HomeMy WebLinkAboutMin 04-19-06 CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting Minutes
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
April 19, 2006
4:30- 5:30 pm: Uklah Redevelopment Agency and Low & Moderate Income Housing Advisory
CommitNle Joint MeeU~a Regarding Role and Responsibility of the Committee, Membership, &
20% housing Setaside Allocation Process
Councilmembers Present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku.
Staff Present: City Manager Horsley, Associate Planner Liston, City Attorney Rapport, Planning and
Community Development Director Stump, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANGE
Everyone recited the Pledge of Allegiance.
3. PROCLAMATIONS 6:16:25 PM
3a. Proclamation: Workers Memorial Day in the C!ty of Uklah
Mayor Ashiku read the Proclamation proclaiming April 28, 2006 as ~Norkers Memorial Day in the City
of Ukiah" in recognition of workers killed, injured, and disabled on the job and informing all residents of
the valley about the gathering at 5:30 p.m. at Alex Thomas Plaza on April 28~h that is put on by the
working men and women in Mendocino County to observe this special day.
Mr. Terry Poplawski accepted the Proclamation on behalf of the Mendocino County Coalition of
Union Workers. It's their seventh observance and he discussed the purpose of the event. Under the
umbrella of the Mendocino County Foundation, a fund has been established for workers' families.
3b. Proclilmatlon: TV -TUrn Off Week 6:23:15 PM
Vice Mayor Baldwin read the Proclamation proclaiming the week of April 24-30, 2006 as 'TV-Turnoff
Week'.
Ann Molgaard, First Five Mendocino, accepted the Proclamation and discussed the importance of
child development and offered suggestions.
4. PETITIONS AND COMMUNICATIONS 6:26:54 PM
,la. Petition and Cpmmunication from Uklah Community Cent. er Bo.~r~ of Dire¢tors
City Manager Horsley stated that the Ukiah Community Center Board of Directors were requesting
funding for non-profit organizations from the grant program. Upon conclusion of discussion, staff was
directed to agendize the issue.
5. APPROVAL OF MINUTES
None.
6. RIGHT TO APPEAL DECISION 6:34:05 PM
Mayor Ashiku read the Right to Appeal Decision.
7. CONSENT CALENDAR 6:34:31PM
Upon a request by Elizabeth Kirkley, Elecrical Distribution Engineer for the City of Ukiah,
Consent Item 7.d. 'Approved Resource 500 - Aggregate with Other Participants in Order to
Have a Vote on the Development Committee", the City Council directed the City Clerk to add
'Lessen Municipal Utility District" to 'Resource 500".
a. Approved Disbursements for Month of March 2006;
b. Received Report of Resolution of the Commission of the Northern California Power Agency
(NCPA) Approving Expenditure of Funds to Complete the Geothermal Unit 3 Scheduled Five-
Year Overhaul; Authorize City Manager to Pay City's Proportionate Share of Overhaul from
NCPA General Operating Reserve in an Amount of $30,318 (Revised);
c. Adopted Resolution 2006.48 Approving Records Destruction (Finance Dept.);
d. Approved Resource 500 - Aggregate with Other Participants in Order to Have a Vote on the
Development Committee with the inclusion of "Lessen Municipal Utility District";
e. Awarded Bid to Watthour Engineering Company, Inc. for the Purchase of a Model 2350
Electric Meter Test Board in the Amount of $32,247.25;
f. Approved Letter to FEMA Appeals Officer on Behalf of Bernard Kent Porter Seeking
Reimbursement for Funds Expended on Emergency Repairs for Oak Knoll Road - McCowen;
g. Adopted Resolution 2006-49 Waiving the 60-Day Notification Requirement for Establishing a
County Facility in the City (327 North State Street), Pursuant to Government Code 25351;
h. Received Report to City Council Regarding the Purchase of Native Turf Grass from Emerisa
Gardens for Observatory Park Development in the Amount of $5,791.56;
i. Awarded Contract to Source California Energy Services to Provide Engineering Services for the
Lake Mendocino Hydroelectric Power Plant;
j. Authorized City Manager to Sign the New AT&T Intemet Service Contract for the City's Primary
Internet Circuit for the City's Primary Internet Circuit.
MIS Rodin/Crane Approving Consent Calendar Items 'a" through "j", carried by the following roll call
vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: none;
ABSENT: None; ABSTAIN None.:
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 6:37:19 PM
Mike Johnson, shared his recent experience with the Design Review Board and dissatisfaction with
how the matter was handled by the City.
6:42:11 PM David Leveret, owner of Earth Lab Energy Systems in Willits, a wood and gas stove retail
business, addressed the Mendocino County Air Quality Management District's proposal to eliminate
woodstoves. Documents submitted to the City Clerk included, 'Wood Burning Handbook" and a letter
dated April 14, 2006 to the Mendocino County Air Quality Management District.
Councilmember McCowen stated this matter is the subject of a future presentation; Mr. Leveret to be
notified.
