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HomeMy WebLinkAboutMin 02-21-07 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 February 21, 2007 6:00 p.m. ROLL CALL The Ukiah City Council met at a Regular Meeting on February 21, 2007, the notice for which being legally noticed on February 16, 2007. Vice Mayor Crane called the meeting to order at 6:05:11 PM. Roll was taken with the following Councilmembers present: Thomas, McCowen, Baldwin, and Vice Mayor Crane. Absent: Mayor Rodin. Staff present: City Manager Horsley, City Attorney Rapport, Battalion Chief Jennings, Building & Planning Director Stump, Budget Officer Goodrick, Finance Director Smith, Community Services Director Sangiacomo, Water Utilities Engineering Consultant Rick Kennedy, and Deputy City Clerk Brown. Consultant: Mary Grace Pawson, Winzler & Kelley. PLEDGE OF ALLEGIANCE Councilmember Thomas led the Pledge of Allegiance. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. u....~..~.... ~-- .... *" 'rc~'~""c ~""*'"~ P'c~r=.~.. v.-....~, u .... ~'""" -~u.".'c'~' (Item pulled) b. Introduction of New Mendocino County Sheriff: Tom AIIman City Manager Horsley presented Tom AIIman, who further introduced himself and greeted the City Council stating he thinks resources can be saved and better service provided by working together. c. Prcc=.".~t!c.".: Th= D':ceU-""* D'~"ct "Stcr!=: cf Why Wh.~r= ~=.*t.-~r='' (Item pulled) d. Introduction of New Personnel Analyst: Sheri Walker (item pulled due to illness) e. Introduction of Fire Department Volunteers-- Fernando Hernandez~ Lucas Martin, Chris Pittman and Nancy Sawyer 6:13:59 PM Battalion Chief Jennings spoke of the accomplishments made by these individuals, introducing them to the City Council. PETITIONS AND COMMUNICATIONS There were none APPROVAL OF MINUTES There were none. RIGHT TO APPEAL DECISION Vice Mayor Crane read the right to appeal policy. CONSENT CALENDAR Vice Mayor Crane requested that item 7d be pulled and discussion as item 1 lc. moved to New Business for MIS McCowen/Thomas to approve the consent calendar items "a through c" and "e through g" as follows: Report of Disbursements for the Month of January 2007 Multi-Hazard Emergency Response Plan Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency to New Business, 11c. Adoption of Resolution Approving Records Destruction Notification to the City Council of the Emergency Expenditure of $'18,080.55 for the Pump Extraction, YJdeo InspeotJon: Repair and Cleaning of the Well Casing, Pump Re-Installation of City Well #4 by Layne Christensen Resolution of the City of Ukiah City Council Amending the Ukiah Redevelopment Agency Bylaws Pertaining to Article Il--Officers and Officials, Section 9. Compensation Motion carried, with removal of item 7d moved to New Business as item 11c, by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Baldwin, and Vice Mayor Crane. NOES: None. ABSTAIN: None. ABSENT: Mayor Rodin. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Judy Pruden asked that the City Council consider as a discussion item making the Agenda Packets available sooner. 6:26:43 PM Eric Idarius is part owner of a proposed planned development on 125 and 137 Ford Street that came to the Planning Commission last week and the project is being recommended for approval to Council next month. Mr. Idarius just learned about an ordinance that would impact their project by adding $80,000 in in-lieu fees and he would like the City Council to consider an exemption. John Graft, Employers Council of Mendocino County submitted a letter opposing the City's acquisition of any additional real property. Linda Sanders submitted a letter to the City Council about the realignment project for Babcock Lane and Oak Manor Drive at Gobbi St. with concerns about the design, traffic, and Gibson Creek, Lee Howard stated his support for Judy Pruden's statement regarding the availability of materials. Public Comment Closed: 6:38:49 PM PUBLIC HEARINGS (6:15 PM) There were none. UNFINISHED BUSINESS 6:38:58 PM a. Status Report--Sphere of Influence and Municipal Service Review Data Projects The City Council received a preliminary draft of City information for the Municipal Service Review (MSR) report. Director Stump noted it is a preliminary document, not meant for formal public review and, not intended yet for critiquing for LAFCO's use in putting the MSR's together. City Attorney Rapport also presented a letter discussing the legal requirements mandated by amendments to the laws governing geographical boundaries, as a response to a LAFCO letter received recently. Status of the sphere of influence map was also given. By Consensus the City Council determined to form an advisory subcommittee of two with Councilmember McCowen and Mayor Rodin, if willing, and Councilmember Thomas if Mayor Rodin is unable to serve. Public Comment Opened: 6:49:39 PM Public speaking to the subject: Judy Pruden and Lee Howard 2 11. Public Comment Closed: 6:54:16 PM City Attorney Rapport stated relative to the Brown Act, the Definition of a "Legislative Body" is a committee or board, whether permanent or temporary created by formal action of a legislative body; but if advisory, it is temporary--not a standing committee-and if less than a quorum, is not considered a Legislative Body. He advised the City Council should take action by vote, but it is important that the subcommittee be solely City Counciimembers, less than a quorum of the City Council, and a temporary, advisory committee for the purpose of meeting with staff or other public officials to move the process of developing or moving our MSR's forward. MIS McCowen/Baldwin that Mayor Rodin and Councilmember McCowen be appointed to an advisory committee, with Councilmember Thomas to serve, if Mayor Rodin is unwilling or unable to accept the appointment to the subcommittee, for the purpose of meeting with staff or other public officials in order to further the Municipal Service Review process. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Baldwin, and Vice Mayor Crane. NOES: None. ABSTAIN: None. ABSENT: Mayor Rodin. It was the Consensus of the City Council to allow additional public comment: Lee Howard and Michael Kisslinger spoke. 7:05:12 PM NEW BUSINESS a. Approval of Fiscal Year Mid-Year Budget Amendment Finance Director Smith and Budget Officer Goodrick presented the mid-year budget amendments for Fiscal Year 2006/2007. The recommended action was to approve Attachment A--Summary of Proposed Mid-Year Budget Amendments. No public comments received. MIS McCowen/Baldwin recommending approval of the mid-year budget adjustments. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Baldwin, and Vice Mayor Crane. NOES: None. ABSTAIN: None. ABSENT: Mayor Rodin. b. Discussion of City Alternate to Local Area Formation Commission (LAFCO) Board of Directors City Manager Horsley stated there is currently a vacancy on LAFCO for the City alternate representative. A Mayor must request a City Selection committee meeting to vote on that particular vacancy. By Consensus the City Council agreed to name Councilmember McCowen as a candidate for the City Alternate position to the Local Area Formation Commission (LAFCO) to be considered by the City Selection Committee. c. Adoption of Ordinance of the City Council of the City of Ukiah Amending Articles 1 and t8 of Division 4, Chapter 2 of the Ukiah City Code, Pertaining to the Definitions Used in the City of Ukiah Sewer Ordinance and to the Replacement or Repair of Sewer Laterals This item was 7d., and was removed from the Consent Calendar. Attorney Rapport stated this is the sewer lateral Ordinance the City Council introduced at its last meeting and it is on the agenda for adoption tonight. Comments received prompted him to make some proposed changes to Section 3399.3 and 3399.7.1. If further changes are approved by City Council tonight we will not be able to adopt the Ordinance tonight but must wait at least five days. Public Comment Opened: 7:27:17 PM 3 John Bogner, Lee Howard, John Graft and Tara Marody spoke. Public Comment Closed: 9:11:30 PM 9:18:30 PM MIS McCowen/Baldwin amending the ordinance in Section 3799.3 Approved Testing Methods, strike the language other than adding the part that says" subject to review and revision by the City Council, strike the rest of the language in the opening paragraph as recommended by the City Attorney (on page 8); on p. 12 Section 3799.7, Section 1, delete "Building" and insert "sewer lateral" so that it states that the sewer lateral serving the property is 10 years old or less, and recommend those amendments to the amended Ordinance that has been introduced. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Baldwin, and Vice Mayor Crane. NOES: None. ABSTAIN: None. ABSENT: Mayor Rodin. By Consensus the City Council determined to continue this item to Wednesday, February 28, 4:30 PM. for possible adoption. 12. COUNCIL REPORTS Councilmember Baldwin reported there is a special Inland Water and Power Commission (IWPC) meeting Monday February 26, 7 pm, regarding the Eel River diversion issue and a crisis for the growers of the vineyards in Potter Valley and the lack of frost protection. Councilmember Thomas has been meeting with subcommittees of the Main Street Program who are concerned that something be done about the Palace Hotel. Also he has been given the opportunity to tour city facilities and speak with staff and its been a wonderful process and it included the sewage treatment plant. He also did two, ride-alongs with the Police force which he thinks worthwhile for City Councilmembers. Councilmember Crane noted that he was named chair of the Mendocino Solid Waste Management Authority where he represents the City as a commissioner. 13. CITY MANAGER/CITY CLERK REPORTS City Manager Horsely asked the City Council if they are able to meet at 4:30 on March 7 for the City Council meeting. She also reported on a conference call today with the State Waste Management Board staff, and talked about the City's pilot program at the transfer station for construction and demolition materials. Adjourned to Closed Session: 9:24:19 PM 14. CLOSED SESSION a. Conference with Real Property Negotiators (GCS 54956.8) Property: 107 South Oak Street, Ukiah Negotiator: Candace Horsley, City Manager Negotiating Parties: City of Ukiah/Saturday Afternoon Club Under Negotiation: Price and terms of payment Reconvened: 10:12 PM. No action taken. 15. ADJOURNMENT There being no further business, the meeting was adjourned at 10:12 PM to February 28, at 4:30 4