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CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting Minutes
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
September 20, 2006
ROLL CALL 6:09:23 p.m.
Councilmembers Present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku.
Staff Present: City Manager Horsley, Interim Finance Director Elton, City Attorney
Rapport, Community/General Services Director Sangiacomo, City Engineer Eriksen,
Planning Director Stump, Interim Director of Public Utilities Grande, Economic Development
Coordinator/Assistant to City Manager Ballek, Electrical Distribution Engineer Kirkley, and
Recording Secretaries Elawadly and Currie.
PLEDGE OF ALLEGIANCE
Councilmember Rodin led the Pledge of Allegiance. 6:10:10 PM
Mayor Ashiku stated the Urgency Item regarding "Award of Contract for the Lake
Mendocino Hydroelectric Plant Tainter Valve Modification Project" will be heard as agenda
item 10b(1 ).
MIS Crane/McCowen approving the request to place the Urgency Item on the agenda.
Motion carried by an all AYE voice vote of the Councilmembers present.
PRESENTATION/INTRODUCTIONS/PROCLAMATIONS
a. Proclamation - Max Hartley Way
Mayor Ashiku read the Proclamation naming Ukiah Airport Access Road - Max Hartley
Way. Airport Commission Chair Bill Beard and Leonard Winter elaborated on Max
Hartley's lifetime contributions/achievements. City Airport Commission Vice-Chair Dottie
Deerwester invited City Councilmembers, staff, and the public to attend the unveiling of
the Max Hartley Way road sign at the Chamber of Commerce mixer on Thursday,
September 28, 2006 at 5:30 p.m., which will be held at the Airport.
bi
Introduction of New Finance Director- Brent Smith
City Manager Horsley introduced new Finance Director Brent Smith and briefly
commented on his educational and professional credentials and accomplishments.
PETITIONS AND COMMUNICATIONS
None
APPROVAL OF MINUTES
a. Regular Adjourned Meeting Minutes of August 21, 2006
Councilmember McCowen recommended the following change to the minutes:
Regular City Council Meeting Minutes
September 20, 2006
Page1
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Page 1, agenda item 4b, last sentence should read, "Councilmember McCowen further
stated the expanded residency requirement should be applicable for all advisory boards
and commissions only and not the Planning Commission."
MIS Crane/McCowen approving Regular Adjourned Meeting Minutes of August 21,
2006, as amended. Motion carried by an all AYE vote of the Councilmembers present.
RIGHT TO APPEAL DECISION
Mayor Ashiku read the Right to Appeal Decision.
CONSENT CALENDAR
Councilmember Crane recommended item 7b be pulled and considered under agenda
item 1 lf.
MIS McCowen/Rodin approving Consent Calendar items "a" through "m" and item "b" to be
considered under agenda item11f as follows:
a. Report of Disbursements for the Month of August 2006
b. Adoption of Ordinance Amending Ukiah City Code Sections 1521 and 1529
Governing Procurement Procedures
c. Adoption of Resolution Establishing Fees for Posting Voluntary Campaign
Limit Candidate Statements to the City's Website
d. Award of Bid for New Swift water Rescue Boat to All Country Industrial and
Marine in the Amount of $21,417.02
e. Award of Contract to California Pavement Maintenance Co., Inc. for Slurry Seal
Aprons at Ukiah Regional Airport, Specification Number 06-09 in the Amount
of $27,418.30
f. Accept Mendocino Solid Waste Management Authority (MSWMA) Budget
g. Adoption of Resolution Approving an Application for Proposition 50 California
River Parkways Competitive Grant Proqram for Riverside Park Development
h. Report of Acquisition of Services in the Amount of $100,000 to Hart High
Voltaqe Apparatus to Perform Inspections, Testing, Cleaning and Maintenance
at the Gobbi Street Substation Due to Damaged Buswork and Request for
Additional $25,000 for Completion of Work
Rejection of Bids for Street Striping 2006, Specification Number 06-08
ADDroval to Purchase Replacement Computer Equipment from Dell Marketinq,
L.P. in an Amount of $20,045.32
k. Award of Bid For Purchase of Three Patrol Car Vehicles in the Amount of
$98,262.41 to Wondries Fleet Group
Status Report of FEMA Storm Damage Repairs
Award Bid for Replacement of High Side Businqs on TR-1 and TR-2 and a
Three-Phase Ganq Operated Switch at Gobbi Street Substation to Harreld's Hi-
Voltage in the Amount of $13,845
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen,
Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
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AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one from the audience came forward.
