HomeMy WebLinkAboutMin 12-01-04 MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, DECEMBER 1, 2004
The Ukiah City Council met at a Regular Meeting on December 1, 2004, the notice for
which had been legally noticed and posted, at 6:40 p.m. Roll was taken and the
following Councilmembers were present: McCowen, Rodin, Smith, Baldwin, and
Mayor Larson, as well as newly elected Councilmember Crane and newly elected
Mayor Ashiku. Staff present: Customer Service Supervisor Archibald, City Treasurer
Carter, Police Captain Dewey, City Manager Horsley, Finance Director McCann, Public
Works Director/City Engineer Steele, City Attorney Rapport, Police Chief Williams,
Public Utilities Director Ziemianek, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Mayor Larson and Councilmember Smith led the Pledge of Allegiance.
3. INTRODUCTIONS
a. Introduction of New Meter Readers
Customer Service Supervisor Archibald introduced Ezra Vigil and Jeff Walker,
recently hired employees who are now part of the Billing and Collection Department
team.
Ezra Vigil and Jeff Walker voiced their appreciation for being employed with the City.
4a. Regular Meeting Minutes of November 37 2004
City Clerk Ulvila advised of corrections to the minutes on page 7. The second
paragraph should read, "It was the consensus of Council to approve the Skate Park,
Anton Stadium Rehabilitation, and Ukiah Municipal Swimminq Pools Proiects as
proposed by Staff."
Also the following paragraph on page 7 that states the motion by Council, should
include the Resolution approving the Ukiah Municipal Swimminq Pools Proiects, and
should read, "... and Resolution 2005-23 approving the application for grant funds for the
Roberti-Z'Berq-Harris Nonurbanized Area Need-Basis Proqram under the California
Clean Water, Clean Air, Safe Neiqhborhood Parks, and Coastal Protection Act of 2002
for the Ukiah Municipal Swimminq Pools Rehabilitation Proiect."
Councilmember McCowen recommended the following corrections to the minutes:
Page 6: Add "John McCowen" to the list of speakers.
Page 7: Second paragraph under item "10d" should read, "It was the consensus of
Council to approve the Skate Park, Anton Stadium Rehabilitation, and Ukiah Municipal
Swimminq Pools Proiects as proposed by Staff."
Page 7: In the third paragraph under item "10d", the following wording should be added
to the last sentence, "and Resolution 2005-23 approving the application for .qrant funds
for the Roberti-Z'Berq-Harris Nonurbanized Area Need-Basis Proqram under the
California Clean Water, Clean Air, Safe Neiqhborhood Parks, and Coastal Protection
Act of 2002 for the Ukiah Municipal Swimminq Pools Rehabilitation Proiect."
Page 7: The fourth paragraph under item "10d" should read, "John McCowen voiced his
support for the Skate Park Project because matchinq funds would come from private
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December 1,2004
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sources, but expressed concern with the City providing matchinq funds for the other
projects given the budget deficit."
Page 8: In the fourth paragraph beginning with Vice Mayor Baldwin, the second
sentence should read, "He advised that he is se~ sad to see Mayor Larson leaving and
thought he was very generous with the public's expression at meetings."
Page 8: The first sentence of the fifth paragraph should read, "Mayor Larson
congratulated ___. Mari Rodin and Doug Crane for being elected to the City Council and
Mark Ashiku who was elected Mayor."
Page 8: The first sentence of the third paragraph under item "12" should read, "Deputy
City Clerk Ulvila reported to Council on the number of absentee and provisional ballots
that are still uncounted."
M/S Baldwin/Smith approving the Regular Meeting minutes of November 3, 2004, as
amended, carried by the following roll call vote: AYES' Councilmembers Rodin, Smith,
Baldwin, and Mayor Larson. NOES: None. ABSTAIN: Councilmember McCowen.
ABSENT: None.
4. APPROVAL OF MINUTES
4b. Adjourned Regular Meeting Minutes of November 107 2004
Councilmember McCowen recommended the following corrections to the minutes:
Page 1: Item 2, the correct spelling of "Mark Oswell" and add "Eloise Grothe" among
those speaking in support of John McCowen.
Page 2: Item "4a", the ninth paragraph of "City Attorney Rapport explained the process
of reconsidering a motion and parliamentary procedures", should be located before the
motion to reconsider adoption of the resolution.
City Clerk Ulvila advised that she listened to the tape recording of the meeting and
concurred that the comment by City Attorney Rapport should be placed before the
motion to reconsider adoption of the resolution.
