HomeMy WebLinkAboutMin 09-06-06 CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
September 6, 2006
6:00 p.m.
The Ukiah City Council met at a Regular Meeting on September 6, 2006, the notice for which being legally
noticed on September 1, 2006. Mayor Ashiku called the meeting to order at 6:05 pm. Roll was taken with
the following Councilmembers present: Crane, McCowen, Baldwin and Mayor Ashiku.
Councilmember absent: Rodin. Staff present: City Manager Horsley, Sage Sangiacomo Community
Services Director, City Attorney Rapport and City Clerk Petersen6:06:19 PM
2. PLEDGE OF ALLEGIANCE was led by Councilmember Baldwin.
.
PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation - United Way Day of Caring September 13, 20066:07:19 PM
Councilmember McCowen read and presented the Proclamation to Allyne Brown, Member of the
United Way of Sonoma, Mendocino and Lake County Board of Directors and the Chairperson of the
local Community Council.
b. Appointment of David Smith-Ferri As New Poet Laureate of Ukiah for 2006 -2008 Term6:09:47
PM Community Services Director Sangiacomo introduced Ms Teresa Whitehill, member of the
Ukiah Laureate Committee. Ms Whitehill requested the City Council to confirm Mr. David Smith-
Ferri for a two-year period. Linda Noel, former Poet Laureate, expressed her appreciation to the
Council for their support and introduced Mr. Smith-Ferri.
c. Presentation of Certificate of Appreciation to Ukiah Police Department from Mendocino County
6:13:22 PM
Ben Stough, Court Executive Officer for the Mendocino County Superior Court, stated that he and Ms.
Dianne Marshall, Therapeutic Courts Administrator, are pleased to present two Certificates of
Recognition to the Ukiah Police Department for their continued support of the Mendocino County
Therapeutic Court. City of Ukiah Police Chief, John Williams, accepted Certificates of Recognition
from the California State Assembly and the United States Senate.
4. PETITIONS AND COMMUNICATIONS
None.
.
APPROVAL OF MINUTES 6:16:36 PM
M/S McCowen/Crane approving the Minutes (Agenda Items 5."a" through 5."e") as submitted
a. Regular Meeting Minutes of May 3, 2006
b. Regular Meeting Minutes of July 19, 2006
c. Regular Meeting Minutes of August 2, 2006
d. Regular Meeting Minutes of August 16, 2006
e. Regular Adjourned Meeting Minutes of August 28, 2006
Motion carried by a unanimous AYE vote, with Councilmember Rodin Absent
.
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.
7. 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.
M/S Baldwin/McCowen to approve the Consent Calendar moving Item 7."i" to New Business 11. "e"
a. Report of Acquisition of Second Set of 24 Lengths of 2-1/2 Inch Fire Hose from Jaeco Fire and
Safety in the Amount of $8,444.18 (including tax and estimated shipping)
b. Award of Bid to Nesco Sales & Rentals for the Purchase of a Cargo Reel/Pole Dolly in the Amount
of $26,227.91 and Underground Cable Puller in the Amount of $91,536.77
c. Notification to Council Regarding the Award of Bid for 3000 Feet of 750 MCM Aluminum, 600V,
Single Conductor Cable to Hughes Supply in the Amount of $7,392.73
d. Notification to Council Regarding the Award of Bid for 5000 Ft. of 500 MCM Aluminum, 600v,
XLP Single Conductor Cable to Hughes Supply in the Amount of $9,126.43
e. Award of Bid for 9,000 Feet of 4/0 AWG AL, 15 KV, EPR Insulated, Single Conductor, Jacketed
Concentric Neutral Underground Cable to the Okonite Company in the Amount of $27,899.71
f. Rejection of Claim for Damages Received from Rachell L. Boen and Referral to Joint Powers
Authority, Redwood Empire Municipal Insurance Fund
g. Report to City Council Regarding the Annual Purchase of 50 Tons of Top Dressing Sand and 50
Tons of #20 Deep Coring Sand for the Ukiah Municipal Golf Course from Borges Transfer In The
Amount Of $6,116.97
h. Notification to Council Regarding the Award of Bid for 4500 Ft. of#2 AWG, 15KV, EPR
Insulated, Single Conductor, Jacketed Concentric Neutral Cable to Champion Wire & Cable in the
Amount of $9,939.94
i. Notification to Council of Automatic Increase in Garbage Rates and Fees, Effective October 1,
2006
j. Report of Disposition of Surplused Used Equipment
k. Award Purchase of One Gorman-Rupp 8" X 8" Diesel Engine Driven Portable Pump to Thomas
and Associates For The Total Amount Of $38,717.80
1. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency
