HomeMy WebLinkAboutMin 12-06-06 CZTY OF UKZAH
CZTY COUNCZL
Regular Meeting Minutes
C1VZC CENTER COUNCtL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
December 6, 20065:19:00 PM
6:00 p.m.5:]6:17 PM
5:15 p.m. RecepUon for New Council/Outgoing Mayor
6:00 p.m.
The Ukiah City Council met at a Regular Meeting on December 6, 2006, the notice for which being legally
noticed December 1, 2006. Preceding the regular meeting, was a reception for the New City Council and
outgoing Mayor Hark Ashiku. The reception was held from 5:15 p.m. to 6:05 p.m.
Mayor Ashiku called the meeting to order at 6:10 p.m. 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, Public Works Director
Eriksen, Chief of Police Williams, Fire Chief Clarabut, Community Services Director Sangiacomo, City
Attorney Rapport and City Clerk Petersen
2. PLEDGE OF ALLEGLANCE was led by Councilmember Rodin,
3. PROCLAMATZONS/ZNTRODUCI'[ONS/PRESENTATIONS
a. Commendation to Hark LaRose, President and CEO of Ukiah Valley Hedical Center.
Mayor Ashiku presented the Commendation to Mark Larose. Hr. LaRose expressed his
appreciation to the City of Ukiah for being responsive and supportive of the Hospital. 6:19:45 PH
be
Ado;tion of Resolution Declarino Results of MuniciDal Election of November 7. 2006
and Swearinu in Ceremony for Councilmembers Baldwin. McCowen and Thomas, and
MeasureX, 6:19:52 PM
M/S Crane/Rodin adopting Resolution 2006-82 Declaring the results of Municipal Election of
November 7, 2006. Motion carried by the following roll call vote: AYES: Crane, HcCowen,
Rodin, Vice Mayor Baldwin and Mayor Ashiku NOES: None; ABSTA]~N: None ABSENT: None
City Clerk Petersen administered the Certificate of Appointment and Oath of Office for
Councilmembers Baldwin, McCowen and Thomas.
MayorA~hiku requested Vice Mayor Baldwin to preside over the meeting until a Mayor is chosen.
Vice Mayor Baldwin took the seat and expressed his appreciation. Councilmember McCowen
extended appreciation to out-going Mayor Ashiku for his two years of service.
Zntroduction of New Emnlovee. Patrick Bryant. Animal ControllSafetv Comuliance
Officer 6:24:25 PM
Maya Simersen, Community Services Supervisor introduced Patrick Bryant.
Zntroduction of Fire Chief Tony Clarabut 6:27:20 PM
City Manager Horsley introduced Chief Clarabut, advising his assignment is to review the Fire
Department Master Plan's objectives and goals, discuss with the Council members to determine
what to implement. 6:29:43 PM
Review of ActiviUes and Actions Taken bv the City to Enhance the Cit-v's Major
Emeraencv/Disaster.Preoaredness 6:29:50 PM
Gregg Smith, retired OES Coordinator, provided a brief overview of the City's response to the Flood
of 2005. Mr. Smith stated that in his opinion, the City is prepared for emergency response. Mr.
Smith and former Fire Chief Latipow have updated the City's Emergency Plan and training
regarding the Emergency Operations Center has been provided to Directors and Supervisors. Chief
Clarabut stated that the Battalion Chiefs have completed training in Area Command and the
Incident Command System. He is currently reviewing the draft Emergency Plan, which will be
brought to the City Council for approval, once his review has been completed.
4. PETZ'I~ONS AND COMMUNI~CAT/ONS
None
S. APPROVAL OF MZNUTES
a. Regular Meeting Minutes of November :1, 2006 6:46:31 PM
M/S McCowen/Crane to approve the Minutes of November 1, 2006 with correction to Item
- Council Reports - report provided by Councilmember Rodin corrected to "Reported attending a
breakfast wherein the City of Ukiah received a Certificate of Appreciation from the Ukiah Valley
Association for Habilitation." Motion carded by an all AYE voice vote.
6. RZGHT TO APPEAL DECZSZON
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.
Read by Vice Mayor Baldwin
The following items listed are considered routine and will be enacted by a single motion and roll call
vote by the City Council. ]~tems 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.
Public member John Graft requested item "k' be removed from the Consent Calendar and heard later
on the Agenda; Item moved to New Business 11.e.
