HomeMy WebLinkAboutMin 11-16-05 CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
November 16, 2005
1. ROLL CALL 6:05:45 PM
Present: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku.
Staff Present: City Manager Horsley, Fire Chief Latipow, Finance Director McCann, City Attorney
Rapport, Planning Director Stump, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE - Councilmember Rodin led the Pledge of Allegiance.
3. INTRODUCTIONS6:06:39 PM
Fire Chief Latipow explained that with the passage of the increased sales tax ballot measure, the
Department was able to unfreeze some firefighter positions and hire four new firefighters, which
brings the City's firefighting staff back to full strength. He introduced Inger Mattern, Probationary
Firefighter, Kevin Zumstein, Probationary Firefighter Paramedic, Kirk Thomsen, Probationary
Firefighter, Kevin Jennings, Probationary Battalion Chief, and Cindy Stanford, Administrative
Secretary.
4. APPROVAL OF MINUTES6:IS:2! PM
a. Regular Meeting Minutes of September 21, 2005
M/RC McCowen/Baldwin approving the regular meeting minutes of September 21, 2005 as
presented; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin,
and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: Councilmember Rodin.
5. RIGHT TO APPEAL DECISION6:16:03 PM
Mayor Ashiku read the Right to Appeal Decision policy.
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CONSENT CALENDAR6:16:37 PM
McCowen/Crane approving Consent Calendar items "a" through "j" as follows:
Approved Disbursements for Month of October 2005;
Rejected Claim for Damages Received from Dan Sevier and Referred to Joint Powers
Authority, Redwood Empire Municipal Insurance Fund;
Rejected Claim for Damages Received from Marc Tosca and Referred to Joint Powers
Authority, Redwood Empire Municipal Insurance Fund;
Received Notification of a Vendor Name Change on a Previously Reported Purchase
Awarded to Innoprise Software, Inc.;
Received Notification of Bid to Allstar Fire Equipment in the Amount of $5,016 Plus Tax
and Shipping for the Purchase of 24 Lengths of Fire Hose;
Approved Notice of Completion for Pavement Rehabilitation and Traffic Signal Loop
Replacement, Specification No. 05-07;
Adopted Ordinance No. 1073 of the City Council of the City of Ukiah Amending Section
3707.1 of the Ukiah City Code Requiring Sewer Services to be Charged to the Customer
Receiving Water Service;
Adopted Resolution 2005-21 Authorizing the Destruction of Certain Records (Public
Utilities Department);
Introduced Ordinance Authorizing the City Manager to Sign City of Ukiah Contracts and Other
Documents;
Adopted Resolution 2006-22 Adjusting Junior Fees for the Ukiah Municipal Golf Course.
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:IT:]4 PM
LaCretia Peoples, speaking on behalf of the Mendocino County Martin Luther King Organization,
discussed the Freedom of Expression Project and events that will be held on December 14th.
8. PUBLIC HEARING (6:15 P.M.)6:21:43 PM
a. Continuance of Minor Subdivision Map - Subdivision Requirement Exception
Variance No. 05-19
Planning Director Stump advised that the applicants have requested the Public Hearing be
continued to the December 7, 2005 City Council meeting.
9. UNFINISHED BUSINESS
9a. Consideration and Possible Approval of Comment Letter Regarding the Hop Kiln/
Ryder Homes Project to the Mendocino County Board of Supervisors on the Hop
Kiln/Ryder Homes Prolect6:22:l 1 PM
Planning Director Stump explained that at the November 2, 2005 City Council meeting, the Council
discussed the land use and environmental issues associated with the project. At the conclusion of
the discussion, the Council directed Staff to prepare a comment letter. Council also decided to form
a subcommittee to prepare a separate letter reflecting issues and concerns raised by the City
Council. The letters are being presented to Council for review before formal submittal to Mendocino
County. He reviewed changes to his letter.
Councilmember Baldwin stated that the last paragraph says that the City favors involvement in a
hybrid alternative, and expressed his concern that there would be more growth than underthe growth
management alternative. It was his opinion that the only plan that reduces growth underthose levels
is the growth management plan.
In response to an inquiry by Mayor Ashiku, Director Stump stated that it is his opinion that the
proposed Ryder Homes Project would be growth inducing. Director Stump will continue to work with
Mendocino County staff concerning the matter.
It was the consensus of the Council to submit the subcommittee's letter, with recommended
changes, to the Mendocino County Board of Supervisors.
