HomeMy WebLinkAboutMin 10-20-04 MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, OCTOBER 20, 2004
The Ukiah City Council met at a Regular Meeting on October 20, 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: Rodin, Andersen, Smith, Baldwin, and
Mayor Larson. Staff present: Risk Manager/Budget Officer Harris, City Manager
Horsley, Associate Planner Lohse, Finance Director McCann, City Attorney Rapport,
Deputy Public Works Director Seanor, Public Utilities Director Ziemianek, and Deputy
City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Airport Manager Paul Richey led the Pledge of Allegiance.
3. COMMENDATION/PROCLAMATION/PRESENTATION
3a. Commendation to Ben Mercado
Mayor Larson read the Commendation to Ben Mercado in recognition of saving the life
of his neighbor, Lisa Bercinni, from certain drowning.
Police Chief Williams, speaking as a representative of the Public Safety Department of
the City of Ukiah, commended Mr. Mercado for performing a life saving action and
recognized his rapid response to an emergency situation.
Frank Porzio, father of Lisa Bercinni, thanked Mr. Mercado and the City for recognizing
Mr. Mercado's heroic efforts.
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COMMENDATION/PROCLAMATION/PRESENTATION
Proclamation: October 2004 as Domestic Violence Awareness Month
Mayor Larson read the Proclamation proclaiming October 2004 as Domestic Violence
Awareness Month and recognizing that domestic violence is a critical issue that requires
a collaborative response from individual citizens and communities to prevent and
sensitively respond to domestic violence crimes.
Ana Araiza, representing Project Sanctuary, accepted the proclamation and discussed
goals to end domestic violence and sexual assault in the community.
3. COMMENDATION/PROCLAMATION/PRESENTATION
3c. Presentation of the 2004 Cultural Plan by the Arts Council of Mendocino
County
Trudy McCreanor, member of the Mendocino County Arts Council and Mendocino
Ballet, discussed the quality and diversity of arts in communities. She discussed
"Bridges to the Future", which brings forward local artists and regional cultural assets,
and the Arts Council Cultural Plan designed to promote economic development
opportunities.
M/S Smith/Andersen supporting the Arts Council Cultural Plan, carried by the following
roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor
Larson. NOES: None. ABSTAIN: None. ABSENT: None.
Regular Ukiah City Council Meeting
October 20, 2004
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3. COMMENDATION/PROCLAMATION/PRESENTATION
3d. Power Point Presentation of Valley Water Issues by Hal Wagenet
Hal Wagenet, Chairman of the Mendocino County Board of Supervisors, provided a
Power Point presentation to Council concerning the Ukiah Valley's water issues.
Ana Araiza, Ukiah, inquired about who has responsibility for the flow of water and rocks
or other obstacles that may cause a hazard in the Russian River in Potter Valley.
4. APPROVAL OF MINUTES
4a. Budget Hearings of June 29-30~ 2004
Deputy City Clerk Ulvila requested the minutes be continued to the next Council
meeting.
5. RIGHT TO APPEAL DECISION
Mayor Larson read the appeal process.
6. CONSENT CALENDAR
M/S Baldwin/Smith approving item "a" through "i" of the Consent Calendar as follows:
a. Approved Disbursements for Month of September 2004;
b. Received Report of Acquisition of Replacement Computer Equipment from Dell
Marketing, L.P. in the Amount of $8,690.08;
c. Received Report to the City Council Regarding Acquisition of Services from Spencer
Brewer for the Management/Production of the 2005 Sundays in the Park Concert
Series in the Amount of $7,500;
d. Authorized Director of Public Works to Execute a Change Order to Safety Striping
Service, Inc. in the Amount of $3,631.96 to Perform Additional Striping at the Ukiah
Regional Airport;
e. Authorized Budget Amendment for the City's Share of the County Animal Shelter
Facility Construction Costs;
f. Adopted Resolution 2005-11 Waiving the 60-Day Notification Requirement for
Establishing a County Facility in the City (275 Cherry Street), Pursuant to
Government Code 25351;
g. Adopted Resolution 2005-12 Approving Records Destruction;
h. Approved Extension of Contract with Jeff MacMillen for Golf Professional Services at
Ukiah Municipal Golf Course;
i. Authorized City Manager to Execute a Contract to Marvin's Garden Tree Service in
the Amount of $12,600 to Perform Emergency Tree Trimming Along Gibson Creek
Adjacent to Manor Oaks Mobile Home Park.
Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen,
Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None.
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7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Larry Puterbaugh, 768 So. Spring St., Ukiah, discussed his concern for the safety of
residents living near medicinal marijuana gardens in residential areas of Ukiah.
Regular Ukiah City Council Meeting
October 20, 2004
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City Manager Horsley explained that information regarding this matter will be
presented at the November 3, 2004 City Council meeting.
8. PUBLIC HEARING
8a. Approval of Woodbur¥ Maior Subdivision Map Application No. 03-57
Associate Planner Lohse discussed his Staff Report to Council and explained that
approval of the proposed Major Subdivision Map (#03-57) would allow the 2.99-acre
subject property to be divided into 38 individually owned townhouse lots and al .9-acre
lot that will contain common-use areas, including the existing access driveways, storage
lockers, and common recreation facilities. He discussed the background of the project
and approval by the Planning Commission of a Major Site Development Permit in 1986.
He explained that the proposed division of the site will establish uniquely-sized lots
designed to provide a specific housing niche that will cause few changes to the existing
development on the site or in the surrounding neighborhood. In addition, the lots
established by the approval of the tentative subdivision map are consistent with the
Ukiah General Plan goals and policies for medium density housing, the applicable use
and development standards of the R-2 Zoning District, and the Precise Development
Plan approved by the City Council as part of the previously approved Rezone to the PD
Combining District.
Public Hearing Opened: 7:33 p.m.
Cliff Ruzicka, civil engineer representing Mr. Woodbury's project, explained that the
units are called townhouses instead of condos, because the potential purchasers will
have title to underlying ground. He noted that, by state law, the existing tenants were
given the right to purchase the units.
Public Hearing Closed: 7:35 p.m.
M/S Rodin/Smith approving Tentative Subdivision Map for Major Subdivision Map
Application #03-57,carried by the following roll call vote: AYES: Councilmembers Rodin,
Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None.
ABSENT: None.
9. UNFINISHED BUSINESS
9a. Award of Bid for High Voltage Line Clearing and Tree Trimming at Various
Locations Within the City of Ukiah to West Coast Arborists~ Inc. in an
Amount Not to Exceed $407000 (Continued from 10/6/04-Andersen)
Public Utilities Director Ziemianek explained that this item was continued from the
last meeting because Council asked for further clarification of the bids for tree trimming
services. He reviewed the information contained in the Staff Report to Council.
Councilmember Andersen explained that he questioned the previous report because
of the close price margin and that it appeared that Davey Tree Service had won the bid.
However, once Staff recalculated the bids, it was found that Davey Tree Service
actually had the highest bid. He was satisfied with Staff's explanation of the bid results.
Regular Ukiah City Council Meeting
October 20, 2004
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M/S Rodin/Andersen awarding bid for high voltage line clearing and tree trimming at
various locations within the City of Ukiah to West Coast Arborists, Inc. in an amount not
to exceed $40,000, carried by the following roll call vote: AYES: Councilmembers
Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None.
ABSENT: None.
10. NEW BUSINESS
10a. Discussion and Possible Action Regarding Russian River Flood Control
District Supply Contract
City Attorney Rapport advised that the matter would be discussed in Closed Session
and that the purpose of the Closed Session is for the City Council to obtain legal advice
from its water rights attorney by speaker phone with regard to the potential for litigation,
and the attorney-client communication applies as part of the Brown Act.
10. NEW BUSINESS
10b. Approval of Fundin_cl En_clineering Review of Unnamed Watersheds
City Manager Horsley advised that the Inland Water and Power Commission (IWPC)
has requested that each agency approve funding for engineer George Rau to study
several creek watersheds in the Ukiah area and determine if there is sufficient flow to
provide winter water run off for storage. Mr. Rau's estimate was approximately $1,500
per watershed. There are four agencies in the IWPC, so if all five watersheds are
reviewed, this will mean approximately $2,000 per agency. City representative to the
IWPC, Vice-Mayor Baldwin, originally suggested the idea of these studies.
Councilmember Baldwin read a letter from Mike Dillabaugh, Chief of Operations for
this division, in which he responded to Ms. Pauley about the Army Corps of Engineers'
recommendation to raise Coyote Dam. Councilmember Baldwin stated that it would be
interesting to see how much water would be available from other drainage systems. He
also questioned whether it would cost more to impound water.
