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HomeMy WebLinkAboutMin 09-07-05 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting Minutes CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 7, 2005 ROLL CALL 5:24:24 PM Present: Councilmembers Crane, McCowen, Rodin, Baldwin (arrived at 5:45 p.m.) and Mayor Ashiku. CLOSED SESSION: 5:24:40 PM CONFERENCE WITH LABOR NEGOTIATOR~ Government Code ~54957.6 Employee Negotiations: Directors Negotiator: Candace Horsley No action taken. 1. ROLL CALL 6:06:32 PM Present:. Councilmembers Crane, McCowen, Rodin, Baldwin (arrived at 5:45 p.m.) and Mayor Ashiku 2. PLEDGE OF ALLEGIANCE6:06:36 PM 3. PROCLAMATIONS6:07:03 PM 3a. September 2005: 85th Anniversary of the 19th Amendment6:07:14 PM Councilmember Rodin read the Proclamation proclaiming the month of September as the 85th Anniversary of the 19th Amendment and urged all residents to participate in the scheduled event. Katarzyna Rolzinski thanked the City Council for the Proclamation. 3b. Proclaiming September 24, 2005 as Green Living Day6:10:56 PM Councilmember Baldwin read the Proclamation proclaiming September 24, 2005 as Green Living Day and urged all residents to participate in the scheduled event and to make practical ecological choices throughout the year in order to live in harmony with nature and our community. Larry Sheehy accepted the Proclamation and discussed events associated with "Ecopalooza". 4. APPROVAL OF MINUTES 4a. Regular Meetin~ Minutes of June 1,20056:15:35 PM Minutes continued to next Council meeting. 4b. Special Meetin_~ Minutes of June 8~ 2005 - Goals & Obiectives Workshop 6:15:55 PM Minutes continued to next Council meeting. Regular Meeting of September 7, 2005 Page 1 of 8 4c. Regular Meeting Minutes of June 15, 20056:15:59 PM Councilmember McCowen recommended a correction to page 4, that the first motion on the page should read "M/S McCowen/Rodin". Councilmember Rodin concurred. He also recommended a correction to page 5; the first paragraph should read "Councilmember McCowen recommended limiting cultivation to six (6) plants per parcel in residential areas." M/S McCowen/Rodin approving the Minutes of the Regular Meeting of the City Council for June 15, 2005 as amended; and carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, Mayor Ashiku NOES: None ABSENT: None. ABSTAIN: None 4d. Joint Meeting Minutes of the City Council & Ukiah Valley Sanitation District of June 27, 20056:18:00 PM M/S Rodin/McCowen approving the Minutes of the Joint Meeting of the City Council and Ukiah Valley Sanitation District for June 27, 2005 as presented; and carried by a unanimous voice vote of the Council. 4e. Adjourned Regular Meeting of June 27-28, 2005 - Budget Hearin.q6:18:27 PM M/S Rodin/McCowen approving the Minutes of the Adjourned Regular Meeting of the City Council for June 237-28, 2005 as presented; and carried by a unanimous voice vote of the Council. 4f. Regular Meeting Minutes of July 6, 20056:19:36 PM M/S McCowen/Crane approving the Minutes of the Regular Meeting of the City Council for July 6, 2005 as presented; and carried by a unanimous voice vote of the Council. 4g. Regular Meeting Minutes of August 3, 20056:19:57 PM M/S McCowen/Baldwin approving the Minutes of the Regular Meeting of the City Council for August 3, 2005 as presented; and carried a unanimous voice vote of the Council. 5. RIGHT TO APPEAL DECISION6:20:35 PM Mayor Ashiku read the appeal process. 6. CONSENT CALENDAR6:21:15 PM Councilmember Baldwin recommended that item "o" be removed from the agenda for discussion. M/S McCowen/Rodin approving Consent Calendar items "a" through "n" and "p" through "s", with item "o" agendized as item "gf", as follows: a. Received Notification To Council Regarding The Award Of Bid For Two Electrical Vault Collars And Lids InThe Amount Of $7,700.55; b. Received Notification To Council Regarding The Award Of Bid For 4,500 Ft. Of #2 AWG Aluminum, 15KV, EPR Insulated Single Conductor, Jacketed Concentric Neutral, Underground Cable To The Okonite Company In The Amount Of $5,970.61; c. Rejected Claim for Damages Received from Kathleen Ellis and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; d. Received Notification of Budgeted Purchase Award to Geo. E. Honn Co., Inc. in the Regular Meeting of September 7, 2005 Page 2 of 8 Amount of $6,381.38 for a Voltage/Current Meter-Recorder with Power and Harmonics Recording Capability, and One Set of 24" Flex Current Transformers; e. Received Notification of Budgeted Purchase Award to Marsh-McBirney Corporation in the Amount of $9,309.30 for Two FIo-Mate Velocity Meters; f. Received Notification Of Budgeted Bid Award To Canon USA In The Amount Of $8,363.49 For the Purchase of