Loading...
HomeMy WebLinkAboutMin 12-20-06 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting Minutes CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 December 20, 2006 6:00 p.m. The Ukiah City Council met at a Regular Meeting on December 20, 2006, the notice for which being legally noticed December 15, 2006. Mayor Rodin called the meeting to order at. 5:59:58 PM Roll was taken with the following Councilmembers present: Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. Staff present: City Manager Horsley, Building and Planning Director Stump, Public Works Director Eriksen, Fire Chief Clarabut, Community Services Director Sangiacomo, Public Utilities Director Gould, Electrical Distribution Engineer Kirkley, Water Utilities Project Engineer Burck, Hydro Project Manager Grande, City Attorney Rapport, and Deputy City Clerk Brown. 2. PLEDGE OF ALLEGIANCE was led by Ann Burck. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Introduction of New Chamber Executive Director Bert Mosier City Manager Horsley introduced the Ukiah Chamber of Commerce new Executive Director Bert Mosier. Mr. Mosier stated he is looking forward to a good working relationship with the City. b. Introduction of New Employees - Patrick Garrett and Rebecca SchwenRer, Firefi~lhterlParamedics Prior to introductions of new staff, Fire Chief Clarabut announced the retirement of Fire Captain Mark Hilliker, effective December 30, 2006, after 39 years of service to the City. Capt. Hilliker stated it was a privilege to serve the City and he hopes to continue as a volunteer. Fire Chief Clarabut introduced new Firefighters Patrick Garrett and Rebecca Schwenger to the Council. PETITIONS AND COMMUNICATIONS There were none. APPROVAL OF MINUTES There were none. RIGHT TO APPEAL DECISION Mayor Rodin read the appeal policy. CONSENT CALENDAR MIS McCowenlCrane to approve the Consent Calendar, with item 7.b. removed. Report of Disbursements for the Month of November 2006 Award of Consulting Contract for Gobbi Substation Upgrade (pulled to item 11 .c.) Electric Rate Study Consultant Selection - Award of Contract to Borismetrics in an Amount Not-to-Exceed $29,900 Award of Bid to Simplexgrinnell for Semi-Annual Inspection of the Civic Center Halon Systems in the Amount of $3,700 per Year for Three Years 9. 10. Authorize Award of Contract with Perfectio Plus Transcription for Police Transcription at an Amount Not to Exceed $25,000 per Fiscal Year Report to Council on Contract Extension with Whitlock and Weinberger Transportation, Inc. (VV-Trans) for Professional Services in the Preparation of a Downtown Parking Improvement Study and Authorize Budget Amendment in an Amount Not to Exceed $6,101.40 for Same Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency Report of the Acquisition of Services from Tim Narvaez in the Amount of $9,642.50 for Slope Repair Work at the Ukiah Solid Waste Disposal Site Rejection of Claim for Damages Received from Sylvia H. Corona and Referral of Claim to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund Motion carried with an alt AYE voice vote. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Elizabeth Daniels spoke regarding a police department matter. PUBLIC HEARINGS (6:15 PM) There were none. UNFINISHED BUSINESS c. City of Ukiah Public Benefits Program Presentation by Efficiency Services Group and Possible Action on Recommendations Electrical Distribution Engineer Kirkley reported, introducing Mark Gossner of Efficiency Services Group, hired to revise the City's public benefits program and address other public benefits programs. The effort has been aimed at meeting the new requirements of public benefits legislation. The City Council's direction is needed to finalize allocations for 07-08. Public Comment Opened 7:22:16 PM Gina Scott, asked about elimination of a rebate on double-pane windows. Marjorie Caulfield expressed concern about a raise in water and sewer rates. Public Comment Closed 7:27:51 PM Ms. Kirkley asked the City Council for direction on time deadlines for using the encumbered $154K in solar funds. MIS Baldwin/McCowen that once approval is given, if the applicant hasn't used it within a year, the grant is rescinded unless the applicant receives an extension for good cause. Motion carried with an all AYE voice vote. By General Consent the City Council deferred approval of recommended changes to the renewable energy efficiency programs, pending receipt of additional information about the state guidelines and comparable programs in other jurisdictions. The Council also expressed an interest in reviewing the income guidelines and benefit levels for the Ukiah Cares program which provides assistance to income eligible residents. a, Status Report on the Ukiah Skate Park Development Proiect and Authorize the Release of the Request for Proposals for Professional Design Services for the Development of the Ukiah Skate Park 7:54:35 PM Director Sangiacomo