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HomeMy WebLinkAboutMin 06-20-07CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 20, 2007 6:00 p.m. 4:45- 5:45 PM Special Redevelopment Meeting 6:00 PM 1. ROLL CALL The Ukiah City Council met at a Regular Meeting on June 20, 2007, the notice for which being legally noticed on, June 15, 2007. Mayor Rodin called the meeting to order at 6:01:40 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, Planning and Building Director Stump, Economic Development Coordinator Ballek, Personnel Officer Harris, Electrical Distribution Engineer Kirkley, Water-Utilities Project Engineer Burck and Deputy City Clerk Brown. PLEDGE OF ALLEGIANCE The pledge of allegiance was recited. Urgency item: City Attorney Rapport brought to the City Council's attention the need to vote to add an urgency item to the agenda, as it requires action before the next City Council meeting. It is for an Ordinance to provide a Program for Eminent Domain by the Ukiah Redevelopment Agency to comply with SB53 which the City is required to adopt. He recommended adding the item tonight, and the Council needs to meet again to adopt the ordinance. MIS McCowen/Thomas to add this item as an urgency item under New Business, as item 11g. Motion carried by an all AYE voice vote. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS None. 4. PETITIONS AND COMMUNICATIONS None. 5. APPROVAL OF MINUTES None. 6. RIGHT TO APPEAL DECISION None. 7. CONSENT CALENDAR Richard Johnson, acting chair of the Green Party of Mendocino County requested that final approval of a ban on marijuana dispensaries within the City limits (item 7b) be pulled from the consent calendar. It will be considered as New Business item 11h. Staff pulled item 7e for consideration at the next regular meeting. a. Report of Disbursements for the Month of May 2007 Minutes of the Ukiah City Council 1 June 20, 2007 b. c. Request for Reappointment of Councilmember Thomas to the MTA Board of Directors d. Reject All Bids Received for Biosolids Hauling Services e. f. Award of Bid for Purchase of 40 Dry Tons of 30% Sodium Hydroxide to Pioneer Americas at the Unit Price of $475 Per Dry Ton for an Approximate Total Amount of $18,596 Plus Tax g. Resolution of the City Council of the City of Ukiah Authorizing Continued Municipal Operations Pending Adoption of the Fiscal Year 2007-2008 Budget M/S McCowen/Thomas to approve the consent calendar, removing items 7b and 7e. Motion carried by an all AYES voice vote. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Cliff Paulin commented information from Katy Mastin of the California Fair Trade Coalition was sent to Council and he requests the matter of `Fast Track' legislation be placed as an agenda item for discussion. Briefly, Fast Track legislation represents the process in which all international trade agreements are negotiated where the Executive branch of government has sole authority. The authority to continue the process is up for reauthorization at the end of the month. He cited Measure H and local land use decisions as examples of how local governmental bodies can be affected and local opposition has been voiced in this regard. Cliff Paulin further commented on a campaign occurring in the Bay Area called Bay Area Plug-In that supports the use of hybrid vehicles that can operate on all electric power for up to 25 miles thereby eliminating the consumption of fossil fuel. He supports the willingness of municipalities to purchase hybrid vehicles for their fleet and recommends agendizing this matter for discussion/ possible action. 9. PUBLIC HEARINGS (6:15 PM) None. 10. UNFINISHED BUSINESS a. Water/Utilities Project Engineer Burck presented the item. 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 $10,000. 6:18:33 PM Public Comment Opened: Speaking to the item: Lee Howard 6:25:24 PM Public Comment Closed. Council/staff discussion of proposed test drilling: The cost of the two test wells was not included in the original contract with Brown and Caldwell whereby the actual drilling of the wells has been budgeted for at a cost of approximately $30,000 per well. While core drilling to a depth of 200 ft. confirming the presence of water costs between $4,000 and $6,000, this may be the most cost effective approach as more sites could be explored and more information gathered in order to decide where the well should be located. Minutes of the Ukiah City Council June 20, 2007 • Even though core drilling is an option, the cost of core drilling on top of the expense of the test well would be added. Studies of various sites were conducted to determine the locations having the highest and most probable presence of water. • The proposed well sites were evaluated and eliminated as possibilities except for the two sites that look more promising. • There should be some guarantee that water is present in the quantity desired with the added expense being requested. • The most feasible approach may be to complete core drilling at a cost of between $4,000 and $6,000 to determine whether a site may be appropriate for a test well for the presence of water rather than spending $30,000 to test bore per site to determine the site is inappropriate as a water source. Core drilling can provide information that a site may be feasible for a test well, but not to the extent of determining the quantity of water needed. • While a test bore can be drilled, it would not provide sufficient information to effectively design a well because a test well would still have to be drilled. • The drilling process essentially involves the cost of a test bore to provide a physical sample of the soil in which a soils expert will study the information, including the cost to pay an onsite geological expert to oversee the drilling, and it may be worthwhile to look more closely at these