M/S Crane/Rodin to approve the consent Calendar with item "k" removed.
a. Award of Bid to Clark Pest Control Services for Pest control Services at Various City Facilities
b. Report to the City Council Regarding Acquisition of Services from Spencer Brewer for the
Management/Production of the 2007 Sundays in the Park Concert Series in the Amount of $8,000
c. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency
d. Adoption of Resolution Authorizing the County of Mendocino to Provide Microenterprise Business
Services Under the Community Development Block Grant Program to Targeted Income Individuals
Residing Within the City of Ukiah
e. Award of Bid for the Purchase of 9,000 Ft. of #2 AWG, 15 KV, EPR Insulated, Single Conductor,
and Jacketed Concentric Neutral Cable to Prysmian Cables and Systems in the Amount of
$15,816.62
f. Authorization of Sole Source Purchase of Water Valve Data Acquisition System from Pacific Tek in the
Amount of $9,965 plus Sales Tax
g. Award of Bid to Delta Truck Center for the Purchase of a New 2008 Six-Yard Dump Truck in the
Amount of $79,740.38 and Approval of a Budget Amendment
h. Award Acquisition of Half Ton Pickup Truck to Hansel Ford for the Department of Public Works in
the Amount of $18,177.44 and Authorize Budget Amendment for Same Using Department's
Equipment Replacement Funds
i. Award Acquisition of Service Truck to Northlake Ford-Mercury for the Department of Public Works
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in the Amount of $28,881.19 and Authorize Budget Amendment for Same Using the Department's
Equipment Replacement Funds
Authorize the City Manager to Execute a Lease Agreement with South Ukiah Little League for a
Portion of the Riverside Park Property.
Authorize the City Manager to Negotiate and Execute a Lease Agreement with Astro Business
Technologies for Two Copy Machines for the City of Ukiah Administrative Offices and Approve a
Budget Amendment in the Amount of $5,069, Pulled to Agenda Ztom
Report to Council Regarding the Purchase of Professional Services From RRM Design Group for
Grant Writing Technical Assistance for the Proposition 50 California River Parkways Competitive
Grant Program for Riverside Park Development Project in the Amount of $10,000
Motion carried by the following roll call vote: AYES: Thomas, McCowen, Crane, Rodin and Vice
Mayor Baldwin NOES: None; ABSTAIN: None ABSENT: None
8. AUDI'ENCE COMMEN~ ON NON-AGENDA 1TEMS
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.
Lilian Zucker requested cross walks and sidewalks be installed on Clara Avenue.6:51:23 PM
9. PUBLIC HEARZNGS (6:15 PM~
None
IO,UNFZNISHED BUSZNESS
a. Determination of Process for AD~ointment of Mayor and Vice Mayor: AnDointment ~f
Mayor and Vice Mayor 6:51:39 PM
Vice Mayor Baldwin requested discussion regarding the appointment process.
Councilmember Rodin stated it is common to make the appointment based in order of seniority.
Councilmember McCowen stated the Council is free to devise any appointment method and,
Councilmember Thomas advised it is important to keep in perspective, the Council as a whole
and entertained a discussion identifying what the Council feels is important qualities and
responsibilities of a Mayor. Vice Mayor Baldwin stated he believes fairness to Council members
and to the public is important and stated he would be willing to set aside the Mayor appointment
to allow other Council members the opportunity.
6:57:54 PM PUBL.TC COMMENT OPENED
Gordon Elton requested Council consider including fairness to staff to Vice Mayor's list of fairness.
He suggested that the least desirable method of selection is by the number of votes each member
had received in the election and feels that the ability to run a meeting is key to being an effective
mayor.
6:59:51 PM 3ohn Graft recommended that the Councilmember receiving the highest percentage of
votes be appointed Mayor and rotate to the next highest the following year.
7:03:20 PM Greeo Foss suggested the two Council members having two years left in office
(Councilmembers Rodin and Crane) be appointed first, allowing each Councilmember to serve as
Mayor for a one-year term. Once the first year appointment sunsets, the other councilmember
could accept or reject the appointment to Mayor. 7:05:39 PM
7:06:16 PM Jim Mulheren and Diane Zucker also spoke to the issue.
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7:07:30 PM PUBLIC COMMENT CLOSED
Discussion ensued regarding:
> The decision to appointment a Mayor is based on a process not a person;
Council members would rotate into the position;
Fairness to council members, community and staff is important;
Appointment possibly could be made to one of the two Councilmembers having two years
left of their terms (Rodin and Crane);
> The length of the term could be six months; concern is the "learning curve"
7:20:59 PM PUBI TC COMMENT OPENED
Greg Foss stated a six-month term is not long enough and expressed appreciation of Vice Mayor
Baldwin re-opening public comment.
