HomeMy WebLinkAboutMin 06-06-07CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
June 6, 2007
6:00 p.m.
ROLL CALL
The Ukiah City Council met at a Regular Meeting on June 6, 2007, the notice for which being
legally noticed on, June 1, 2007. Mayor Rodin called the meeting to order at 6:02:53 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, Personnel Director Harris, Planning and Building
Director Stump, Senior Planner Townsend, Project Engineer Kennedy, and Deputy City Clerk
Brown.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
None.
4. PETITIONS AND COMMUNICATIONS
None.
APROVAL OF MINUTES
a. Regular Meeting Minutes of 4/78107
M/S Baldwin/Thomas to approve the April 18, 2007 minutes, as submitted. Motion carried by the
following roll call vote: AYES: Councilmembers Thomas, McCowen, Baldwin, Crane, and Mayor
Rodin. NOES: None. ABSTAIN: None. ABSENT: None
b. Regular Meeting Minutes of 512/07
M/S Baldwin/Thomas to approve the May 2, 2007 minutes, as submitted. Motion carried by the
following roll call vote: AYES: Councilmembers Thomas, McCowen, Baldwin, Crane, and Mayor
Rodin. NOES: None. ABSTAIN: None. ABSENT: None
c. Regular Meeting Minutes of 3/21/07
M/S McCowen/Crane to approve the March 21, 2007, as submitted. Motion carried by the
following roll call vote: AYES: Councilmembers Thomas, McCowen, Baldwin, Crane, and Mayor
Rodin. NOES: None. ABSTAIN: None. ABSENT: None
6. RIGHT TO APPEAL DECISION
None.
7. CONSENT CALENDAR
City Staff requested the removal of Item 7f. Howard Egan requested removal of item 7i, to be
included with unfinished business item 10e. John Graff requested removal of items 7h and 7k.
MIS McCowen/Crane to approve of the Consent Calendar except for items 7f, h, i, and k.
City Council Minutes Page 1
June 6, 2007
a. Report Regarding Acquisition of Computers from Dell Marketing L.P. in the Amount of
$7,535.15.
b. Approval of Budget Amendment for Plan Check/Structural Engineering and Substitute
Building Inspection Services
c. Ukiah High School Modernization Project Pad Mount Transformer Change Order to
Accommodate Customer Switchgear Connections in the Amount of $1,150 Plus Tax
Funded by the School District
d. Award of Bid to Edge Wireless for High Speed Cellular Wireless Data Network Solutions
e. Review "Revised" City of Ukiah Statement of Investment Policy
f.
(pulled by staff request)
g. Authorize Purchase of 12AF Pump and 40 Horsepower Motor Assembly to Cascade Pump
Company for Total Cost of $17,000.00
h.
(pulled to new
business)
i.
. (pulled to unfinished
business to be included with item 10e)
j. Report Purchase of New Backup Tape Media for Financial and Utility Billing System
k (pulled to
new business)
Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen,
Baldwin, Crane, and Mayor Rodin. NOES: None. ABSTAIN: None. ABSENT: None
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
None.
PUBLIC HEARINGS (6:15 PM)
None.
10
a.
Councilmember Crane requested continuance of this item citing that he and staff have met and
came to general concurrence, but staff has asked for more time to write up the proposed changes
for the City Council to review.
By consensus the City Council continued the item pending adoption of the Sanitation District's
standard.
b.
Airport Park Boulevard 6:13:41 PM
Planning Director Stump presented the item noting there is a party interested in acquiring the
house and relocating it to N. Bush Street. RECOMMENDED ACTION: 1) Adopt the proposed
Mitigated Negative Declaration; and 2) Approve the Building Permit to demolish (relocate) the
historic farmhouse.
City Council Minutes Page 2
June 6, 2007
The current owner of the house has agreed to give it to a private citizen who will be responsible for
the moving and renovation costs.
Public Comment Opened: 6:24:47 PM
Public speaking to the item: John Graff
Public Comment Closed: 6:26 p.m.