After reviewing Director Stump's letter to the County, the City Council provided recommended
changes and by consensus, directed Director Stump to submit his letter to the Mendocino County
Board of Supervisors.
9b. Discussion and Direction Re~arding Hydrology Study of Hopkiln Housing Project
Water Use6:33:32 PM
City Manager Horsley advised that upon the request of the Council, she contacted the City's
hydrology consultants, Wagner & Bonsignore, and proposed a work plan for studying the possible
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effects of the Hopkiln Project and other hydrologic uses in the Ukiah area. The City's consultants
suggest that the City conduct a "reconnaissance level" hydrologic investigation intended to identify
the potential impacts to the City's water supply and water rights. A brief report would be prepared
summarizing this information and setting forth a course of action for the City to pursue to protect its
interests in the water resources for the area. This would also include identifying issues that Millview
or other parties might need to address in its EIR for expansion of service to other areas or
developments. Mr. Wagner estimates the budget for this effort at $15,000 or less.
City Attorney Rapport noted that the impact of pumping water from the Masonite well could impact
the City's water rights. This could involve surveying existing data and may require field investigation
to determine the impact. It is unknown at this time if Millview will decide to undertake studying these
matters or if they determine that there is no pressing need for the studies at this time, but
environmental review will be required.
Mayor Ashiku stated that it is prudent to be careful with resources and to protect the City's water
rights. As long as it does not put the City in jeopardy, the City may want to consider waiting until staff
can provide further information.
Councilmember Baldwin stated that the community is extremely concerned with this potential
development and he recommended that the City be proactive by protecting the City's water rights,
water availability, and the interests of the community by conducting its own research, and not wait for
Millview to take action.
M/RC Baldwin/Rodin authorizing Staff to proceed with developing a work plan with the City's
consultants, Wagner and Bonsignore, to conduct the Hopkiln water use hydrologic investigation.
Discussion followed regarding:
· Having the consultants prepare an outline of the study
· Investigating the hydrological issues for the entire area, including the area to the west of the
proposed project (Masonite east and west hydrologic investigation)
· Knowing the time frame for completion of the study will aid the City in determining when it
needs to act on the matter
· Expanding the scope of the study to include the area encompassing water users along the
Russian River and reviewing those uses, permits, and water rights that are on record
· Have the consultants provide the City Council with proposal for the scope of work to include
an estimated cost, and an estimated timeline
Motion failed by the following roll call vote: AYES: Councilmembers Rodin and Baldwin. NOES:
Councilmembers Crane, McCowen, and Mayor Ashiku. ABSENT: None. ABSTAIN: None.
M/S McCowen/Crane directing the City Manager to acquire additional information concerning the
scope of work (separated by specific areas), cost, and how long it would take to complete the study
to include the expanded area; and provide this information to Council for consideration at its next
meeting, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin,
Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None.
10. NEW BUSINESS
a. Discussion and Possible Adoption of Resolution Supporting Marriage Equality-
Councilmembers McCowen and Rodin6:56:4! PM
Members of the audience that spoke in support of the Resolution were: Jennifer Sookne, Delynn
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Rogers, and James Sookne Mizell.
M/RC McCowen/Baldwin adopting Resolution 2006-23 supporting marriage equality.
Discussion followed with regard to the importance of the proposed Resolution and how, or if, it would
make an effective statement. Equality rights issues and state legislature adopting same sex
marriage measures were also discussed.
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin,
Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None.
10b. Award of Contract for Alternate Route Analysis for Orchard Avenue Extension
7:22:35 PM
Planning Director Stump explained that the Environmental Impact Report (EIR) certified by the City
Council to extend Orchard Avenue to Orr Creek, construct a bridge over the creek, and extend the
street further to Brush Street was challenged in court. The City agreed to consider an alternative
route for Orchard Avenue as it approached and crossed the creek. The purpose of this agenda item
is for the Council to consider selecting a consultant to perform that analysis so that the City can
comply with the settlement agreement and determine whether or not the alternative route is
environmentally superior and feasible.
City Attorney Rapport noted that the consultants were only supposed to compare the routes
evaluated in the RFP. It was his opinion that Scheidegger & Associates' proposal is more responsive
to the specifications contained in the RFP and what the City is obligated to do.
It was Councilmember Baldwin's opinion that Leonard Charles' proposal is the least biased.
City Attorney Rapport explained that Leonard Charles suggested another alternate route, which is
contrary to the specifications outlined in the City's RFP and recommended the City Council table this
matter to Closed Session.