7:22:50 PM PUBLIC COMMENT CLOSED
7:24:00 PM MIS Rodin/Thomas to begin with one year terms and follow Greg Foss's suggestion
of those having two years left, begin the cycle and rotate according to seniority through the
others. Anybody would have right to pass on being Mayor if they like.
Discussion:
Councilmember McCowen noted that the motion did not identify who would be Mayor.
Councilmember Rodin stated the motion begins the process, with Councilmember McCowen
replying that naming who shall be Mayor is part of the process because the criteria hasn't been
completely determined on choosing between the Councilmembers having two years left to their
terms. Councilmember Rodin apologized for having left out "seniority".
M/Rodin to modify the motion adding "seniority". Councilmember Thomas accepts the
amendment.
Discussion:
Councilmember McCowen stated he will vote "no" on this motion, stating he believes this
action is a political process and that it is important to pick someone who will get the process off to
a smooth start. He stated that this Council can not bind any future Council to follow any particular
process.
Motion carried by the following roll call vote: AYES: Thomas, Crane, Rodin and Vice Mayor
Baldwin NOES: McCowen; ABSTAIN: None ABSENT: None
M/S Baldwin/McCowen appointing Councilmember Crane as Vice Mayor for the concurrent
term with the Mayor. Motion carried by the following roll call vote: AYES: Thomas,
McCowen, Crane, Rodin and Vice Mayor Baldwin NOES: None; ABSTAIN: None ABSENT: None
Mayor Rodin presided over the meeting. 7:37:09 PM
Receive Status Reaort Concernina Sian Ordinance Enforcement Activities and Provide
Direction to Staff 7:37:20 PM
Building and Planning Director Stump briefly discussed the staff report stating that the Department
is working on educating the public regarding the rules and getting compliance for A-frame signs.
He reported that encroachment issues have developed which will also be part of the public's
educational process.
Discussion ensued regarding encroachment permits being issued through the City's Planning
Department. The Risk Manager and Planning Director should review insurance requirements and
fees.
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8:04:02 PM PUBLIC COMMENT OPENED
]oy Beeler, Main Street Program Executive Director, stated she had received a comment from a
business owner that the expense of going through the encroachment permit application process is
a hardship on the business.
Dot'tie Deerwester stated that the expiration of the time to complete the permit is sixty days and
on occasion, it is beyond the business owner's ability to meet the time frame.
Lisa Mammina focused on ADA issues and sidewalk widths.
8:18:38 PM PUBLIC COMMENT CLOSED
Staff was directed to bring back a draft ordinance that provides for the violations to be infractions
rather than misdemeanors; amend Section 3223 that if the work authorized by the permit is not
commenced within sixty days from the date of the permit, to allow for staff to extend the sixty day
period and review current insurance requirements for encroachment permits and to work with the
Public Works Department to develop an encroachment permit process that would be more
appropriate for A frame signs.
Discussion of Code Comnliance Prooram and Review of Selected Regulations 8:18:42 PM
Director Stump stated the five regulations selected are the most frequently used and/or important
for the public's health, safety, and general welfare. The City Code regulations brought forward for
discussion are: Abandoned Vehicle Removal; Removal of Encroachments from the Public Right of
Way; Abatement of Unsafe or Dilapidated Buildings; garbage, Rubbish and other Refuse, and
Private Commercially Zoned Property Maintenance.
8:20:33 PM Discussion ensued with concerns being voiced regarding the most common complaint:
the clean up of rubbish. Additional concerns voiced were abandoned vehicles, broken or plywood
covered windows, and the need to review Attachment 5 of the Agenda Summary Report which is
Chapter 11 of the Municipal Code, "Private commercially zoned property maintenance", due to
duplication of information contained in other Chapters. Discussion continued regarding City
employees being made aware of these regulations and during the course of their work day, should
they come upon a violation, contact the planning department to advise of the location and
violation. Providing the public with notification regarding what the City is doing to enforce these
regulations and submitting the information within the utility billings was also discussed.
An ad hoc committee consisting of Councilmembers Crane and Thomas was formed to review and
make recommendations regarding simplification, reduction of duplication and confirm that the
violations written within the ordinances address valid health and safety concerns.
Recess: 8:48:37 PM to 8:57:49 PM
Proposed Public Works Proiects to be Funded bv Measure $
8:57:54 PM Tim Eriksen, Public Works Director, stated that the Council had agreed that the City's
infrastructure was a priority and set aside $250,000. Staff was requested to identify projects
needing to be considered. Of the four projects listed within the Agenda Summary Report, Director
Eriksen stated that the Perkins Street Storm Drain is a priority, requesting approval to perform a
full engineering estimate and return to Council.
