Loading...
HomeMy WebLinkAboutMin 10-05-05 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 5, 2005 1. ROLL CALL Present: Councilmembers Crane, McCowen, Rodin, Vice-Mayor Baldwin, and Mayor Ashiku (arrived at 4:58 PM). Vice-Mayor Baldwin conducted the meeting until Mayor Ashiku arrived. Staff Present: Public Works Department Civil Engineer Eriksen, City Manager Horsley, Fire Chief Latipow, City Attorney Rapport, Community Services Director Sangiacomo, Planning Director Stump, and City Clerk Ulvila. 4:30 p.m.- 6:00 p.m.: Review~ Discussion~ and Formulation of Comments Concerning the Mendocino County Draft Ukiah Valley Area Plan Environmental Impact Report Planning Director Stump reported that Mendocino County has prepared a draft Environmental Impact Report (EIR) for the tentatively adopted Ukiah Valley Area Plan (UVAP). The EIR addresses the potential impacts of future development that would be allowed under the UVAP. He recommended Council discuss the EIR and formulate comments for the County's consideration. It suggests ways to minimize and/or eliminate significant impacts, and describes reasonable alternatives to the project. He discussed the EIR conclusions, as well as significant unavoidable adverse impacts if the valley were to build out according to the land uses and densities proposed in the UVAP. He also discussed project alternatives. Discussion followed with regard to concerns identified in the UVAP of: · Impacts to the City's infrastructure and ways to fund improvements · How the alternatives affect the amount of growth · A letter was distributed by Director Stump that was co-authored by City Attorney Rapport, regarding the sewer treatment plant and the property the City is trying to acquire · An increase in the amount of sewer hookups that the County is projecting they will need Public Comment Opened: 4:53 PM Members of the public that spoke to the issue included: Pinky Kushner, Mary Anne Miller, Lynda McClure, Dotty Coplen, Mary Anne Landis, Antonio Andrade, and Judy Pruden. Mayor Ashiku arrived at: 4:58 PM Discussion ensued with regard to the State of California mandating yearly growth in the City of Ukiah and meeting those mandates with sufficient land for housing. Maintaining industrially zoned properties was also discussed. Public Comment Closed: 5:50 PM Councilmember Baldwin recommended the matter be placed on the next Council agenda and that discussion of the UVAP be scheduled prior to the commencement of the regular meeting. He also recommended the City prepare a press release to the media announdng the meeting. Councilmember Rodin supported the suggestion of forming a small subcommittee to identify issues and produce a rough draft of the City Council's views. She recommended the subcommittee consist of two Councilmembers, Planning Director Stump, and a volunteer. Planning Director Stump noted that many good comments were heard at this meeting; however, most of the comments concern the UVAP, not the EIR which evaluates the impacts of the UVAP. He stated he is willing to meet with a subcommittee and would request an extension from the County with regard to the deadline for responses. Mayor Ashiku was of the opinion that more time is needed in a workshop setting to discuss the UVAP and EIR. Additional publicity may generate more public interest in the matter. Councilmember McCowen concurred that the matter should be included for a special meeting and that Staff request of the Board of Supervisors that the comment period be extended for 30 days. The City Council, by unanimous consent, directed Staff to schedule a special meeting/workshop concerning this matter and request that the Board of Supervisors extend the public comment period for 30 days. Recessed: 6:02 PM Reconvened: 6:22 PM 2. PLEDGE OF ALLEGIANCE(~:22:]5 PM Councilmember Crane led the Pledge of Allegiance. Mayor Ashiku advised that items "8a" and "9b" have been dropped from this agenda and would be agendized for a future meeting. Councilmember McCowen discussed his concern with a possible conflict of interest concerning the matter of formula businesses within the Downtown Business District of Ukiah and on Perkins and Gobbi Streets. He stated that he sent a letter to the Fair Political Practices Commission (FPPC) requesting their opinion because he owns real property within the District. Today he received a 50-page response from the FPPC but has not had an opportunity to review their comments. City Attorney Rapport advised that he would like to review the FPPC's response carefully before advising the City Council on the matter. 3. PRESENTATIONS/INTRODUCTIONS/PROCLAMATIONS6:26:06 PM Fire Chief Latipow provided an update of the communities in the disaster area of the recent hurricanes. He reported that he received an email from the city of Bogalusa, Louisiana in response to his previous discussions concerning the possibility of Bogalusa and the City of Ukiah developing a partnership. 4. APPROVAL OF MINUTES6:29: ! 