Loading...
HomeMy WebLinkAboutMin 12-07-05 CZTY OF UKTAH CITY COUNCIL Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 9S482 Minutes December 7, 200S *6:00 p.m. *Or as soon as the meeting may be held in conjunction with the City Council workshop. 4:30 p.m.: Presentation of City Capital Improvement Projects & Equipment Replacement Lists- Workshop :~. ROLL CALL Present: Councilmembers Crane, McCowen, Rodin, Vice-Mayor Baldwin, and Mayor Ashiku Staff Present: City Manager Horsley, Planning Director Stump, Deputy Director of Public Works Seanor, Deputy City Clerk Petersen 2. PLEDGE OF ALLEGIANCE led by Councilmember Crane 1 INTRODUCTIONS AND PRESENTATION a. Introduction of New Finance Department Employees: Leigh Halvorsen, Accounting Operations Manager - Daphine Harris, Customer Service Representative I, and Liz Cuadros, Utility Billing Clerk Finance Director Mike McCann introduced Leigh Halvorsen, Daphine Harris and Liz Cuadros, proving a brief biography with their introduction to the City Council. b. Update On Grant Awards For Anton Stadium, Ukiah Municipal Swimming Pools And Ukiah Skate Park- Director of Community Services, Sage Sangiacomo, reported that the City was successful in receiving approval for three grant .applications $500,000 each, a combined total of $1,500,000. Director Sangiacomo shared the scope of each projects: Anton Stadium minor field upgrades including new dugouts, minor drainage improvements to the in-field, batting cage renovations; parking lot improvements include resurfacing and lining, pedestrian and ADA access will be addressed, with the main focus on the wood grandstand seating area, wood structure which is extremely deteriorated. Part of the improvements will be renovation and structural demolition in the under seating area including the team rooms & restrooms. Reconstruct a more user-friendly facility including a multi-purpose room. Swimminq pool: 2 phases: First phase: Component renovation and equipment replacement, including a PC liner for the small pool in an attempt to stop the water leaks, chlorination system replacement, filtration system upgrade, one liter diving board replacement, slide in lieu of 3 liter board, life guard stands, chairs, benches, tables, etc. #2 Removal, replacement and reconstruction of restroom, office and building facility at site. Also looking at making the structure more user friendly for all year round use with the construction of a multi-purpose room. Possibly consider the office to be used during the summer and used for as a class room during the winter. Discussion ensued regarding the requirement of a $215,000 per project local match. The local match can come from cash, in kind, material donations, etc. The plan is to set up stakeholder meetings in an attempt to achieve the match needed for each project. The Skate park already has meeting scheduled for January 7, 2006, with the stakeholders shifting their focus to grant fund matching and to discuss the design of the park. Contact has occurred with the pool stakeholders and Stadium. Additional support that came in this week includes the following: IVlontanos Foundation, a donation of $5,000 to the skatepark; IVlendocino Relief a donation of tree canopies; soil preparation & irrigation infrastructure at all 3 sites. Supervisor Wattenburger approached the Councilmembers congratulating the City for their achievement which he feels demonstrates an improved level of cooperation between City and County. :In recognition that many County citizens use the City's recreation facilities, he stated it is his intention to pass thru $175,000 of County Prop 40 monies to the City for these facilities. Supervisor Wattenbrger stated that the share distribution between the three projects will be determined by the City Manager, Director Sangiacomo and himself. City Council members, City Staff and the audience applauded the generous gesture from Supervisor Wattenburger. City lVlanager Horsley advised that she had been contacted approximately five years by an anonymous donor wanting to donate to the skateboard park. City IVlanager advised she has been contacted by an anonymous donor who has committed $100,000 toward the skateboard park. The City has eight years in which to spend the funds. Mayor Ashiku expressed his appreciation of the increased level of cooperation between the City and County. City IVlanager Horsley thanked Director Sangiacomo for persevering through the grant application process and congratulated him on a job well done. 2. APPROVAL OF MTNUTES a. Regular Meeting Minutes of October 5, 2005 Councilmember Crane corrected the spelling of Ralph "Gomes" to 6; top of the page. ~Gomez", on page M/S Rodin/McCowen to approve the Minutes of October 5, 2005 as corrected. