HomeMy WebLinkAboutMin 12-21-05 CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting Minutes
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
December 21, 2005
4:30 p.m. Closed Session: CONFERENCE WITH LEGAL COUNSEL- EXISTING
LITIGATION, (Government Code Section 54956.9(a).)(~:08:]$ PM
Name of case: In re: petition of City of Ukiah to amend appropriative water rights permit, State
Water Resources Control Board.
Closed Session was cancelled regarding this item.
1. ROLL CALL (~:08: ! ~ PM
Present: Councilmembers Crane, McCowen, Rodin, Baldwin (arrived at (~:09:27 PM), and Mayor
Ashiku.
Staff Present: City Manager Horsley, Electrical Distribution Engineer Kirkley, Finance Director
McCann, Deputy Public Works Director Seanor, Public Works Director Steele, Police Captain Taylor,
Police Chief Williams, Public Utilities Director Ziemianek, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE(~:08:2] PM
Councilmember Rodin led the Pledge of Allegiance.
3. INTRODUCTION/PRESENTATION/PROCLAMATION
None.
4. APPROVAL OF MINUTES
None
5. RIGHT TO APPEAL DECISION
Mayor Ashiku read the Right to Appeal Decision statement.
6. CONSENT CALENDARd;:09:27 PM
M/S Crane/McCowen approving Consent Calendar items "a" through "g" as follows:
Approval of Disbursements for Month of November 2005
a. Approved Disbursements from Month of November 2005;
b. Rejected Claim for Damages Received from Marianna DeVote and Referred to Joint Powers
Authority, Redwood Empire Municipal Insurance Fund;
c. Awarded Bid to L.N. Curtis and Sons Fire Equipment in the Amount of $26,711.26 for the
Purchase of Replacement Large Diameter Fire Hose;
d. Authorized Sole Source Procurement of Police Transcription Services from Perfection Plus
Transcription, not to Exceed $20,000;
e. Accepted Work as Complete for the Brush Street Water Main Replacement Project, Specification
No. W-01-05 and Authorized the Filing of the Notice of Completion with the County Recorder;
f. Awarded Bid to 101 Truck & RV for the Purchase of an Econoline DP 1224DA 12-Ton Dual
Tandem Equipment Trailer for the Parks Division in the Amount of $9,535.61 and Approved
Budget Amendment;
g. Awarded Purchase of Automated Valve Exercising Equipment to Pacific Tek in the Amount of
$39,945 Plus Sales Tax.
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:!0:2! PM
Martin Bradley explained that the labyrinth at Observatory Park was unveiled today. He presented a
slide show that depicted the process in which the labyrinth was constructed and commended the
community on its involvement with its construction. He distributed a letter from "Kitab Latitude
Station" in the Ukraine in which they indicate that they have the financial means to send three
members of their center to the United States and would like to visit Ukiah's International Latitude
Station and participate in a joint working relationship.
8. UNFINISHED BUSINESS
8a. Presentation of Capital Improvement Proiects and Equipment Replacement Lists for Public
Works and Police Departments (Continued from December 77 2005)6:17:59 PM
City Manager Horsley advised that on December 7, 2005, a workshop was held to provide various
departments the opportunity to present their Capital Improvement Projects (CIP) and Equipment
Replacement Lists to the City Council. This agenda item continues that discussion to allow the
Public Works and Police Departments the opportunity to present their Capital Improvement Projects
and Equipment Replacement Lists.
Public Works Director Steele reviewed the CIP for the Public Works Department, as contained in
the Staff Report to Council, including funding sources and responded to questioning by the City
Council.
Deputy Public Works Director Seanor discussed the CIP for the Engineering Divisions.
Police Chief Williams advised that the Police Department provided a list of the Department's
equipment that is essential to its department. He discussed replacement costs and reviewed the
current vehicle list that the department maintains.
A brief discussion followed concerning the CIP and equipment lists, as well as the amount of money
needed to repair the City's infrastructure, mainly the City's streets.
9. NEW BUSINESS
9a. Presentation and Discussion of Proposed Countywide Business Improvement District for
the Lod~inq Industrv and Possible Adoption of Associated Resolution of Consent
6:42:31 PM
City Manager Horsley explained that several years ago, a proposal for a lodging Business
Improvement District (BID) was discussed. At that time there were problems and concerns that were
voiced. A few weeks ago the group contacted her and requested permission to make a presentation
to the City Council regarding the new plan and how it would work in the City of Ukiah. She noted that
some Ukiah hotel owners have contacted her regarding their concerns about the BID. She
recommended the City Council consider the presentation and audience comments, and determine if
more information is needed by the Council before making a decision on the matter. She noted that a
possible survey of hotel owners may reveal their opinions about a BID within the City.
