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HomeMy WebLinkAboutMin 05-17-06 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 May 17, 2006 6:00 p.m. The Ukiah City Council met at a Regular Meeting on May 17, 2006, the notice for which had been legally noticed and posted, on May 12, 2006 in the Civic Center Council Chambers. 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Vice-Mayor Baldwin, Councilmembers Crane, McCowen and Rodin. At 6:07, Mayor Ashiku arrived. Staff Present: City Manager Horsley, Building Director Stump and Deputy City Clerk Petersen. lm ROLL CALL 6:04:46 PM by Vice Mayor Baldwin Councilmembers Present: Vice Mayor Baldwin, Councilmember McCowen, Crane, Rodin Staff Present: City Manager Horsley, City Attorney Rapport, Community Services Director Sangiacomo, Planning Director Stump, Public Works Director Eriksen, Finance Director McCann, Electrical Distribution Engineer Kirkley, Associate Planner Liston, Risk Manager Goodrick and Deputy City Clerk Petersen 1 PLEDGE OF ALLEGIANCE Councilmember Crane led the Pledge of Allegiance. 1 PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 6:04:52 PM a. Presentation: Public Safety and Emergency Communication Needs Assessment - Captain Chris Dewey stated that funding from a State Homeland Security Grant and approved by the fiduciary committee (WMD Committee) in the amount of $30,000 has been set aside to study public safety and emergency 9-1-1 capabilities. A consulting firm has been retained for the purpose of completing a comprehensive needs assessment and will provide recommendations for future regional public safety improvements to existing communications systems. The consulting firm is conducting their site visits during the week of May 15th through May 17th, 2006. b. Introduction of New Employee - Ben Ka.qeyama, 6:06:12 PM Director of Public Works, Tim Eriksen, introduced Ben Kageyama, a Senior Civil Engineer, citing his educational and professional background. Mayor Ashiku arrived at 6:07 PM 4. PETITIONS AND COMMUNICATIONS - None 1 APPROVAL OF MINUTES a. Workshop with Low and Moderate Income Housinq Advisory Committee of April 19, 200~_ M/S McCowen/Rodin approving the Minutes of April 19, 2006 Low and Moderate Income Housing Advisory Committee Workshop; carried by a unanimous voice vote. bm Joint Meetinq with the Planninq Commission of March 297 2006 M/S Rodin/McCowen approving the Minutes of March 29, 2006 Joint Meeting with the Planning Commission; Councilmembers McCowen, Rodin, Baldwin and Mayor Ashiku. ABSTAIN: Councilmember Crane C. Re_~ular City Council Meetinq of March 17 2006 M/S Rodin/McCowen approving the Minutes of March 1, 2006 regular meeting; carried by a unanimous vote. . m . . RIGHT TO APPEAL DECISION 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. CONSENT CALENDAR 6:11:54 PM 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. Report of Disbursements for Month of April 2006 b. Amendment of Total Purchase Price of Model 2350 Electric Meter Test Board to Watthour Engineering Company, Inc. Authorized by Council 4/19/06 from $32,247.25 to $35,217.25 c. Adoption of an Ordinance Rezoning Assessor Parcel Numbers 003-050-29, 66, 85 and (N05-34) d. Award of Bid for the Purchase of Concession Equipment Damaged During the New Year's Flood at the Ukiah Sports Complex from Superior Outlet Center (dba As The Next Day Gourmet) in the Amount of $18,582.03 e. Adoption of Resolution Approving Housing Corporation Major Subdivision Map No. 05-17 f. Receive and File Report of Investment Oversight Committee Approval and Subsequent Execution of Bond Proceeds Investment g. Authorize Mayor To Sign Form And Letter of Support For AB 2840 Related to Californians Against Higher Auto Insurance Rates - Council Member McCowen h. Award of Bid to Wesco for the Purchase of an ABB 1500kva 277/480v Three Phase Transformer for the City's Wastewater Treatment Plant Improvement Project in the Amount Of $21,368.98 Councilmember Baldwin requested to move Consent Calendar Item G. to the end of the agenda for further discussion. Item G moved to New Business 11.h. Councilmember McCowen stated it should be noted that an updated Memorandum from staff relating to item 7.c.(Adoption of an Ordinance Rezoning Assessor Parcel Numbers 003-050-29, 66,85 and 86) and 9.c. (Adoption of resolutions Approving a Precise Development Plan for a Townhouse Planned Development Project and a Tentative Subdivision Map to Divide the Subject Properties into 27 lots) corrects the numbering of conditions and adds condition #26 to reflect the previous action of the City Council to require a stop sign at Apple and Cherry. M/S Rodin/Baldwin to approve the Consent Calendar moving Item g. to New Business Item h. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 6:i3:44 PM 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. In 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. PUBLIC HEARINGS (6:15 PM) 6:14:58 PM a. Minor Subdivision Exception 05-49: Gadea; 733 South Oak Street - continued to June 7, 2006 . 