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None. ABSTATN: None. ABSENT: None b. Special Meeting Minutes of October ~.2, 2005 M/S Rodin/Crane to approve the Minutes of October 5, 2005 as corrected. Motion carried by the following roll call vote: AYES: Councilmembers Crane, Mc¢owen, Rodin, Baldwin and Mayor Ashiku. NOES: None. ABSTATN: None. ABSENT: None 1 RI'GHT TO APPEAL DECZSI'ON Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 4. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Adoption of Ordinance of the City Council of the City of Ukiah Adding Section119.5 to Division 1, Chapter 3, Article I of the Ukiah City Code, Authorizing the City Manager to Sign Contracts and Other Documents b. Adoption of Resolution Approving Records Destruction (Finance Dept.) c. Authorization for City Manager to Execute Amendment to Professional Services Agreement Between the City of Ukiah and Winzler and Kelly Consulting Engineers to lncrease the "Not to Exceed" Amount in an Amount of $20,152 for Additional Services Provided on the Airport :Improvement Project d. Approval to Disband/Sunset the AB 939 Local Task Force and Approve Appointment of a Reconstituted Solid Waste Task Force e. Report of Emergency Acquisition of Professional Consulting Services from KWA Safety & Hazmat Consultants, :[nc. in an Amount not to Exceed $20,000 and Approval of Budget Amendment f. Award of Bid for High Voltage Line Clearing and Tree Trimming at Various Locations Within the City of Ukiah to Westcoast Arborists, :[nc. in an Amount not to Exceed ACTZON TAKEN: City Manager Horsley clarified Ttem 6.f. correcting "Westcoast Arborists, :[nc." to "Davey Tree", which is consistent with the Agenda Summary Report's Recommended Action "..for an amount not to exceed $50,000." Mayor Ashiku requested moving 6.a. to 10.f. due to a conflict M/S McCowen/Crane to approve the Conformed Agenda as corrected. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None. ABSTA:[N: None. ABSENT: None 7. AUDTENCE COMMENTS ON NON-AGENDA :~TEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. lin order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. No comment from the public was received. 8. PUBL:[C HEARZNG (6:15 P.M.) These projects are quasi-judicial in nature and require City Council members to visit the project sites prior to taking action on the matter. a. Continuance of Minor Subdivision Map - Subdivision Requirement Exception Variance No. 05-19 ACTTON TAKEN: By consensus, continue to uncertain date. 9. UNF]~NI'SHED BUSI'NESS aw Discussion and Direction Regarding a Hydrology Study by Wagner and Bonsignore City Manager Horsley stated this matter is brought before the Council for general discussion, as requested by Vice-Mayor Baldwin. As development occurs in the Ukiah valley, there will be greater impact on the city's wells and rain collectors; data at this time is inadequate. The recommendation submitted by Wagner and Bonsignore recommends a three phases approach of record search, data evaluation and identifying the issues. Recommendation includes utilizing the consultant who is doing the well siting project. There is property located to the west of the Ryder Project that may have impact the city's wells and rain collectors. Discussion ensued regarding the time frame to complete this study which was noted to be between four to eight weeks and whether it is premature to move forward with entering into this Agreement for a hydrology study when the future of the Ryder Project is unknown. Using an approach that is based on the concept of Wagner and Bonsignore entering into an Agreement with the City to design a work plan and working in conjunction with the consulting firm currently assigned to the well siting project was favorably accepted by all members. ACT:~ON TAKEN: Request Wagner and Bonsignore prepare a work plan; in- quire as to the anticipated time line to complete project. b. Approval of Contract with Leonard Charles and Associates for the Preparation of an Alternative Route Analysis for the Extension of Orchard Avenue Director Stump briefly reviewed direction given at the November !6th meeting, directing staff to request Leonard Charles and Associates amend their original bid proposal to be