Councilmember McCowen also recommended the following correction to Page 3; the
second sentence in the first paragraph should read, "The difference between a general
tax and a ~ special tax was explained by the City Attorney."
M/S Baldwin/Smith approving the Adjourned Regular Meeting minutes of November
10, 2004, as amended, carried by the following roll call vote: AYES' Councilmembers
Rodin, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: Councilmember
McCowen. ABSENT: None.
4. APPROVAL OF MINUTES
4c. Re_~ular Meeting Minutes of November 177 2004
City Clerk Ulvila recommended the draft minutes of November 17, 2004 be continued
to the next Council meeting.
5. CERTIFICATION OF NOVEMBER ELECTION AND ADMINISTRATION OF OATH
OF NEW COUNClLMEMBERS
a. Adoption of Resolution Declaring Results of Municipal Election of
November 27 2004 and Swearing in Ceremony for Mayor Mark Ashiku~
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December 1,2004
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Councilmembers Mari Rodin and Douglas Crane~ and City Treasurer R.
Allen Carter
City Clerk Ulvila advised that the Mendocino County Clerk has certified the results of
the City of Ukiah's Municipal Election held on November 2, 2004. The City Council
must now adopt a Resolution declaring the results of the Municipal Election. After the
Resolution is adopted, the newly elected officials may then be sworn into office by the
City Clerk.
M/S Rodin/Smith adopting Resolution 2005-24, reciting the fact of the General
Municipal Election held on November 2, 2004, declaring the results and such other
matters as provided by law, carried by the following roll call vote: AYES:
Councilmembers McCowen, Rodin, Smith, Baldwin, and Mayor Larson. NOES: None.
ABSTAIN: None. ABSENT: None.
City Clerk Ulvila administered the Oath of Office to Mayor-elect Mark Ashiku,
Councilmembers Mari Rodin and Douglas Crane, and to City Treasurer R. Allen Carter.
The new Mayor and Councilmembers then took their place at the dais and former Mayor
Larson and Councilmember Smith left the meeting.
6. RIGHT TO APPEAL DECISION
Mayor Ashiku read the appeal process.
7. CONSENT CALENDAR
M/S Baldwin/McCowen approving items "a" and "b" of the Consent Calendar as
follows:
a. Received Report to City Council Regarding Advertising For Vacancy on the Airport
Commission;
b. Received Notification of Purchase of 25,000 Pounds of C-1200 Aluminum
Chlorhydrate (ACH) Cationic Polymer From Polydyne Inc. for $0.35/Ib.
Motion carried by the following roll call vote: AYES: Councilmembers McCowen,
Crane, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT:
None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward.
9. NEW BUSINESS
9a. Authorization for City Manager to Execute a Contract for the Purchase of a
CNG-Fueled Sweeper Utilizing Funding from the Public Benefit Fund and
Grants
Public Works Director/City Engineer Steele discussed her Staff Report to Council
and explained the bid process and the initial cost and serviceability ramifications beyond
the initial cost for the street sweeper. The City owns two sweepers and both are long
overdue for replacement. Staff applied to the Mendocino County Air Quality
Management District for Carl Moyer Grant Funding for this project. The funding is
comprised of two parts: 1) approximately $45,000 from the Carl Moyer Grant and 2)
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December 1,2004
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$20,000 from local discretionary grant funding. Staff is very interested in pursuing a
CNG sweeper because of its Iow emissions and the potential for expanded use of CNG.
Chris Brown, Mendocino County Air Quality Control District planner, advised that it is
important to consider the Public Fleet Rule that is currently being developed at the Air
Resources Board in Sacramento, which would require all public fleets in Mendocino
County and all counties statewide to retrofit their diesel equipment with various
technologies, including existing equipment and newly purchased equipment. It was his
opinion that CNG would assist the City in accomplishing that goal.
Phil Ashiku, Ukiah, supported Staff's recommendation and thought it is a great use of
the Public Benefits Fund. He also encouraged Council to consider making CNG-fueling
accessible to the public.
City Manager Horsley explained that this will be a pilot program to see if the City can
expand its use to other vehicles. Once the line is installed to the Corp Yard, it has the
capacity to have an unlimited number of stations added to it. The City could also
provide public service in the future.