10. b. Ar)r~roval of Application to Demolish Two Structures Over 50-Years Old Located at 528 North State Street. Director Stump stated a residence sharing this property burned last year; two additional residences at this site are in very poor condition. The property owner is preparing to demolish the buildings and due to their age being over 50 years old, it does take City Council action to make a finding that they do not have historical or architectural significance. The Demolition Permit Review Committee met, discussed the matter and determined that the structures did not have any historical or architectural significance and recommended the Council approve issuance of a Demolition Permit. M/S McCowen/Rodin to move approval of the recommended action to approve the Demolition Permits for the two structures located at 528 North State Street based on the finding that the structures do not have historical or architectural significance; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku.. NOES: None; ABSENT: None; ABSTAIN: None C. Adoption of Resolutions Approving a Precise Development Plan for a Townhouse Planned Development Project and a Tentative subdivision Map to Divide the Subject Properties into 27 Lots 6:! 6:.56 Associate Planner Lohse stated that Council reviewed both the Precise Development Plan and Tentative Map when Council approved the introduction of the Ordinance to rezone the property to allow for the planned development. The development will be divided into twenty-seven lots including twenty-four townhouse lots. Two resolutions are before the Council for consideration: Resolution establishing the Menton-Rocha Townhouse Planned Development and a Resolution adopting the tentative subdivision map. M/S Rodin/Baldwin move to approve the Mitigated Negative Declaration carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None; ABSENT: None; ABSTAIN: None M/S Rodin/Baldwin move to approve the Resolution establishing the Menton-Rocha Townhouse Planned Development; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None; ABSENT: None; ABSTAIN: None M/S Rodin/McCowen move to approve the Resolution approving the Tentative Subdivision Map; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None; ABSENT: None; ABSTAIN: None UNFINISHED BUSINESS 6:10:24 P~l Mayor Ashiku asked to have Agenda Items 10.e - Goals: Community Services, Airport, Water/Sewer, and Item 11 c. Review and Prioritization of Planning projects to another meeting in order to cover the Agenda items in a timely manner. Councilmember Rodin recommended moving Agenda Item 11.d (discussion of Possible Options In response to sewer rates on Low Income Residents, Senior Citizens and Non-Profit Organization as the first item under New Business. Councilmember's concurred with the recommendations. a. Continued Discussion and Consideration of an Ordinance Regarding Campaign Reform - Baldwin, Rodin (Continued from 5/3/06) 6:?.] :.50 PM Councilmember Rodin reiterated ten items the Council had previously reached agreement on: · $100 contributiOn limit unless the candidate is a Fair Campaign Candidate in which case the limit is $250 · Same limits apply to independent committees · Same limits apply to in-kind contributions (may want to revisit) 10. 10. · Election cycle begins one year before the election · Election cycle Ends sixty days after election · Third filing due Tuesday before election · All contributions after the third filing date, must be reported within 24 hours · Loans, other than those from the candidate shall be considered to be regular contributions If a candidate agrees to accept the Voluntary Spending limits, they receive the following:: 1. 500-word statement and a photograph placed on the City's web site; 2. Mention in a City press release that they're a Fair Campaign Candidate 3. The right to use the term "Fair Campaign Candidate" in campaign literature, advertisements, etc. 4. Contribution limits are increased to $250. 5. Candidates can carry over funds from a previous campaign Further discussion continued regarding Campaign Contribution and Spending Disclosure; Disclosure on Mass Mailings, Print and Radio Advertisements, Telemarketing/Polls and Enforcement and Penalties. PUBLIC COMMENT OPEN: 7:02:55 PM Speaking in favor of Campaign Reform, holding the candidate accountable for any illegal campaign actions and encouraging the City Council to move forward with the process: Steve Scalmanini; Benj Thomas, Ron Epstein, Scott Cratty Public speaking in opposition of Campaign Reform - None PUBLIC COMMENT CLOSED .7:!7:01 PM There being several items not receiving support by three of the Councilmembers, it was agreed to continue this matter to a Special Meeting scheduled for May 31, 2006, 6:00 PM, City Council Chambers. Councilmember Rodin to provide hard copies of local ordinances adopted by cities in Sonoma County to all Councilmembers, as requested by Councilmember McCowen. Councilmember Rodin left the Council Chambers at 7:36:47 PM b. Receive Status Report Concerning Si.qn Ordinance Enforcement Activitie~ 7:37:07 PM Director Stump reported on the status of enforcing the City of Ukiah's Sign Ordinance stating the primary focus at this time is the banners and will take note to begin enforcement of the A- frame signs as well. The