consistent with RFP. As requested, the bid proposal was modified, reviewed by Dave Rapport and is now brought forth for consideration and approval. Based on comments made by Councilmember McCowen prior to this meeting, following is a list of recommended changes to the revised Agreement: Add "Exhibit C', which identifies the rate schedule for Leonard Charles and Associates, effective January l, 2005. Add additional sentence to Article V- Payment for Services - Page 4- Section 5.05: "Consultant cost of services shall comply with those listed on Exhibit C except for the cost of sub consultants which shall be agreed upon by City and Consultant". Delete: Assumption #3 of page 4 of Exhibit A Assumption #3 could be deleted. Director Stump stated that David Rapport has reviewed the revisions and contact has been made with Jim Wagner who is in agreement with the changes. Concern was voiced that the revised proposal, as submitted, did not meet the RFP. Director Stump responded that he believes it was merely an oversight on the side of the consultant. I~1!$ McCowen/Rodin moved to accept the recommended action with corrections and modifications as stated by Director Stump. Motion carried by the following roll call vote: AYES: Councilmembers Crane, IvlcCowen, Rodin, and MayorAshiku. NOES: Baldwin. ABSTA:[N: None. ABSENT: None 9. NEW BUSINESS a. Adoption of Resolution of the City Council of the City of Ukiah Urging the Governor to Retain Proposition 42 Funding for Transportation Purposes in Fiscal Year 2006-07 - Rodin Rick Seanor requested support of Proposition 42 funding (The Traffic Congestion Relief Program) stating that the Mendocino Council of Governments (MCOG) has adopted their resolution in support of this Proposition. City Council action to adopt this resolution will join the efforts of MCOG who will be submitting the City's resolution as well as other Mendocino County jurisdiction resolutions, directly to the Governor. ACTZON TAKEN: I4/S McCowen/Crane moved to accept the recommended action with corrections and modifications as stated by Director Stump. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, and Mayor Ashiku b. Discussion and Possible Action Regarding Request for Contribution to the Friends of Drug Court FUnd Diana Marshal, Drug Court Administrator, approached the Council members, submitting hand-outs on the IVlendocino County Drug Court Adult Division, the Juvenile Division and a one-page double-sided Mendocino County Drug Court Fact Sheet. Ms Marshal advised how this program holds those with drug-related problems accountable, as they are required to go before the judge on a regular basis. The Program has positively affected those with drug additions, as well as saving costs to the County of IVlendocino, by avoiding imprisonment. Adult Drug Court enjoys a steady funding source however, the funds primarily pays for treatment counselors. Juvenile drug court has no constant funding source. Friends of Drug Court Funds Program is 6 months old ($5,000) and was created for contributions and donations received by private and public donors. Ms Marshal requested support from the City of Ukiah by either a monetary contribution or an offer to help with what she referred to as the "Barriers to success", (assistance with transportation/bus passes, access to constructive free-time activities (recreation); food, etc. Discussion ensued regarding whether the City currently has a funding mechanism within the current Budget, in which contributions could be made. City Manager Horsley advised that there is a category for such funding within the General Fund however, no funds were allocated for Fiscal Year 2005-2006. Additional questions and concerns were identified resulting in the need to establish a policy within the City Council. Create the criteria for making decisions. Councilmembers agree this is a worthy program however, without a policy, it is inappropriate to make a contribution at this time. ACTTON TAKEN: Directed Director Sangiacomo to look at possible funding from the scholarship program. Revisit this discussion in 6 months. City Manager Horsley to bring the matter to the City Council during the Pre- budget meetings. $ c. Receive Status Report and Provide Direction Concerning the Preparation of a Recycling and Diversion of Construction and Demolition Debris Ordinance Director Stump and Deputy Director of Public Works, Rick Seanor, advised Council members that this item is to provide a status update and obtain