Mr. Stuart Marcus, 6:44:15 PM a director on the Mendocino County Lodging Association (MCI_A) and
co-chairman of the Mendocino County Alliance (MCA), discussed his involvement with the MCLA and
MCA. The current proposal could generate up to $845,000 for promotion for the entire County.
Ms. Penny Greenwood, stated that the BID would involve a self-assessment of 1% (not a tax) by
the lodging business community and those funds would be used to promote tourism to benefit the
lodging community. The BID will be created by a County ordinance and be under the jurisdiction of
the Board of Supervisors. The MCLA is looking at the entire County as a business improvement area
and to promote the whole County.
Ms. Jo Bradley, president of the Mendocino County Lodging Association (MCLA), explained how a
Countywide promotion would benefit everyone. She noted that for every dollar that the lodging
industry assesses itself, the County has agreed to contribute 50 cents.
Councilmember McCowen expressed his desire that the MCLA would represent all members
equally in that no one will be promoted more than anyone else. He explained that the Board of
Supervisors has committed to providing $800,000 which are funds derived from the BID, or BID plus
the $300,000 that the Mendocino County Alliance (MCA) receives.
Upon an inquiry by Councilmember Crane, Mr. Jim Wattenburger, member of the Mendocino
County Board of Supervisors, explained that the Mendocino County Tax Collector would collect the
money from the lodging industry through the normal taxation process and distribute it to MCLA and
MCA. He noted that the Board of Supervisors supported this proposal by a unanimous vote.
Ken Patel, owner of the Best Western Orchard Avenue Inn, voiced his support for the proposal,
noting that after one year if it is determined that the assessment process is not working; the City can
withdraw from participating in the BID.
Deborah Watson, co-owner of the Hampton Inn and Comfort Inn in Ukiah, stated that as a member
of the Board of Directors of the Greater Ukiah Chamber of Commerce, the Chamber has asked her
to express their support for an increase in the City's TOT from 8% to 10%. She expressed concern
that the BID proposal would not provide promotion to the inland areas of the County and to Ukiah.
Mark Watson preferred tabling the matter to allow time for the lodging industry in Ukiah to review the
proposal and make a recommendation to the City Council.
City Manager Horsley advised that she could meet with members of the MCLA to gather further
information concerning the proposal.
Considerable discussion followed with regard to the possibility of the City increasing its TOT to
provide funds for tourism in the City of Ukiah, whether the BID would berepresentative of the
County's as a whole, whether to delay a decision on the matter until further information could be
gathered, research to see if it is legally permissible to have each political jurisdiction vote, whether to
implement increasing the TOT before the City implements the BID, and how a TOT tax is used by
some jurisdiction to generate General Fund revenue.
Mayor Ashiku summarized that there appears to be a general consensus of the City Council to allow
the parties more time to review this information. The City Council will consider that information at a
future meeting and make a decision. All of the Councilmembers concurred.
Public Utilities Director Ziemianek suggested that items "9e, 9d, and 8b" be considered next.
9e. Presentation and Discussion Regarding Request of Additional Commercial Funds for DFM
Car Stereo/Home Audio Video Photovoltaic Solar Electric Generating Facility7:$7:48 PM
Electrical Engineer Kirkley advised that Mr. Brian Brodoski, owner of DFM Car Stereo/Home Audio
Video, is requesting use of additional Public Benefit Funds from the City's Photovoltaic Buy Down
Program for a proposed solar project at his place of business. Mr. Brodoski has currently received
an estimate for this project of $180,000. The current policy budgets $100,000 per fiscal year for
commercial rebates and $18,000 per fiscal year for residential rebates. A commercial rebate has a
limit of $25,000 per installation. For the current fiscal year, there is $94,614 available for commercial
rebates. In the previous four years, none of the funds were used so there is an additional $400,000
available from the previous years. She has received several informal requests for residential solar
installations and noted the customers have expressed concern that there may not be enough funds
available at this time and therefore have requested to be placed on a waiting list. Mr. Brodoski is
requesting a $70,000 solar rebate for his project and is willing to allow the public to tour his facility in
order to promote solar installations in the community.