Code Compliance Officer is to provide contact dates an owner and include that information on his log. Council wishes to see significant progress before moving forward with the new Ordinance. PUBLIC COMMENT: Lisa Mammina encouraged the Code Compliance Officer to look into the abandoned sign situation. C. Review of Proposals and Creation of Panel to Interview Consultinq Firms for the Downtown/Perkins Street Community Visioning and Form Based Zoninq Project 7:44:01 PM Councilmembers Crane and Rodin recused themselves due to a Conflict of interest, leaving the Chambers at 7:45 pm. Director Stump stated three proposals have been received for this project. Staff recommends forming a panel or committee to interview all three firms. The panel or committee would include a member from the Planning Commission, Design Review Board, Council member and Planning Department staff. Councilmember McCowen stated he felt the Chamber of Commerce or Main Street Program, Smart Growth Coalition and the North Coast Builder's Exchange should be contacted. Councilmember Baldwin supports representatives 10. 10. 10. from Chamber of Commerce or Main Street Program, and the Smart Growth Coalition as members of the Panel as long as they reside within the City limits. With broad citizen representation, Councilmember McCowen stated a Councilmember would not be needed on the panel. Director Stump was directed to move forward with contacting the above-identified organizations and proceed as he deems appropriate, based on the response received from the organizations. Councilmembers Crane and Rodin returned at 7:49 PM d. Introduction of the Ordinance Amending Section 2000 of the Ukiah City Code, Pertaininn to Temporary Rules in City Parks, and Addinq a New Section 2000.2, Pertaininq to Rule~ for City Sponsored Concerts in the Park Mayor Ashiku reviewed the changes which ban dogs or other animals from Todd Grove Park during Sundays in the Park concert events; and, restricts any type of barbeque or cooking device during the event other than at a picnic table or area designated for such use. Director Sangiacomo stated that staff is recommending updating the language in the City Code relating to creating temporary rules and regulations for City Parks. The current code requires Council's confirmation of a temporary rule at its next regularly scheduled meeting, having the potential to inundate Council with non-practicable issues. The new language would allow the Director of Community Services, with approval by the City Manager, to implement temporary rules when necessary for the proper administration of and the regulation of conduct in City parks. The rules would be required to be posted and could not remain in force for a period of more than four months within a single calendar year, without the approval of the City Council. Discussion continued with councilmember McCowen suggesting broadening the term from "four months" to "180 days." If a member of the public feels this is an unreasonable term, they could approach the Council. PUBLIC COMMENT: Lisa Mammina asked when Orchard Park is to be opened. City Manager Horsley stated that the park is scheduled for a Grand Opening on June 24, 2006. M/S McCowen/Rodin Move To Introduce the Ordinance by Title Only, amending to provide for a temporary closure of 180 days; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None; ABSENT: None; ABSTAIN: None M/S McCowen/Crane Move Introduction of the Ordinance; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None; ABSENT: None; ABSTAIN: None e. Goals: Community Services (continued), Airport, Water/Sewer Matter continued to May 31, 2006, 5:30 PM, with Campaign Reform immediately following. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Ememency Uniform Cost Accountinq issues 7:58:48 PM Elizabeth Kirkley, Electrical Distribution Engineer, requested Council consider maintaining their declaration of an emergency status for the Lake Mendocino Hydroelectric Power Plant equipment refurbishment project. Staff is requesting to move ahead with negotiating a contract with a contractor, Source California. The Interim Public Utilities Director, Murray Grande is presently negotiating terms with the Contractor. City Attorney Rapport stated that a 4/5 vote is needed declaring the emergency condition described at the April 19, 2006 meeting still exists, based on information provided within the 11. 