M/S Baldwin/Thomas to approve the recommended action. Motion carried by the following roll
call vote: AYES: Councilmembers Thomas, McCowen, Baldwin, Crane, and Mayor Rodin. NOES:
None. ABSTAIN: None. ABSENT: None
c.
Mayor Rodin and Councilmember McCowen stepped down from the dais, and Vice Mayor
Crane presided.
Planning Director Stump and Senior Planner Townsend presented the item. RECOMMENDED
ACTION: 1) Receive Status Report; and 2) Review and provide direction regarding the review and
adoption process/schedule.
Staff advised based on the outcome of the public charrette, the consultants have prepared a
preliminary draft Form Based Code or "SmartCode" and Regulating Plan Map for the Downtown and
Perkins Street Corridor, in which staff and the consultants will continue to move forward on
customizing the process regarding the Form Based Zone project. There will be public discussions
with staff and the consultants to better educate everyone on the concepts prior to the formal
discretionary review process.
Public Comment Opened: 6:39:22 PM
Public speaking to the item: Lisa Mammina.
Public Comment Closed: 6:41:52 PM
The City Council received the report on Form Based Zoning. Mayor Rodin and Councilmember
McCowen returned to the dais.
e.
(The below item, 7i., was pulled from its place on the Consent Calendar to be discussed
with this item, 10e., because it was closely related.)
7i. Authorize the Citv Manager to Execute Amendment No. 1 to the Winzler 8 Kelly
Consultant Services Agreement to Assist Staff with Revision and Implementation of
6:42:59 PM City Attorney Rapport presented the item and stated that if City Council approves the
Resolution today, the suspension goes into effect immediately, and remains in effect until
November 1, 2007. RECOMMENDED ACTION: Adopt Resolution.
Public Comment Opened:
Public speaking to the item:
Public Comment Closed:
6:48:18 PM
Dick Selzer and Tom Morris.
7:01:31 PM
By Consensus the City Council reopened the public comment period.
City Council Minutes
June 6, 2007
Page 3
Public Comment Opened: 7:35:54 PM
Public speaking to the item: Dick Selzer and Linda Sanders.
Public Comment Closed: 7:44:18 PM
Based on discussion by the City Council, City Attorney Rapport offered some suggested language
changes to the Resolution as follows:
Paragraph 1 after the 'Does Resolve as Follows' to read: "1) Except for the inspection
requirements contained therein, enforcement of Ukiah City Code Sections 3799.1-3799.7 is
hereby suspended until November 1, 2007 ("the Suspension Period"). Then the third
paragraph to read: "During the Suspension Period a triggering event will require the
inspection, but not the repair of the sewer lateral serving the lot or parcel subject to that
event ... (and strike the rest.)
Council discussed and generally supported a partial suspension of the Sewer Lateral Inspection
and modification of the resolution (Suspending Enforcement of Sewer Lateral Inspection and
Repair Ordinance), pending possible development of an alternative approach. During the interim
period, sewer lateral inspections will still be required, but not the repairs. The inspections will
provide information to assist the City in determining which areas have the most serious problem.
Councilmember Baldwin did not favor the proposal, as he preferred the "point of sale" approach
which allows funding for the repairs with the house sale.
M/S McCowen/Crane to adopt the resolution as amended by the language of the City Attorney.
Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Crane,
and Mayor Rodin. NOES: Councilmember Baldwin. ABSTAIN: None. ABSENT: None.
M/S McCowen/Crane to authorize the City Manager to Execute Amendment No. 1 to the Winzler
& Kelly Consultant Services Agreement to Assist Staff with Revision and Implementation of the
Sewer Lateral Testing Ordinance for an Additional Amount Not To Exceed $10,000. Motion
carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Crane, and
Mayor Rodin. NOES: Councilmember Baldwin. ABSTAIN: None. ABSENT: None.
d.
Director of Community Services Sangiacomo presented the item. 7:52:48 PM
RECOMMENDED ACTION: Receive and consider Northwestern Pacific Railroad Company's
status report on the possible alternate location for the Ukiah Skate Park Development and provide
direction to staff.