Mr. Brian Brodoski, owner of DFM Car Stereo/Home Audio Video, provided a brief Power Point
presentation of the Home Audio Video and Pro Page, a promotional vehicle for a "green" Ukiah.
Considerable discussion followed regarding Mr. Brodoski's request for a rebate for his three
commercial businesses, the Public Benefits Fund and solar rebate allocations for commercial uses,
and the amount of electricity the project would generate for the City. Consideration was also given
as to whether to continue with a solar program or move towards installation of energy efficient
materials, such as windows. A recommendation was made to research the most economical ways to
try to reduce peak load on the City.
M/S McCowen/Crane approving twice the normal commercial subsidy for this application.
Discussion followed with regard to the payback period possibly being quicker than 10 years due to
the escalation of energy costs, revisiting the entire policy and making funds available to residential
applicantsthat are interested, and the possibility of developing a means of testing the program as it
relates to the ability of the applicant to pay for the project.
Electrical Distribution Engineer Kirkley explained that there's nothing that would prevent Mr.
Brodoski from installing three individual solar systems for three meters and be granted $25,000 for
each one.
Councilmember Rodin requested Councilmember McCowen reconsider granting Mr. Brodoski the
full request with the clarification that the applicant has three meters in which he could, under the
current policy, apply for funding for three separate installations without coming before Council for
approval.
Councilmember McCowen stated that the applicant most likely would not apply for three separate
installations because it would increase his costs. It was his opinion that the payback-will be quicker
than expected for the current proposal. He supported doubling the normal allowance for a
commercial installation and the other part of the motion is for the City to revisit this policy, not only in
terms of solar but other energy conservation measures.
Councilmember Rodin requested an addition to the motion that the City check that Mr. Brodoski is
in compliance with the Sign Ordinance.
Councilmember McCowen responded by stating that City staff can check for compliance without it
being part of the motion.
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, and
Mayor Ashiku. NOES: Councilmember Baldwin. ABSTAIN: None. ABSENT: None.
9d. Authorizing the City Manager to Negotiate and Enter into a Professional Consultin.~
Services Agreement with Brown and Caldwell to Conduct a Groundwater Well Siting
Study in an Amount of $8975288:54:06 PM
After a brief discussion concerning the matter, it was the consensus of the City Council to continue
the matter to a date set by City staff. It was noted that the Closed Session item would inform Council
of related issues.
8b. Discussion and Direction Regarding a Hydrology Study by Wagner and Bonsi.qnore
Continued from December 77 2005)
It was the consensus of the City Council to continue the matter to a date set by City staff.
9c. Authorization by the Ukiah City Council to Authorize the City Manager to Proceed with Phase
I of the Lake Mendocino Hydro Restart Project and to Transfer $6507000 to the City's
General Services Account with NCPA to Begin the Necessary Phase I WorkS:59:53 PM
M/S McCowen/Crane authorizing the City Manager, in cooperation with the Public Utilities Director,
to transfer the Phase 1 funds to the City's General Service Account at NCPA for an amount not to
exceed $650,000 and to proceed with the Phase 1 modifications; carried by the following roll call
vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None.
ABSTAIN: None. ABSENT: None.
9f. Presentation and Discussion Regarding the City of Ukiah's Electricity Purchase Costs
9:01:31 PM
Public Utilities Director Ziemianek advised that electricity purchase costs for the City of Ukiah
have been on the increase since the loss of a very Iow cost Western Area Power Agency (WAPA)
contract in January 2005. He discussed issues pertaining to the long-range plans regarding various
alternatives to minimize future price swings and to maintain control on power costs. He provided a
Power Point presentation that had previously been given to Council in September at the Electric
Workshop.
Don Dame, representing the Northern California Power Agency (NCPA), discussed natural gas
pricing.
Director Ziemianek also discussed the ISO and Northern California Power Agency (NCPA) loads,
natural gas pricing and storage, and the City's contract with Calpine, which recently filed bankruptcy.