Non-Video Camera Equipment With Pipe Accessories; g. Rejected All Bids For Four Wheel Drive Pick Up; h. Authorized City Manager to Sign Airport Layout Plan Documents; i. Received Notification to the City Council Concerning the Emergency Replacement of a Heating/Air Conditioning Unit on the Flight Service Station Building at the Ukiah Regional Airport in the Amount of $5,820.71; j. Adopted Policy Resolution 33 Amending Council Meeting Procedures to Change the Starting of Public Hearings; k. Received Notification to the City Council Regarding the Removal and Replacement of the Effluent Piping at Well #3 by Wipf Construction for a Price notto Exceed $9,200.00; I. Received Report of the Acquisition of Services from John's Excavating for Removal of Underground Storage Tanks in the Amount of $6,785.89 and Approve Budget Amendment in the Amount of $6,785.89; m. Authorized Expenditure of $27,288 for Environmental Compliance Services at the Ukiah Solid Waste Disposal Site; n. Awarded Bid for Various Size Pole Mount and Pad Mount Transformers in the Amount of $51,501.23; p. Received Repo~ to City Council Regarding the Annual Purchase of Fe~ilizer, Grass Seed, Insecticide and Fungicide from Sierra Pacific Tuff Supply for the Ukiah Municipal Golf Course in the Amount of $8,408.03; q. Received Repo~ to City Council Regarding the Annual Purchase of 50 Tons of Top Dressing Sand and 50 Tons of ~20 Deep Coring Sand for the Ukiah Municipal Golf Course from Borges Transfer in the Amount of $5,583.82; r. Approved Final Subdivision Map for Woodbu~ Major Subdivision; s. Received Repo~ to City Council Regarding the Purchase of Three Itron Fc200 Hand Held Data Collectors and Communication Cradles from National Meter & Automation. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku NOES: None ABSENT: None ABSTAIN: None 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS6:22:37 PM Ana Araiza inquired if the City had hired or recruited for bilingual or bicultural police officers. She also inquired as to the disposition of the bicultural committee and its purpose. Michael Toms read from a prepared statement "White Flags and Cotton Grass" by Terry Tempest Williams. He proposed that the City Council establish a sister-city relationship with a city in Louisiana in support of the recent tragedy. 9. NEW BUSINESS 9b. Discussion and Possible Appointment of Representative to the Mendocino County Library Board6:36:26 PM: City Manager Horsley advised that Library Board Chairman Jay Lewis is requesting a Regular Meeting of September 7, 2005 Page 3 of 8 Councilmember be selected for representation on the Library Board, beginning with the September meeting. A brief discussion followed concerning the history of why a City representative is needed on the Board, the locations of the Board meetings, and whether the City's representative needs to be a member of the City Council. Mr. Michael Toms volunteered to attend the Board meetings as the City's representative when a Councilmember is unable to attend. Additionally, it was the consensus of the City Council that Councilmembers Baldwin and Rodin, and other members would share as the City's representative. In the meantime, City Manager Horsley would inquire of the Library Board if the City Council could appoint a member of the community as their representative. 8. PUBLIC HEARING 8a. Continuance of Minor Subdivision Map-Subdivision Requirement Exception No. 05-19 6:45:34 PM Mayor Ashiku advised that this item is continued to the September 21, 2005 Council meeting. 8. PUBLIC HEARING 8b. Consideration and Direction Concerning the Planning Commission's Recommended Revisions the City Sign Regulations6:45:56 PM Over the past several years, Staff and the Planning Commission have been working on revising the City's sign regulations. The original direction to undertake this project was provided by the Planning Commission and the City Council after a series of public discussions about the existing regulations. This item is intended to provide a City Council public hearing process to consider the Planning Commission's recommendations. Public Hearing opened: 6:46:34 PM Butch Bainbridge, owner of Paramount Signs, expressed his views concerning the current sign regulations and recommended the regulations be flexible to consider various situations concerning business frontages. Public Hearing closed: 7:02:16 PM Discussion continued and it was determined that Councilmembers had numerous questions regarding the proposed sign regulations, including flags and flag pole height. A suggestion was made for Council to conduct a workshop on the proposed sign regulations to solicit input from the public. 