Councilmember McCowen stated that during the Budget hearings, the Council did not
definitively approve $250,000 from Measure S funding for Public Works projects, but did earmark it
pending further clarification on how Measure S funds were actually being spent. He questioned
why fund the Public Works projects out of Measure S; consider looking into Fund 699 or the
General Fund.
This matter was continued to the December 20, 2006 regular meeting for further discussion.
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11.
Discussion of MeeUno with the Millview and Willow Water District; Boards 9:11:41 PM
City Manager Horsiey reported that contact with the two water districts resulted in a request for
representatives from the agencies to meet.
An ad hoc committee consisting of Councilmembers Crane and Baldwin/Thomas as an alternate
was appointed to meet with representatives from Willow and Millview Water District Boards to
gather information about expanded boundaries regarding place of use for the City's water rights
permit application.
City Manager Horsley to work with the Water Districts in scheduling a meeting prior to
December 22, 2006, if possible.
Discussion and ActiOn Concernina a Joint City Council/County Board of Sunervi~r~
Meetina to Discuss the Ukiah Valley Area Plan 9:24:48 PM
Director Stump reported that Mendocino County has invited the City Council to meet in a joint
session with the Board of Supervisors to discuss the Ukiah Valley Area Plan (UVAP).
Council confirmed they are available to meet on 3anuary 10, 2007. 8:00 a.m. to 1:00 p.m.
Councilmember McCowen questioned whether the Council should discuss amongst themselves
issues they feel are important and consider appointing a sub committee to identify the issues and
bring back for discussion prior to January 10, 2007.
Councilmember McCowen and Mayor Rodin appointed to the sub committee.
Umiate Reaardino 'Fund 699 - S~ecial Projects Reserve" 9:34:13 PM
Public Works Director Eriksen and Director of Community Services Sangiacomo were
present to field questions.
Discussion ensued regarding the need for a sub committee's review of the Fund 699 - Special
Projects Reserve, a fund intended for primarily capital improvements.
Councimember McCowen requested a discussion regarding the Public Woks infrastructure
project Director Eriksen presented under Agenda Ttem 10.d. ($250,000 for the Perkins Street
Storm Drain), questioning whether the funding for the project should come from the General Fund,
Fund 699 or upon recommendation by the sub-committee. Regarding the Fire House & VLF Gap
Bonds, Councilmember Baldwin stated he would like to redirect ten percent of the proceeds
from the sale of the fire house (Fire House & VLF Gap Bonds) to the Open Space Acquisition
Project Reserve Fund. Additional funds will be considered for the Public Works Perkins Street
Storm Drain project from the Fire House & VLF Gap Bonds.
Councilmembers Crane and McCowen were appointed to the sub committee to review fund
balances and provide information, purpose, fund restrictions, etc, and bring back
recommendations.
Possible Adontion of a Resolution Amendino the City Council MeeUna Pro~;~ur~;
9:47:23 PM City Attorney Rapport advised that he had reviewed the Rosenberg's Rules of
Order which Mayor Rodin had received while attending a conference at the League of California
Cities.
He has compared City Council Procedures and Rosenberg's Rules determining that portions of
Rosenberg's Rules provide additional guidelines, recommending these guidelines be a approved as
a supplement to Section 4 through Section 8 of the current Procedures of Conduct.
M/S Baldwin/Crane to adopt the Resolution adopting a New Section 3.A. Which
Modifies Sections 4-8, of the Procedures for Conduct of the City Council Meetings to
include Rosenberg's Rules of Order: Simple Parliamentary Procedures for the 21~
Century
Discussion:
Councilmember McCowen stated he feels the existing Procedures of Conduct and Rosenberg's
Rules of Order need to be reviewed and suggested appointment of a sub-committee.
Councilmember Baldwin withdrew the motion 10:01:17 PM
Councilmember McCowen and Mayor Rodin appointed to the sub committee.
Item to be continued until a later date.
Znitial Discussion of City Council Appointments to Boards and Commission,; 10:04:07 PM
City Manager Horsley advised that the information contained within the 2006 appointment to
Boards and Commissions is for information only. The matter will be brought back at the December
20, 2006 meeting for action.