Regular City Council Meeting Minutes
September 20, 2006
Page 2
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PUBLIC HEARINGS (6:15 PM) 6:26:24 PM
a. Adoption of Findings and Final Action on HulllPiffero Use Permit Application -
continued from August 2, 2006
This agenda was continued from the regular City Council meeting of August 2, 2006
in order to permit the City Attorney to research Civil Code Section 1353.5 and to
consider the adoption of findings and final action concerning the Hull/Piffero Use
Permit application for relief from height limit for their flagpole.
The Use Permit is also to allow minor grading, concrete pad construction, and the
installation of lighting fixtures to illuminate the flag pole and flag. A motion is still
pending from the August 2 meeting to approve the use permit subject to a height
limit of 32.5 feet above the grade.
Planning Director Stump advised the only new information is the recent material
the applicants just submitted, relating to the history of the legislative intent of
Government Code Section 434.5, which the applicants indicate should further define
the Councils' ability to decide the issue. He added that the City Attorney will
comment on the Civil Code/Government Code that addresses the height of the flag
pole and display of the American flag. He further advised that the applicants request
a continuance of this matter to a date uncertain so that the law firm working on their
behalf has sufficient time to receive additional documents necessary to prepare for a
public hearing in this regard. The applicants also desire to amend the language on
the Use Permit application to state that the applicants are seeking a Use Permit that
allows them to fly a 25'X 40 American flag, which requires a flag pole of 45 feet
minimum height.
Ric Piffero addressed the material/information relating to the legislative intent of
Government Code Section 434.5 that the applicants indicate bars the City from
regulating the height of a flag pole from which the American flag is flown.
City Attorney Rapport acknowledged the material that addresses the legislative
intent of the Government Code section essentially presents a historical review of this
code and that the new information would not likely change his written opinion.
A lengthy discussion followed regarding continued discussion of the project issues
and relevant code sections regulating the height of the flag pole and whether a
,continuance should be granted. Some of the Councilmembers favored a continuance
. based on submittal of the new information and others cited/commented on the City
Attorney's opinion of its relevance or lack thereof.
Dave Hull stated the new information is relevant to the City Council's decision
whether to grant or deny the Use Permit, and supported allowing for a continuance
to allow time for further review of the material by staff and the Council.
Councilmember Rodin pointed out that the issue is not about taking away the right
to fly a flag, but the height of the structure and that perhaps the matter should be
continued until after the November election, as there may be political implications.
Regular City Council Meeting Minutes
September 20, 2006
Page 3
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Additional discussion followed regarding the relevance of allowing more time to
review the new material.
The Council discussed the motion that is still on the table from the August 2 meeting
regarding approval at a compromise height at 32.5 feet and whether this motion is
still applicable.
Ric Piffero commented on the discussions above and stated, in his opinion, it is
apparent the material would not change the opinion of some Councilmembers
supporting denial of the project and therefore, withdrew his request for a
continuance.
The Council further discussed the issue of whether to continue the matter.
MIS CranelMcCowen approving continuance of the Hull/Piffero Use Permit to the
October 4, 2006 meeting. Motion carried by the following roll call vote: AYES:
Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES:
None. ABSTAIN: None. ABSENT: None.
