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HomeMy WebLinkAboutMin 01-03-07 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 3, 2007 6:00 p.m. The Ukiah City Council met at a Regular Meeting on January 3, 2007, the notice for which being legally noticed on December 29, 2007. Preceding the regular meeting was a Special Ukiah Redevelopment Agency meeting that began at 5:30 pm. The transcription of the Ukiah Redevelopment Agency Meeting is a separate document. ROLL CALL 6:04:26 PM Councilmembem Present: Councilmember Thomas, Crane, McCowen and Mayor Rodin Councilmembers Absent: Baldwin Staff present: Building and Planning Director Stump, Public Works Director Eriksen, Community Services Director Sangiacomo, Economic Development Coordinator Ballek, Finance Director Smith, City Manager Horsley, City Attorney Rapport and City Clerk Petersen 2. PLEDGE OF ALLEGIANCE led by Firefighter/Paramedic Hermano Moore 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation Recognizing Hospice of Ukiah's Service to the Residents of Ukiah by Celebrating its 25th Year Silver Jubilee - Read by Mayor Rodin 6:07:26 PM Proclamation Recognizing Martin Luther King Day - Mayor Rodin presented the Proclamation to Lucretia Peoples, Founder and Managing Director of the Mendocino County Martin Luther King Jr. Organization .6:13:25 PM Introduction of New Employee - Hermano Moore, Firefighter/Paramedic Matter continued to January 17, 2006 meeting due to the unavailability of FirefightedParamedic Moore was responding to an emergency call for service. 4. PETITIONS AND COMMUNICATIONS None 5. APPROVAL OF MINUTES all voice a. Planning & Building Workshop Minutes of November 15, 2006 MIS Crane/McCowen to approve the Planning and Building Workshop Minutes of November 15, 2006. Motion carried by an all AYE voice vote. b. Regular Meeting Minutes of November 15, 2006 Councilmember McCowen corrected Agenda item 11.a - New Business - "Discussion and approval of sales tax revenue sharing proposal between the City of Ukiah and Mendocino County", last sentence to read: "Mayor Ashiku and Councilmember McCowen will attend the meeting~'. MIS McCowen/Thomas to approve the Minutes of November 15, 2006 as corrected Motion carried by an all AYE voice vote. Regular Meeting Minutes of December 6, 2006 MIS Crane/McCowen to approve the Minutes of December 6, 2006. Motion carried by an all AYE voice vote. 6. 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. MIS Crane/McCowen to approve Consent Calendar Items 7.a. through 7.d. a. Rejection of Claim for Damages Received from Vincent Rosenbalm and Referral of Claim to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund b. Status of Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency c. Award of Bid for Pad Mount Transformer in the Amount $28,767.00 for and Funded by the Ukiah High School Modernization Project d. Authorize the City Manager to Negotiate and Execute a Memorandum of Understanding with the Coyote Valley Tribe for a Reciprocal Agreement Between Facility Use & Recreation Programs Motion carried by the following roll call vote: AYES: Thomas, Crane, McCowen and Mayor Rodin; NOES: None; ABSENT: Baldwin; ABSTAIN: None 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. 6:19:01 PM Pinky Kushner advised that the deadline for public comment on the Millcreek Dam Environmental Impact Report is January 8th. She stated the document is available at the water agency and encouraged the Council and public to take the time to review the document. 9. PUBLIC HEARINGS (6:15 PM)6:19:30 PM a. Approval of Application to Demolish a Structure Over 50 Years Old Located at 1012 West Clay Street, Ukiah Building and Planning Director Stump reported that the Demolition Permit Review Committee considered the application and historical profile and unanimously found the 2 structure to have no historical or architectural significance. MIS Crane/McCowen to approve the demolition permit for the structure located at 1012 West Clay Street, based on the finding it does not have historical or architectural significance. Motion carried by the following roll call vote: AYES: Thomas, Crane, McCowen and Mayor Rodin; NOES: None; ABSENT: Baldwin; ABSTAIN: None 10.UNFINISHED BUSINESS a. Introduction of Ordinance Amending Ukiah City Code Section 3236 to Make Violation of Sign Ordinance an Infraction MIS McCowen/Crane to Introduce the Ordinance by title only. Motion carried by the following roll call vote: AYES: Thomas, Crane, McCowen and Mayor Rodin; NOES: None; ABSENT: Baldwin; ABSTAIN: None MIS McCowen/Thomas to Introduce the Ordinance. Motion carried by the following roll call vote: AYES: Thomas, Crane, McCowen and Mayor Rodin; NOES: None; ABSENT: Baldwin; ABSTAIN: None Status Report Concerning the Downtown/Perkins Street Form Based Code Proiect Planning and Building Director Stump began to provide a brief report of the Downtown/Perkins Street Corridor Community Visioning and Form Based Code project. Due to Councilmember McCowen's concern