It was the consensus of the City Council to discuss this matter in Closed Session, upon the advice
of the City Attorney.
10c. Discussion and Direction Concerning the Use of Structural Enqineerinq Consultants to
Plan Check Large and Complex Buildinq Permit ApplicationsT:49:40 PM
Planning Director Stump advised that there have been failures with the current contractor to meet
the timeframes for completing the first and second reviews, which have caused delays in
construction projects. He requested that Council allow staff to explore utilizing a second firm to
compliment the efforts of Coastland Engineering to share the duties of structural engineering and
substitute building inspection services for the City.
Council discussed the City's Building Permit structural engineering review program. A suggestion
was made to build disincentives into the contract pertaining to when an engineering firm does not
meet deadlines.
It was the consensus of the City Council to direct Staff to submit a Request for Proposal (RFP)
and bring the proposal and further information back to Council for consideration.
Councilmember Crane inquired of City Attorney Rapport if he has a conflict of interest in this matter,
and Mr. Rapport stated that he did not see a conflict of interest since the City isn't considering a
specific firm at this time.
Council directed staff to Email the proposed RFP to Councilmember Crane and Mayor Ashiku for
review of the RFP and to make appropriate comments to Staff.
11. COUNCIL REPORTSS:00:43 PM
Councilmember Baldwin reported that there is a significant Inland Water and Power Commission
(IWPC) meeting scheduled for tomorrow involving a closed session with the IWPC's attorney
concerning the topic of a proposed compromise settlement with The Friends of the Eel River. He
stated that soon he will ask the City Council to agendize the matter of campaign contribution limits for
City of Ukiah elections.
Councilmember Rodin inquired as to the status of City Councilmembers' possible conflict of interest
concerning formula business and form based zoning.
City Attorney Rapport explained that there is now a City Attorney group email, consisting of
approximately 10 attorneys representing 15 cities that are interested in this matter. A staff attorney
with the League of California Cities sent an email today saying that the Fair Political Practices
Committee (FPPC) is now considering formation of a small city subcommittee to take up this issue.
The FPPC is reconsidering a regulation for small cities and it is planning to take up the matter next
year.
Councilmember Rodin stated that she will be on the Administrative Services Policy Committee for
the League and that a possible change in the FPPC regulations would fall within the purview of that
Policy Committee.
12. CITY MANAGER/CITY CLERK REPORTS
City Manager Horsley announced that the City of Ukiah Christmas party will be held on December
3, 2005 and historically, Council attends the party.
City Clerk Ulvila advised that she would be out of the office during the week of December 6th
through 9th to attend a New Law and Election Seminar. She reminded Council of the election
scheduled in November 2006 for Councilmembers and noted that preparation for that election would
begin in the spring of 2006. She recommended Council consider any ballot measure(s) they wish to
place on the November 2006 ballot.
Mayor Ashiku reported that the third annual Memories in Motion from the Mendocino County
Museum, Redwood Empire Railroad History Project Wing and Engine House, located on Commercial
Street in Willits, is scheduled for December 3, 2005 through January 31,2006.
Adjourned to sit as the Ukiah Redevelopment Agency: 8:07:47 PM
Reconvened: 8:18:22 PM
City Attorney Rapport, upon consulting the Brown Act, advised that Council would be discussing
another item in Closed Session under Government Code §54956.9a in the case of Sidnie
Court/Ford Street Neighborhood v the City of Ukiah, filed in Mendocino County Superior
Court.
Adjourned to Closed Session: 8:18:22 PM
13. CLOSED SESSION
a. Conference with Labor Ne.qotiator~ Government Code ~54957.6
Employee Negotiations: Electric, Miscellaneous, and Direct Units
Negotiator: City Manager
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Conference with Real Property Ne.qotiator~ Government Code ~454956.8
Property: 120-A Leslie Street
City Negotiator: Candace Horsley
Negotiating Parties: City of Ukiah/Vernon Watkins
Under Negotiation: Price and terms of payment
Reconvened: 10:54 PM
10b. Award of Contract for Alternate Route Analysis for Orchard Avenue Extension
M/S McCowen/Crane awarding the contract to Leonard Charles on condition that the firm
conform to the study outlines in the RFP; carried by the following roll call vote: AYES:
Councilmembers Crane, McCowen, Rodin, and Mayor Ashiku. NOES: Councilmember Baldwin.
ABSTAIN: None. ABSENT: None.
14. ADJOURNMENT
There being no further business, the meeting was adjourned at: 10:55 PM
Marie Ulvila, City Clerk