John Wick, director of the Northwestern Pacific Railroad Company (NWP) was present to address
the Railroad's request to consider relocating the Skate Park to a parcel north of Perkins Street
along the rail track owned by the North Coast Railroad Authority (NCRA).
Additionally, the Railroad has further expressed an interest in partnering with the City to formulate
a `rails and trails' program.
Councilmember Baldwin supports that the NWP should bear the burden of the cost to relocate
the Skate Park.
The City Council has authorized the City Manager to negotiate a contract with Wormhoudt, Inc. to
prepare an alternate site study for the Skate Park, as well as provide design and management
services where staff is currently working with the consultant on land constraints/suitability issues,
title report, maps, cost feasibility, comparative assessment of the current and proposed alternative
City Council Minutes Page 4
June 6, 2007
site in terms of benefits, the environmental study that will be prepared for compliance with CEQA
requirements, setback issues, and other relative documents/issues.
The Council discussed the project area to include:
• The potential for the Railroad to be up and running at some point.
• MTA possibly utilizing the Depot area.
• Application of the Form Based Zone program and the possible effect on future development
and/or redevelopment plan opportunities.
• The feasibility for the proposed northern site as an alternative site.
• Timelines in conjunction with the City's work with a design firm at the current proposed site.
• Legal issues that involve a legal binding commitment for the NWP to fund all additional
costs associated with the possible development of the Skate Park at the. proposed alternate
site.
• CEQA review process/potential significant impacts/mitigation measures, consideration for
leasing another site, as well as related development issues.
Public Comment Opened: 8:07:43 PM
In addition to staff, the following public members addressed the above-referenced proposal to
consider an alternative location for the Ukiah Skate Park development:
Carole Aleshire, Judy Pruden, Lisa Mammina, Marueen Taglio, John Graff, Dina Polkinghorne, Ed
Keller, Susan Knopf, and Linda Sanders.
Public Comment Closed: 8:26:22 PM
Councilmember McCowen motioned to allow the site feasibility study to move forward for the
proposed alternate site with the understanding that NWP will pay the cost.
There was discussion about the City possibly not getting the best value for the money and the
importance of cost effectiveness regarding securing a specific site prior to going into the design
process. Council further discussed anticipated delay of the site specific design work process, site
preparation, and construction phase having to relocate to an alternate site. The City's intent was to
begin the site specific work before it rains. Council supports having affirm/designated timeframe.
Councilmember Thomas favored setting a time limit to support the above-referenced action.
City Manager Horsley commented the site selection is not a staff decision and is contingent upon
the report. It is estimated the study will take six weeks.
Director of Community Services Sangiacomo noted it is not prudent to begin the design phase
until the site is selected. It is likely the community would desire to meet concerning the design
aspect regardless of whether a site has been selected.
Councilmember Thomas inquired whether the vote to authorize the City Manager to negotiate
and execute a contract with Wormhoudt, Inc. will be rescinded and whether this can be done.
Attorney Rapport will review the matter.
Public Comment Opened:
An unidentified woman addressed the Council.
Public Comment Closed:
(Recess 5 min)
City Council Minutes Page 5
June 6, 2007
M/S McCowen/Crane to approve a proposal by the Northwestern Pacific Railroad company to
fund a comparative feasibility analysis of the currently identified Skate Park site located south of
Perkins Street and an alternative site North of Perkins Street. Motion carried by the following roll
call vote: AYES: Councilmembers Thomas, McCowen, Crane, and Mayor Rodin. NOES:
Councilmember Baldwin. ABSTAIN: None. ABSENT: None.
11. NEW BUSINESS
a. Discussion and Direction Reqardinq Tax Sharing Agreement with the County of
Mendocino
Councilmember McCowen introduced the item. RECOMMENDED ACTION: Discuss and provide
direction.
It was noted this item was initially considered by Council on November 15, 2006, at which time the
Council voted unanimously to accept in principle the proposed draft agreement and to proceed with
refining the agreement in order to achieve a tax sharing agreement with the County.
County Supervisor Wattenburger reaffirmed his support for moving forward and stated
Supervisor Delbar also participated in the earlier discussions and favors the County implementing
a Tax Sharing Agreement with the City.