that there is a conflict due to certain Council members owning interests in the Downtown/Perkins Street corridor and the lack of a legally constituted quorum. Councilmember Crane recused himself at 6:27:38 PM with Councilmember McCowen recusing himself at 6:28:16 PM. Due to the lack of quorum, Director Stump terminated his report, inviting interested parties to attend the first Focus Group meeting scheduled for January 16, 2007, beginning at 9:00 am6:29:39 PM Approve Amendment No. 3 to the Agreement for Professional Services with EBA Engineering Dated February 6, 2002; Authorize the City Manager to Execute the Amendment No. 3, and Authorize a Budget Transfer of $85,695 from the Unencumbered Public Works Allocation Within Fund 105, Measure S, to Budget Account 664.3401.250.001, Consultant Services Public Director Eriksen stated this project was identified during the budget goal session held March of 2006, and is the final step in the closure of the landfill..6:31:21 PM Rick Kennedy, former Public Works Director and consultant for the City, stated that approval of the amendment is for the preparation of a Joint Technical Document, as requested by the North Coast Regional Water Quality Control Board, an adjustment to the maximum compensation stipulated in the Agreement for the preparation of technical and bid documents such as plans, specifications, etc, and, provides compensation for additional services in the amount of $18,975. Public Comment Opened: 6:47:46 PM Lee Howard questioned the expenditures of funds. Public Comment Closed6:51:07 PM Discussion followed, with staff responding to questions concerning the length of time since submittal and changes to the City's proposed closure plan, additional work performed by EBA and to clarify the requirements of the Water Quality Control Board and the need and technical requirements for the Joint Technical Document. MIS Crane/Thomas to approve Amendment #3; Authorize the City Manager to execute Amendment #3; and, transfer from Fund 100. 11. Motion carried by the following roll call vote: AYES: Thomas, Crane, McCowen and Mayor Rodin; NOES: None; ABSENT: Baldwin; ABSTAIN: None Award Consultant Service Agreement to Winzler and Kelly with Compensation Not to Exceed $91~900 for the Preparation of Plans and Specifications for the Re- Alignment of Gobbi Street at Oak Manor Drive and Babcock Lane, Authorize the City Manager to Execute the Consultant Service Agreement and Authorize a Budget Transfer of $91,900 from the Public Works Fund 303 (Gas Tax) to Budget Account 100.3001.250.000, Consultant Services7:09:10 PM Public Director Eriksen and Consultant Kennedy discussed the realignment project. Councilmember Crane had questions about the flood plain and future curb, gutter and sidewalk requirements. Public Comment Opened 7:22:47 PM Public members voicing concerns regarding possible increased water volume, safety of bicyclists, flooding at Oak Manor, affect to Gibson Creek due to the project, and increased traffic volume were Mary Anne Miller, Pinky Kushner, 7:26:53 PM, Marsha Depriest, Bruni Kobbi, Friends of Gibson Creek7:29:54 PM, and Linda Sanders Public Comment Closed 7:31:58 PM Discussion ensued with staff clarifying that the project was designed to avoid increased risk of flooding. MIS McCowen/Crane move approval of the recommended action awarding a Consultant Service Agreement to Winzler and Kelly for the preparation of plans, specifications and associated documents for the construction of the re-alignment of Gobbi Street at Oak Manor Drive and Babcock Project, not to exceed a total of $91,900; Authorize the City Manager to execute the Consultant Service Agreement and authorize a budget transfer of $91,900 from the Public Works Fund 303 (Gas Tax) to account 100.3001.250.000 (Consultant Services) and direct Staff to review with Winzler and Kelly to make sure the project does not compromise the future provision of curb, gutter and sidewalks. Motion carried by the following roll call vote: AYES: Thomas, Crane, McCowen and Mayor Rodin; NOES: None; ABSENT: Baldwin; ABSTAIN: None NEW BUSINESS Discussion and Action Concerning Property Owners Request for City Initiated Annexation of the Brush Street Triangle Building and Planning Director Stump reported receiving a request from Mr. Jack Cox and owners of property within the area, to consider the City initiating annexation of the "Brush Street Triangle". He provided what steps the City would need to take in order to complete an annexation. Public Comment Opened 7:55:04 PM The following citizens spoke to the issues of annexing the Brush Street Triangle: Dan Thomas, Jerry Poplawski, Diane Zucker, John Mayfield, Judy Pruden, Jack Cox, .Lisa Mammina, MaryAnne Miller, Jim Mulheren and Lee Howard Public Comment Closed 8:35:54 PM Responding to comments made by the public, City Manager Horsley stated that several requirements necessary to initiate the annexation have been underway during the past several years. The Urban Water Management Plan is