8 PM 4a. Regular Meeting Minutes of June 87 2005 (Goals & Objectives) M/S Rodin/McCowen approving the Regular Meeting Minutes of June 8, 2005 as presented, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 4b. Special Joint Meeting of the City Council and Ukiah Valley Sanitation District of September 147 2005 and Electric Workshop6:29:47 PM M/S Rodin/McCowen approving the Special Joint Meeting Minutes of the City Council and the Ukiah Valley Sanitation District of September 14, 2005 as presented, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and MayorAshiku. NOES: None. ABSTAIN: None. ABSENT: None. 5. RIGHT TO APPEAL DECISION6:30:07 PM Mayor Ashiku read the Right to Appeal Decision. 6. CONSENT CALENDAR6:30:28 PM M/S Baldwin/Rodin approving the Consent Calendar items "a" through "f" as follows: a. Adopted Resolution 2006-13 Authorizing the Destruction of Certain Records (City Clerk and City Manager's Offices); b. Received Notification to Council Regarding the Award of Bid to Wipf Construction for Underground Utility Maintenance at Low Gap and Despina and Low Gap and North Bush; c. Rejected Claim for Damages Received from Anthony Gonzules and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; d. Awarded Bid to Shear Builders Inc. for the Purchase of Calstone River Rock Pavers for the Grace Hudson Museum's Native Plants Courtyard Project for the Amount of $3.30 Per Square Foot, to a Maximum Amount of $9,900 Plus Tax; e. Approved Notice of Completion for Distribution System Water Storage Expansion, Specification No. PU 04-08; f. Adopted Resolution 2006-14 Establishing the Schedule of Fees and Rates for Garbage and Recycling Collection Service for 2005/2006. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS6:3 ! :20 PM Ukiah Morrison discussed his objection to the City imposing a moratorium on medical marijuana dispensaries in the City. Patrick Duff discussed the danger of fire from growing marijuana indoors and urged Council to allow the growing of marijuana outdoors. al PUBLIC HEARING (6:15 P.M.)6:37:27 PM Continuance of Minor Subdivision Map-Subdivision Requirement Exception No. 05-19 3 Matter continued to the October 19, 2005 City Council meeting. 8b. Approval of Application to Demolish a Structure Over 50 Years Old Located at 125 Ford Street6:37:$0 PM Associate Planner Liston reported that the owners of the property located at 125 Ford Street have applied for a Demolition Permit to demolish a shop that is situated on the street-side portion of the site. The owners would like to demolish it in order to record an adjustment in boundary lines that was approved by the City Engineer on August 18, 2005. Public Hearing Opened: 6:41:18 PM Ukiah Morrison inquired as to how the building had previously been used. Planning Director Stump responded by stating that the building had previously been used as a print shop. Public Hearing Closed: 6:41:40 PM M/S McCowen/Crane approving the Demolition Permit for the structure located at 125 Ford Street based on the finding the structure does not have historical or architectural significance. Eric Idarius, applicant, noted that to the best of his knowledge, the building was constructed in the 1950's. Motion 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. Continued Discussion of Aggressive Doqs at City Events and Parksd:44:3 ! PM City Manager Horsley advised that this matter was originally brought to the attention of Council by Councilmember Rodin at the last meeting Council meeting. She noted that Staff is supportive of banning dogs from the concerts in Todd Grove Park. Councilmember Rodin stated that she concurred with the consensus of the City Council at the last meeting in that she supports banning all breeds of dogs from the Sundays in the Park Concert Series. Public Comment Opened: 6:47:06 PM Loretta Lazar and Kelly Boesel spoke to the issue of not banning a specific breed of dog from public events and discussed the importance of educating the public, parents and children with regard to being safe around dogs. Patrick Duff and Ukiah Morrison expressed their concern with the City Council banning dogs from concerts and noted they like to take their dog with them to events. They supported educating the public concerning dog safety. Richard Curtis requested Council continue the matter for 30 days. He felt education is the key. It was the consensus of the City Council to have a general discussion in March 2006 concerning the matter of banning dogs from public events. 9b. Interim Urgency Ordinance Imposing a Moratorium on Formula Businesses Within the Downtown Business District and on Perkins and Gobbi Streets This matter was continued until further notice. 