteer services. He
went on to discuss services offered at the shelter such as surgeries and vaccinations.
He went on to discuss working with the City's animal control officer.
City Manager Horsley commented that this facility is a success story and the City's
investment in this program has been worthwhile.
3. pROCLAMATION/INTRODUCTION/SPECIAL PRESENTATION
3b. Special Presentation
City Manager Horsley advised that every year the City honors employees' of the year.
She announced that this year Jerry Gall is one of the recipients of this award. She went
on to discuss Mr. Gall's contribution to the City and his work as the City's Wastewater
Treatment Plant Supervisor.
Jerry Gall thanked his staff and the City for the award.
4. APPROVAL OF MINUTES
4a. Regular Meeting Minutes of December 157 200a.
City Clerk Ulvila recommended corrections to the minutes on:
· Page 7, the last sentence on the page should read "The City Council, by
unanimous consent, approved continuation of this matter to the February
2, 2005 meeting."
· Page 8, the first paragraph should be deleted from this page and inserted after
the discussion under item "1 la." on page 9.
Regular Ukiah City Council Meeting
February 2, 2005
Page 1 of 7
Councilmember Baldwin recommended a correction to page 5, the first sentence in
the second paragraph should read "Councilmember Baldwin commented that the EIR
states that the bridge would help meet the City's objectives for relieving traffic on Ford
Street without causing any significant traffic impacts."
Councilmember Rodin drew attention to the first paragraph on page 5 with regard to
the last sentence in the paragraph that begins "consequently". After some discussion
concerning the wording, it was the consensus of Council to substitute the word
"however" in place of "consequently".
M/S McCowen/Rodin approving the minutes of the December 15, 2004 City Council
meeting as amended, 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
M/S Rodin/McCowen approving items "a" through "c" of the Consent Calendar as
follows:
a. Adopted Resolution 2005-29 Approving Records Destruction (Public Utilities Dept.);
b. Awarded Bid for the Purchase and Installation of a Tank Liner for Lookout Drive from
New World Mfg. Inc. of Cloverdale, CA in the Amount of $5,390.58;
c. Adopted Ordinance No. 1062 of the Ukiah City Code Sections 6058 and 6060 in
Division 7, Chapter 1, Article 5, Entitled "Noise Regulation" and Section 1985 in
Division 1, Chapter 12 Entitled "Parks and Recreation Facilities".
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
Warren Sawyers discussed efforts by other cities to gain approval of a sales tax
measure on the ballot. He voiced his opposition to the Fire Department fire training
tower and ambulance service.
8. UNFINISHED BUSINESS
8a. Adoption of Resolution Making Appointment to the Airport Commission
7:02 p.m.: Councilmember Crane left the meeting.
The following applicants for appointment addressed the Council with regard to their
interest in being appointed to the Airport Commission: Greg Foss, Eric Crane, Allan
Hunter, and Carl Steinmann.
Airport Manager Richey advised that at the last Airport Commission, the Commission
reviewed the applications submitted by applicants and discussed the matter at length. It
Regular Ukiah City Council Meeting
February 2, 2005
Page 2 of 7
was the Airport Commission's recommendation to the City Council that Eric Crane be
appointed to fill the vacancy on the Commission.
M/S Ashiku/McCowen nominating Eric Crane to the Airport Commission.
Councilmember Baldwin voiced his opposition to sending applications to commissions
for recommendation. He felt it important to have a member of the community on the
Airport Commission rather than someone affiliated with the pilots association.
Councilmember McCowen shared Councilmember Baldwin's position with regard to
sending applications to commissions for recommendation.
Motion carried by the following roll call vote: AYES: Councilmembers McCowen,
Rodin, Baldwin, and Mayor ^shiku. NOES: Baldwin. ABSTAIN: None. ABSENT:
Councilmember Crane.
M/S Baldwin/Ashiku adopting Resolution 2005-30 making the appointment of Eric
Crane to the Airport Commission, carried by the following roll call vote: AYES:
Councilmembers McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None.
ABSTAIN: None. ABSENT: Councilmember Crane.
Councilmember Crane returned to the meeting at 7:26 p.m.
8. UNFINISHED BUSINESS
8b. Consideration of Policies for Amplified Sound in City Parks~ Streets~ and
Outdoor City Owned Facilities
Community Services Director DeKnoblough discussed his Staff Report to Council
with regard to Councilmember Baldwin's request for discussion concerning a proposed
resolution to establish policies for amplified sound in City parks and outdoor facilities.
Pursuant to Council's direction, staff revised two sample resolutions for Council's
consideration. He advised that City Attorney Rapport has reviewed these resolutions.
