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HomeMy WebLinkAboutmin 04-04-07CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 4, 2007 6:00 p.m. ROLL CALL The Ukiah City Council met at a Regular Meeting on April 4, 2007, the notice for which being legally noticed on, March 30, 2007. Preceding the regular meeting was a Special Meeting of the Ukiah Redevelopment Agency, scheduled to begin at 5:15 PM, Mayor Rodin called the meeting to order at 6:00:55 PM. Roll was taken with the following Councilmembers present: Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. Absent: None. Staff present: City Manager Horsley, City Attorney Rapport, Community Services Director Sangiacomo, Finance Director Smith, Planning and Building Director Stump, and Deputy City Clerk Brown. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 3. a. Presentation: ~ tie rracemeant rroiecc-= ~azones or vvnv vvnern ~nauc~~ Kate Magruder presented the second in a series of multimedia presentations to the City Council. Mayor Rodin brought an urgency item to the City Council for consideration to add to the agenda: 6:07:46 PM It is a request for a fetter of support for a bill by Senator Pat Wiggins to make available $5.5 million dollars for NCRA. The bill would release the money to be used to maintain the railroad tracks. M/S McCowen/Crane to add the item to the agenda based on the fact that the information came forward after the agenda was prepared, and there is a need to take action before the next City Council meeting because there will be a hearing of the Bill on April 10. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. The urgency item will be heard as item 11 h. b. Proclamation - Recognizing Ukiah Main Street Program's Service to_ the Residents of Ukiah By Celebrating its 20 Anniversary Mayor Rodin read and presented a proclamation to Executive Director Joy Beeler, and President Tom Liden, recognizing the 20th Anniversary of the Ukiah Main Street Program. 4. PETITIONS AND COMMUNICATIONS There were none. 5. APPROVAL OF MINUTES a. Regular Meeting Minutes of February 7.2007 Councilmember Crane submitted a correction concerning page 3, item 10, the reference to Oak Park should read Oak Manor, and the comment by Steve McKenzie, he believed was not about chlorination but a loss of area in the park as it related to a chlorination tank. M/S Baldwin/Thomas to approve the Minutes as corrected. Motion carried by an all AYES voice vote. b. Saecial Meeting Minutes of March 20. 2007 Councilmember McCowen submitted a correction of the spelling of Gary Weatherford's name under "Consultants" on p. 1. M/S McCowen/Baldwin to approve the Minutes as corrected. Motion carried by an all AYES voice vote. 6. R1GH7 TO APPEAL DECISION Mayor Rodin read the right to appeal policy. 7. CONSENT CALENDAR Councilmember Thomas requested to pull item 7d., Status of Hydro Plant, to become New Business item 11i. M/S Baldwin/Crane to approve the Consent Calendar items 7a through 7c, and 7e through 7f, and to pull item 7d to New Business item 11i. a. Accept Report of Audited Financial Statements and Report of Independent Accountants for Fiscal Year 2005-2006 b. Report to City Council Regarding the Purchase of a Comprehensive Irrigation Evacuation from David Bigler Associates for the Ukiah Municipal Golf Course in the Amount Not To Exceed $6,000.00. c. This is to Notify the City Council of the Purchase of One Paperless Chart Recorder from MANCO in the Amount of $5,905.44 (pulled to New Business, item 11i). e. Award of Bid for 6,000 Ft. of 750 MCM Aluminum, 600v, Single Conductor Cable to American Wire Group in the Amount of $13,007.58 f. Adoption of Resolution of the City Council of the City of Ukiah Approving the Issuance of Tax Allocation Refunding Bonds by the Ukiah Redevelopment Agency to Refund a 1994 Loan Agreement Motion carried by an all AYES voice vote, with item 7d pulled out for discussion to item 11 i. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Dotty Coplen stated her concerns regarding Form Based Zoning. John Graff stated that the City's budget and spending practices are a concern to him. 9. a. ado uon of rcesomtion wg usnn rees ror me uKian rviumc~ ai vvu wurse Director Sangiacomo brought a proposal from the Parks, Recreation and Golf Commission to adjust the golf fees. Recommended Action: Adopt a resolution adjusting fees for the Ukiah Municipal Golf Course. Public hearing opened: 6:27:46 PM Public speaking to the topic were: Lois Erickson, and Faye Hefty. Public hearing closed: 6:34:12 PM M/S McCowen/Thomas to approve the recommended action with the addition of an unlimited senior rate at $1300; and $1800 for a couple. Motion carried by the following roil call vote: AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None. ABSTAIN: None. ABSENT: None. 10. UNFINISHED BUSINESS a. Director Sangiacomo reported on elements about the Demolition Permit Review Process, and CEQA steps for the review process. Recommended Action: Determine that the demolition of the grandstand structure behind home plate would not result in a substantial adverse impact on the historically/culturally significant Anton Stadium Complex, and direct staff to prepare an Initial Environmental Study. Public Comment Opened: 6:46:54 PM Public that spoke to the item: Judy Pruden Public Comment Closed: Councilmember McCowen moved to approve the recommended action, which died for lack of a second. Councilmember Crane stated he felt the City Council should be able to approve the details of the demolition solution. City Attorney Rapport advised the City Council that they could approve and make a finding that allows the project to go forward, but simply include in the motion a direction to staff to come back to the City Council with its detailed plan for conducting the demolition before it finalizes issuance of the permit. 6:56:50 PM MIS McCowen/Crane to determine that the demolition of the grand stand structure behind home plate will not result in a substantial adverse impact on the historically and culturally significant Anton Stadium Complex, direct staff to prepare a CEQA categorical exemption, and to return to City Council with the details of the demolition plan prior to issuing the demolition permit. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None. ABSTAIN: None. ABSENT: None. b. Adoption of Resolution Adopting Awahnee Water Principles 6:57:58 PM Recommended Action: Adopt resolution adopting Ahwahnee Water Principles. M/S McCowen/Crane to approve the recommended action; Public Comment Opened: 6:59:42 PM Public speaking to the item: Linda Sanders. Public Comment Closed: 7:01:36 PM Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None. ABSTAIN: None. ABSENT: None. c. Discussion and Possible Action on Acquisition of the Mattern Parcel by City/District Sewer Operations Fund 7:02:54 PM Director Smtith and City Attomey Rapport presented the item. Recommended Action: 1) Approve the purchase of the Mattern parcel from the City/District Sewer Fund #612 and a budget amendment for the amount of the purchase ; 2) Direct staff to make a request to the UVSD board for approval of the purchase from the City/District Sewer Operations Fund ; 3) Authorize the ,air-p~saa Mayor to sign an agreement with Ukiah Valley Sanitation District agreeing to the purchase of the Mattern parcel by the City/District Sewer Fund #612. M/S Crane/Baldwin to approve the recommended action with the exception that the word "chairperson" in 3) be replaced by the word "Mayor"; Public Comment Opened: 7:11:33 PM No public comment was given. Public Comment Closed: Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None. ABSTAIN: None. ABSENT: None. 11. N a. Mayor Rodin reported she and Councilmember McCowen have been attending meetings about where the Courthouse should be sited, and County staff and members of the Board of Supervisors have asked if the City would be willing to provide assistance if the facilities were sited downtown. Recommend Action: Discuss and determine if the City Council supports utilizing redevelopment funds, in-kind resources, or other incentives to assist in siting some or all of the new criminal justice facilities in the downtown area. Public Comment Opened: 7:19:47 PM Public speaking to the item: Judy Pruden, and Scott Cratty. Closed Public Comment: 7:23:22 PM By Consensus the Mayor was authorized to write a letter to communicate to the County that there is support from the City Council to be a partner in this process in the very broad terms that are laid out in the recommended action, but taking out the words "some or all of the." b. Director Sangiacomo and Supervisor Simerson pointed to the benefits of this software as: online registration, detailed tracking and reporting of revenue and expenses, instructor access to class rosters, major reduction in staff time, and useful for creating a detailed customer base. Recommended Action: Approve the request for authorization for the City Manager to negotiate and execute a contact for recreation software from GOV Partner for the Community Services Department, and authorization for a budget adjustment in the amount of $15,150.00. M/S McCowen/Baldwin to approve the recommended action; Public Comment Opened: 7:44:00 PM There was none given. Public Comment Closed. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None. ABSTAIN: None. ABSENT: None. Recess: 7:46:33 PM Reconvene: 7:53:18 PM c. rcevrew ana rroviae uvecaon rceaarama uKian ~.amaanrn Reform r,cr City Attorney Rapport presented the item summarizing that under Section Two of the ordinance adopting the Ukiah Campaign Reform Act (Ukiah City Code ("UCC") § 2075-2087), the Act is subject to review by the City Counci! within six months after the November 2006 election to determine whether any changes should be made. The issues discussed included: 1) Section 2082 regarding the filing of a third pre-election Campaign Disclosure Statement (Form 460) which created a hardship on the City Clerk's office; 2) Section 2081.D.3 regarding voluntary spending 4 limits, and 3) Section 2081.D.7 regarding posting of candidate's statements on the City's website. Recommended Action: Review application of the Ukiah Campaign Reform Act during November 2006 election and give direction to staff on proposed changes to the Act. Public Comment Opened: 8:11:34 PM Public speaking to the item: Scott Crafty, Jim Mulheren, Pinky Kushner, and Steve Scalmanini. Public Comment Closed: 8:21:47 PM By Consensus the City Council formed an ad hoc committee of Councilmember McCowen and Baldwin to review the Act and bring it back for recommended changes, subject to the approval of the City Council. d. Discussion and Direction Regarding Planning Commission Appointment Process Mayor Rodin 8:27:05 PM Mayor Rodin raised this item for discussion. Public Comment Opened: 8:34:21 PM Public speaking to the item: Jim Mulheren, and Steve Scalmanini. Public Comment Closed: 8:42:02 PM By Consensus the City Council determined that staff should bring back a proposed ordinance that would give greater stability by providing 4-year terms of appointment by City Council, regardless of whether or not a City Councilmember may leave office early. e. Report on Ukiah Valley Area Plan fUVAPI Community Meeting and Request for Mayor Rodin asked to table the item for this meeting as there is a new economic report about to become public. Public Comment Opened: 8:44:27 PM Public speaking to the item: Pinky Kushner. Public Comment Closed: 8:47:10 PM . Continued to the next meeting. f. Set Dates for Fiscal Year 2007-08 Budget Hearings City Manager Horsley asked the City Council to set aside two dates in June for budget hearings, proposing June 25 and 26, 2007. Recommended Action: Set June 25 and June 26, 2007 as dates for the Fiscal Year 2007-OS Budget Hearings and authorize the City Clerk to notice Public Hearing prior to hearings. By Consensus the City Council approved the recommended dates g. uiscussion ana rossipie Acuon on °~rne° of city councn Meeting minutes Councilmember McCowen and Mayor Rodin requested a discussion about style of City Council Minutes. Recommended Action: Direct the staff to begin keeping "Action Minutes" for the City Council and for all City Commissions and Committees. 8:49:45 PM MIS Crane/Baldwin to approve the recommended action; City Attorney Rapport stated that an exception should be made for land use decisions by the Planning Commission, such as zoning changes, use permits, and subdivision approvals, which are being considered by the Planning Commission or Zoning Permit Administrator. Having minutes that summarize who the witnesses were and what they said has some value for creating an administrative record on use permits, variances, specific entitlements, etc., for uses that can be appealed to the City Council 8:52:37 PM . Councilmember Crane amended the motion to reflect the City Attorney's exception, and Councilmember Baldwin accepted the amendment; Councilmember McCowen