Amendment of the Transfer Station Contract to Allow Partial Recovery of
Increased Fuel Costs Related to Disposal of Garbage by the Ukiah Transfer
Station- continued from September 6, 2006 7:23:29 PM
Interim Finance Director Elton reported at the regular September 6 City Council
meeting, Council directed staff to provide additional information regarding a contract
amendment with Solid Waste Systems (SWS) to allow a one-time rate increase at
the transfer station of $1.45 per ton based upon the increased cost of fuel for hauling
garbage.
The Council discussed the "Selected Transfer Station Expenses" from 2002 through
2005 chart that specifically demonstrates the increase in personnel-related and fuel
costs offset by revenue received from the sale of metal. It was noted the increased
costs exceed the CIP adjusted cost for personnel and fuel. Therefore, staff
recommends approval of the surcharge for increased fuel costs.
MIS Rodin/Baldwin approving amendment of the Transfer Station contract to allow
a rate increase for fuel of $1.45 per ton by the Ukiah Transfer Station and authorize
the City Manager to execute the amendment on behalf of the City. Motion carried by
the following roll call vote: AYES: Councilmembers Crane, Rodin, Baldwin, and
Mayor Ashiku. NOES: Councilmember McCowen ABSTAIN: None. ABSENT: None.
11.
Regular City Council Meeting Minutes
September 20, 2006
UNFINISHED BUSINESS
a. Lake Mendocino Hydroelectric Plant Refurbishment Project Budqet and
Schedulin.q Update; Authorize the Expenditure of Additional Funds Necessary
to Complete the Project
Interim Utility Director Grande reported staff is requesting that Council authorize
the expenditure of additional funds necessary to complete the Lake Mendocino
Hydroelectric Plant equipment refurbishment and other engineering upgrades. He
commented on the changes in the refurbishment scope of work that was necessary
because the equipment is approximately 20 years old or older, and anticipated
startup date schedule/plans.
Page 4
It is expected that the plant will be ready for a restart and that the cost of repairs will
be paid back within approximately 2.5 years.
7:58:15 PM Lee Howard stated the matter of the public bid award and
corresponding contract made due to the emergency needs as a result of the flood
last winter does not comply with the Uniform Construction Cost Accounting Act.
City Attorney Rapport stated the bid award was made due to the declared
emergency as a result of the flood whereby the usual contract procedures were not
necessary.
It was noted the City appropriately went through the bid process and only General
Electric (GE) responded and since this time other flood related problems in
connection with the plant have become apparent.
MIS CranelMcCowen approving authorization for expenditure of additional funds
necessary to complete the Lake Mendocino Hydroelectric Plant refurbishment
project. Motion carried by the following roll call vote: AYES: Councilmembers Crane,
McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None.
ABSENT: None.
10.
b(1).
URGENCY ITEM - Award of Contract for the Lake Mendocino Hydroelectric
Plant Tainter Valve Modification Project
It was noted that the City solicited bids for the modification of the Lake Mendocino
Hydroelectric Plant tainter valve in which a re-bid was necessary. Staff recommends
the bid and contract be awarded to D.W. Nicholson to perform the work. Time is of
the essence and in order to keep the hydro project on schedule, the contract will
need to be awarded as soon as possible.
MIS Crane/Baldwin approving authorization for staff to award the contract for the
Lake Mendocino Hydroelectric Plant tainter valve modification project to D. W.
Nicolson. Motion carried by the following roll call vote: AYES: Councilmembers
Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN:
None. ABSENT: None.
b.
Receive Status Report Concerning Si.qn Ordinance Enforcement Activities and
Provide Direction to Staff
Planning Director Stump reported the Code Compliance Coordinator currently
monitors and oversees cases that involve complaints regarding junk and debris,
marijuana cultivation, illegal businesses, encroachments in the public right-of-way,
rodent/pest infestations, fences exceeding the height limit, overgrown vegetation,
farm animals in the City, excessive noise, sign ordinance compliance violations, and
skateboarding in unauthorized areas.