m. Approval of Notice of Completion for Airport Improvement Project FAA Grant Work, FAA Grant
#3-06-0268-6 & 3-06-0268-7, Specification # 03-10
n. Report to Council on Acquisition for Design Services from SHN for FEMA Disaster Repairs
o. Award of Bid to Bell Lumber & Pole Co. for Purchase of Wood Poles for the Renovation of the
Lighting System for Field 2 at the Ukiah Sports Complex the Amount of $17,817.54
p. Request for Budget Amendment for Payment of Annual Federal Energy Regulatory Commission
(FERC) Administrative Charges for the Lake Mendocino Hydroelectric Power Plant in the Amount
of $7,900
q. Notification to Council Concerning the Purchase of Eight Sample Stations from American Machine
& Conveyor Corporation in the Amount of $5,795.25
Motion carried by the following roll call vote: AYES: Crane, McCowen, Baldwin and Mayor
Ashiku; NOES: None; ABSTAIN: None ABSENT: Rodin
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
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.
None
9. PUBLIC HEARINGS (6:15 PM)
a. Amendment of the Transfer Station Contract to Allow Partial Recovery of Increased Fuel
Costs Related to Disposal of Garbage by the Ukiah Transfer Station6:19:51 PM
Gordon Elton, Interim Finance Director and Tim Eriksen, Public Works Director, reviewed the provisions
within the City of Ukiah's Franchise Agreement with Solid Waste Systems, Inc., (SWS) relative to the
transfer station requirement of an annual adjustment to the gate fees. The adjustment is calculated by a rate
factor based on 50% of the change in the Consumer Price Index from January 2005 to January 2006,
resulting in the following rates:
· Increase for self haul from $11.10 to $11.25/cubic yard
· increase from $56.71 to $57.51/per ton for compacted garbage
Finance Director Elton stated the annual adjustment based on the CPI is brought to the Council as a matter
of notification and no action is necessary.
Due to increases in fuel, Solid Waste Systems Inc., is requesting an amendment to ~e current contract, and
if approved, would include a one-time increase not to exceed $1.45 per ton, in order to recover a portion of
the increase in fuel costs.
Lengthy discussion ensued with Councilmembers Crane and McCowen voicing their opinion that a
comprehensive review is needed prior to approving a surcharge. The review would include, but not be
limited to:
· Mixed load surcharge
· Rates posted at gate not consistently charged
· Demolition and construction debris
· Increased value of recyclables, including scrap metal
· Savings costs of"possum belly" trucks vs previously-used trucks
· Current cost of Workers' Compensation Insurance
Public Comment Opened 6:32:53 PM
Bruce McCracken of Solid Waste Systems, concurred with Councilmember McCowen that the possum
belly trucks do cut down on the load counts however; the fuel increase has gone beyond what the possum
belly trucks have saved.
Responding to decreases in Workers' Compensation, Mr. McCracken stated that even with the Workers'
Compensation Reform, when compared to year 2001, current Workers' Compensation costs are higher.
Replying to concerns relative to recyclables and using cardboard bales as an example, Mr. McCracken
stated these are commodities and prices vary.
John Warren, Accountant for Solid Waste Systems, Inc., stated that Workers' Compensation rates are
running the Company around 39%. When the contract became effective in October of 2001, the rates were
less than 13%. He stated the Company's position is that they would not approach the City Council for
consideration of an increase for items that are controllable; fuel increases are out of the Company's control.
6:36:03 PM
Jim Salyers stated that the mixed load surcharge was put into place to promote recycling. He additionally
stated that a meeting is scheduled for Thursday, September 7, 2006 with Mendocino Solid Waste
Management Authority (MSWMA), Solid Waste Systems and representatives from the City of Ukiah and
Mendocino County to discuss the matter of mixed loads. Mr. Salyers stated that the request for the one-
time increase due to fuel costs is the issue for discussion and is willing to forego the request, if the Council
would rather receive a comprehensive analysis of Solid Waste Systems, Inc. expenditures and revenue. He
further reported that Solid Waste Systems, Inc. will be moving forward on the construction/demolition
recycle project.