7:19:40 PM A consensus of Council allowed a member of the audience to speak on the matter. Ukiah Morrison discussed negative symbolism associated with flags. 7:26:07 PM Regular Meeting of September 7, 2005 Page 4 of 8 City Attorney Rapport advised that he would like the opportunity to review the legality of providing a reasonable amortization period if the City requested a sign be removed. He recommended he and staff have an opportunity to review Council's questions/concerns regarding the matter in advance of a workshop. 7:44:]<5 ?1VI A consensus of the Council directed staff to arrange a date for a workshop. 7:44:1 g P1V[ Recessed 7:44:4(~ PNI Reconvened NEW BUSINESS 9a. Discussion and Direction Re.qardin.q Application of LAFCO Policy to Annexation Of Property in Brush Street Trian.qleT:$7:24 ?M City Attorney Rapport explained that this item asks the City Council to decide whether City officials should appear at the September 12, 2005 meeting of the Local Agency Formation Commission (LAFCO) and support or oppose a LAFCO policy that would require Mendocino County to approve "development plans" for property before LAFCO will accept an application to annex the property into the City of Ukiah. He continued to discuss items contained in his Staff Report to Council. Considerable discussion followed with regard to the following: · Annexation procedures · Requirements and definitions for a tentative map, specific plan, development plan, and rezoning · Issues related to a General Plan Amendment · Rural Communities Housing Development Corporation's (RCHDC) proposed project in the Brush Street Triangle and how the Mendocino County Planning Department's review of the proposed development might differ from the City's standards · Inviting LAFCO's Executive Director to attend the next City Council meeting for discussion of the matter · City Attorney Rapport discussed his legal concerns as referenced in the Staff Report Public comment period opened, g: ] 0:05 Members of the public that spoke in support of a development plan for the area were: Pinky Kushner, Ken Anderson, and Ann Kelly. Maxine Stephens, Ford Street, Ukiah, discussed her concern with traffic in Wagonsellers' neighborhood and the need to construct a bridge across Orchard Avenue before development begins. She noted the need for green belts and parks in that area.. Mary Anne Miller, Dora St., made inquiries concerning a map of the area in question, the City's boundaries, and the scope of the development proposed for the area. Richard Shoemaker, State and Brush Street, voiced his support for annexation of the property into the City. Regular Meeting of September 7, 2005 Page 5 of $ Public comment period closed: 8:43:56 PM Considerable discussion ensured with regard to: · Extending a development plan for more than 39 acres associated with the proposed annexation to include the Brush Street Triangle and possibly both sides of Highway 101 to the north of the City limits · Consideration of demands on the City's infrastructure and how it would be funded should annexation occur · The City should continue negotiations with the County regarding a tax sharing agreement · City staff and County staff working together on development standards for annexation projects · Concern was expressed that if a proposal for development is acceptable to the County, it may not meet City standards It was the consensus of the Council to direct Staff to invite Executive Director Frank McMichael to the next Council meeting for discussion. 9c. Discussion Concerning Various Inland Water and Power Commission Issues0:]3:32 PM City Manager Horsley advised that the Inland Water and Power Commission (IWPC) have asked each agency to discuss several topics before the IWPC Commission makes a final decision. The two areas of concern are 1) Russian River Watershed Association (RRWA) Membership and 2) Water supply studies on various creeks. Discussion followed with regard to: · Should the City participate in the level of financial commitment for IWPC with the RRWA for this fiscal year is $9,481 which is split four ways. · Does the IWPC need to be a member of the RRWA? · Staff's recommendation that the City keep its membership in both because it participates in several projects It was the decided by the unanimous consent of the Council present that the City should share in the cost of the financial commitment for IWPC's membership with the RRWA if the other members desired to continue the membership. Discussion followed with regard to: · Water feasibility studies, water rights, and the storage of water · The City's approval of $2,000 towards funding on various creeks in the region, to determine potential water supply sources · Whether the Redwood Valley Watershed Study is financially feasible · A suggestion was made of the Ackerman Creek that borders the Lovers Lane property being developed as a water reservoir instead of homes It was the consensus of the City Council to move forward using the $2,000 and obtain further information with regard to exploration of all avenues for water. 