HomeMy WebLinkAboutMin 11-15-06 CITY OF UKIAH
CITY COUNCIL
Regular Meeting Minutes
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
November 15, 2006
6:00 p.m.
4:30 p.m. Workshop: Planning & Building Activities
The Ukiah City Council met at a Regular Meeting on November 15, 2006, the notice for which being
legally noticed on November 9, 2006. Preceding the regular meeting was a Planning and Building
Activities Workshop that began at 4:30 pm. The transcription of the workshop is a separate attachment to
the Minutes of the Regular November 15, 2006 City Council meeting.
Mayor Ashiku called the regular meeting to order at 6:09:15 PM Roll was taken with the following
Councilmembers present: Crane, McCowen, Rodin, Vice Mayor Baldwin and Mayor Ashiku. Staff
Present: City Manager Horsley, Building and Planning Department Director Stump, I.T. Supervisor Butler,
Finance Director Smith, City Attorney Rapport and City Clerk Petersen
2. PLEDGE OF ALLEGIANCE was led by Councilmember McCowen.
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation Ukiah Valley Association for Habilitation Celebrates 45th Anniversary
Councilmember Rodin read and presented the Proclamation declaring November 20, 2006,
Ukiah Valley Association for Habilitation Day, to Pam Jensen, Director.
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PETITIONS AND COMMUNICATIONS
None
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APPROVAL OF MINUTES
None
RIGHT TO APPEAL DECISION
Mayor Ashiku read the Right to Appeal.
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. Vice Mayor Baldwin (conflict due to lease by Mayor)
M/S Rodin/McCowen to approve the Consent Calendar Items 7.a. through 7.1
a. Report of Disbursements for Month of October 2006
b. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency
c. Authorize Budget Amendment for Expenditure of $110,000 for Additional Work for Mendocino
Drive Storm Drain Replacement Project and Direct the City Manager to Execute the Contract
Change Order
d. Rejection of Claims for Damages Received from Fairfield Inn & Suites, Thomas W. Davenport,
and the Baking Company of Ukiah and Referral to Joint Powers Authority, Redwood Empire
Municipal Insurance Fund
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e. Approval of Notice of Completion for Slurry Seal Aprons at Ukiah Regional Airport,
Specification No. 06-09
f. Adoption of Resolution Approving Request to Caltrans for Matching Funds to Federal Aviation
Administration (F.A.A.) Grant No. 3-06-0268-09
g. Report to City Council Regarding the Annual Purchase of Fertilizer, Grass Seed, Insecticide,
and Fungicide From Sierra Pacific Turf Supply for the Ukiah Municipal Golf Course in the
Amount of $6,846.77.
h. Approval of Contract with Pacific Municipal Consultants to Provide Temporary Contract
Planning Services and Budget Amendment
i. Approval of Notice of Completion for CMU Block Wall - 182 E. Gobbi, Specification No. 06-13
j. Rejection of Claim for Damages Received from Chardelle Cadogan and Referral to Joint
Powers Authority, Redwood Empire Municipal Insurance Fund
k. Notification of Purchase of Computer Hardware for the Grace Hudson Museum's Education
Programs from PC Mall Gov for the Amount of $5,917.86
I. Report to the City Council Regarding Acquisition of Consultant Services from Winzler & Kelly to
Assist Staff with Revision and Implementation of the Sewer Lateral Testing Ordinance for an
Amount Not to Exceed $10,000.
Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin and
Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: None
AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Paul Richie, City of Ukiah Airport Manager, extended his appreciation to the Ukiah Valley
Association for Habilitation who has been providing services such as gardening and landscaping to
the Airport for over ten years.
Brenda Christian, Executive Director of the Ukiah Senior Center, requested the City of Ukiah
construct an ADA-compliant curb in front of the property. Due to budgetary constraints, the Center
does not have the funding. City Manager Horeley was requested to research the request and if
appropriate, agendize the matter as a request for assistance by the City.