City Manager Horsley stated, that based on previous reviews of Solid Waste Systems' records which
occurs every three years, approximately four months would be needed in order to complete the review.
M/S Crane/McCowen move to instruct staff to discuss a construction and demolition ordinance, analyze
rates for recycling and Workers' Compensation return with a recommendation about fuel surcharge in the
context of preliminary plans and agreements towards favorable outcome for the City meeting the State's
recycle standards, amending the current contract. 7:05:03 PM
Discussion followed. City Manager Horsley requested a brief recess in order to speak with
representatives from Solid Waste Systems, Inc.
Recess: 7:12:16 PM Meeting reconvened: 7:20:50 PM
City Manager Horsley reported on the brief meeting, stating:
· Per Mr. Warren, SWS's current recordkeeping format is inconsistent with what the City needs to
review when analyzing the elements of the contract. Four to six months is needed to recreate the
records.
· At the September 20, 2006 meeting, a report will be provided on the fuel and scrap metal costs, as
well as the savings due to the utilization of the possem belly trucks.
· At the September 20, 2006 meeting, a report will be presented regarding mixed load based on the
meeting between staff and SWS.
Councilmember Crane amended his previous motion to move that staff meet with the contractor to
develop contract concepts to provide for a one-year fuel surcharge, and enable language to build multiple
rates for materials brought to the transfer station. Seconded by Councilmember McCowen agreeing to
the revision to the original motion.
Motion carried by the following roll call vote: AYES: Crane, McCowen, Baldwin and Mayor Ashiku;
NOES: None; ABSTAIN: None; ABSENT: Rodin
7. CONSENT CALENDAR
i. Notification to Council of Automatic Increase in Garbage Rates and Fees, Effective October 1,
2006
M/S Crane/McCowen to approve Consent Calendar Item 7.i Motion carried by a unanimous AYE
vote, with Councilmember Rodin Absent
7:25:38 PM
10. UNFINISHED BUSINESS.
a. Introduction of Ordinance Amending Ukiah City Code Sections 1521 and 1522 Governin~
Procurement Procedures - continued from August 16~ 2006 7:25:55 PM
City Attorney Rapport reviewed the revisions made to the Ordinance based on discussion at the
August 16, 2006 meeting. Referring to page 8. Section D. Miscellaneous, Attorney Rapport
stated a third item had been added:
3. "When soliciting bids or proposals, the Purchasing Officer shall use all practically available
means to solicit proposals from qualified bidders who appear on any list of bidders maintained
by the City, including the Bidders' List referenced in Section 1521.A.2. The Purchasing Officer
may develop specialized bidders' lists for each type of contract described in this Section 1522,
including contracts for equipment and supplies, public projects, personal service and
maintenance services. The Purchasing Officer shall notify potential suppliers or contractors
who contact the City of the opportunity to be listed on bidders' lists, including through the
City's website".
Attorney Rapport stated that a provision regarding separating out utility systems is included within
the revised Ordinance. The provision provides that the utility department may use procedures for
informal and formal bidding under the Uniform Construction Cost Accounting Act pending adoption of
a Resolution which establishes the procedures. A request for an opinion from a member of the
Uniform Construction Cost Accounting Act Commission regarding this matter has been sent. To date,
no response has been received.
Lengthy discussion ensued in response to Counciimember Crane's comments and recommendations
regarding the Ordinance.
· Insert: "and on the City's website" (Section One, 1521, A. 1."Published Notice", last sentence).
· Insert verbiage stating that the specified license or any other license that would qualify the
bidder to perform the work is required.
· Bids, forms, specifications, drawings and other elements and data required shall be available on
line at no charge to bidders.
Public Comment Opened
Eric Crane, member, North Coast Builders Exchange (NCBE) reviewed the process the Exchange has
in place for posting of notices, specifications, forms, etc.
