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Home My WebLink AboutMin 12-05-07CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 December 5, 2007 6:00 p.m. 5:15 PM Airport Commission Interviews -Conference Room #3 ROLL CALL6:03:10 PM The Ukiah City Council met on December 5, 2007, the notice for which being legally noticed on, November 30, 2007. Mayor Rodin called the meeting to order at 6:03 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, Planning and Building Director Stump, City Engineer/Public Works Director Eriksen, IT Supervisor Butler, Fire Department Battalion Chief Jennings, Police Chief Dewey, Community Services Supervisor Sangiacomo, City Clerk Brown, and Deputy City Clerk Currie. 2. PLEDGE OF ALLEGIANCE6:03:37 PM 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS6:03:57 PM Mayor Rodin introduced Ukiah Unified School District Superintendent Nash. Dr. Nash gave a brief summary of her career experience. 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES6:07:29 PM a. Special Minutes of 9/27/07 M/S Thomas/McCowen to approve as submitted. Motion carried by an all AYES voice vote of the members. present. 6. RIGHT TO APPEAL DECISION6:07:52 PM 7. CONSENT CALENDAR6:09:32 PM M/S McCowenlCrane to approve the Consent Calendar items 7a, 7b, 7d, 7f, 7g, 7i through 7p; a. Authorize Award of Repair Work of 1994 Altec Am 755 Lift Truck (Double Bucket) to Altec Industries in an Amount Not to Exceed $15,000.00 and Authorize Budget Amendment of Same b. Rejection of Claim for Damages Received from Dave Henry Edres, Sr. for Insufficiency c. CONTINUED d. Approval of Assignment of Contract for Professional Services for the Preparation of Downtown/Perkins Street Community Vision Program and Form Based (Smartcode) Zoning Regulations from Fisher & Hall Urban Design to Hall Alminana, Inc. e. C ..I' f T4~n (`nnnrnln ~nn4 n.J Tn'nln. (_n{n Vn. c C{r n{ r M {hn I nLc vv.~....' ... 'nn re MOVED to New Business f. Status of Posting Bids on the City's Website 12/5/07 City Council Meeting Page 1 of 6 g. Notification of Award of Contract to Geotechnical Consultant Services to Andress Issues Associated with a Leak in the Wastewater Treatment Plant's North Percolation Pond h. PULLED i. Award of Contract to North Bay Construction for 2002 STIP Arterial /Collector Rehabilitation, Specification No. 07-03 in the Amount of $418,270.35 j. Award of Contract to North Bay Construction for 2002 STIP Local Street Rehabilitation, Specification No. 07-04 in the Amount of $186,081.71 k. Report to the City Council Regarding Purchase of a Dance Floor for the Ukiah Valley Conference Center from American Portable Dance Floors in the Amount of $5,362.02 I. Report to the City Council Regarding Acquisition of Services from Spencer Brewer for the Management/Production of the 2008 Sundays in the Park Concert Series in the Amount of $8,000 m. Report to the City Council Regarding the Purchase of Services From Rouse Masonry in the Amount of $6,592 for Rock Wall Repairs at Todd Grove Park n. Report to the City Council Regarding the Purchase of an Electronic Scoreboard for the Ukiah Sports Complex from Aussport Scoreboards US, Inc in the Amount of $5,331.11 o. Adoption of Resolution Authorizing the Submittal of an Application and Acceptance of an Allocation of Funds From the California Department of Water Resources, for a Local Groundwater Assistance Grant for a Groundwater Quality Monitoring Project; Authorize the City Manager to Sign Grant Documents p. Adoption of Resolution in Support of the Ukiah Northwestern Pacific Rail Trail Phase 1 and Commitment to Provide Local Matching Funds Motion carried by an all AYES voice vote of the members present. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS6:14:56 PM Jimmy Rickel discussed the 2007 Trucker's Light Parade and the Sensible Medical Marijuana initiative. Ukiah Fire Department Battalion Chief Jennings extended an invitation to a traditional badge pinning ceremony to be held on December 6, 2007, at the Fire Department. Blocka Construction Forman David Senft thanked the Ukiah Police Department for their professionalism in the recent thefts occurring at the Wastewater Treatment Plant construction site and named the following officers: Glenn Stark, Chris Long, David McQueary, Andrew Porter, Jeff Andrade, and Fred Keplinger. Richard Johnson spoke against the Sensible Medical Marijuana initiative. 9. PUBLIC HEARINGS 16:75 PMl 10. UNFINISHED BUSINESS a. Introduction of an Ordinance Amending Ukiah City Code by Adding Article 70, Entitled: Marijuana Cultivation Enforcement, to Division 7, Chapter 1 and Amending Section 9254, Entitled: "Marijuana Cultivation"6:23:13 PM City Attorney Rapport presented the item which included a revised version of the Ordinance which proposed a change intending to clarify Section 2c which reads, "growing the amount of marijuana per qualified patient authorized by Health and Safety Code Section 11362.77(a)-(b) and (d)-(f), not to exceed the per Parcel limit in Section 2.B above". Recommended Action: Pass a motion to introduce the ordinance by title only followed by a motion to introduce the ordinance. 