Planning Director Stump stated staff has been exploring ways to expedite sign
code compliance. If a property owner does not make a sincere attempt to correct a
violation after two contacts, staff is prepared to refer the case to the City Attorney.
He referred to "Attachment 1" pertinent to the Banner Violation Log, as an example
of the tracking method concerning enforcement of violations to the Sign Ordinance.
Regular City Council Meeting Minutes Page 5
September 20, 2006
The Council reviewed the sign ordinance enforcement report and discussed methods
on how to more effectively track repeat violators, follow-up on documented
information by determining the number of contacts made for a particular violation,
and decide at what point such cases should be reviewed by the City Attorney and/or
impose a fine/citation. It was noted procedural changes may be necessary in order
to expedite compliance.
MIS McCowenlRodin to accept the report and direct staff to allow for two personal
contacts and if compliance is still not attained, have the City Attorney write a letter, If
this does not achieve compliance, staff is to determine the appropriate action to
attain the necessary enforcement. Motion carried by the following roll call vote:
AYES: Councilmembers Crane, McCowen, Rodin. NOES: Councilmember Baldwin,
Mayor Ashiku. ABSTAIN: None. ABSENT: None.
Co
Summary and Discussion of Traffic Issues Associated with the Development of
the Airport Business Park
Planning Director Stump reported on the history pertinent to traffic issues
associated with development in the Airport Industrial Park (ALP). In 1995, an EIR
was certified by Council for build out of the AlP, which identified a number of
significant impacts that would result at build out. The City has relied on the EIR to
make planning decisions and successfully mitigate impacts as the developments
have occurred.
It was consensus of the Council to direct staff to provide additional information
regarding traffic issues in conjunction with the goal of reaching optimum circulation
and safety needs, including additional information on the feasibility of utilizing other
access routes to accommodate the anticipated traffic load and establish a secondary
access for emergency access purposes.
d.
Authorize Execution of Amendment to the Aqreement with EBA En.qineerinq in
an Amount Not to Exceed $109,502.22 for Implementation of the Feasibility
Study and Corrective Action Plan at the Corporation Yard 8:56:19 PM
Discussion ensued regarding the project structure.
Public Comment: 9:04:48 PM Lee Howard discussed the City's purchasing policies
and procedures.
MIS Rodin/Baldwin approving authorization to execute amendment to the
agreement with EBA Engineering not to exceed $109,502.22, carried by the
following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin,
and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
9:24:50 PM Break
9:34:50 PM Back in session
e.
Review of City Limits and Service Boundaries 9:35:50 PM
Item continued.
Regular City Council Meeting Minutes
September 20, 2006
Page 6
Introduction of Ordinance of the City Council of the City of Ukiah Amendinq
Section 62 of the Ukiah City Code, Pertaining to Compensation of Mayor and
City Councilmembers 9:48:28 PM
MIS Rodin/Baldwin to approve the Introduction of Ordinance amending Section 62
of the Ukiah City Code pertaining to compensation of Mayor and City
Councilmembers by Title Only, carried by the following roll call vote: AYES:
Councilmembers McCowen, Rodin, and Baldwin. NOES: Councilmember Crane and
Mayor Ashiku. ABSTAIN: None. ABSENT: None.
Councilmember Rodin read the Ordinance by Title Only.
MIS Rodin/Baldwin to approve the Ordinance by Title Only, carried by the following
roll call vote: AYES: Councilmembers McCowen, Rodin, and Baldwin. NOES:
Councilmember Crane and Mayor Ashiku. ABSTAIN: None. ABSENT: None.
go
Possible Approval to Participate in Request for Offer to Purchase Claim in
Calpine Bankruptcy and Authorize City Manager to Accept Offer and Execute
Transaction Documents
Motion made after Closed session.
11.
NEW BUSINESS
a. Ukiah Valley Area Plan Status Report 9:51:45 PM
Director Stump briefly reviewed report. Discussion ensued.
