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HomeMy WebLinkAboutMin 02-15-06 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 February 15, 2006 1. ROLL CALL 6:08:29 PM Councilmembers Present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. Staff Present: Risk Manager/Budget Officer Goodrick, City Manager Horsley, Finance Director McCann, City Attorney Rapport, Community/General Services Director Sangiacomo, Community Services Supervisor Simerson, Planning Director Stump, Police Chief Williams, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE6:08:49 PM Everyone recited the Pledge of Allegiance. URGENCY ITEM: 6:09:]7 PM Mayor Ashiku announced that there is a need to take immediate action and the need for action came to the attention of the City Attorney subsequent to the agenda being posted. The Urgency Item concerns: "Approval of joint defense and confidentiality agreement, authorizing the City Attorney to sign the agreement on behalf of the City." M/S Rodin/McCowen to included Urgency Item under New Business, item "10f" on the agenda, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 3. PRESENTATION//INTRODUCTIONS/PROCLAMATIONS 3a. Introduction of New Police Department Employees- Police Officers Josh Cabral~ Andy Porter~ and Chris Lon_~ 6:!0:28 PM Police Chief Williams introduced new Police Officers Josh Cabral, Andy Porter, and Chris Long to the City Council. 3b. Introduction of New Finance Department Employees- Jeff Kin.q~ Information Technology Specialist and Steve Butler~ Information Technology Supervisor 6:14 PM Finance Director McCann introduced new Finance Department employees Jeff King, Information Technology Specialist, and Steve Butler, Information Technology Supervisor to the Council. 3c. Introduction of New Employee- Chris White~ Code Compliance Coordinator 6:17 PM Planning Director Stump introduced Chris White, the City's new full-time Code Compliance Coordinator. 3d. Proclamation - Recognition of "National Engineers' Week 2006"6: ! 8:44 PM Mayor Ashiku read the Proclamation proclaiming February 19-25, 2006 as "National Engineers' Week" in the City of Ukiah, and called upon all citizens and civic organizations to recognize the contributions made by this special group of people. Rick Seanor, president of the Lake and Mendocino Counties Engineers Association, accepted the Proclamation and noted that the focus of this organization is to raise money throughout the year to fund a scholarship program for students interested in the engineering field. 4. APPROVAL OF MINUTES(~:2! :22 P1V[ 4a. Regular Meeting Minutes of November 2~ 2005 Councilmember McCowen noted a correction to the spelling of "Dotty Coplen" on page six. M/S Rodin/Baldwin approving regular meeting minutes of November 2, 2005 as amended, and carried by a unanimous voice vote of the Council. 4b. Special Meeting of City Council: CIP Workshop of December 7~ 2005(~:22: M/S Rodin/Baldwin approving special meeting minutes of December 7, 2005 as presented, and carried by a unanimous voice vote of the Council. 4c. Special Closed Session Meetinq of City Council of January 317 2006(~:22:3 ] PM M/S McCowen/Crane approving special closed session meeting minutes of January 31,2006 as presented, and carried by a unanimous voice vote of the Council. 5. RIGHT TO APPEAL DECISION6:22:$ ! PM Mayor Ashiku read the Right to Appeal Decision. 6. CONSENT CALENDAR(~:23:l$ P1V[ Councilmember Crane requested that item "6h" be pull from the Consent Calendar. Mayor Ashiku stated that item "6h" will be heard under New Business as item "10g". M/S Rodin/Baldwin approving Consent Calendar items "a" through "g" and "1" through "j" as follows: a. Approved Disbursements for Month of January 2006; b. Rejected Claim for Damages Received from Vanessa Verducci and Referred Claim to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund; c. Rejected Claim for Damages Received from Troy and Elaine Burgess and Referred Claim to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund; d. Approved Resolution 2006-38 Terminating the Existence of a Local Emergency for the City of Ukiah; e. Received Report of Acquisition of Replacement Computer Equipment from Dell Marketing, L.P.; f. Adopted Ordinance 1076 Revising Section 9254, Entitled "Marijuana Cultivation" to Division 9, Chapter 2, Article 19 of the Ukiah City Code; g. Received Request Authorization to Replace Engineering Associate Position with Assistant Engineer; i. Received Notification to Council Regarding Award of Bid for the Emergency Rental of a Line Truck to Global Rental Company, Inc., in the Amount of $11,523.75; j. Received Notification to Council Regarding the Award of Bid for the Emergency Repair of the Digger Derrick Line Truck to Terex Utilities in the Estimated Amount of $16,170.00. 