Public Comments Opened: 8:27 p.m.
Jim Mulheren encouraged the City Council to move forward.
Public Comments Closed: 8:29 p.m.
The City Council discussed the tax sharing agreement previously developed by a committee of two
members of the Ukiah City Council and two members of the County Board of Supervisors. Council
previously agreed in principle to support the draft agreement and reaffirmed its support for using it
as a basis for further discussions with the County and to consider the tax sharing agreement and
related issues within the context of the Ukiah Valley Area Plan. The matter had been previously
considered by the Board of Supervisors last December at which time they directed County staff to
prepare a report on tax sharing agreements, which has not been forthcoming.
By consensus the City Council agreed to send a letter to the Board of Supervisors requesting that
the issue be revisited, and recommended two members of the Board of Supervisors be appointed
as a subcommittee for that purpose.
b. Review and Give Direction Reqardinq Local Conflict of Interest Code
City Attorney Rapport stated this item was without urgency and could be pulled and continued to
the next meeting.
By consensus the City Council continued this agenda item to the regular meeting of June 20,
2007.
c. Discuss and Respond to Counter-Proposal from Ukiah Vallev Sanitation District
Reqardinq Acquisition of Real Property from Richard and Donna Mattern
City Attorney Rapport presented the item. RECOMMENDED ACTION: Review and respond to
Ukiah Valley Sanitation District (UVSD) Counter Proposal.
On Aprif 4, 2007, the City Council approved a proposal to the Ukiah Valley Sanitation District Board
of Directors that the funds required to acquire the property from the Matterns for the wastewater
treatment plant be paid from the City/District Sewer Operations Fund 612, which would result in the
District and the City sharing the acquisition cost in proportion to the ESSUs in the City and District.
City Council Minutes Page 6
June 6, 2007
Council discussed the counter proposal as follows:
• Shared ownership agreements between public agencies go back more than 50 years.
• Sharing the acquisition cost would be a new approach having possible future implications
since the City owns the treatment plant.
Possible benefit to finding other funding sources for purchase of the property.
• Which agency holds title and the implications, thereof.
• Is the property considered part of the City treatment plant and what would happen if the
property were sold and whether this could result in a loss to the UVSD since the 612 Fund
is shared.
Council agreed that a joint meeting is necessary to address issues that could involve the role
between the two organizations, title and/or possible deed complications, legal fees and other
relevant costs correlated with the process of acquiring land/how payment will occur, City Budget
and effect, potential future cost to the City, how to treat land value/accrued equity in the event the
property or any portion of the property is sold and/or possible dissolution of the joint agreement,
joint decision-making processes, and other issues that pertain tojoint-ownership interest.
There was no public comment.
Councilmember McCowen recommended deferring action on the matter, pending a joint meeting
with the UVSD Board of Directors.
The City Council concurred.
d.
Director of Community Services Sangiacomo presented the item. Mr. Aiken was present.
RECOMMENDED ACTION: 1. Consider request for sponsorship for the Fourth of July Fireworks
Show and provide direction to staff. If approved, authorize budget amendment in the amount of
$3,500 from the General Fund Balance to Account Number 1000.1945.690.000, Community
Outreach/Public Information.
The Council discussed the budget change request and agreed that while it was an event enjoyed
by the Community, the City should not make it a policy of granting general fund money to local
community groups, as there may be businesses and individuals that would assist with sponsoring
the fire works display. Council thanked Mr. Aiken of the North State Racing Association for his
willingness to produce the fireworks show.
By consensus the Commission declined sponsorship for the Fourth of July Fireworks Show and
authorization of the corresponding Budget Amendment.
f. Award Bid to H & N Carpet in the Amount of $27,890 for the Installation of New
Director of Community Services Sangiacomo presented the item. RECOMMENDED ACTION:
Award bid to H 8 N Carpet in the amount of $21,890 for the installation of new carpet in the Ukiah
Valley Conference Center's Red Rooms; and approve a budget adjustment in the same amount
that will be offset by rental revenue.