recommended further that conditions of approval be included in the minutes so that if changes are made during the meeting, they can be reflected in the minutes with strikeout and bold underline, so that changes are clearly shown. Councilmember Crane modified the motion to include that aspect to apply to the Planning Commission and Zoning Administrator; Councilmember Baldwin accepted the second amendment. Public Comment Opened: 8:58:04 PM Public speaking to the item: Jim Mulheren Public Comment Closed. MIS Crane(Baldwin to approve the recommended action of keeping "Action Minutes", except for land use decisions such as zoning changes, use permits, and subdivision approvals, which are being considered by the Planning Commission or Zoning Permit Administrator; and that "conditions of approval" be included in the minutes so that changes made during a meeting can be clearly shown in the minutes, with, strikeout and bold underline. Motion carried by an all AYES voice vote. The City Council also made the determination to have future Planning Commission meetings televised. h. Urgency item: Letter of support for a Bili by Senator Pat Wiggins to make available 55.5 million dollars for NCRA 9:04:29 PM. The Bill, if passed, would allow the North Coast Rail Authority (NCRA) to use those funds to complete environmental cleanup and for other purposes, by freeing up what is currently set aside to repay a loan that has been forgiven. M/S McCowenlCrane to approve the recommended action. Motion carried by an all AYES voice vote. i. Status of Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emer enc This item was Consent Calendar item 7d. City Attorney Rapport stated the item would continue to be considered an emergency until the contract is pertormed. City Manager Horsley stated this report shculd be the last one, and invitations have been extended to the interested agencies to tour the plant. Recommended Action: The Council continue to declare by a 4/5 vote that the Lake Mendocino Hydroelectric Power Plant equipment refurbishment project is a continuing emergency and to support the refurbishment contract as performed by Source California Energy Services, Inc. until such time that the contract is complete and an emergency no longer exists. MIS Thomas/Crane to approve the recommended action. Motion carried by an all AYES voice vote. 12. COUNCIL REPORTS Councilmember Crane reported on the Sanitation District discussion of sewer lateral issues, and the operations contract between the District and the City. Councilmember Thomas reported on the Russian River Flood Control District meeting, and current Lake Mendocino water storage levels. He would like the City Council to agendize conservation measures. He also volunteered to attend Russian River Flood Control District meetings. Councilmember McCowen attended a Local Area Formation Commission (LAFCO) meeting, and the main issue was the first reading of their budget. He also attended a MCOG meeting and one topic was the Willits bypass, but no action was taken pending a meeting held today in Willits between Willits community members, the California Transportation Commission, and Caltrans. Councilmembert Baldwin seconded Councilmember Thomas' recommendation that the City have a presence at the Flood Control District and maybe it should become a liaison position, formally appointed. Mayor Rodin is excited by the Form Based Zoning effort. She recently spoke to the NORBAR realtors group about the planning processes that are taking place in the Valley; the UVAP and Form Based Zoning, and on the sewer lateral ordinance. 13. CITY MANAGER/CITY CLERK REPORTS City Manager Horsley received City Council Consensus for April 30 and May 4 for City Strategic Plan Workshop sessions. The Council also approved by consensus hosting a Reception for all of our Commissioners. Adjourned to Closed Session: 9:14:58 PM 14. CLOSED SESSION a. Conference with Real Property Negotiators (& 54956.8); Property: APN 001-020-09 Negotiator: Candace Horsley, City Manager Negotiating Parties: City of UkiahlCounty of Mendocino Under Negotiation: Price and terms b. Candace Reconvened: 10:53 PM. M/S Crane/McCowen to continue the closed session to April 9, 2007 at 2:45 PM. Motion carried by an all AYES voice vote. 15. further business, the meeting adjourned at 10:53 PM.