M/S Andersen/Smith approving funding of engineering review of watersheds, to be
determined, not to exceed $2,000, carried by the following roll call vote: AYES:
Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None.
ABSTAIN: None. ABSENT: None.
10. NEW BUSINESS
10c. Council Approval for the City Manager and Public Utilities Director to
Purchase Replacement Power
Public Utilities Director Ziemianek explained that as a result of the loss of Western's
contract on December 31, 2004, the City of Ukiah will need to replace approximately
21,100 megawatt-hours of energy spanning over 12 months during 2005. It is important
the City firm up replacement power with suppliers as soon as possible. He provided a
Power Point presentation to Council regarding the 2005 Need Evaluation, NCPA's pool
of electric energy usage, electricity prices, and NCPA's market conditions. He also
provided a summary of ISO and NCPA loads, natural gas spot market, forward natural
gas prices, and the electric price outlook.
Regular Ukiah City Council Meeting
October 20, 2004
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M/S Smith/Baldwin approving the City Manager and Public Utilities Director to
complete a power purchase, carried by the following roll call vote: AYES:
Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None.
ABSTAIN: None. ABSENT: None.
10. NEW BUSINESS
10d. Council Consideration and Direction to Staff with Regard to Interviewin.q
Applicants for Appointment to the City Council
Deputy City Clerk Ulvila explained that at the October 6th City Council meeting,
Council discussed options for filling the Council vacancy created by Councilmember
Andersen's resignation, effective October 31, 2004. At that time, it was the consensus
of Council to solicit applications from the public and from candidates running in the
November election. She requested Council's consideration as to whether it would like
to interview each applicant.
Considerable discussion arose regarding various options for filling the vacancy, such as
appointing a special committee to interview applicants and make a recommendation to
Council, whether the current City Council or the Council elected in November should
make the appointment, and not having Council interviews but allowing each candidate
to make a short presentation/statement to Council.
Councilmember Smith posed a hypothetical question of "If Councilmember Rodin and
Mayor Larson were not reelected, would they be eligible to apply for the vacancy".
City Attorney Rapport explained that, under the Fair Political Practices Commission
(FPPC) Act, there may be a conflict of interest since the Council position is salaried and
would result in the public agency paying them. He will provide Council with a legal
opinion regarding whether current Councilmembers could apply for the appointment if
they were not elected in the November election. He went on to discuss the criteria for
calling a special election. He noted that Council has until December 1st in which to fill
the vacancy or call a special election.
Tape 2a
Members of the audience that spoke to the issue were Ana Araiza, Gordon Elton,
John Mc Cowen, and Mark Ashiku.
It was the consensus of Council that each applicant would be allowed to provide a five
minute presentation and that the schedule be flexible so as to allow for a five minute
public comment period in between presentations. The presentations by the candidates
would take place at an Adjourned Regular Meeting of the Council on November 10,
2004 beginning at 5:00 p.m. The application deadline is noon on November 4th.
11. COUNCIL REPORTS
Councilmember Andersen apologized for his use of foul language earlier in the
meeting.
Councilmember Smith advised that although Councilmember Andersen did not fulfill
his commitment to the voters to serve four years, he wished him good luck in the future.
Regular Ukiah City Council Meeting
October 20, 2004
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Councilmember Baldwin was of the opinion that the issue of decorum warrants
community discussion. He reported that the meetings of the Inland Water and Power
Commission and the Ukiah Valley Sanitation have been fascinating.
9. CITY MANGER/CITY CLERK REPORTS
City Manager Horsley provided a gift to Councilmember Andersen for his service on
the City Council.
Adjourned to sit as the Ukiah Redevelopment Agency: 8:56 p.m.
Reconvened: 9:20 p.m.
Adjourned to Closed Session at: 9:20 p.m.
10.
CLOSED SESSION
a. CONFRERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section
54956.9(b) (1 case)
Reconvened at: 10:54 p.m.
10. NEW BUSINESS
10a. Discussion and Possible Action Regarding Russian River Flood Control
District SuDDIv Contract
M/S Smith/Rodin authorizing the City Manager to sign Water Supply Agreement,
carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith,
Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None.
11. ADJOURNMENT
There being no further business, the City Council meeting was adjourned at 10:55 p.m.
Marie Ulvila, Deputy City Clerk
Regular Ukiah City Council Meeting
October 20, 2004
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