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 ITEMS(~:24:32 PM Dane Wilkins, Director of Northern California NORMAL, stated his concern with comments made at a recent City Council meeting that organizations such as NORMAL are not concerned with the health and safety of people in the Ukiah community. He stated that Northern California NORMAL is 2 concerned with educating the public, integrity, honesty, health, and safety. Ukiah Morrison stated that the Nuisance Ordinance is offending to some people and that there are many people who need marijuana for medicinal purposes. Ken Anderson, representing the Wagonseller neighborhood, stated that they are concerned with the application submitted by Rural Communities Housing Development Corporation (RCHDC) for annexation of eight acres into the City of Ukiah. He recommended that the City Council and Board of Supervisors consider smart growth planning for all developments in the Ukiah Valley and not provide exemptions to affordable housing developments. 8. PUBLIC HEARING - None. 9. UNFINISHED BUSINESS 9a. Authorize the City Manager to Negotiate and Execute a Contract for Golf Professional Services for the Ukiah Municipal Golf Course with Jimmy Stewart and Frank Johnson~ Tayman Park Golf Group~ Inc.6:35:24 PM Councilmember Crane advised that during the process of seeking competitive bids for the Golf Pro, four proposals were received, one of which was from the City's current Golf Pro, Mr. Jeff McMillen. He noted that since that time, Mr. McMillen has withdrawn his proposal. It was his opinion that because Mr. McMillen held the position of the City's Golf Pro at the time of the Request for Proposal (RFP), other professionals did not submit a proposal as a common professional courtesy. He recommended that the RFP be sent back to the Parks, Recreation, and Golf Commission for further review and to provide direction to the City Council. Community/General Services Director Sangiacomo, along with the assistance of Community Services Supervisor Simerson, provided a PowerPoint presentation explaining the process and criteria by which proposals for the Golf Pro RFP were evaluated. It was his recommendalJon that the City Council authorize the City Manager to negotiate and execute a contract for Golf Professional Services at the Ukiah Municipal Golf Course with Jimmy Stewart and Frank Johnson, Tayman Park Golf Group, Inc. Public Comment opened: 6:57:11 PM Members of the public that spoke to the issue included: Don Crawford, Bonnie Carter, Vincent Rosenbalm, Robert Reid, Pat Wilson, and Raylene Neustrel, Paul Moore (President of the Men's Golf Club), Jon Kennedy, Don Rones, Gabe Quinones, Chris Colvert, Tim Baechtel, Brad Hunt, and Ken Jones. Considerable discussion ensued concerning the RFP process including fairness to those that submitted a proposal in response to the current RFP, the City's liability if it were to reject all bids, the rating process for the bids submitted, the PGA's view of profession courtesy, as well as the consideration and support of the golfing community. Public Comment Closed: 7:37:41 PM 7:58:10 PM Mr. Frank Johnson, speaking for the Tayman Group, stated that he hopes to provide everyone an opportunity to know him, his business skills, and practices. M/S Baldwin/Rodin authorizing the City Manager to negotiate and execute a contract for Golf 3 Professional Services at Ukiah Municipal Golf Course with Jimmy Stewart and Frank Johnson, Tayman Park Golf Group, Inc. Discussion followed among Councilmembers who expressed their concerns with regards to the change in circumstances since Mr. McMillen withdrew his proposal, the possible advantage of going out for the RFP again would be to attract more applicants, the processing of proposals by the screening panel and the Parks, Recreation, and Golf Commission, and the screening panel's scoring/ranking of proposals. There was additional discussion concerning the possibility of the Golf Pro providing all maintenance and operation of the Golf Course. Motion failed by the following roll call vote: AYES: Councilmembers Rodin, Baldwin. NOES: Councilmembers Crane, McCowen and Mayor Ashiku. ABSTAIN: None. ABSENT: None. 8:19:35 PM Mayor Ashiku left the meeting. Vice-Mayor