9c. Update and Discussion of 30-Year Budget ForecastT: 16:58 PM Finance Director McCann stated that this report is being provided for the purpose of updating the long-term budget forecast model initially developed and presented in February 2005. Looking at the 2006-2010 fiscal years, the Finance Department forecast an annual deficit of $959,222, totaling $4,796,110 over the four-year period. A smaller annual deficit was forecast for 2011 through 2015. He discussed three items which significantly improve that forecast as the City finishes the current budget cycle. He provided Council with a final line item report for review that reflects projected growth rates in the City budget based on the projected revenues. Mayor Ashiku stated that there is a request from a Councilmember to hear item "10 a" next. He polled the Council and it was the consensus of the Council to hear item "10a" next. 7:25:51 PM 10. NEW BUSINESST:26:29 PM l Oa. Discussion and Direction Regarding the Cleveland Lane Drainage Ditch and Authorization of the City Manager to Negotiate and Enter into a Professional Services Agreement with Water Resources Consulting Services to Provide a Conceptual Design and Feasibility Study for Detention on City Owned Property Along the Cleveland Lane Drainage Watershed Public Works Department Civil Engineer Eriksen reported that in September 1998, the Public Works Department received a petition from Mr. Darryl Bragg, who represented several residents within the Marshall Street subdivision, and the Alex Thomas Company. Their petition proposed to share the cost with the City for undergrounding the existing open ditch located along the common line between the Marshall Street and Cleveland Lane subdivisions and the commercial property owned by the Alex Thomas Company. Former City Engineer Rick Kennedy was hired as an independent consultant to produce a study that would include design alternatives and an Engineer's cost estimate for the proposed project alternatives. That study was completed in January 2003 and provides 12 alternatives that range in cost from $115,000 to $341,000. Mr. Eriksen reported that Staff has concerns that undergrounding the ditch will likely increase the frequency of flooding, and that development of undeveloped or underdeveloped properties within the watershed will ultimately add demand for handling storm water flows. Staff contacted and met with water resources consultant Rick Van Bruggen to discuss the possibility of constructing an underground detention basin on City property or other suitable land situated somewhere within the affected watershed. Mr. Van Bruggen has provided the City with a proposed scope of work that will utilize the hydrologic/hydraulic data from the Kennedy study to develop a design hydrograph. Public Comment Opened: 7:30:57 PM Ralph Gomes, a property owner on Marshall Street, noted that his garage is beginning to be undercut and soon his building will fall into the trench. He voiced his support for Staff's proposal. Darrell Bragg preferred installing a three foot pipe to fix the drainage problems. He stated that all of the property owners on both sides of the easement are willing to pay for the pipe. Public Comment Closed: 7:39:13 PM Discussion followed with regard to: · The Kennedy study · The scope of work plan provided by Mr. Van Bruggen · Working with the California Department of Fish and Game concerning any work need in the creek Public Works Director Steele noted that construction of a detention facility would not involve a Fish and Game permit. It would enhance the ability to underground the ditch in a pipe, by reducing peak storm water flow volumes. The City would need to apply to the Dept. of Fish and Game for a permit to underground the ditch or otherwise modify it. She noted that there will continue to be erosion and flooding attributable to the ditch this rainy season. If the Public Works Department had the money, permits and manpower, it would be possible to complete installation of the underground pipe this year. M/S Baldwin/Crane directing staff to pursue the feasibility of undergrounding the Cleveland Drainage Ditch utilizing detention on City property and authorizing the City Manager to negotiate and enter into a Professional Consulting Services Agreement with Water Resources Consulting Services (WRCS) in order to conduct a study that will provide a hydrograph and a conceptual design for a feasible and cost effective means of storm water detention at a total compensation not to exceed $8,000. Councilmember McCowen recommended the City ask the consultant to consider the effects of undergrounding the stream. He suggested the funds the neighbors are willing to contribute could be used to reinforce the bank on their side. He stated the City should explore what it would cost to revise the study in this regard. Director Steele responded that this consultant studies water qualities and flow rates. Staff could ask him to look at that segment of the system and perform the calculation with a pipe or with an open channel. Councilmember McCowen recommended the motion be revised to include Director Steel's recommendation. Councilmembers Baldwin and Crane were supportive of the recommendation, and revised the motion to support the revised work description, in addition to allowing funding up to $10,000. They also recommended Staff not pursue the permit process with the Dept. of Fish and Game until the study is finished. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. Recessed: 7:58:14 PM Reconvened: 8:07:34 PM 9d. Authorization of Award of Bid to Emergency Services Consulting Inc. for Development of a Fire Department Master Plan 8:07:38 PM Fire Chief Latipow discussed his Staff Report to Council in which he recommended a contract be awarded to Emergency Services Consulting Inc., the lowest bidder, for the development of a Fire Department Master Plan. Given the importance of the stakeholder's input, he recommended a community meeting, as identified in the report, be conducted as the first step in the process. The workshop would be designed to solicit input from the City Council, residents and business owners, other emergency service providers within the region, fire department members, and other key stakeholders. M/S Baldwin/Rodin awarding Emergency Services Consulting Inc. the contract to develop a Master Plan for the Fire Department and authorizing the City Manager to execute the required contract, motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 9e. Authorization of Award of Bid for Trailer Mounted High Pressure Breathing Air System to Mallory Fire8:32:52 PM Fire Chief Latipow reviewed his Staff Report with Council and discussed how the Fire Department developed the specifications that would best serve the City and its partners in the Ukiah Valley. An analysis of the bids submitted to the Fire Department resulted in its recommendation that Mallory Fire be awarded the bid for one trailer mounted high pressure breathing air system. Discussion ensued with regard to: · The need for a mobile compressor system during training exercises and when responding to structure fires. · The advantages of having a mobile unit would allow the Department to fill bottles at the site of a fire, it could be made available to other fire departments in the Ukiah Valley, and would be beneficial in responding to a major incident. Councilmember Crane inquired about the specifications of the equipment and expressed his concern with the amount of money needed for this equipment and recommended lower cost alternatives. M/S Baldwin/Rodin awarding Mallory Fire the bid to provide the City one trailer mounted high pressure breathing air system in the amount of $88,851.73, motion carried by the following roll call vote: AYES: Councilmembers McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: CouncilmemberCrane. ABSTAIN: None. ABSENT: None. 9f. Review of Fire Department's Capital Equipment Replacement Needs anti Possible Action9:13:25 PM Fire Chief Latipow discussed his Staff Report and recommended options with Council and recommended the elimination of the 1971 Van Pelt Fire Engine from the equipment list. M/S McCowen/Crane supporting part A of Option IV and authorizing the purchase of the used 2001 American LaFrance Fire Engine from Fire Trucks Plus in the amount of $262,762.50 (includes $17,762.50 sales tax). Councilmember Rodin requested the motion be amended to include the purchase of a new ladder truck and used engine. Councilmember McCowen preferred not to change the original motion. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, and Mayor Ashiku. NOES: Councilmembers Rodin and Baldwin. ABSTAIN: None. ABSENT: None. 9g. Award of Bid for New % Ton Fire Department Pick-up to Miata Chevrolet Olds9:52:07 PM Discussion of the agenda item was waived. M/S McCowen/Baldwin authorizing staff to award the bid to purchase one new Fire Department 3/4 ton pick-up truck to Miata Chevrolet Olds in the amount of $28,580, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and MayorAshiku. NOES: None. ABSTAIN: None. ABSENT: None. 11. COUNCIL REPORTS9:57:45 PM Councilmember McCowen reported that he attended a Mendocino Council of Governments (MCOG) meeting on Monday. A motion to agendize discussion of the MCOG funding commitment to the Hopland Bypass failed on a 4-4 vote. By consensus, it was agreed that the member agencies would agendize the issue for discussion by the respective bodies. City Manager Horsley reported that she invited Phil Dow, MCOG's Executive Director, to attend the next Council meeting to discuss the Willits and Hopland Bypass Projects, as well as the availability of funds for other projects. 12. CITY MANAGER/CITY CLERK REPORTS9:59:25 PM City Manager Horsley requested that the Closed Session be postponed until the October 12, 2005 City Council meeting. Mayor Ashiku requested that the Ukiah Redevelopment Agency meeting be continued to the next meeting. The City Council unanimously concurred with City Manager Horsley and Mayor Ashiku's recommendations. No Closed Session 13. CLOSED SESSION a. CONFERENCE WITH LABOR NEGOTIATOR~ Government Code ~54957.6 Employee Negotiations: Directors, Miscellaneous Units, and Fire Department Negotiator: Candace Horsley No action taken 14. ADJOURNMENT There being no further business, the meeting was adjourned at 10:00 p.m. Marie Ulvila, City Clerk