referred to a competitive State Grant the City is in receipt of for $500,000-for which the City must raise $215,000 in matching funds. The Skate Park Committee 2 has raised approximately $174,000 to date, not including volunteer and donation matches and County funds that have also been secured. The City successfully leased a one-acre site at the Ukiah Rail Depot shortly before grant award, and has since secured three parcels adjacent to the Depot site donated by the Watkins family. Public Comment Opened 8:08:54 PM Jim Mulheren asked why the agenda order for the Ukiah Skate Park agenda item was taken out of order to hear the public benefits item. John Graft asked if the design for the skatepark would take care of the road redesign regarding Hospital Drive and Leslie. Judy Pruden referred to the redevelopment documents that went into effect in 1989/90 stating she thinks they will drive this project and they should be pulled back out for review. MIS McCowen/Crane moved the recommended action to receive the status report on the Ukiah Skate Park Development Project and authorize the release of the Request for Proposal for Professional Design Services for the development of the park, with the understanding that any design will not preclude options for realigning Hospital Drive into the Depot parcel and connecting it with Leslie. Motion carried with an all AYE voice vote. b. Discussion and Appointment of Planning Commission Members Director Stump stated the newly elected City Council members need to initiate discussion and each appoint a Planning Commission member. The ordinance provides that the appointed commissioners serve for the duration of the Councilmember's term. MIS Thomas/McCowen nominating Anne Molgaard; motion carried with an all AYE voice vote. Councilmember McCowen thanked Kevin Jennings for having served as his previous appointment. MIS McCowen/Crane nominating Mary Anne Landis; motion carried with an all AYE voice vote. MIS Baldwin/McCowen nominating Ken Anderson; motion carried with an all AYE voice vote. Mayor Rodin asked City staff to bring this ordinance back to consider placing some flexibility in the term of the commissioner appointments. d. Lake Mendocino Hydroelectric Plant Refurbishment Proiect Budget and Schedule Update; Authorize the Expenditure of Additional Funds Necessary to Complete the Project 8:25:22 PM Hydro Project Manager Grande reported recommending that the City Council authorize the expenditure of budgeted and unbudgeted funds of approximately $700K to complete the project repairs. MIS Crane/McCowen moved the recommended action. Motion carried with an all Aye voice vote. e. Discussion and Appointment of City Councilmembers to Various Boards and Commissions 12:36:06 AM In addition to potential committee appointments discussed on December 6, Councilmember Thomas would also accept appointment to the Mendocino Transit Authority, alternate to Mendocino Solid Waste Management Authority, Economic Development & Financing Corp, and alternate to the Main Street Program. By General Consent, the City Council adopted the committee appointments discussed at the December 6 meeting as well as the additional ones of tonight's meeting. Discussion on Issues to be Discussed at a Joint City Council/County Board of Supervisors Meeting Regarding the Ukiah Valley Area Plan - McCowen 3 11. Director Stump reported that a joint meeting with the Mendocino County Board of Supervisors to discuss the Ukiah Valley Area Plan (UYAP) has been set up for January 10, 2007, at the Ukiah Valley Conference Center. An ad hoc committee was formed including Mayor Rodin and Councilmember McCowen who developed talking points of the City's current position and priorities for the consideration of the City Council. Public Comment Opened 8:38:36 PM Judy Pruden stated she had concern that community input would not be part of the process. Richard Shoemaker, stated the UVAP discussion needs to be an open process and the vision statement should be crafted by the Community. Public Comment Closed 8:46:35 PM By General Consent Council approved the talking points that were proposed. Recessed at 9:01:31 PM Reconvened at 9:]0:43 PM NEW BUSINESS a. Discussion and Possible Action on Status of Implementin~l the City's Sewer Lateral Inspection Ordinance Includin,q Point-Of-Sale Requirements Water Utilities Project Engineer Burck reported on status of implementing the ordinance adopted in 2004 for sewer lateral testing, and issues that subsequently arose that need to be resolved through a revision of the ordinance. Winzler & Kelly have been working with staff and the public on this project. Public Comment Opened 9:41:36 PM Kathy Hayes, North Bay Association of Realtors (NORBAR), submitted a letter she had written to City Council in 2004. She expressed concern about passage of the ordinance without further outreach to the real estate community. Sharon Hatfield provided a copy of MLS statistics