Mayor Rodin reviewed the Boards and Committees polling Council members and making
tentative assignments:
Greater Ukiah Chamber of Commerce - Mayor Rodin/McCowen
City Selection Committee - Mayor Rodin
Council/County SuPervisor Committee - Mayor Rodin/McCowen
Investment Oversiqht - Thomas
Library Advisory Board - Thomas
Main Street Pro~ram BoarO of Directors - Mayor Rodin/McCowen
Mendocino Council of Government~ - McCowen/Mayor Rodin alternate
Mendocino County Inland Water & Power Commission - Baldwin/Thomas alternate
Mendocino Solid Waste Management Authority - Crane/Mccowen alternate
Mendocino Transit Authority Board of Directors - McCowen
Northern California Power Authority - Crane/McCowen
Transmission AQencv of Northern California - Crane/Public Utilities Dir.
Russian River Water Shed Association - Rodinfl'homas alternate
Sun House Guild - McCowen
Ukiah Valley Sanitation District - Mayor declines this assignment. Crane/Baldwin alternate
Economic Develooment & Finance Corp - Mayor Rodin
]~nfrequent Meetings:
City/County Leadershio Group - City Manager Horsley/Mayor Rodin
Mendocino County Local Area Formation Commission - Appointed by City Selection Committee
Solid Waste Sub-committee - Mccowee/Crane
PUBLIC COMMENT OPENED 10:18:46 PM
Eric Crane recommended to replace Councilmember Crane with Councilmember Thomas for NCPA,
and that Councilmember Crane be assigned to the Investment Oversight Committee.
PUBLI'C COMMENT CLOSED 10:26:08 PM
d. Authorize the City Manaeer to Neeotiate and Execute a Lease Aan,~ment with Astn~
Business Technologies for Two Coov Machines for the City of Ukiah Admini~r¢tive
Offices and Aenreve a Budget Amendment in the Amount of $5.069.10:28:13 PM
lohn C Graft advised that he has been in the copier business for 35 years, shared his ideas
regarding service response time, accessibility to parts, the need to review the contract to ensure
there is a good penalty clause, and no third party mentioned within the lease. He referred to
items within the agreement such as fair market value, property tax, buy out, etc. that should be
reviewed, and CP! increases, offering his assistance if needed.
Community Services Director Sengiacomo responded to Mr. Graft's concerns stating that the
majority of those concerns cited have been addressed.
Motion by Baldwin to authorize the City Manager to negotiate and execute a lease agreement
with Astro Business Technologies for two copy machines for the City of Ukiah Administrative offices
and approve a budget amendment in the amount of $5,069. with the proviso to follow up with
concerns identified.
Councilmember McCowen stated he would consider a conditional approval referring to the
many concerns voiced by Mr. Graft.
Councilmember Baldwin withdrew his motion.
M/McCowen for approval conditional upon Mr. Graft meeting with staff and staff being assured
that his concerns are addressed.
City Manager Horsley recommended revision to the motion for staff to review Mr. Graft's
comments and further negotiate if needed; the City Attorney to review the lease documents.
Motion modified/McCowen/Baldwin conditional upon staff's thorough review and
consideration of Mr. Graff's comments.
Motion carried by an all AYE voice vote 10:45:58 PM
12.
COUNCZL REPOR1'~10:46:36 PM
Councilmember Crane reported the sewer district and City are working to meet compliance for
the sewer lateral ordinances implementation. A citizen's committee is working with staff and a
consultant from Winzler & Kelly. The District has the problem of having no ordinance in place at
all; both the City and District are required to implement the ordinance by mid January. City
Council will need to address what revisions should be made to the sewer lateral inspection
ordinance.
Councilmember McCowen stated he has attended meetings on the sewer lateral issue and
response by the public is favorable. He reported having attended a Mendocino Council of
Governments (MCOG) meeting where it was announced that additional state transportation grant
funds are available for the depot renovation, bringing the total approved funding for the project to
$350,000.
Mayor Rodin reported she attended an Economic Development and Financing Corp (EDFC)
meeting where a report was distributed to attendees regarding retirement cluster. She additionally
stated that the Smart Growth Coalition wishes to organize a series of educational forums. The
intent is to inform and assist the public with participation in the UVAP process. Water, tax sharing
and annexations are some of the topics that will provide additional information to the public. The
Coalition is looking for co-sponsors and is requesting the City approve the use of the Conference
Center, stating the value of the sponsorship is $500.00.
Matter agendized for December 20, 2006.
13.
CTrY MANAGER/CZTY CLERK REPORTS
No report
14.
a. Government Code Section 54956.8 Conference with Prooertv Neeotiator
Assessor's Parcel No. 002-381-02, 002-381-03; 002-381-04
Negotiator: Candace Horsley, City Manager
Adjourn to Closed Session at 10:57:34 PM
There being no further business, the meeting was adjourned at 11:27 p.m.
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