City Attorney Rapport provided an explanation concerning the differences between
the two resolutions and how they relate to the City's permit process.
Discussion followed with regard to: · Defining standards and restrictions in the resolution
· The use of amplified sound at City parks or in a public forum, and the possible
banning of amplified sound at certain parks due to the close proximity to
residential areas
· Various activities in which amplified sound might be used, such as weddings
· People not being aware of the City's restrictions
· Making a distinction between amplified music and amplified sound, i.e. hearing
aides, walkman's, cell phones, live music, and recorded music
· Having quiet parks
· Setting the maximum number of groups allowed in certain City parks and in the
Alex Thomas Plaza
Regular Ukiah City Council Meeting
February 2, 2005
Page 3 of 7
Councilmember McCowen was of the opinion that there is not much of a problem with
amplified sound in the City at the present time.
Community Development Director DeKnoblough explained that staff has researched
the matter and contacted other cities with regard to existing resolutions concerning
amplified sound. The information presented to Council is a result of that research. He
noted that there have been very few noise violations at the parks and the current Noise
Ordinance assists in enforcement.
Councilmember Baldwin responded to Councilmember McCowen's comment by
saying that society is reluctant to call and complain about issues.
City Attorney Rapport explained that the Community Services Director will develop
policies for community service events.
No action was taken by Council regarding this agenda item.
8:00 p.m.: Councilmember Baldwin left the meeting.
8. UNFINISHED BUSINESS
8c. Authorize City Manager to Approve Bartle Wells Associates7 Contract Lin,-,
Items 137 147 & 15 for Consulting Services Related to Financing th~
UD_~rade and Expansion of Water and Wastewater Systems
Finance Director McCann explained that as a result of the preliminary work, the Water
Treatment and Wastewater Treatment Plant Improvement Projects have grown in scope
and complexity. In order to fund this expanded work load, Bartle Wells Associates
(BWA) has asked for additional "Phase One" funding in the amount of $44,000. On
January 19, 2005, the Council approved proposed line item increases totaling $26,645
for all lines of Phase One except 13, 14, and 15. All three items deal with public
communication regarding the upcoming rate structure changes. He noted that BWA
has plans to provide public meetings to discuss water rate adjustments. The contract
for BWA is to bring both projects to completion.
8:03 p.m.: Councilmember Baldwin returned to the meeting.
Councilmember McCowen stated that he does not support this expenditure of funds.
It was his opinion that it is the consultant's job to convince the City that the rates are
justified and it is the City's job to explain it to the utility users.
Discussion followed with regard to:
· How to provide information to the public so they will understand why a rate
increase is needed
· The amount of Staff time negotiating with the consultant
· Having BWA available at radio stations and the media for debates on the issue
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February 2, 2005
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Finance Director McCann explained that this spring, the City will go through some
difficult times with regard to rate increases. It was his opinion that it is worth the
expenditure for contracting with a consultant, considering the bonds and the work that
needs to be completed in a certain timeframe. Any delay would be costly.
City Manager Horsley preferred that BWA provide a direct mailing to utility customers
rather than including information in utility bills.
City Attorney Rapport explained that the matter before Council is a modification of an
existing contract. BWA will bill based on their time and work. He explained that even if
BWA got to their dollar limit, they would still have to complete the work tasks.
M/S Rodin/Baldwin authorizing the City Manager to sign the contract amendment to
increase Phase One total to $74,000 plus reimbursable expenses as outlined in the
Staff Report and increase funds budgeted for the project; carried by the following roll
call vote: AYES: Councilmembers Crane, Rodin and Vice Mayor Baldwin. NOES:
Councilmember McCowen and Mayor Ashiku. ABSTAIN: None. ABSENT: None.
8. UNFINISHED BUSINESS
8d. Authorization City Manager to Direct Consultants to Mail Proposition 218
Notices and Schedule Public Hearing on Proposed Water Utility Rate
Changes
Finance Director McCann briefly discussed his Staff Report with Council and noted
this agenda item seeks the approval of Council for Bartle Wells Associates (BWA) to
work with staff to mail notices to affected parties for a public hearing on the proposed
rate changes, in accordance with Proposition 218.
M/S Baldwin/Rodin authorizing the City Manager to arrange for mailing of notices and
to schedule a public hearing on the proposed rate changes.
City Attorney Rapport explained that the content of the Public Hearing notice will
identify the date of the hearing and the rate changes in a way that will be
understandable and educate the public, and will contain all of the information required
by law. It was also noted that under Proposition 218 and the City's Code, a public
notice must be published and the City Manager's Report must be available to the public.