for 2005-06 to see how many properties this ordinance would affect. She thinks that it would be more logical to apply this geographically. She was concerned about open permits if deals didn't close. Richard Shoemaker stated the issue of repairing the lateral to the curb or to the main is the key issue. The City delivers water to the meter at the curb; power to the meter usually on the home, while the sewer utility only delivers to the middle of the road. John Graft stated that we don't have many contractors in town that can do both home and street repairs. Eric Crane stated he thought a geographical application was the best solution. Public Comment Closed 10:12:02 PM Referring to Attachment 2, Implementation of Issues and Alternatives, the City Council discussed alternatives with the following result: · Issue '1: A Point-of-Sale Requirement is not as Effective as a Geographically Targeted Program The preferred alternative is: Alternative 2, Make some changes to Section 3799 to facilitate its implementation (see discussion under Issues 5 through 10 below) and increase consistency with the Ukiah Valley Sanitation District requirements. Continue to pursue mainline inspections and a mainline Capital Improvement Program consistent with available revenue. · Issue 2: The Existing City Policy Regarding Ownership of Laterals Makes Repairs Too Expensive and Is Unfair. The preferred alternative is Alternative 2, Develop and implement a City assistance program for property owners in the form of incentive grants or loans. See discussion under Issue 3 below. This Alternative has the advantage of allowing the City to control its costs associated with lateral repair by establishing budgets for the grant/loan program based on anticipated savings at the treatment plant from the reduced cost of treating I/i. And, possibly Alternative 3, Modify City policy to accept responsibility for the portion of the sewer lateral in the public right-of-way once an inspection and repair, funded by the property owner, have occurred. · Issue 3: The Cost of Required Repairs to Private Laterals May Be Too Expensive for Some Owners. The preferred alternatives are Alternative 2, Develop and implement a City- sponsored loan program whereby owner costs can be financed over time; and Alternative 3, Limit owner liability to private property only thereby reducing costs to individual property owners, but increasing City responsibility and ~iability. · Issue 4: Other Jurisdictions Do Not Require Point-of-Sale Inspections. Referring to Exhibit A, Excepts from Sonoma County City Codes Regarding Sewer Laterals, the City Council would like more discussion about the pros and cons of the City taking ownership of the laterals from the property line to the main. · Issue $ - 10: Leave open for the future. Streamline language that is easier to work with. Ms. Burck stated that staff would work with the Ukiah Valley Sanitation District for some language consistency as far as is practical, and will bring back more information including ownership of the laterals. The City would like more discussion about the prospective language with the UVSD and will bring back more information including discussion about the laterals ownership. b. Discussion and Possible Action on Electric Resource Options Authorizing City Manager to Increase the City's Participation in the New Lodi Power Project and Authorizing the City Manager to Direct NCPA to Acquire Short Term Power Purchase Contracts to Meet the City's Power Deficit 10:39:47 PM Electrical Distribution Engineer Kirkley reported that the City has need of additional electric power resources for the future. The City has been working with Northern California Power Agency (NCPA) to that end. The recommended action would 1) authorize the City Manager to increase the City's participation in the New Lodi Power Project to 5MW by signing the Phase 88 Agreement for Financing the Planning and Development of the new Lodi Project; and 2) authorize the City Manager to direct NCPA to acquire short-term power purchase contracts to meet the City's power deficit for up to three years at the following percentages of the City's power deficit: 100% for 2007, 50% for 2008, and 25% for 2009 given the uncertainty of timing for when the NGPP units might start providing energy. MIS McCowen/Crane moved approval of the recommended action both as to the participation in new load at 5 MW and also the short-term power purchase. Motion carried with an all AYE voice vote. c. Electric Facilities Assessment Presentation Director Gould reported on the assessment of the electric utility infrastructure, to provide the City with a roadmap for improvements to the electric system and recommendations for maintenance programs, to set priorities, and identify budget needs. MIS McCowen/Baldwin to accept the report and approve item 7b of the consent calendar. Motion carried with an all AYE voice vote. d. Wastewater Treatment