Public Comment Closed
M/S McCowen/Crane to approve the Introduction of Ordinance Amending Ukiah City Code Sections
1521 and 1522 Governing Procurement Procedures by title only as revised:
o 1521 A. insert at the end of the sentence, "..all in accordance with policies adopted by the
Cit~ Council"
o 1521A Item 1, page 1, second sentence, add after "Notices shall be published at least once
in a newspaper of general circulation, printed and published in the City, "and on the City's
website, or if there is none, it shall be posted.."
o Item D. Miscellaneous, Page 8, Item 3. second sentence, add after "To aid in accomplishing
this goal, the Purchasing Officer shall solicit proposals from qualified bidders who appear
on any list of bidders maintained by the City, including the Bidders' List referenced in
Section 1521.A.2. The Purchasing Officer may-" shall" develop specialized bidders' lists
for each type of contract described in this Section 1522..."
Motion carried by the following roll call vote: AYES: Crane, McCowen, Baldwin and Mayor
Ashiku; NOES: None; ABSTAIN: None; ABSENT: Rodin
City Clerk Petersen read the Ordinance by Title
M/S McCowen/Crane to approve the Ordinance by Title only, as revised:
o 1521 A.
o 1521AItem 1 ,
o Item D. Miscellaneous, Page 8, Item 3.
Motion carried by the following roll call vote: AYES: Crane, McCowen, Baldwin and Mayor
Ashiku; NOES: None; ABSTAIN: None; ABSENT: Rodin
Staff directed to return with a formal, written policy and a statement that posting of bids, forms,
specifications, drawings, other elements and data requirements, shall be available on-line at no charge
to the bidder.
A bidders' list shall be posted on the City's web-site at no charge.
Counciimember McCowen stated that a few members of the public have questioned, if buildings used
(owned or leased) by the Public Utility Department in the course of their operation are considered part
of the electric utility system? Brief discussion followed; Attorney Rapport requested to draft
correspondence to Mr. Pfeiffer of the Uniform Construction Cost Accounting Act Commission for a
determination.
11. NEW BUSINESS
a. Adoption of a Resolution Approving a 3 MW Participation in the Northern California Power
Aeency (NCPA) Green Power Pro, iect (NGPP) and the Member Agreement (3rd Phase
A~reement) to Purchase Green Power from NCPA Acquired Through PPAs and Physical Assets
Classified As Renewable Electric Generating Pro. iects8:00:27 PM
Liz Kirkley, Electrical Distribution Engineer reported this is the third phase of the Northern California
Power agency Green Power Project. Ms Kirkley stated the City's share of costs for the project will
displace funds budgeted for market power purchases which are included within the Department's
budget.
M/S McCowen/Baldwin to adopt the Resolution authorizing the City Manager or his/her designee to
execute the Northern California Power Agency Green Power Project 3ra Phase Agreement to conduct
the necessary due diligence, and negotiate power purchase contracts for up to 3 MW of electric energy
supplies generated by renewable electric generation projects. Motion carried by the following roll
call vote: AYES: Crane, McCowen, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None;
ABSENT: Rodin
b. Adoption of a Resolution Approving the Transmission Agency of Northern California's
Amended and Restated Project Agreement No. 5 (Pa5) for Participation in an Open Access Same
Time Information System (Oasis) and Delegation of Authority to the City Manager to Executo~
Amendments to the Agreement
M/S Baldwin/Crane to adopt the Resolution approving the amendment to the Transmission Agency of
Northern California Project Agreement No. 5 for the participation in the WesTTrans Open Access
Same Time Information System, and authorize the City Manager to execute the contract amendment
and, delegate the authority to the City Manager to approve and execute amendments to the Agreement.
Motion carried by the following roll call vote: AYES' Crane, McCowen, Baldwin and Mayor
Ashiku; NOES: None; ABSTAIN: None; ABSENT: Rodin
c. Adoption of Resolution Approving an Application for Proposition 50 California River
Parkways Competitive Grant Program for Riverside Park Development and Approval of Up to
$15~000 for Grant Writing Technical Assistance
Community Services Director Sangiacomo reported that the passage of Proposition 50, the "Water
Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002" provided funding for the
acquisition, restoration, protection, and development of areas along rivers, streams, and creeks. Staff
has identified that grant funding from this program is a source for the development of the Riverside
Park Project which is currently under development. Director Sangiacomo requested Councilmembers
to consider approving $15,000 from the Open Space Special project Reserve Fund to assist with the
grant application and recommended that the resolution and grant application be continued to the
September 20, 2006 meeting when all Councilmembers will be present. 8:21:2 ! PM
Public Comment Opened
Benj Thomas questioned what the risk of flooding and possible damage would be. City Manager
Horsley stated the majority of the area that could be affected by flood waters is a passive section at the
bottom of the park and noted that the damage would be minimal.