PUBLIC HEARING ~6:15 P.M.} 6:46:46 PM
ConjUration and Possible Extension of urgency Ordinance Imposing MoratoHum on
New MaHiuana DlermnsaHes
6:47:05 PM City Attorney Rapport stated that this Agenda item requests the City Council to extend
the existing moratorium by one year. Conflicts between requirements from both State and Federal
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laws that the City is currently caught between, could be resolved due to existing litigation. City
Attorney Rapport stated it will take a 4/5 vote of the City Council to extend the moratorium.
Upon request by Mayor Ashiku, City Attorney Rapport read Paragraph 6. Items a, b, c, d, e, and
paragraphs #7, g8, #10, citing dispensary problems in other jurisdictions as well as the City of Ukiah.
Public Hearing Opened: 6:53:55 PM
Public speaking in opposition of the extension to the existing moratorium:
Ukiah Mordson, Alea Walters RN, Reverend Jerimiah Crane, (who submitted a twenty-two page
petition to "tell City Council that Ukiah needs legal marijuana dispensaries"), Patrick Burnstead.
Public speaking in favor of one dispensary overseen by a Community Board that creates a check and
balance: ~
Dane Wilkins, Director, Northern California NORMAL, Jenny Bumstead.
Public encouraging City Council to make medical marijuana available:
Michael Toms.
Public Hearing Closed: 7:15:04 PM
Mayor Ashiku reiterated that City Attorney has brought this matter back due to legal issues and
expressed appreciation to the community.
MIS McCowen/Baldwin to Adopt amended Ordinance No. 1077, extending a moratorium on new
medical marijuana dispensaries from May 17, 2006 ihrough and including May 17, 2007, to take effect
immediately. Motion carried by the following roll call vote: AYES: Councilmembers Crane,
McCowen, Rodin, Baldwin, and Mayor ^shiku. NOES: None. ABSENT: None. ABSTAIN: None.
10. UNFINISHED BUSINESS
10 a. C0nflmled Di$cu~sion an6 Consideration! of an Ordinance Reeardin. Camoalen Reform
- Baldwin, Rodin 7:22:27 PM :
Vice Mayor Baldwin reviewed the process the Campaign Reform Ordinance has taken over the past
several months, citing similar ordinances adopted by several other municipalities.
7:26:14 PM Councilmember Rodin stated the primary elements are: Disclosure limit recommended at
$50.00; contribution limit recommended at $100.00; displaying FPPC Forms on the City's website;
voluntary spending limit; no anonymous contributions and election cycles (for acceptance of
contributions).
7:34:30 PM Public Comment Opened
7:35:01 PM
Public speaking in favor of campaign reform and voicing support of various elements identified by the
Sub-Committee:
Laura Fogg, Scott Cratty, Terry Poplawski, Scott Means, Alea Waters, Ron Epstein, Jan Moore, Gregg
Foss, Richard Leeman
Public speaking in opposition of Campaign Reform:
None
Public comment closed 7:56:17 PM
Extensive discussion ensued regarding campaign contribution limits, voluntary spending limits, and
campaign contribution and spending disclosure.
Consensus to continue this item to another Council meeting. City Attorney Rapport requested to
research whether there can be a contribution limit on an independent committee which is in or out of
the City limits.
9:12:51 PM Recessed
9:22:57 PM Reconvened
10. UNFINISHED BUSINESS
10b. Receive Status Report Concernlna Sian Ordinance Enforcement Activities 9:23:01 PM
Planning Director Stump reviewed his report to the City Council conceming enforcement activities
regarding the City's Sign Ordinance.
10. UNFINISHED BUSINESS
10c. Reie;t, General Electric's Bid to Refurbish the Flood Damaeed Hydroelectric Plant
an h Pr n t
for Bids by Open Market Procmment 9::25:17 PM
Interim Public Utilities Director Grande: The City solicited bids for the refurbishment of the flood-
damaged equipment by advertising and also submitting notices to trade journals. Four prospective
bidders were identified and of those four, only General Electric submitted a bid, for $545,000. GE
rejected the City's terms and conditions in the contract outright, and their alternatives were to either
utilize their terms and conditions or to negotiate a set of terms and conditions following award of the
bid. Their bid was also significantly higher than the engineering estimate of $250,000 to $350,000 for
the project; it was our recommendation that we reject it as non-responsive. That would allow us to go
forward and negotiate directly with a contractor to perform the work. Director Grande continued to
state he believes relatively confident about the $250,000 to $350,000, and if the City were going to try
to move this project forward, perhaps $500,000 would give the City a little bit of lee way.
MIS CranelMcCowen to approve the recommended action to reject General electric's Proposal
Number 1-130A81_IRS407307 to the City's Hydroelectric Plant Equipment Refurbishment RFP and
adopt Resolution 2006-50, declaring that repair of flood damaged electrical components at the Lake
Mendocino Hydroelectric Plant can be performed more economically by open market procurement and
authorizing City Manager to negotiate and enter contract for hydroelectric plant repairs with a cap of
$500,000; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin,
Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None.