It was consensus of the Council to receive the status report on the Ukiah Valley Area
Plan update.
bo
Review of Special Projects Reserve Fund "699" 9:57:13 PM
It was consensus of the Council to receive the report on Special Projects Reserve
fund 699.
C.
Information Update on Greenhouse Gas Reduction Activities in California and
California's Publicly Owned Electric Utilities' Principles Addressinq
Greenhouse Gas Reduction Goals 9:58:51 PM
9:59:25 PM Councilmember Baldwin was excused from the meeting.
Elizabeth Kirkley briefly reviewed report
It was consensus of the Council to receive the report on Assembly Bill 32 that will
require power companies, including public power companies, to implement
conservation and energy efficiency programs to reduce greenhouse gas emissions
to 1990 levels by 2020. Staff reported this will most likely require additional staffing
to implement.
Regular City Council Meeting Minutes
September 20, 2006
Page 7
12.
13.
do
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A~3Droval of Public Works Project Manager Position 10:52:35 PM
Public Works Director Eriksen briefly reviewed report. Discussion ensued.
MIS Crane/Rodin approving a half time Public Works Project Manager position,
carried by the following roll call vote: AYES: Councilmembers Crane, McCowen,
Rodin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: Councilmember
Baldwin.
Discussion and Possible Action on Creek Maintenance - McCowen 10:05:23 PM
Councilmember McCowen addressed the issue of creek maintenance, particularly
gravel build-up under bridges that restricts the flow of water.
Discussion ensued. It was the consensus of the Council to direct Staff to research
the feasibility of performing creek maintenance and to remove the buildup of gravel
that is restricting the flow of water under a number of bridges with the City and
proceed to do so if it is feasible and economical to do so.
Public comment: 10:08:24 PM Kevin Maxwell described his experience with the
2006 flood damage and his concerns of further creek erosion of his property.
Council directed Engineering Staff to assist Mr. Maxwell with the planning and permit
process as they are able.
Adoption of Ordinance Amending Ukiah City Code Sections 1521 and 1522
Governing Procurement Procedures 10:22:21 PM
Continued to next City Council meeting.
COUNCIL REPORTS11:10:32 PM
Councilmember Crane report progress is being made in negotiation for a mixed load rate
and implementation at Ukiah Valley Transfer Station.
Councilmember McCowen reported the Homeless Services Planning Group has selected
January 26, 2007, as the date for the next homeless count and that the Mendocino County
Lodging Association had their kick off this afternoon for the new marketing and promotion
plan that is funded by the Business Improvement District.
Councilmember Rodin reported on her attendance at the California League of Cities
meeting. She has been inducted as the President of the Leagues' Redwood Empire
Division. She also reported that Developers Diversified has closed escrow on the Masonite
plant property; and handed out Proposition 90 information.
CITY MANAGER/CITY CLERK REPORTS 11:18:17 PM
City Manager Horsley reported the Ukiah Police Department will be running television
advertisement for recruitment; she will be attending a downtown revitalization meeting as
requested by the Main Street Program; and handed out Proposition 90 information.
Regular City Council Meeting Minutes
September 20, 2006
Page 8
14.
CLOSED SESSION 11:20:17 PM
a. Conference with Legal Counsel- Existing Litigation (Cal. Gov't Code Section
54956.9)
Name of Case: Calpine et al Bankruptcy, United States Bankruptcy Court, Southern
District of New York, Case No. 05-60200 (BRL)
MIS Crane/McCowen approving request for offer to purchase claim in Calpine Bankruptcy
and authorize City Manager to accept offer and execute transaction documents, carried by
the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, and Mayor
Ashiku. NOES: None. ABSTAIN: None. ABSENT: Baldwin.
15. ADJOURNMENT
There being no further business, the meeting was adjourned at 12:00 a.m.
Cat Secretary ~J'~Anne Curri~, Recorc~ing Secretary
Regular City Council Meeting Minutes
September 20, 2006
Page 9