scheduled to be brought forward to the City Council on the second meeting in February 2007; the County and City have recently discussed a sales tax sharing agreement and have met recently to discuss a possible revision to the Sphere of Influence boundaries; all City Departments have completed their Municipal Service Review and the Orchard Street Bridge Grant (Economic 4 Development Authority) is close to approval. Discussion ensued with Council members concurring that the City should take a leadership role and move forward with a regional approach for annexation. Council members agreed that a joint workshop between the Board of Supervisors and the City Council to discuss annexation is appropriate. During the scheduled January 10, 2007 joint Board of Supervisors / City Council and County Planning Department/ City Planning Commission meeting, the Council will propose this joint meeting. b. Status Report on the Anton Stadium Renovation Project and Authorize Staff to Proceed with the Demolition and Reconstruction Process Community Services Director Sangiacomo and Community Services Supervisor Simerson reported on the condition of Anton Stadium, advising the structure has deteriorated and does not meet current seismic or accessibility requirements of the California Building Code. He advised that the City of Ukiah in 2005, was awarded a $500,000 grant from the State's Department of Parks and Recreation for the renovation of Anton Stadium, stating a requirement of the grant is that the City must raise at least $214,857 in matching funds and that the total project is estimated to cost $714,857. He requested Council approval to begin the steps towards the demolition process. Director Sangiacomo additionally reported of on-going meetings with stakeholders that began in February of 2006, as well as press releases that provide the community with updates. He stressed his concern that the stadium remains a safety and liability issue. Public Comment Opened 8:58:08 PM Lee Howard, Ruby Culbert and Judy Pruden expressed interest in how the project will be done, where will the debris go and that the matter will be heard by the Demolition Permit Review Committee. Public Comment Closed 8:59:40 PM Discussion followed with Director Sangiacomo fielding questions regarding a demolition plan, salvage and/or sale of materials, competitive bid process and consideration to reusing the material. Council members accepted Director Sangiacomo's report. Project to move forward through the demolition permit process. Director Sangiacomo to bring matter back after the Demolition Permit Review Committee makes their determination and is to provide Council members with copies of the Request for Proposal for the demolition. c. Approval of the Purchase of One Go-4 Parking Patrol Vehicle from Municipal Maintenance Equipment Inc. in the Amount Not To Exceed $33,042.62 and Request Budget Amendment for Same 9:12:39 PM Economic Development Coordinator Ballek reported on the research that has occurred to find an appropriate vehicle for the Parking Enforcement Officers (PEO). The Go-4 Patrol Vehicle, when compared to seven other vehicles used in other communities by their PEO's best meets the demands of the job. If approved, there will be a delay of up to ninety days due to another city purchasing a fleet of these vehicles. Public Comment Opened. 9:22:16 PM Dotty Coplen expressed a desire for no tickets and more parking downtown. City Manager Horsley stated that the businesses asked for the timed parking zones. Public Comment Closed 9:24:26 PM MIS Crane/Thomas to approve the purchase of a new GO-4 Parking Enforcement Vehicle from Municipal Maintenance Equipment in an amount not to exceed $33,042.62 and $ authorize a budget amendment for the same amount. Motion carried by the following roll call vote: AYES: Thomas, Crane, McCowen and Mayor Rodin; NOES: None; ABSENT: Baldwin; ABSTAIN: None Discussion of Bud.qet Process and Goals Meetinq 9:25:42 PM City Manager Horsley advised that staff would like to hold joint goal setting meetings with the City Council in February, requesting direction by the Council members. Mayor Rodin polled Council members asking if there is interest in participating in a strategic planning process. Matter to be agendized once Mayor Rodin provides additional information 12.COUNCIL REPORTS 9:30:00 PM Councilmember Thomas reported he will be attending League of California Cities training on January 10 through 12, 2007 and stated he would like to attend a second conference in the middle of March in Yosemite regarding Smart Growth /Water Sustainability Councilmember McCowen: Reiterated the deadline for public comment on the Mill Creek Project Draft Environmental Impact Report is January 8th and requested this information be placed on the City's website. 13.CITY MANAGER/CITY CLERK REPORTS City Manager/City Clerk No reports 14. CLOSED SESSION None 15.ADJOURNMENT There being no further business, the meeting was adjourned at 9:35:01 PM Gall Petersen, City Clerk