11.
11a.
NEW BUSINESS
Presentation of Palace Hotel Appraisal by Dana Bt!rwe!I, Certified General Real Estate
Appraiser 9:31' 14 PM
City Manager Horsley provided a brief update regarding the appraisal, in the amount of $309,000.,
which is based on the value of the land only. Copies will be made available to the public and
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developers for review and are available at the Civic Center. The appraiser, Dana Burwell, will be
present at a future meeting to discuss the appraisal and answer questions.
Councilmember McCowen requested a copy of the appraisal be placed at the public library.
11.
11b.
NEW BUSINESS
Discueeion and Consider~tign of Video Cameras In City Parks to Assist with Crim,~
Prevention 9:36:18 PM
Community/General Services Director Sanglacomo discussed data supporting the reduction in
crime due to video surveillance. Director Sanglacomo stated he had spoken with Windsor and cities
of Petaluma and Colton who currently have cameras in place in their parks. The City of Ukiah's Police
Department has purchased a video system and for a relatively inexpensive cost, the backbone of that
system could be utilized and modular units installed within the park facilities. Costs associated with
vandalism in parks for this year is estimated at over $15,000 and in excess of 400 hours of staff time.
Staff directed to bring back options: Review concept of utilizing the Police Department's system;
identify alternative systems such as web cameras or, combination thereof and research liability issues.
11. NEW BUSINESS
11c. Approval of the City of Uklah Resource Adequacy Program 9:$8:45 PM
Interim Public Utilities Director Murray Grande approached the Council seeking approval of the
City's Resource Adequacy Program which is mandated by Federal and State regulatory authority.
Director Grande stated that Northern California Power Authority has approved this program and
identified the benefits. He believes it is cost effective for the City.
MIS Crane/McCowen approving the redline version of the Northern California Power Agency (NCPA)
Resource Adequacy Program with modifications as noted therein; can'ied by the following roll call
vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None.
ABSENT: None. ABSTAIN: None.
11.
11d.
NEW BUSINESS
AdoDtion of Resolution ADDrovlna Memorandum of understanding for Electric
EmploYee Baraalnirm Unit (IBEW I. ocal 1245)10:01:19 PM
City Manager Horsley stated this item is within the parameters as discussed with Council
in previous Closed Session and has been ratified by the Bargaining Unit.
MIS BaldwinlMcCowen approving Resolution 2006-52, adopting Memorandum of Understanding
between the City of Ukiah and the Electric Unit; carried by the following roll call vote: AYES:
Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSENT:
None. ABSTAIN: None.
11. NEW BUSINESS
11e. Adoption of Resolution ADDrovina Memorandum of Understanding for Fire Employee
Baraainina Unit
lO:O1:58 PM
City Manager Horsley stated this item is within the parameters as discussed with Council
in previous Closed Session and has been ratified by the Fire Employee Bargaining Unit.
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MIS Crane/McCowen approving Resolution 2006-53, adopting Memorandum of Understanding
between the City of Ukiah and the Fire Unit; carried by the following roll call vote: AYES:
Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSENT:
None. ABSTAIN: None.
12. cOUNCIL REPORTS 10:02:43 PM
Councilmember Crane reported he attended a Mendocino Solid Waste Management Authority
(MSWMA) meeting. Topics included construction demolition debris ordinances. Councilmember Crane
stated that rate recycling incentives may be a better model in that the debris would be better
separated.
Councilmember Rodin inquired about the status of North Coast Railroad Authority and Mendocino
Transit Authority Memorandum of Understanding. City Attorney Rapport stated he is working with
North Coast Railroad Authority attorney Chris Neary. Councilmember Rodin stated she enjoys
participating on the Library Advisory Board and will be attending the upcoming meeting in Covelo.
Councilmember Baldwin requested that the Inland Water and Power Commission be on the next
agenda to discuss the feasibility study agreement; wishes to reverse roles on Inland Water and Power
Commission with Councilmember Rodin.
13. CITY MANAGER/CITY CLERK REPORTS 10:07:19 PM
City Manager Horsley reported we now have WiFi, at the Golf Shop.
Adjourned to URA: 10:09:47 PM
Reconvened at 12:46:42 AM
Adjoumed to Closed Session:
14.
a.
12:46:59 AM
CLOSED SESSION
Employee Negotiations: Electric and Fire Units
Negotiator: Candace Horsley
Public Employee Performance Evaluation (Gov't Code Section 54957)
Title: City Manager
Government Code §54956.8 - Conference with Real ProPerty Nef:lotiator
Property: Low Gap Road ProPerty - APN# 001-020-09
Owner: City of Ukiah
Negotiator: Candace Horsley
Under Negotiation: Price and Terms of Payment
15. ADJOURNMENT
There being no further business, the meeting was adjourned at: 2:00 AM
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