PUBLIC HEARINGS (6:15 PM) 6:18:11 PM
a. Discussion and Direction Concerning Draft Revised City of Ukieh Sphere of Influence
Boundary
Mayor Ashiku reported that the City Council members participating on the sub-committee are
Mayor Ashiku and Councilmember McCowen. Supervisors Wattenburger and Delbar represent the
County of Mendocino. As presented, the draft Sphere of Influence map incorporates the 1995
General Plan Sphere of Influence, delineates the City of Ukiah's city limits, indicates in yellow, the
discussion area for the 2006 Sphere of Influence as well as identifies the ridge line and the
Russian River. Specific areas the sub-committee have identified needing further discussion
include:
· Lands East of Hwy 101, between 101 and Babcock Lane and between Talmage and Gobbi
Street;
· Not shown on the map and consideration to include, is the strip of land between Hwy 101
and North State Street north to Lake Mendocino Drive;
· How far north should the boundary be?
· Northwest and southwest - the boundary shown includes the ridge line, should the parcel
lines be squared up?
· Is it appropriate to change the Sphere of Influence at ail (shown in purple on the map) from
what is depicted in the 1995 General Plan?
· The need to complete the City's Municipal Service reviews for submittal to LAFCO.
· The need to submit an application to LAFCO to adopt an updated Sphere of Influence.
· Should lands zoned within the agricultural preserve be included in the Sphere of Influence?
Responding to a request from Councilmember Rodin, Director Stump provided a brief
description of the significance of the Sphere of Influence, stating that each City, per law, is to have
a Sphere of Influence to represent the ultimate limits to which the City will extend its services,
embrace new territory, and anticipate its growth over the next twenty years.
LAFCO Executive Officer Frank McMichael stated that LAFCO encourages urban level
development to occur in cities however, the difficulty is that there is urban level development
outside the City and districts that are providing services to those areas. If the City annexes,
service disconnect problems may occur.
In response to Councilmember Rodin, Mayor Ashiku agreed that the sales tax sharing agreement
and the Sphere of Influence are intertwined. Discussions can be in regard to both issues.
Supervisors Wattenburger and Delbar were invited to the podium for comment.
6:55:21 PM Referring to the draft map, Supervisor Wattenburger stated the Supervisom do not
want to include the Babcock Lane - Highway 101 area. They do want to see the strip between
Highway 101 and North State Street included. Supervisor Wattenburger stated it is his goal to
have the Ukiah Valley Area Plan completed by December 31, 2007 and concurred with
Councilmember McCowen that the boundary revision of the Sphere run parallel with the UVAP
process and completion date. Supervisor Delbar concurred.
7:13:43 PM PUBLIC COMMENT:
Andrew Nichol stated his agreement with the draft map as proposed only if the City allows
development.
7:18:25 PM
Lisa Hillegas, Supervising Attorney for Legal Services for Northern California, advised that the
County's Planning Department is working on a project to convert what is now Iow income housing
located at 175 Laws Avenue, to condominiums stating if approved, the new housing will dislocate
forty families.
7:20:30 PM Carre Brown of the Mendocino County Farm Bureau and committee member of the
Growth Management Steering Committee, stated in 1988, the City was asked if it would adopt a
Right to Farm Ordinance; this never occurred. Ms Brown discussed agricultural lands and
provided the history of the Lover's Lane area.
John Grothe, Redwood Valley Water District questions where the water will be coming from.
7:29:22 PM Mary Anne Miller voiced her opinion that more information and public participation is
needed.
7:34:54 PM Steve Scalmanini questioned what the next steps are and will this process run parallel
with the UVAP process.
7:37:41 PM Lee Howard recommended the Sphere remain as suggested in 1995 since it is only
eleven years into the twenty-year period and no movement has taken place to move into the
Sphere.
7:43:19 PM PUBLIC COMMENT CLOSED.
Councilmember Baldwin questioned if the Sphere project would pre-empt the Ukiah Valley Area
Plan? Director Stump responded that as the UVAP process moves forward, it will mold the
Sphere's lines.
7:46:44 PM
Councilmember Rodin extended her appreciation to the sub-committee. She would like the sub-
committee to look at incorporating the current urbanized areas (north/sound and outside the City's
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limits) into the City's limits in order to prevent sprawl.