9b. Authorization of the City Manager to Negotiate and Enter into an Agreement for Financin.n
the Development Activities for Purchase of Resource 500 Proiectg:26:46 PM
Public Utilities Director Ziemianek advised that the Central Valley Project Corporation (the "CVP")
may have the opportunity to purchase a 500 MW gas-fired power plant in Northern California,
together with related facilities and equipment, commonly referred to as the Resource 500 Project (the
"Project"). Before purchasing such a plant, a "Participant Review" must be made to assure that the
plant meets or exceeds the recorded specifications. Since Ukiah is in need of fixed replacement
power upon the loss of the WAPA contract in January 2005, it is in the City's best interest to be a
part of the potential plant purchase. Total funds to accomplish the Participation Review are currently
$
set at $1,575,000. Each participant will agree to pay or advance to CVP $3,000 per megawatt (MW)
of requested participation in the project. He recommended the City Council authorize the City
Manager to enter into a contract with CVP Corp. for the services outlined in the Resource 500
Development Agreement.
Don Dame, NCPA representative, discussed Resource 500, the cost per kilowatt hour, and what it
would mean to the City.
M/S Crane/Rodin authorizing the City Manager to enter into a Development Agreement for
Resource 500 between the Central Valley Project Corporation and the City in an amount of $21,000
and not to exceed $26,250 for seven megawatts of power.
Councilmember McCowen inquired about increasing the purchase to 8 megawatts.
Director Ziemianek recommended the City increase the purchase to 10 megawatts. Consideration
should be given that there are 2 megawatts from Calpine that we don't know what is happening.
There are also some issues that this first shot at this plant may not come to fruition because of other
things and the City may have to wait for the second one.
City Manager Horsley noted that another consideration includes the possibility of annexations.
Councilmember Crane and Councilmember Rodin recommended modifying the motion to change
it to 10 megawatts of power.
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin,
Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
Director Ziemianek advised that tomorrow is his last day with the City and commended the City
Council and staff on their efforts. He complimented the staff, engineers and mechanics at NCPA for
their assistance with the hydroelectric plant.
Councilmembers complimented Director Ziemianek on his hard work and accomplishments during his
tenure with the City.
9g. Adoption of Resolution Approving Memorandum of Understanding for Employee
Bar_clainin.q Unit- Department Head Unit]0:02:02
This item will be considered after Council meets in Closed Session.
]0:02:20 PM Adjourned to sit as the Ukiah Redevelopment Agency.
]0:05:]5 ?M Reconvened as City Council.
10. COUNCIL REPORTS
Councilmember Rodin reported attending a Library Board meeting in which endowment funds for
various libraries was discussed. There will be a library bond on the June ballot to fund 60% of the
cost for a new library in Ukiah.
Yesterday she went on a "ride-along" with Ukiah Firefighters and they responded to four medical
calls. She enjoyed the experience of seeing the firefighters in action.
She reported that she attended the dedication of the Observatory labyrinth today and thought it was
something that could put Ukiah on the map. The labyrinth project was a cooperative effort of Ukiah
High School students, artists, and the City of Ukiah. The Ukiah project will be completed in the spring
with landscaping and she recommended planning a dedication ceremony.
She attended a meeting of the Greater Ukiah Chamber of Commerce. The Ukiah Valley Smart
Growth Coalition had reached out to the Chamber with regard to participating in the planning of
forums regarding a vision for the Ukiah Valley and what growth should look like in the Ukiah Valley.
11. CITY MANAGER/CITY CLERK REPORTS 1 O: 12:40 PM
City Manager Horsley advised that no meeting is planned for January 4, 2006 because of the
holidays.
City Clerk Ulvila reported that she attended a City Clerk's of California New Law and Election
Seminar in Monterey from December 6-9th and reported on new laws and regulations that will affect
the City beginning in January 2006. Of particular concern are the regulations concerning ethic
training for City Councilmembers and other City commission members. Each member will be
mandated to participate in ethics training before January 1,2007. She reported that she is working
with the Clerk of the Board of Supervisors regarding a joint training for City and County officials.
Adjourned to Closed Session:10:17:50 PM
12. CLOSED SESSION
a. Employee Negotiations: Department Head and Electric Units
Negotiator: City Manager
Reconvened: 10:34 PM
9g. Adoption of Resolution Approving Memorandum of Understandin.q for Employee
Bar_c~ainin.q Unit- Department Head Unit 10:34 PM
M/S McCowen/Rodin adopting; carried by the following roll call vote: AYES: Councilmembers
Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT:
None.
13. ADJOURNMENT
T~~_,~.d__~__~_~being.no further business, the meeting was adjourned at 10:35 PM
Marie Ulvila, City Clerk