Baldwin conducted the meeting. Recessed: 8:20:48 PM Reconvened: 8:27:44 PM Councilmember Crane recommended that Staff be directed to provide additional RFP's and that a substantial difference in the proposals that the RFP incorporates the authority on the part of the Golf Pro to have more control concerning how the course is maintained and operated. City Manager Horsley explained that staff may also have suggestions for changes to the RFP. She noted that Staff could return to the Council with ideas concerning the formation of a neutral, unbiased panel to ensure that all RFP's submitted would be reviewed equally. Mayor Ashiku recommended that the RFP include a variation in terms of control over maintenance of the Golf Course. Additional discussion focused on the time frame for developing a new RFP and the evaluation process that would follow the submittal of proposals. Director Sangiacomo explained that since there is no term to the current contract with Mr. McMillen, it is on a month-to-month basis. 9. UNFINISHED BUSINESS 9b. Adoption of Resolution Calling Special Municipal Election~ Requesting the Consolidation of the Election with the Statewide Election To Be Held June 67 2006~ Requesting Mendocino County to Conduct the Election~ and Approving a Ballot Measure to be Placed on the Ballot for such ElectionS:36:09 PM City Attorney Rapport explained that the City Council has decided to present a ballot measure on the June 6, 2006 ballot. The measure will ask the voters whether they want to restore the practice in effect in the City for 100 years prior to 1986 of rotating the position of Mayor among the five elected members of the Ukiah City Council and to discontinue the practice of the last 20 years of directly electing the Mayor every two years. He discussed the process which the City must follow in order to conduct a special election on June 6th on this measure. M/RC Baldwin/Rodin adopting Resolution 2006-39 calling election, consolidating election with statewide June 2006 election, requesting Mendocino County to conduct election, approving ballot measure, and authorizing designated City Council members to file rebuttal argument, if required. Councilmember McCowen suggested that he and Councilmember Rodin prepare the wording of the ballot measure since they were involved in this process previously. Councilmember Rodin read proposed wording for the measure. Dotty Coplen voiced her support for the ballot measure however, she thought that the proposed wording would give the voters the impression that they are giving something up even though they aren't. She recommended changing the wording of the question to the voters. After discussion of the wording of the ballot measure, the majority of the Council concurred that the ballot measure question to the voters should read as follows: "Shall the original system be restored whereby the Council appoints the mayor from among the five elected City Council members, all of whom serve four year terms, and practice of the direct election of mayor for a two year term be eliminated? Councilmembers Baldwin and Rodin accepted the amendment to the wording of the ballot measure, and incorporated it into their motion. It was also decided that Councilmembers Rodin and McCowen's names should be inserted into the Resolution on item #8 as those authorized to submit a rebuttal argument on behalf of the City Council to any argument submitted in opposition to the measure. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, and Baldwin. NOES: Mayor Ashiku. ABSTAIN: None. ABSENT: None. 9. UNFINISHED BUSINESS 9c. Discussion and Direction Regarding Future Consideration of Revisions to the City Sign Reflulationsg:48:34 P1V[ Councilmember McCowen clarified that the matter on the agenda does not concern specific revisions to the Sign Ordinance but rather a discussion by the City Council as to what it would like staff to bring back to the Council for consideration, in general terms. He noted that enforcing current regulations is more important than initiating new regulations at this time. M/S McCowen/Baldwin directing staff to report to the Council on a monthly basis as to the status of enforcement of current regulations and code violations. Lisa Mammina, owner of Jerry's TV in Ukiah, addressed the Council concerning box signs and informed Council that she removed the box signs at Jerry's TV because they were unsafe. Joy Beeler, Executive Director of the Greater Ukiah Chamber of Commerce, addressed the Council concerning the City's existing sign ordinance, noting that there are sections in the ordinance that are cause for misinterpretation, and recommended the City Council adopt a revised Sign Ordinance. Dick Seizer stated that the City should focus on enforcing the existing ordinance before developing a new ordinance. In the meantime, the City should work on revisions to the Sign Ordinance. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10b. Continued Discussion and Consideration of an Ordinance Re.qardin.q Campaign Reform--Baldwin~ Rodin8:$9:26 ?M Councilmember Baldwin explained that the matter of an ordinance regarding campaign reform concerns instilling greater fairness in the process and more equal access to all people in the Ukiah community and to gain the attention of voters prior to the day of an election. His goal is to gain consensus among Council and to return an Ordinance to Council within six weeks for consideration and adoption. He expressed the need to have an Ordinance in place prior to the November 2006 election. Councilmember Rodin read the elements aloud as outlined in the Staff Report Mayor Ashiku stated that the information provided by the subcommittee did not include studies that supported one position or another. With the information provided, he found it impossible to determine if there is validity to the issue that the City has a problem, nor does the information provided identify the problem or its cause. He also noted that no information was provided that demonstrates that the action proposed would mitigate the problem. He advised that he researched the matter on the Internet and found there are many points of view on the matter. Considerable discussion followed regarding the matter of disclosing campaign contributions. Other issues discussed included establishing campaign spending limits and unfair campaign practices. A poll of the Council revealed that those in support of campaign reform and campaign contribution limits included Councilmembers Baldwin, Rodin, and McCowen. Councilmember Crane was of the opinion that currently the Fair Political Practices Commission (FPPC) is in control of these matters and all campaign reporting is filed with the City Clerk and forwarded to the FPPC. He questioned how to determine the amount of money "in-kind services" equates to for reporting purposes. He noted the difficulty of controlling outside sources that make contributions to local elections. The matter of disclosing names of contributors was discussed in regard to privacy issues. Members of the audience that spoke in support of campaign reform and the proposal submitted by Councilmembers Rodin and Baldwin were Ron Epstein, Alea Waters, Benj Thomas, Richard Leman, Holly Crafty, Jan Moore, Terry Poplawski, Judy Pruden, and Roger Foote. Those speaking against the proposal were Ross Liberty, Dick Seizer, and Ken Collin. A lengthy discussion followed in which Council addressed the concerns expressed by the public. Council also discussed and made recommendations concerning various items outlined in the memo submitted by Councilmembers Rodin and Baldwin. Council directed the City Attorney Rapport to investigate various matters concerning campaign reform and provide a report to the Council. Council also directed staff place the matter on the next Council agenda for further discussion. 10:55:34 PM: Recessed 11:04:30 PM: Reconvened 10. NEW BUSINESS 10a. Approval of Fiscal Year 2005/06 Mid Year Budqet Amendment l 1:05:10 PM M/S McCowen/Crane approving Attachment A- Summary of Proposed Mid-Year Budget Amendments- Fiscal Year 2005-2006. Councilmember Baldwin inquired about the Public Benefits' service accounts. City Manager Horsley responded by stating that staff will provide Council with an update. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10c. Receipt of Audited Financial Statements for Fiscal Year 2004-2005! 1:06:57 PM M/S McCowen/Baldwin accepting and filing the audited financial statements for Fiscal Year 2004- 2005, and carried by a unanimous consensus of the Council. 10. NEW BUSINESS 10d. Selection of Disaster Planninq Sub-Committec Ashiku ! !:0g:] ! PM Mayor Ashiku stated that he would like to form a subcommittee to review the City's Disaster Planning process. He noted that since the floods of December 2005, he has expressed an interest in making sure the citizens are prepared for possible future disasters and the City is prepared to respond. He inquired if Councilmember Crane would be willing to serve on the subcommittee with him. Councilmember Crane agreed. After a brief discussion, it was the consensus of Council to have Mayor Ashiku and Councilmember Crane serve on the Disaster Planning Sub-Committee. 