Plant Update and Discussion and Possible Action on the Cost 11:54:19 PM Water Utilities Project Engineer Burck presented a multi-part presentation to update Council on the progress made on the Wastewater Treatment Plant construction project. Discussion on cost reduction alternatives also took place. By General Consent the City Council accepted the reports and determined that Tiers 2 and 3 generally don't meet the "value" and "risk" test criteria established for cost reductions. e. Discussion and Action Concerning Property Owners Request for City Initiated Annexation of the Brush Street Triangle This item was pulled, at the request of the applicant, and continued to January 3, 2007. f. Award of Contract for 2000 and 2002 STIP Railroad Crossing Rehabilitation Project Specification A memorandum to the City Council dated December 20 was received from Director Ericksen recommending rejection of the bids which greatly exceeded the engineer's estimates. MIS McCowen/Thomas moved to reject the bids. Motion carried by an all AYE voice vote. g. Award of Contract for Gobbi Street and Orchard Avenue Traffic Signal Improvements -Specification No. 06-'16 12:26:07 There is an irregularity with this bid as the apparent Iow bidder did not adequately set the limit of bond, so the second Iow bidder has appealed. This issue was discussed with City Attorney Rapport and he has expressed comfort recommending the City award the bid to the Iow bidder, Pipeline Excavators, who have corrected the bond amount, find this as an irregularity, and award them the bid. City Attorney Rapport advised that case law states the City has the discretion to waive a bid irregularity as long as it doesn't give the Iow bidder a competitive advantage. MIS Crane/McCowen to authorize the recommended action; Motion carried by an all AYE voice vote. h. Request for Sponsorship of Citizen U Educational Water Forum - Rodin Public Comment Opened 10:32:31 Mary Anne Landis stated there is much for UVAP to finalize and there is more to learn-the genesis of Citizen U. They are planning four educational seminars with other co- sponsors including, she hopes, the City of Ukiah. The first meeting is scheduled January 18, 6-8 pm. She asked the City to sponsor the cost of the conference center for hosting the meetings. By General Consent the City Council approved paying for the first meeting. i. Discussion Concerning Measure "X" Implementation - McCowen Councilmember McCowen reported that Measure X did pass. It was discussed with the City Council and the Chamber of Commerce that a committee should be convened to develop a work plan for expending the promotion funds. Don Ballek is the logical staff choice, and Councit liaisons may also want to be involved--as well as local groups and hoteliers. A work plan will be incorporated into the performance agreement with the Chamber. All groups may not wish to participate, but should be invited with the understanding that the purpose is to promote Ukiah and its tourism industry. By General Consent the City Council approved formation of the committee. j. Discussion of Recruitment Process for City Manager and Possible Authorization to Prepare a Request for Proposal (RFP) for a Professional Recruitment Firm City Manager Horsley reported that staff is recommending Council authorize preparing a request for proposal for a professional recruitment firm. By General Consent the City Council authorized preparation of a request for proposal. k. Possible Approval of Settlement Agreement in Ukiah versus Mattern. MIS Crane/Baldwin approving Settlement Agreement in Ukiah versus Mattern. Motion carried by the following roll call vote: AYES: Thomas, Crane, Baldwin, and Mayor Rodin; NOES: McCowen; ABSTAIN: None; ABSENT: None. 12. COUNCIL REPORTS Councilmember Crane reported the work with the Sanitation District on the sewer lateral ordinance for the District is coming together. The Grease Trap ordinance was done in parallel, and the District has approved it, but we should bring it back for possible revisions by the City Council. Councilmember Baldwin reported attendance at two meetings: One was with Inland Water and Power Commission about the meeting with PG&E, but proposed bringing it back for future discussion regarding alternative storage sites, etc. He also met with Councilmember Crane, City Manager Horsley, and two members of the Willow Water Board. 13. CITY MANAGER/CITY CLERK REPORTS There were none. Recessed to Closed Session 12:48:53 AM 14. CLOSED SESSION a. Conference With Legal Counsel-Existing Litigation (Gov't Code 54956.9(a))- River Watch v. Ukiah~ U.S.Dist. Ct. N.D. Cal. C04 4518 CW Conference With Legal CounseI-Existina Litiaation (Gov't Code 54956.9(a))- Ukiah v. Mattern, Court of Appeal case no. A1 t 2897, Mendocino County Superior Court case no. CV94844 15. ADJOURNMENT There being no further business, the meeting was adjourned at 1:15 AM. L~'~ta C. Brown---~-D, e-puty city Clerk 7