M/S McCowen/Rodin authorizing the City Manager to execute a contract for the
purchase of a CNG-fueled street sweeper from Municipal Maintenance Equipment for
the purchase price of $185,422.96 and that the purchase be funded with approximately
$138,634 of Public Benefit Fund proceeds, with the further understanding that additional
Public Benefit funding totaling approximately $120,000 will be required to complete the
necessary fueling system improvements.
Director Steele noted a typographical error on Attachment #5 in which the capital
installation cost was misstated. A corrected Attachment #5 was distributed to Council.
She also advised that the bids have been in since August. She spoke to the vendor of
the CNG sweeper and the supplier has a firm commitment from the factory on the
current unit. If there were a delay in approval of the bid, that cost would be at risk of
increasing.
Customer Service Supervisor Archibald responded to questioning by
Councilmember Baldwin by stating that this bid is approximately 90% of this year's
income to the Public Benefits Fund. However, some of these costs are one-time costs,
in particular the installation of the fuel station. Once those are paid for, the ongoing
costs of the fuel and maintenance are significantly lower than with liquid propane.
Motion carried by the following roll call vote: AYES: Councilmembers McCowen,
Crane, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT:
None.
gl
NEW BUSINESS
Authorization to Edge Wireless to Sublease a Portion of the City of Ukiah
Radio Tower to United States Cellular for the Addition of Three Cellular
Antennas
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December 1,2004
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Police Captain Dewey discussed his Staff Report with Council. He explained that the
City's contract with Edge Wireless allows Edge Wireless to seek partnerships with other
vendors for collocation on the tower. The contract calls for the City of Ukiah to consent
to any subleasing agreement between Edge Wireless and another vendor. Edge
Wireless has approached the City to sublease a portion of the tower to United States
Cellular to allow the addition of three cellular antennas at approximately the 60 foot
level. To ease visual impacts of the additional antennas, staff has negotiated with Edge
Wireless to have the antennas flush mounted. This requirement will ensure that the
new antennas have a limited visual impact.
Discussion continued with Captain Dewey fielding questions from Council related to the
design, size, and mounting of the antennas.
Councilmember McCowen recommended a provision be included in the new lease
signed by Edge Wireless with United States Cellular that it is in line with the same terms
and conditions of the original lease. A feature he would like to see in the lease with the
next carrier would also provide for an annual 5% increase in fees.
City Attorney Rapport advised that there are a number of provisions in the licensing
agreement that the City would want included. In the sublicensing agreement there is a
provision that if the operation of those antennas in any way interferes with the City's
communication equipment, the sub licensee is obligated to take steps to stop that
interference. It is important that the City consider this provision for both the sub
licensee and the licensee.
M/S McCowen/Rodin approving Edge Wireless sublease agreement with United States
Cellular, with all of the applicable provisions and Staff's recommended restrictions;
carried by the following roll call vote: AYES: Councilmembers McCowen, Crane, Rodin,
and Mayor Ashiku. NOES: Councilmember Baldwin. ABSTAIN: None. ABSENT:
None.
10. COUNCIL REPORTS
Councilmember Baldwin reported that he spoke to the City Manager about Council's
promise to bring the matter of noise enforcement back for discussion. He is concerned
about noise during the holiday season.
City Manager Horsley explained she is waiting for the Parks Department's report to be
completed and the matter is tentatively scheduled for the December 15th meeting for
Council's consideration.
11. CITY MANGER/CITY CLERK REPORTS
City Manager Horsley reported that she attended the IWPC meeting in which the
Redwood Valley Water District submitted a request to develop water at Mill Creek Dam
and they are looking at a variety of new water sources to develop. The agencies within
the area have an opportunity to protest or provide appeals to that permit request. At the
City Council's next meeting, Council will be discussing the City's protest letter because
the City is concerned about its water rights.
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December 1,2004
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She reminded Council of the Council Orientation Workshop scheduled for December 7th
at 9:00 a.m.
Mayor Ashiku requested the City Manager email to all Councilmembers the list of
committees that Councilmembers sit on. Councilmembers should consider the
committees of interest to them and provide the City Manager with a list. Appointments
to these committees are scheduled for the December 15th meeting.
City Clerk Ulvila requested that FPPC form 700 which was issued to the new
Councilmembers along with payroll information be returned to the City Clerk's office as
soon as possible.
12. CLOSED SESSION
None.
13. ADJOURNMENT
The~'e being no further., business, the City Council meeting was adjourned at 7:30 p.m.
Marie Ulvila, City Clerk
Regular Ukiah City Council Meeting
December 1,2004
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