10. NEW BUSINESS 10e. Discussion and Possible Action Regarding Procedures for the Appointment of Planning Commissioners--Ashiku ! ! :09: ! 4 PM Mayor Ashiku advised that he asked to agendize a discussion and possible action regarding the procedures for appointment of Planning Commissioners to the City Planning Commission, upon a suggestion by Councilmember McCowen. As of May 2004, the Planning Commissioner terms coincide with the terms of office of the Councilmember who nominated that Commissioner. Councilmember McCowen explained that at the time the City Council adopted the new procedure, which he considered an improvement over the way the previous appointments were handled, he thought it would be advisable to grant each Councilmember the privilege to nominate their Planning with the understanding that, in the vast majority of cases, that person would be ratified by the Council, but still provide for final ratification by the vote of the full City Council. He noted that the Mendocino County Board of Supervisors has adhered to this procedure for the past 30 years and he felt that it is a process that has worked well for them. He proposed that Council adopt the same method and it would be understood that each sitting Councilmember has the right to nominate their choice for Planning Commissioner. Councilmember Baldwin disagreed with the suggestion and pursued discussion with Councilmember McCowen concerning the matter. Judy Pruden, current City Planning Commissioner, was of the opinion that the current system works well, and noted the difference between the City Council and the Board of Supervisors with regard to jurisdiction and districts. It was noted by Mayor Ashiku that the suggestion proposed by Councilmember McCowen allows Councilmembers an opportunity to ask questions of the applicant so they can make a determination. Councilmember Rodin noted that the system could become a political appointment and how a 7 majority of council could vote down an appointment. Councilmember Baldwin recommended that a member of the Airport Commission not be a pilot. City Attorney Rapport was directed by a consensus of the City Council to provide a draft Ordinance amending the current system for appointing Planning Commissioners, based on current discussion of the matter at this meeting. Councilmember Baldwin cast a "no" vote. 10f. Approval of Joint Defense and Confidentiality Agreement and Authorization to City Attorney to Si.qn A.qreement on behalf of the City] ! :46:02 PM M/S Crane/McCowen approving Joint Defense and Confidentiality Agreement regarding City of Roseville withdrawal from Pooling Agreement and authorize City Attorney to sign agreement on behalf of the City; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 10g.(6h) Adopted Resolution Revising Fees for Copy Costsl 1:46:40 PM An analysis of the costs of copies was made and a resolution reducing the fee from 20 cents to 10 cents per copy was presented for adoption. M/S McCowen/Crane adopting Resolution 2006-40 revising fees for copy costs; carried by unanimous voice vote of the City Council. 11. COUNCIL REPORTS Councilmember Crane provided a report of a Skate Park Committee meeting he attended. The Committee is currently involved in strategies for fund raising and timelines for developing Requests for Design, utilizing the private funds that have been raised by the Committee. Councilmember Baldwin reported on an Inland Water and Power Commission (IWPC) meeting in which other agencies were involved. The City will need to fund $30,000 immediately to assist with payment for the first stage for the feasibility study. He recommended this matter be placed on Council's next agenda for discussion of the feasibility study. 12. CITY MANAGER/CITY CLERK REPORTS City Manager Horsley reported that several workshops are being scheduled for the City Council and inquired as to what time Council preferred the meetings to begin. Council agreed that the workshops could be held just prior to the regular Council meeting commencing. Adjourned to Closed Session:12:l$:08 AM 13. CLOSED SESSION Employee Negotiations: Fire Unit Negotiator: Candace Horsley Reconvened: 1:10 AM No action taken on Closed Session item. 14. ADJOURNMENT Th,er..e_ being no further b~usiness, the meeting was adjourned at 1:10 AM. Marie Ulvila, City Clerk 8