The notice will be mailed to every property owner of record that is receiving the City's
utilities. Sending the notice with the utility billing would not be adequate.
Motion carried by the following roll call vote: AYES: Councilmembers McCowen,
Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: Councilmember Crane.
ABSENT: None.
A brief discussion followed with regard to rounding off the dollar amounts for the rates
and City Attorney Rapport explained that Staff should not change the numbers.
al
UNFINISHED BUSINESS
Continue Item "Approval of Resolution Establishing An On-Site Traffic
Si_~nal Mitigation Fee for the Airport Industrial Park" to Council Meeting of
Regular Ukiah City Council Meeting
February 2, 2005
Page 5 of 7
April 67 2005
City Manager Horsley requested this item be further continued to April 6, 2005 to allow
for ongoing negotiations with developers in the Airport Industrial Park. By continuing
this item to a date certain avoids the expense of renoticing the public hearing.
M/S McCowen/Rodin to continue the item "Approval of Resolution Establishing an On-
Site Traffic Signal Mitigation fee for the Airport Industrial Park" to Council meeting of
April 6, 2005, carried by the following roll call vote: AYES: Councilmembers Crane,
McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None.
ABSENT: None.
9. NEW BUSINESS
9a. Discussion of Letter Submitted by Vice-Mayor Baldwin Concerning th~
Development at 100 West Standley Street
Councilmember McCowen recused himself from the meeting because he owns
property within 300 ft of the subject property.
Councilmember Baldwin discussed the letter he submitted to Council in the Staff
Report and requested that Council determine if the construction at 100 West Standley
Street conforms to Major Site Development Permit #03-27, which was approved by the
Ukiah Planning Commission on July 9, 2003. He went on to discuss the Conditions of
Approval associated with the project, especially as it relates to the stucco covered walls
and the four-story building being constructed. However, he noted the third floor is
constructed of concrete block and the fourth floor has corrugated tin.
Considerable discussion followed regarding the matter, including: · Neighboring buildings and the number of stories of those buildings
· Corrugated materials are not aesthetically pleasing
· How a citizen could appeal a Planning Commission decision
· The downtown design guildlines
Planning Director Stump explained that the plans submitted to the Planning
Commission did not indicate the type of exterior materials to be used on the building.
Planning Staff were led to believe the exterior was going to be stucco and the plans
were conditionally approved as submitted. He noted that the building permit also noted
that earthquake retrofit would be completed on a wall and a contractor planned to use
concrete blocks and stucco. After the penthouse was constructed and a complaint filed,
Staff polled the Planning Commission and four out of the five Commissioners stated that
the structure was what they expected.
City Attorney Rapport clarified that, based on his conversation with Director Stump,
the building permit was issued in accordance with the plans. In his opinion there is no
recourse. He explained that the Building Official reviewed and approved the plans and
Planning Staff approved the plans. He did not think there is anything that can be done
since the building permit has been issued.
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February 2, 2005
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Planning Director Stump discussed the Planning Commission's review of this project.
He noted that the Staff Report indicated that the walls would be stucco but the plans did
not. Staff received the information verbally from the applicant. He further explained that
Staff was told by the applicant that the walls would be stucco and the building permit
was filed two months after the Planning Commission's decision. There was a small
note on the building permit plans indicating that the building siding would be metal. The
Staff person reviewing the permit did not see this note. In the future, Staff will require
that specific materials be noted on the plans and that building permit plans will be
reviewed more carefully.
10. COUNCIL REPORTS
Councilmember Rodin reported that former Assembly member Virginia Strom Martin is
seeking a seat on the State Water Board and is requesting a letter of support from the
City Council.
Councilmember Crane reported he attended an NCPA meeting last week in Folsom.
11. CITY MANGER/CITY CLERK REPORTS
City Manager Horsley reported that if a Councilmember cannot attend a committee
meeting, they contact Executive Assistant Riley and she will make arrangements for the
alternate representative to attend. She distributed information from the Western Cities
magazine to Council. She noted that there will be a League of California Cities division
meeting in Ukiah on February 11th and encouraged City Councilmembers to attend and
show their support for Ukiah.
City Clerk Ulvila reported that she will be attending a Fair Political Practices
Commission (FPPC) seminar in Fortuna tomorrow and will be out of the office all day.
Adjourned to Closed Session at 8:56 p.m.
12. CLOSED SESSION
a. G.C. ~54957.6- Conference with Labor Negotiator
Employee Organization: Management Unit
Agency Designed Representative: Candace Horsley, City Manager
No action taken.
13. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 10:00 p.m.
Marie Ulvila, City Clerk
Regular Ukiah City Council Meeting
February 2, 2005
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