11. staff report by Elizabeth Kirkley. Staff reports as to the status of the repairs should be forthcoming to the Councilmembers at every meeting until the status report states the emergency no longer exists. Councilmember Baldwin questioned how staff responds to change orders. Elizabeth Kirkley stated that the contract under negotiation is a '~time and materials" contract. Concern is that until the generators are opened and inspected, it is unknown what the cost of repairs will be. M/S Rodin/McCowen Move the recommended action to continue to declare the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Project an emergency and continue to support its resolution and to procure contract services to perform the work through open market negotiations, thereby minimizing the risk of additional, costly repairs that may otherwise occur. AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None; ABSENT: None; ABSTAIN: None Councilmembers recess: 8:50:45 PM Meeting Reconvened: 9:03:01 PM NEW BUSINESS a. Discussion and Tentative Approval of Memorandum of Understanding Among City of Ukiah, Northcoast Railroad Authority (NCRA) and Mendocino Transit Authority (MTA) City Attorney Rapport reported that the NCRA Board gave tentative approval of the Agreement (Memorandum of Understanding) on May 10, 2006. At that time, neither the City of Ukiah nor the Mendocino Transit Authority had made comment. City Manager Horsley advised that the City would negotiate MTA's development on the site, subject to NCRA's approval. Also, should the railroad operator find that they need the entire depot for operations, NCRA would no longer be obligated to lease a portion of the Depot to MTA. Former Mayor Jim Mastin, approached the Council stating that MTA will consider this matter at their June 8, 2006 meeting. It is their understanding that a lease of 50 to 99 years would be allowable. Mastin additionally stated his concern that negotiations for the lease are between the City and MTA however, NCRA's approval must be received, which could result in additional time. City Attorney Rapport responded that there is nothing to obligate or prevent NCRA from participating in the negotiations. PUBLIC COMMENT: Public speaking in favor of "light rail": Lisa Mammina M/S McCower~Rodin to move approval of the recommended action of tentatively approving the Memorandum of Understanding until such time as Mendocino Transit Authority Board of Directors can provide additional comments; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku.. NOES: None; ABSENT: None; ABSTAIN: None b. Discussion and Direction Regarding Agreement Amonq Parties Contributinq Funds Toward Local Sponsor Share of the U.S. Army Corps of En.qineers Coyote Dam Feasibility Study City Attorney Rapport distributed a DRAFT of the proposed Cost Sharing Agreement for participants for Lake Mendocino Feasibility Study. The difference between this hand out and documentation included within the agenda packet, is that this text is readable; page 5 of the new agreement under item VI (document reflects "IV") previously had language written by Mr. Rapport which has been stricken by the Flood District; and, the original Flood Control proposal terminology has been reinserted. The flood control district approves of this Agreement with modifications and Potter Valley approves, with the inclusion that, if a participant defaults in payment as required within 11. 11. the agreement and is no longer a participant, the participant forfeits previously paid payments. City Attorney Rapport stated he had reviewed a letter distributed by the Employer's Council, commenting on the Feasibility Study and addressing raising the pool in the dam as one of the three priorities. Councilmember Baldwin stated the Council should move forward with support of this study and requested Councilmember Rodin take his position as a representative to the Inland Water and Power Commission (IWPC), with Councilmember Baldwin as her alternate; discussion relative to this matter to follow at a later time. M/S Crane/McCowen Move to proceed and agree to fund the City's appropriate share as indicated on page 2 of the Agreement to fund the first year of the Feasibility Study, Motion amended to read: "implicit within this action is funding of the first year cost of the Feasibility Study at $25,000 for 4 participants or $33,333 for 3 participants, our proportionate share, per the Agreement". Discussion: Councilmember McCowen stated he attended the District meeting where the topic of paying to study the feasibility of dredging the dam was discussed. This matter is expected to be addressed within the first year of the Feasibility Study and it is anticipated that there will be no dredging of the dam. He additionally reported that Director Groth from Redwood Valley Water District was in attendance at this meeting and stated he believed the District would be entering into the Agreement. City Attorney Rapport further clarified that participants in the Agreement will share in proportion to the contribution for the Feasibility Study but leaves the details that will occur to a future Agreement that has yet to be negotiated. The Agreement states no signatory to this agreement can share in the benefits, if there is a feasible project, unless there is an agreement among all the participants on how to do that. PUBLIC COMMENT: None Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None; ABSENT: None; ABSTAIN: None c. Review and Prioritization of Planninq Projects Continued to May 31,2006, 5:30 PM, City Council Chambers d. Discussion of Possibl® Options In Response to Sewer Rates on Low Income Residents, Senior Citizens and Non-Profit Orqanizations Risk Manager Sue Goodrick stated the November 2, 2005 Ordinance which put into place a five year rate schedule to pay for the Waste Water Treatment Plan Facility Rehabilitation Project has generated public response