Mayor Ashiku advised that this matter was discussed and the concept of having housing
developments, annexed into the City was a principal discussed by the sub-committee and is a
planning process consistent with the UVAP.
7:53:44 PM
Councilmember Crane recommended that "density" be part of the discussions.
Mayor Ashiku asked for concurrence that, in principal, the Council agrees with this draft map,
taking into consideration that agricultural lands may be removed and Babcock Lane and other
boundaries may be modified.
8:06:12 PM
Upon Consensus, the draft map is to be referred back to the sub-committee to be refined and
brought back to the City Council for review prior to submitting to the County. The sub-committee
meeting is scheduled for November 20, 2006.
In order for public to have input prior to the County Board of Supervisors meeting scheduled for
December 5, 2005, this meeting will be adjourned to November 27, 2006 at 5;30 pm.
NEW BUSINESS
a. Discussion and Approval of Sales Tax Revenue Sharinq Proposal Between the City of
Ukiah and Mendocino County
RECESS 8:11:40 PM to 8:15:52 PM
Mayor Ashiku pointed out that the basic principal guiding the sales tax revenue sharing
proposal between the two jurisdictions was that whatever the decision; the outcome would
benefit the citizens. He further stated that not having an agreement causes competition
between the jurisdictions and the agreement provides the opportunity for the City and County to
work cooperatively on planning issues. The agreement is proposed to be for twenty years with
annual independent audits and a five year review period.
Mayor Ashiku read the nine elements contained within the proposed sales tax revenue
sharing proposal: and referred to the "annexation discussion principals".
Discussion ensued regarding the elements to the proposal specifically, element #2 regarding
the 65% City/35% County split for increases to current revenue from the 2005 base year
Additional discussion focused on the possible negative affect to the Airport Business Park
should building occur north of town, property tax sharing agreement(s) that will be addressed
during the LAFCO process, and communication that has occurred with Public Safety regarding
possible impact on services.
~8:29:56 PM
Supervisor Wattenburger stated that the guiding principal is, what is best for the community.
He further stated that Mendocino County interim Executive Chief Officer, Al Beltrami is
supportive of the proposed agreement.
PUBLIC COMMENT OPENED 8:55:08 PM
Chief Dan Grebil, Ukiah Valley Fire District requested verbiage be included within the
Agreement to exclude funds from Proposition 172. and asked that for future annexations, the
Fire District not be detached. Chief Grebil stated that under automatic and mutual aid
agreements, the District responds into the City and requested the City, as a matter of
cooperative agreement, not detach the Fire District for future annexations, including the
proposed Brush Street triangle.
Mayor Ashiku requested Chief Grebil e-mail the City Manager with his concerns.
8:59:33 PM
LAFCO Executive Officer McMichaels stated he believes the tax sharing and jurisdictions
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working and planning together is a win - win situation.
9:02:54 PM
Richard Shoemaker stated the tax sharing agreement is a good idea and commended the
jurisdictions for working together. He expressed concerns about retail development and
recommended that issues regarding sprawl, retail development and solid planning be part of
on-going discussions.
9:05:47 PM
MaryAnn Miller voiced concern that the agreement spurs retail development rather than
industrial.
PUBLIC COMMENT CLOSED 9:08:57 PM
M/S Crane/Baldwin to continue this process
Motion withdrawn by Councilmember Crane
Motion revised/S Crane/Rodin to accept the Agreement in principal to proceed with
refining the Agreement and move toward a tax sharing agreement.
Discussion:
Councilmember Baldwin expressed the need for more citizen input and he is in favor of only
conceptual approval.
Cuncilmember McCowen stated this action is approving a concept to continue, refine and
move toward a tax sharing agreement.
Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin and
Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: None
Supervisor Delbar 9:25:34 PM expressed his appreciation for the approval in concept of this
Agreement and invited the City's subcommittee to their 12/5 meeting.
Mayor Ashiku and Councilmember McCowen will attend the meeting.
