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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. = PETITIONS AND COMMUNICATIONS None = 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 o 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 3 11. 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 4 10. 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. 13. 14. 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 7