from Iow income and senior citizens. State statue does not allow using water and sewer revenues to provide reduced rates for Iow and moderate income customers. Staff has researched options for Council discussion.. Councilmember McCowen stated he believes this matter is part of larger discussion which includes review of the rate structure and participation with the Sanitation District. PUBLIC COMMENT: Public comment opposing the current fee structure and/or requesting detailed breakdown of usage from units to gallons: David Vilner, Judy Hatch, Janet Makray, Jean Harmon Public comment supporting the current fee structure: None Finance Director Mike McCann stated the first concern regarding the current fee structure was in regard to paying commercial rates that may negatively affect the tenants living in a multi-resident complex. Director McCann explained the formulas behind the sewer rate which was calculated on January 2006 water usage, stating that the rates in affect are fair and reasonable for the majority of the residents of the City of Ukiah. He stated there is a concern that some seniors may pay disproportionately higher rates if they reside in mobile home parks with high water usage. Seniors and others residing in single-family residences with Iow water usage may also pay higher rates per unit than households with high water usage due to the monthly minimum charge that is imposed regardless of usage. An outside consultant will need to be hired in order to adjust rates and any changes must be neutrally reviewed. The City will need to review its software capabilities to determine what adjustments can be made in the billing information. Discussion ensued regarding concerns by the residents that could be addressed internally. · Provide an informational flyer which provides the basics of understanding the utility bill; include the average cost of a 4-person family to use as a comparison; · Check for water pipes that are leaking; · Contact the billing software supplier. Request "units" be converted to "gallons" City Manager Horsley invited residents to come into City Hall and let the City's Customer Service Department work out a draft scenario which will provide a cost comparison. Residents were encouraged to do this before making the decision to spend funds for an individual meter. Mayor Ashiku stated there is no direction by the City Council to staff at this time. Matter continued to an undetermined date. 11. 11. e, Discussion and Direction Re.qardin.q Proposed Public Works and Enqineerin.q Department Fees Public Works Director Tim Eriksen stated that current fees cover approximately 75% to 85% of the cost to the City. The goal is to obtain a 100% cost recover from the applicants so that these costs are not borne by the citizen pool as a whole. M/S Rodin/Baldwin Move the Recommended Action to approve the City of Ukiah Public Works and Engineering Fee Schedule 2006, and direct Staff to prepare a Resolution establishing a City of Ukiah Public Works and Engineer Fee Schedule 2006. PUBLIC COMMENT: Public speaking in favor of the increased fees: None Public speaking in opposition of increased fees: Lisa Mammina Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None; ABSENT: None; ABSTAIN: None Set Dates for Fiscal Year 2006-07 Budget Hearinq_~ By unanimous consent, Budget Hearings are scheduled for Wednesday June 28, 2006 and Thursday, June 29, 2006, beginning at 8:00 AM. Councilmember Baldwin stated he may be absent due to a teaching commitment. 11. ,, 12. 13. 14. 15. g. Authorize City Mana.qer to Ne.qotiate and Siqn a Three-Year Audit Services Contract with Davis Hammon & Co., CPA's M/S Crane/Rodin to move the recommended action authorizing the City Manager to negotiate and sign a three-year audit services contract with Davis Hammon & Co., CPA's for a total first year cost of no more than $29,505. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None; ABSENT: None; ABSTAIN: None CONSENT CALENDAR (g) Authorize Mayor To Sign Form and Letter of Support For AB 2840 Related to Californians Against Higher Auto Insurance Rates - Councilmember McCowen. Councilmembers Baldwin and Rodin stated their individual concerns regarding this matter, citing additional time and research is needed in order to make an informed decision. Lengthy discussion ensued with Councilmember McCowen stating this is a time-sensitive matter and support of AB 2840 will keep things "status quo" until the specified study is completed. M/S McCowen/Crane move the recommended action to Authorize the Mayor to sign the form and letter of support for AB 2840 related to Californians against higher insurance rates. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, and Mayor Ashiku. NOES: Rodin, Baldwin; ABSENT: None; ABSTAIN: None COUNCIL REPORTS None CITY MANAGEPJCITY CLERK REPORTS None City Attorney Rapport announced he had attended a Spring City Conference leading a discussion on possible amendments to the Fair Political Practice Commission regulations for small cities. CLOSED SESSION URA None ADJOURNMENT There being no further business, the meeting adjourned at 9:54 PM. By: 'G{'ail Petersen, Deputy City Clerk