Public Comment Closed
M/S McCowen/Crane to approve technical assistance funding for the grant application not to exceed
$15,000, from the Open Space Special Project Reserve Fund. Motion carried by the following roll
call vote: AYES: Crane, McCowen, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None;
ABSENT: Rodin
d. Approval of Council Policy Resolution llc Which Allows the Display of Approved Banners
Over the Public Right-Of-Way Along State Street in Downtown Ukiah 8:25:20 PM
Community Services Director Sangiacomo reported that the Ukiah Main Street Program proposes to
create a limited banner program in thc right-of-way along State Street in downtown Ukiah. The
banners will bc displayed on twelve metal street light po]es that are located between Clay and Henry
Streets. Hc reported that thc displays are intended to promote the City's image and economic
development. Director Sangiacomo stated that the Ukiah Main Street Program has pledged to purchase
thc mounting hardware, however; the applicant would incur the cost of banner fabrication and thc
application fee paid to the City would include the cost to hang and remove each banner which will be
preformed by a local contractor. Initial installation of thc hardware will bc completed by City Staff.
Director Sangiacomo stated that with the adoption of Policy Resolution 1 lC, there will be a revision as
to the types of banners and messages that will bc allowed.
Counciimember Baldwin stated his dislike of the plastic banner that hangs over N State Street, 365
days a year, stating he will support the resolution if it is tied to the plastic banner over State Street and
the matter is brought back for review as part of the sign ordinance.
Councilmember Crane covered topics of concern which included not restricting the fabrication or the
technique to one vendor and to establish guidelines.
Public Comment Opened 8:28:57 PM
Public speaking in support of the banners
Tom Liden - Ukiah Main Street Board member
Public Comment Closed
M/S McCowen/Crane to adopt Policy Resolution 11 C, Resolution of the City Council of the City of
Ukiah allowing Banners over public right-of-way and encourage the guidelines to be flexible along
Councilman Crane's comments and there be leeway for the timeframe of staff' s approval.
Director Sangiacomo requested minor revisions to the Resolution, as follows:
o Page 1, Second "Whereas" to read: "WHEREAS, the City Council wishes to allow certain
banners above public rights-of-way at specific public property locations and"
o Page 1, "NOW, THEREFORE..", to read "NOW, THEREFORE, BE IT RESOLVED by the
City Council of the City of Ukiah that banners meeting the following criteria are allowed to be
hung, flown, or otherwise located at specific public propert~ locations within or above a public
right-of-way"
Motion amended to include revisions to the Resolution as noted. Motion carried by the following roll
call vote: AYES: Crane, MCCowen, Baldwin and Mayor Ashiku; NOES' None; ABSTAIN: None;
ABSENT: Rodin
12. COUNCIL REPORTS
Councilmember McCowen reported the Mendocino County Lodging Association has selected its
contractor to carry out their promotional program using funds derived from the Improvement District.
Representatives from the Wine, Grape and Wine Commission have been invited to participate.
Counciimember Baldwin expressed his concern about the extended hours and days at the state
fairgrounds, stating that the noise from the races occurs more often and later into the evening. He
suggested that the City consider protesting the hours and days of these events.
13. CITY MANAGER/CITY CLERK REPORTS
None
14.
CLOSED SESSION- ADJOURNMENT at 8:45:04 PM as the Ukiah Redevelopment Agency
a. Conference with Labor Negotiator, Government Code 54957.6
Employee Negotiations: Police Unit
Negotiator: City Manager
Reconvene as the City Council at 10:40 PM
Mayor Ashiku announced that the Agreement for an increase in health insurance contributions for the
police bargaining unit was approved.
15. ADJOURNMENT at 10:45 PM
With there being no further business, the meeting was adjourned at 10:45.
Gail Petersen, City Clerk