12/5/07 Ciry Council Meeting Page 2 of 6 Public Comment Opened6:36:24 PM , Public speaking to the item: Tom Davenport, Chris Foosa, Richard Johnson, Larry Puterbaugh, Dane Wilkins, and Lisa Mammina. Public Comment Closed M/S McCowen/Baldwin to introduce the Ordinance by Title Only including the amendment as distributed by City Attorney Rapport. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None. M/S McCowen/Baldwin to introduce the Ordinance. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None. The Deputy City Clerk read the Ordinance Title. b. Airport Commission Appointments7:04:39 PM Mayor Rodin presented the item. Recommended Action: 1) Interview Applicants, 2) Appoint one Commissioner to the open "Mendocino County" seat, 3) Adopt the Resolution M/S Crane/Thomas to nominate Donovan C. Albright to the Airport Commission and adopt the Resolution appointing Donovan C. Albright to the Airport Commission. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: Mayor Rodin. c. Request for Authorization for the Installation of Video Cameras at the Corporation Yard and Purchase of a Recording Device from AT&T at a Cost of $32,288.38 Plus Shipping and Sales Tax and Authorize Budget Amendment for Same 7:06:40 PM IT Supervisor Butler, Ukiah Police Chief Dewey, Community Services Supervisor Sangiacomo, and City Manager Horsley presented the item. Recommended Action: Authorize the installation of video cameras at the corporation yard and purchase of the recording device for city wide use at $32,286.38 plus shipping and sales tax and authorize budget amendment for same. M/S Baldwin/Thomas authorizing a budget amendment for installation of video cameras at the corporation yard and the purchase of a recording device from AT&T; any purchase of additional equipment associated with this program will be brought back to the City Council for approval. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Baldwin, and Mayor Rodin. NOES: Councilmembers Crane and McCowen. ABSENT: None. ABSTAIN: None. d. Dispatch Communications Center Update7:41:33 PM Ukiah Police Chief Dewey presented the item. Recommended Action: Receive report on current status of the Dispatch Center. By Consensus City Council received report and supported the addition of a Dispatch Supervisor position. e. Receive Status Report Concerning Code Compliance Activities7:46:35 PM 12/5/07 City Council Meeting Page 3 of 6 Planning Director Stump presented the item. Recommended Action: Receive report. By Consensus City Council received report. 11. NEW BUSINESS a. Consideration of the Measure X Transient Occupancy Tax Performance Agreement with The Greater Ukiah Chamber of Commerce; Authorization for the City Manager to Negotiate and Execute the Agreement; Approval of a Corresponding Budget Amendment in the Amount of 75°l0 of the Additional Revenue Generated and Subsequently Collected for the 2007 Calendar Year from the 2% TOT Measure X Increase; and Consideration of Representation on the TOT Task Force7:50:17 PM Community Services Director Sangiacomo and Greater Ukiah Chamber of Commerce CEO Bert Mosier presented the item. Recommended Action: (1) Review and consider the TOT Measure X work plan and performance agreement with the Greater Ukiah Chamber of Commerce (2) Authorize the Executive Director to negotiate and execute the Agreement (3) Approve a corresponding budget amendment in the amount of 75% of the additional revenue generated and subsequently co{lected for the 2007 calendar year from the 2% Measure X TOT increase (4) If approved, provide direction for representation on the TOT Task Force. MIS McCowen/Thomas to approve the recommended action one through four and authorize the City Manager to appoint the Museum Director and the Economic Development Manager or others to the TOT Task Force. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, and Mayor Rodin. NOES: Councilmember Baldwin. ABSENT: None. ABSTAIN: None. Recessed 8:20:07 PM Reconvened 8:35:55 PM Discussion and Possible Action Regarding Request from Mendocino Solid Waste Management Authority to Consider Initiatives on Plastic Carryout Bags8:35:55 PM Councilmember Crane and General Manager of Mendocino Solid Waste Management Authority, Mike Sweeney, presented the item. Recommended Action: Discuss and provide direction to MSWMA representative Crane. Public Comment Opened 8:48:52 PM Public Speaking to the item: Dotty Coplen and Chuck Williams Public Comment Closed M/S McCowen/Baldwin to approve in concept development of a model ordinance by the Mendocino Solid Waste Management Authority that would include a prohibition on plastic bags and a cost recovery provision for paper bags. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None. c. Discussion and Possible Action Approving City's Participation as Sponsor of the Fourth Citizen U Forum and Possible Hosting of Event at the City's Conference Center8:51:24 PM City Manger Horsley and Mary Anne Landis, Citizen U, presented the item. Recommended Action: Discussion and possible action approving City's participation 12/5/07 City Council Meeting Pagc 4 of 6 as sponsor of the fourth Citizen U forum and possible hosting of event at the City's Conference Center. d. M/S McCowen/Crane to approve the City's sponsorship of the venue up to a limit of $1200. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None. Discussion of the Use of Tasers and Taser Policy for the Ukiah Police Department Ukiah Police Chief Dewey presented the item. Recommended Action: Authorize the Department to begin the bid and procurement process to purchase Tasers. 9:03:25 PM Public Comment Opened 9:17:48 PM Public speaking to the item: Chuck Williams Public Comment Closed By Consensus the City Council directed Police Chief Dewey to contact the community through workshops, meetings, media, attending community meetings, etc., to educate the community and obtain feedback while preparing the bid specs. The language in the Notice to Bidders is to be reviewed by the City Attorney. M/S McCowen/Baldwin to approve the recommended action to begin the bid and procurement process to purchase Tasers. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. NOES: Councilmember. ABSENT: None. ABSTAIN: None. Authorization of the Purchase of an Uninterruptable Power Supply (UPS) from AT&T Datacomm in an Amount Not to Exceed $85,000.00; Approval to Redirect $63,300 from Account 699.1965.800.000 Originally Budgeted for the Storage Area Network to the UPS System; Approve Budget Amendment of the $21,700.00 for Account 678.2040.800.000 from the Dispatch Fund Balance9:38:23 PM IT Supervisor Butler presented the item. Recommended Action: (1) Authorize the purchase of an Uninterruptable Power Supply (UPS) and Cooling System from AT&T Datacomm in an amount not to exceed $ 85,000.00 (2) Approve the use of $63,300 from account 699.1965.800.000, originally budgeted for the storage area network to the UPS system, (3) Approve a budget amendment of $21,700.00 for account 678.2040.800.000 from the Dispatch Fund Balance. M/S Baldwin/McCowen to approve the recommended action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mavor Rodin. NOES: Councilmember. ABSENT: None. ABSTAIN: None. Discussion and Direction Concerning the Development of a Specific Plan for a Portion of the Downtown.9:43:29 PM Planning Director Stump presented the item. Recommended Action: Discuss the concept of preparing a Specific Plan for a portion of the Downtown and consider establishing a Subcommittee to explore the concept further and report back to the City Council By Consensus the City Council recommended two Planning Commissioners and three City Councilmembers meet to establish a Subcommittee that would be created to 12/5/07 City Council Meeting Page 5 of 6 discuss the concept of preparing a specific plan for a portion of the downtown. g. Discussion and Determination of Mayor and Vice Mayor for Calendar Year 2008 9:58:06 PM Recommended Action: Discuss and determine the appointment of Vice Mayor. M/S McCowen/Thomas to nominate Councilmember Crane for Mayor in 2008. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen, Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None. M/S Thomas/Crane to nominate Councilmember Baldwin for Vice Mayor in 2008. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane,. McCowen, Baldwin, and Mayor Rodin. NOES: None. ABSENT: None. ABSTAIN: None. 7. e. Award of Contract to Ferranti Construction in the Lump Sum Price of $28,384 for the Sealing of The Concrete Roof and Tainter Gate Housing Structure at the Lake Mendocino Hydroelectric Power Plant along with a Minor Sink-Hole Repair; Authorize Budget Amendment in the Amount of $3,364.00 Necessary to Complete the Project 10:02:17 PM M/S McCowen/Crane to reject all bids due to the bidders' non-responsiveness. Motion carried by an all AYES voice vote of the members present. 12. COUNCIL REPORTS10:09:52 PM None. 13. CITY MANAGERlCITY CLERK REPORTS 10:10:04 PM City Manager Horsley: presented Council with a copy of the Santa Barbara Redevelopment Update which features their State Street; reported on the community news letter which will be inserted into utility invoices; and gave an update on the Council Chamber cameras. Recessed to Closed Session10:13:04 PM 14. CLOSED SESSION -Closed Session may be held at any time during or before the meeting a. _Conference with Real Property Negotiators (§ 54956.8); Property: APN 156-240-02, 03, O6, 07, 08 (Ukiah); Negotiator: Candace Horsley, City Manager; Negotiating Parties: City of Ukiah & David Hull/Ric Piffero; b. Public Employment (§ 54957) Title: City Manager Reconvened at 10:53 pm No action was taken. 15. ADJOURNMENT There being no further business, the meeting adjourned at 10:53 pm. lI~.~D ~//, _co . :, , .foAnne M. Currie, Deputy City Clerk 'i J 12/5/07 City Cou~ci] Meeting Page 6 of 6