9d. Discussion and Possible Approval of Settlement Agreement-Ford Street/Sidnie Regular Meeting of September 7, 2005 Page 6 of 8 Court Nei.qhbors The substance of this item will be discussed by Council in Closed Session. 9e. Discussion and Possible Approval of Settlement Agreement: Northern California River Watch v. City of Ukiah The substance of this item will be discussed by Council in Closed Session. 9f. (formerly 6o.)Request for Approval of Economic Development Manager/ Assistant to the City Manager Job Description and Salary Classification9:29:$0 PM The City Council approved a new position of "Economic Development Manager/Assistant to the City Manager" at its fiscal year 2005/2006 budget hearings, based upon two years' partial funding through a grant and funding through the Redevelopment Agency. Councilmember Baldwin inquired as to the responsibilities of the Economic Development Manager/Assistant to the City Manager. M/S Crane/McCowen approving the request for approval of an Economic Development Manager/Assistant to the City Manager job description and salary classification; and carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, Mayor Ashiku NOES: None ABSENT: None ABSTAIN: None 10. COUNCIL REPORTS 9:47:13 PM Councilmember Crane reported that the Northern California Power Authority (NCPA) held a telephone vote today regarding the formation of the Sierra Nevada Power Agency (SNPA). SNPA has been established to facilitate partnerships for acquisition of existing facilities for various members of NCPA and possibly external bodies. SNPA provides an additional level of flexibility for NCPA. Councilmember McCowen reported that the Gang Coalition will be meeting tomorrow at 6:00 p.m. at the Public Health Department. Councilmember Rodin requested the matter of hiring at least two police officer positions that are bilingual be agendized at the next Council meeting. 11. CITY MANAGER/CITY CLERK REPORTS9:$0:13 PM City Manager Horsley reported that President Bush has sent a Proclamation to all cities to lower the flags for two weeks in remembrance of the Hurricane Katrina victims. She reported that Fire Chief Latipow is going to Sacramento and is one of the key people organizing California's response to the Hurricane Katrina victims. The state will pay for his time there. Discussion followed with regard to the whether the City could provide financial assistance to the victims as well. It was noted that several programs are being organized in the state and at the local level to assist the victims. It was the consensus of Council to agendize for consideration ways to provide assistance to Katrina victims. City Manager Horsley noted that Fire Chief Latipow may be able to Regular Meeting of September 7, 2005 Page 7 of 8 provide the Council with options in that regard. City Manager Horsley noted that Staff is attempting to reschedule an Electric Workshop and Ukiah Valley Sanitation District (UVSD) meeting. It was the consensus of Council that the joint meeting with the UVSD should be held at the Ukiah Valley Conference Center beginning at 5:00 p.m. on September 14, 2005. 12. CLOSED SESSlONg:$$:56 PM a. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION Ukiah v. Mattern, Mendocino Superior Court No. SCUK CVG 0594844 b. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION FordSt./Sidnie Court Neighbors v. Ukiah, Mendo. S.C. No. SCUKCV 05-94063-003 c. CONFERENCE WITH LEGAL COUNSEL, - EXISTING LITIGATION - Northern California River Watch v. City of Ukiah, Federal District Court, Northern District of California, CASE NO: C04 4518 CW Reconvened: 10:35 p.m. 9d. Discussion and Possible Approval of Settlement Agreement-Ford Street/Sidnie Court Nei.qhbors M/S McCowen/Crane to approve settlement in Fort Street/Sidnie Court Neighbors v. Ukiah as submitted to the City Council; and carried by a unanimous voice vote of the Council present. 9e. Discussion and Possible Approval of Settlement Agreement: Northern California River Watch v. City of Ukiah M/S McCowen/Crane to approve settlement in Northern California River Watch v. City of Ukiah as submitted to the City Council; and carried by a unanimous voice vote of the Council present. 10:36 p.m. Adjourned 13.ADJOURNMENT TO SPECIAL MEETING OF SEPTEMBER 1472005 COMMENCING AT 4:00 P.M. AT THE UKIAH VALLEY CONFERENCE CENTER Marie Ulvila, City Clerk Regular Meeting of September 7, 2005 Page 8 of 8