City Council Minutes Page 7
June 6, 2007
M/S Baldwin/Thomas to approve the award of bid to H & N Carpet in the sum of $2'x,890 for the
installation of new carpet in the Red Rooms of the Ukiah Valley Conference Center and approve a
Budget Adjustment for this cost. Motion carried by the following roll call vote: AYES:
Councilmembers Thomas, McCowen, Baldwin, Crane, and Mayor Rodin. NOES: None.
ABSTAIN: None. ABSENT: None
7h.
RECOMMENDED ACTION: Authorize the City Manager to execute Amendment No. 2 to the
Brown and Caldwell Consultant Services Agreement for an additional amount not to exceed
$58,000.
The Council discussed the proposed amended scope of work for five other testing well sites with
regard to feasibility according to need, costs factors, water quality, environmental impacts,
logistics, and engineering feasibility.
By consensus the Council continued this item for further discussion to the next regular meeting.
7k. Reouest for Revision to Position Allocations and Proposed Re-Classifications
Director of Personnel Harris presented the item. RECOMMENDED ACTION: Council to approve
the proposed job descriptions and salary reclassifications in order to immediately begin recruitment
efforts for the GIS Coordinator, Public Safety IT Coordinator, Public Utilities Administrative Clerk,
and Executive Assistant/City Clerk vacancies, and the salary re-classification of the Wastewater
Treatment Plant Operator/Mechanic position.
Council directed staff to come back with the salary history of the Executive Assistant position for
further discussion and review.
M/S McCowen/Baldwin to approve the recommended action with the exception of the proposed
job description and salary reclassifications of the Executive Assistant/City Clerk position removed.
Motion carried by an all AYE voice vote.
12. COUNCIL REPORTS
Councilmember Crane reported the UVSD Board met today and there is also a meeting tomorrow
at 5:00 p.m.
Mayor Rodin attended the 'BALLE' conference in Berkeley with Mary Ann Landis and Kate
Magruder.
13. CITY MANAGERICITY CLERK REPORTS
City Manager Horsley asked Council to consider whether a special meeting is necessary since
July 4 is a holiday.
The recruiter for the City Manager position desires to meet Wednesday, June 27, 2007 to review
applicants.
14. CLOSED SESSION 11:23 PM
a. Labor Negotiations; Department Directors Bargaining Unit
(§ 54957.6) Negotiator: Candace Horsley, City Manager
b. Conference with Legal Counsel-Anticipated Litigation
Significant exposure to litigation pursuant to
subdivision (b)(3)(E) of Gov't Code Section 54956.9: One case.
City Council Minutes Page e
June 6, 2007
c. Conference with Real Property Negotiators (§ 54956.8);
Property: APN 156-240-02, 03, 06, 07, 08 (Ukiah);
Negotiator: Candace Horsley, City Manager;
Negotiating Parties: City of Ukiah & David Hull/Ric Piffero;
Reconvened in Open Session at 1:22 AM
Action taken:
14b.
M/S Baldwin/Thomas to authorize staff to settle outstanding claims by Source California for an
amount not to exceed $105,772 plus the non-warranty work invoice from subcontractor which is
approximately $26,052 on condition that Source California signs a general release prepared by the
City Attorney; Motion carried by the following roll call vote: Ayes: Baldwin, Thomas, and Rodin;
Noes: McCowen and Crane.
11 e.
By Consensus the City Council decided to wait to discuss this item until after Closed Session.
RECOMMENDED ACTION: Adopt resolution approving Memorandum of Understanding for the
Department Head Unit.
M/S Thomas/McCowen to approve the recommended resolution. Motion carried by the following
roll call vote: AYES: Councilmembers Thomas, McCowen, Baldwin, Crane, and Mayor Rodin.
NOES: None. ABSTAIN: None. ABSENT: None
15. ADJOURNMENT
There ~n no further business, the meeting adjourned at 1:25 a.m.
-_ --
Linda .Brown;~ut ity Clerk
~p7FLLi ~~~~~
Cath~wadly, Tr scriptionist
City Council Minutes Page 9
June 6, 2007