direction from the Council, explaining the mandate to divert 50% of solid waste from landfills (AB 939, The California Integrated Waste Management Act) passed in 1989. The draft "Construction and Demolition Debris Recycling Ordinance" is an effort to reach the required 50% diversion rate. Director Stump noted that in 2000, the City's efforts came close at 48%. Director Stump reported that ten days ago, thirty-five copies of the draft Ordinance and cover letter were sent to contractors, architects, tradesmen, the North Coast Builders Exchange, Employer's Council, etc., in an attempt to generate discussion and receive suggestions and comments. Mike Sweeney, IVlanager of the Hendocino Solid Waste Authority, provided a brief overview of the City of Willit's steps in implementing recycling construction and demolition debris, stating that few construction and demolition materials can be recycled. In order to provide contractors and tradesmen with needed information, a one page, double-sided management work plan was developed. Mr. Sweeney stated that several contractors already are taking steps to minimize the impact to the city's landfill by taking the material with them which they then store, reuse or sell. Upon review of the Draft Ordinance, deficiencies in the document were found as follows: The Waste Management Treatment Plan is not defined; How the debris will be recycled is not identified; The cost of this project is needed; Hauling service identified within the Draft Ordinance is not consistent with the diversion; ACT:ION TAKEN: Bring matter back for further discussion, once input has occurred with the stakeholders. Consider an inclusion of an Administrative Fee within the Ordinance; Include "definitions"; reconsider the threshold to be consistent with the average single family home; address deficiencies identified above. Break from 7:35 pm to 7:39 d. Discussion on City Campaign Contribution Limits- Baldwin Councilmember Baldwin stated setting campaign contribution limits endorses greater democracy, freedom of speech, and grass roots participation in Ukiah public policy making. He additionally stated that the Fair Political Practice Commission's reporting requirements are insufficient in protecting our rights to fair elections and stated there is an indication of an inverse relationship between campaign spending and voter turnout. If the Ordinance submitted to Council is approved, portions of the City Code relating to political campaigns will be amended; limits set forth in the draft Ordinance are not to exceed $100.00. It was noted that several cities have adopted similar ordinances, citing the cities of San .lose, Gilroy, and Stockton, to name a few. As invited to speak regarding this matter by Councilmember Rodin, Ron Epstein approached the Council to discuss campaign finance reform options. The three primary points Professor Epstein wished to discuss was 1) Contribution limits and increased disclosure, incorporating element(s) beyond that now required by the Fair Political Practice Commission; 2) Conduct an open forum between the City Council and community; 3) The contact for outside professional services is available from the Center for Governmental Studies in Los Angeles. Professor Epstein additionally recommended the Council hold a forum inviting members of the community to discuss the matter and provide feedback and input. Based on Council discussion, items needing further clarification or that should be included in the draft Ordinance were identified as follows: Tnclusion within the Disclosure regarding "last minute contributions" Tnclusion of additional elements within the FPPC Disclosure, as deemed necessary Contribution limitation - reconsider threshold; analysis possible loop holes Review how limitation could possibly be an advantage for the incumbent Protection from "deep pocket" exposure ACTTON TAKEN: Councilmembers Rodin and Baldwin, along with Professor Epstein, to bring back additional information, draft verbiage for the draft Ordinance, bring back to Council. e. Adoption of Resolution Approving Memorandum of Understanding for Employee Bargaining Unit- Miscellaneous Unit ACTZON TAKEN: Cib/ Manager Horsley reported that the copy of the current Memorandum is in their Council packet. The matter may be discussed in Closed Session if the Council desires. M/S McCowen/Crane moved approval of the recommended action; adopting a Resolution approving the Memorandum of Understanding for the Miscellaneous Unit Motion carried by the following roll call vote: AYES: Councilmembers Crane, IVlcCowen, Rodin, and Mayor Ashiku f. Adoption of Ordinance of the City Council of the City of Ukiah Adding Sectionllg.5 to Division l, Chapter 3, Article 1 of the Ukiah City Code, Authorizing the City Manager to Sign Contracts and Other Documents M/S McCowen/Baldwin moved to adopt the Ordinance as presented. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, and Mayor Ashiku :1.:1.. COUNCTL REPORTS Councilmember McCowen: Reported he had attended Library Advisory Board meeting. A request was made for the City to provide contact information. The Board is looking forward to the replacement of the library which is planned to remain at the same site on Main Street. The next meeting is scheduled for December 14th of this month. Additional meeting information was provided regarding a Mendocino Council of Government meeting he attended on November 15th. At that meeting, MCOG was encouraging support for Prop 42 regarding the regional transportation plan. Tn regard to the Fair Political Practice Commission, Councilmember IvlcCowen encouraged City Council members resolve any pending matters and move forward. A formal request letter needs to be submitted to the FPPC as soon as possible, as the FPCC has twenty-one 7 days in which to respond. Councilmember IvlcCowen stated was satisfied with the legal opinion from David Rapport. Councilmember Baldwin: Distributed a letter sent as an individual to the Board of Supervisors requesting the Supervisors place a moratorium on new bill boards, stating that there are thirty-five billboards on the 101 corridor between Hopland and Highway 20; one is being erected every six months. Councilmember Baldwin additionally reported having attended an ]:nland Power and Water Commission meeting wherein the re- licensing of the FERK of power plant in Potter Valley which expires in 15 - 17 years was discussed. Friends of EEL River are aligning themselves with what he referred to as the slow and no growth groups in Sonoma, which appears to be moving toward decommissioning the project and requests Council begin to discuss this matter with the intent to keep the power plant open and consider how to fund / acquisition prior to the re- licensing. Councilmember Baldwin attended the Airport Commission meeting held December 6, 2005 where Chris Stone's presentation on moving the airport to North of Ukiah. Commission was willing to have IVlr. Stone spend 5 to 15 thousand dollars for more scientific presentation; claiming to be open to further discussion. The following four Agenda items were for projects at the existing airport; cost of the project has increased from $12,000,000 to $25,000,000. Councilmember Crane reporting attending a IVlendocino Solid Waste Management Authority meeting today; no real issues but loss of employees to county because quasi governmental group has lower wages than county employees doing similar work. 12. C]:TY f4ANAGER/C:[TY CLERK REPORTS - City I~lanager Horsley reported the next meeting is scheduled for December 21, 2005, starting at 4:00 PM for a .loint Sanitation District meeting, moving into a Closed Session with the Water Council at 4:30 plVl. A request by City Clerk was made asking if a side conversation occurs during the meeting, please do not speak where the microphone picks up your voice, as when playing back the recording, it is difficult to hear what the speaker is saying. City IVlanager Horsley reported she will be coming back to the Council to discuss hiring a professional consulting firm to do the recruitment for position the position Director of Public Utilities. Contact has been made with a candidate from the previous hiring list who does not wish to come back to Ukiah as he now resides in Arizona. City IVlanager Horsley distributed the letters going out to all tenants for sewer rates written in English and Spanish. Council additionally viewed a 1/2 page ad which will be going into several papers on becoming a law enforcement cadet. The Police Department will begin continuous recruitment soon at this time; two openings need to be filled. 13. CLOSED SESS]:ON Having no business, there was no Closed Session. I c. Conference with Labor Negotiator~ Government Code ~54957.6 1. Employee Negotiations: Department Head, Electric, and Miscellaneous 2. Units 3. Negotiator: City Manager 14. AD.1OURNI~IENT - Having no further business, the meeting was adjourned at 8:40 PM Gail Petersen, Deputy City Clerk