UNFINISHED BUSINESS
a. Approval of Contract with the Phillips Group to Provide Structural En.qineerinq Plan
Check and Substitute Buildin.q Inspection Services
Planning Director Stump stated the contract presented will approve a second structural
engineering firm to help with the increased number of plan checks and to also assist with
building inspection services.
M/S Rodin/McCowen to approve contract with The Phillips Group to provide structural
engineering plan check and substitute building inspection services.
Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin and
Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: None
b. Discussion and Possible Extension of the Review and Comment Period on the Notice of
Preparation for the Water Riqhts Permit Amendment Environmental Impact Report
9:36:25 PM
City Attorney Rapport provided a brief report, suggesting the extension of the review and
comment period which would allow additional comments by the public and adequate time to
meet with, or receive comments from, Millview and Willow Water Districts.
Councilmember Crane stated he hoped to have discussions with the Farm Bureau regarding
their views on properties between the river and current boundary of the City.
9:38:21 PM
PUBLIC COMMENT OPENED9:39:31 PM
Carre Brown, Mendocino County Farm Bureau, stated the Farm Bureau supports an extension.
M/S McCowen/Crane to reopen the comment period and extend to January 15, 2007 and
include any comments that may have been received when the comment period was closed.
Discussion:
Councilmember Baldwin stated that in the interim, staff should analyze the possibility that if
we were allowed to use water that has not been contracted for with the Flood District, or the
800 acre feet we have contracted for, can these be used during an emergency situation without
having to go through expensive process of change of place of use.
Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin and
Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: None
11. NEW BUSINESS
12.
b. Approval of Response to the Grand Jury Water Report
9:44:28 PM
City Manager Horsley reviewed the staff report and response to the Grand Jury regarding
water.
Comments were made as follows:
> Page 2, Item 22: "..each district would require approval from the SWRCB and LAFCO
for a change in the place of use, as recommended by Counciimember Baldwin.
Councilmembers McCowen and Rodin asked for this item to be continued to November 27,
2006, as they have comments to bring forward for consideration.
Introduction of Ordinance Amendinf~ Ordinance 895 and Ukiah Redevelopment Aqency
(URA) Resolution No. 99-1 By Revisinq Redevelopment Aqency (RDA) Plan Time Limits
for Incurrinq and Repayment of Debt and for the Effectiveness of the Plan
Finance Director Smith provided a brief report stating it is necessary for the City to approve
the Ordinance, as the Redevelopment Agency already has given approval.
M/S McCowen/Crane to introduce the Ordinance by title only
Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin and
Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: None
MIS Rodin/Crane to Introduce the Ordinance
Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin and
Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: None
Authorize the City of Ukiah Information Technolofly (IT) Department to Enqacle
At&T/Cisco to Perform Upqrades to the Ukiah Civic Center Campus Network
Infrastructure; Authorize Budqet Amendment for Same
IT Supervisor Butler, was present to answer questions.
M/S Rodin/McCowen to approve a budget amendment to fund an upgrade in the core network
infrastructure to support the critical Information System needs of the City in an amount of
$43,944.OO.
Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin and
Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: None
COUNCIL REPORTS
Councilmember Rodin reported that February 2, 2007, is the Redwood Empire Division meeting
for the League of California Cities. Councilmember Rodin is the President of the Division and
invited all Council members to attend the meeting that will be held in Ukiah.
A Chamber of Commerce Holiday Mixer held at the Conference Center was successful, in part,
due to the creative table and seating arrangements arranged by Kerry Randal.
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15.
Councilmember Crane reported that at the Ukiah Valley Sanitation District's meeting held today,
the representatives continue to work toward documents for governance, agreements for services
with the County for capacity from the County's Administrative and Clerk's office and working
towards a lateral inspection ordinance.
CITY MANAGER/CITY CLERK REPORTS
City Manager Horsley reported that per correspondence received from the State, the City of Ukiah
has no obligation toward repairs to the tennis courts at the High School.
CLOSED SESSION
ADJOURNMENT
There being no further business, the meeting was adjourned to November 27, 2006 at
10:09 PM
(~ail Petersen, City Clerk
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