costs. • The purpose of a test bore is to determine the presence of water at a particular location. • The test well provides the most accurate information on the soil types present, thickness of strata, quality of water and once the water is pumped after the drilling is completed the necessary information can be categorically logged by an expert. • The intent of the project is to minimize expenses as much as possible and to build on the information that has already been paid to the consultants, which was the initial well siting study whereby all sites have been eliminated except for two sites. • If drilling for a test well is not an option in terms of minimizing costs, a test bore can be done to at least determine the presence of water. Core drilling and soil sampling would be costly with no guarantee that water is present. M/S Baldwin/Thomas to authorize the City Manager to execute amendment no. 2 not to exceed $10,000 and with the additional expectation that the City complete a test bore at each of the proposed sites in advance of a test well. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. b. City Attorney Rapport presented the item. RECOMMENDED ACTION: Approve Agreement in Attachment 1 and authorize its submission to the Ukiah Valley Sanitation District as the City's response to the District's counter-proposal. City Attorney Rapport commented on the project: • The City has purchased 14 acres of land from Richard and Donna Mattern immediately north of the existing Waste Water Treatment Plant property (WWTP). • The City had anticipated the purchase of the property in the future for improvements to the existing WWTP that are planned in the next ten year timeframe. • The City has requested the UVSD, which shares the use of the treatment plant with the City, pay a proportional share of the cost of acquiring the property. • The UVSD has proposed terms for acquiring that property under which they are willing to do this. Minutes of the Ukiah City Council June 20, 2007 City Attorney Rapport also commented on the potential for the agreement to terminate at some point and proposed measures for determining associated improvement costs and land value: OPTION 1 Add a provision which states that if the agreement terminates for any reason, the City can acquire the UVSD's interest in the property by valuing any improvements that are constructed on the property, separate from the value of the land and the City would pay for these two elements separately. In order to monetarily assess improvement costs, the parties can determine the construction costs based on the proportion of service units in the City and District at the time the improvements were constructed. There would be a 'useful life' assigned to improvements and depreciated over the useful life. • If the agreement terminated at some point in time, the City would pay the depreciated value of the UVSD's proportional share of that amount based on the amount contributed at the time of construction. • To determine land value as a separate issue, subtract the one-half of the mediation and closing costs from the purchase price of $550,000. The interest would be determined on the balance over the time period since the property was acquired based on the average rate of return on City's invested funds wherein the City would pay one-half of the amount, which would be the value of the land. OPTION 2 • Determine the fair market value of the unimproved land at the time the participation agreement was terminated by implementing a mechanism for agreeing on the land appraisal process. M/S Baldwin/Thomas to approve the recommended action Councilmember McCowen recommended deferring action on this item pending further discussion with the UVSD in a joint meeting, including discussion about how two jurisdictions can effectively operate one waterlsewer treatment plant. 7:00:07 PM Councilmember Baldwin withdrew his motion regarding approval of the agreement/counter proposal relevant to improvements to the water/sewer plant. Councilmember Thomas concurred By Consensus Council continued the matter and corresponding issues raised to the June 25 joint budget meeting with the Ukiah Valley Sanitation District Board. c. City Attorney Rapport presented the item. The intent of the discussion is for City Council to consider authorizing staff to proceed with a petition to renew its water rights permit and change its place of use and points of diversion. The matter of identifying the boundaries relative to place of use has not been resolved. RECOMMENDED ACTION: Instruct staff on preferred policy options listed. 7:34:24 PM Public Comment Opened Speaking to the item: Barbara Spazek, Mary Ann Miller, and Lee Howard. 7:43:20 PM Public Comment Closed Minutes of the Ukiah City Council June 20, 2007 Staff confirmed the City and the water districts could account for water exchanged through the emergency interties by naming each others points of diversion, such as wells, in their respective permits. It was noted Millview County Water District has scaled back its proposed place of use to not only include its existing place of use, plus the land formerly owned by the Masonite Corporation and occupied by the Masonite plant, also known as "west Masonite." After a lengthy discussion, Council generally agreed to: • Limit its proposed place of use to its existing place of use within the proposed 1995 Sphere of Influence. • Use the proposed 1995 Sphere of Influence, which is an area originally proposed by staff for boundary purposes. Renew the City's water rights permit. • Craft language restricting the transfer of water to specified plus any additional area contained area considerably smaller than the emergency situations. Councilmember Baldwin does not favor moving forward based on his concerns that this is the first step in making City water available to encourage major growth and development. M/S McCowen/Crane to authorize staff to move forward with the decision regarding the petition to change place of use under City's appropriate water rights permit and proceed with arrangements for expanding the place of diversion and incorporate what is described on the map as the City's Sphere of Influence and incorporate within that the proposed place of use and include emergency language regarding the emergency intertie problem. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Crane, McCowen and Mayor Rodin; NOES: Councilmember Baldwin; ABSENT: None; ABSTAIN: None. d. Plannii RECOMMENDED ACTION: Discuss and possibly provide input to the County regarding the Ukiah Valley Area Plan land use scenarios/alternatives and proposed development areas. Public Comment Opened: 9:03 PM Dotty Coplen and Mary Anne Miller spoke to the item. Public Comment Closed: 9:17 PM The Council designated Mayor Rodin and Councilmember McCowen as asub-committee to prepare a draft letter to the County Board of Supervisors regarding the UVAP process. The letter will be considered by Council at a special Council meeting to be held next Monday. Council generally agreed that consideration of a tax sharing agreement, an updated City of Ukiah Sphere of Influence, and other related issues should all be considered as integral parts of the UVAP process. It was noted the County Board of Supervisors is scheduled to consider the UVAP discussion area alternatives next Tuesday. e. Receive Status Report Concerning Sign Ordinance Enforcement Activities Planning Director Stump presented the item and advised that Code Compliance Officer White is willing to meet with Council in the future. The recent change providing for issuing an infraction, similar to a traffic ticket for violations of the Sign Ordinance is proving to be effective in gaining compliance without the need to issue a citation. Minutes of the Ukiah City Council June 20, 2007 RECOMMENDED ACTION: Receive report and provide direction. 9:28:49 PM It was noted Council has previously designated Councilmembers Crane and Thomas as a subcommittee to continue to monitor sign enforcement activity relevant to nuisance issues/ non-compliance of the Sign Ordinance. By consensus Council agreed that a quarterly report from staff would be sufficient and the subcommittee will continue to monitor sign enforcement activity and bring issues for non- compliance to staff's attention and further discussion by Council. 11 M/S Crane/Baldwin to approve the recommended action. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. b. Grant Authorization of Ukiah's Electric Transmission Congestion Revenue Rights Acguisitions to NCPA Electrical Distribution Engineer Kirkley presented the item. RECOMMENDED ACTION: City Council adopt a resolution (see Attachment 1) that will authorize NCPA to act on its behalf with regard to Congestion Revenue Rights ("CRR") matters, including, but not limited to, authorizing and directing NCPA to participate in the CRR nomination process on behalf of Ukiah, to accept financial responsibility on behalf of Ukiah and other Members of the NCPA Pool under the Pro Forma MSS Aggregator CRR Entity Agent Agreement, to perform settlement functions, and to comply with other CAISO Tariff requirements. Staff further recommends that the CAISO Letter Representing Agency Relationship Between Load Serving Entity and Designated AgentlTrustee ("Letter of Agency") (see Attachment 2), specifying that NCPA is acting on behalf of Ukiah as its agent for all CRR functions specified in the Pro Forma MSS Aggregator CRR Entity Agent Agreement, be approved and that the City Manager be authorized to execute it on behalf of Ukiah. M/S McCowen/Crane to approve the recommended action. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. c. Economic Development Coordinator Ballek presented the item. RECOMMENDED ACTION: Approve Joint Agreement with County. Council supports approval of a joint agreement with Mendocino County specifying the future ownership and maintenance of the proposed Orchard Street Bridge over Orr Creek. Minutes of the Ukiah City Council June 20, 2007 Swimming Poot. Community Services Director Sangiacomo presented the item. RECOMMENDED ACTION: Authorize the City Manager to execute a memorandum of understanding with the Ukiah Dolphin Parent Auxiliary. 9:39:57 PM M/S Crane/McCowen to approve the recommended action. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. d. Request for Approval of Executive AssistantlCity Clerk Position Re-Classification Personnel Officer Harris presented the item. RECOMMENDED ACTION: Council to approve the proposed job description and salary re- classification in order to begin recruitment efforts for the Executive AssistanUCity Clerk vacancy. M/S Thomas/Mayor Rodin to approve the recommended action. Motion failed by the following roll call vote: AYES: Councilmembers Thomas, Mayor Rodin; NOES: Councilmembers Crane, McCowen, Baldwin City Attorney Rapport stated that Council could take action on a revised job description separate from the compensation issue. M/S Crane/Baldwin to approve reclassification of the Executive Assistant/City Clerk position and the salary will remain the same as it is presently. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Baldwin, Thomas; NOES: Mayor Rodin; ABSENT: None; ABSTAIN: None. e. City Attorney Rapport presented the item. Briefly, the City is required by the conflict of interest provisions of the Fair Political Practices Act to adopt a local conflict of interest code where a portion of the appendix of this document regarding consultants has not been implemented. RECOMMENDED ACTION: Review and provide direction to staff. Public Comment Opened: 10:28:14 PM Public speaking to the item: Lee Howard Public Comment Closed: 10:31 PM M/S McCowen/Crane to approve procedures for implementing the City's Conflict of Interest Code. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. h. This was item 7b, which was pulled from the consent calendar by pubic request. RECOMMENDED ACTION: Approve a motion to adopt the ordinance prohibiting medical marijuana dispensaries in the City of Ukiah. 10:46:07 PM Public Comment Opened: Public speaking to the item: Mark Labelle 10:49 PM Public Comment Closed: Councilmember McCowen commented this is an Ordinance designed to protect the health and safety of the great majority of the citizens of the City of Ukiah and not intended to be a statement against Proposition 215 or the use of medical marijuana for medicinal purposes. Minutes of the Ukiah City Council June 20, 2007 M/S McCowen/Baldwin to approve the recommended action. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. f. Discussion of a Downtown Strategy Workshoa City Manager Horsley asked if Council would be amenable to staff coming back with information as to whom they desire and the necessary methods/format for facilitating a workshop. The consultants instrumental with conducting the charrettes concerning the Form Based Zoning/SmartCode project for the Downtown and Perkins Street corridor did a very good job. She recommended the strategy workshop be conducted by an individual/firm that specializes in downtown-related issues as to what elements are important for growth, with prioritizing projects, maintaining effective maintenance, and with revitalizing of the Downtown areas. RECOMMENDED ACTION: Discuss and provide direction. Councilmember Baldwin does not favor paying a consultant to facilitate the strategy workshop. Community Services Director Sangiacomo commented PFM, a financial agency that has assisted the City with bonding issues, emphasized that if the City is contemplating 'bonding' for Redevelopment Agency projects that it is very important to have consultant with the appropriate background available to assist. The intent of a consultant would be to direcUhelp shape and provide information for revitalizing the Downtown rather than function as a workshop facilitator. It was noted that individuals specializing in finance and bonding for redevelopment project purposes would be beneficial to have at the workshop after the strategy components have been addressed. A consultant would likely function as a service expert and provide tools/guidelines/information to assist with the strategizing and corresponding decision making processes once the key projects have been indentified and prioritized. M/S McCowen/Thomas to approve the recommended action concerning Downtown revitalization and for Councilmembers and staff to meet in July or early August to further discuss the most effective approach with regard to potentially hiring a consultant or not to assist with Downtown revitalization workshops. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. 9• 33342.71. RECOMMENDED ACTION: Adoption of a motion to introduce the ordinance by title only and a motion to introduce the ordinance. Adopt the ordinance at an adjourned regular meeting to be held in the four day period between June 26 and June 29. City Attorney Rapport presented the item. The intent is to adopt the ordinance that allows the City to exercise the use and power of eminent domain as provided for in SB 53 to remedy blighted conditions and/or for other specific purposes within certain areas of the redevelopment area of the community and amends the existing plan. The authority of the ordinance does not allow exercising the power of eminent domain to acquire residential property. Government regulation and protocol requires the ordinance be introduced tonight whereby Council must meet again after June 25 and before July 1 at a regular meeting in order to adopt the ordinance. Minutes of the Ukiah City Council g June 20, 2007 M/S Baldwin/Thomas introduced the ordinance by title only. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None; ABSTAIN: None. Deputy City Clerk Brown read the Ordinance Providing a Program for the Exercise of Eminent Domain by the Redevelopment Agency by title. M/S Baldwin/Thomas introduced the ordinance. Motion carried by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, Baldwin, and Mayor Rodin; NOES: None; ABSENT: None: ABSTAIN: None. The item was continued to an adjourned meeting on June 27, 2007 at 1:00 p.m. 12. COUNCIL REPORTS Councilmember Baldwin commented the Inland Water and Power Commission (IWPC) met with PG&E regarding the proposed frost protection diversion project in Potter Valley where it was determined that if the FERC ruling was ever challenged, the project would likely be too costly. The IWPC would only get involved in the event there is an agreement among the stakeholders. The Potter Valley Irrigation District will be working toward making permanent the temporary frost protection diversion that may allow for more water to flow. It is unlikely at this point that an amendment to the existing program will evolve. Councilmbember McCowen inquired whether the problems with the recording system have been resolved for recording/televising of Council meetings. 13. CITY MANAGER/CITY CLERK REPORTS City Manager Horsley gave the Council a copy of the budget for the Ukiah Valley Sanitation District for the upcoming meeting scheduled for June 25. 11:22:22 PM Recessed to Closed Session 14. CLOSED SESSION a. Labor Negotiations: Police and Management Bargaining Units (§ 54957.6) Negotiator: Candace Horsley, City Manager b. Conference with Real Propertv 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 at 12:30 .AM. No action was taken. 15. ADJOURNMENT There being no further business, the meeting adjourned at June 27 ~ g at 1:00 PM Linda C. Brown, eput ity Clerk Cathy lawadly, Tra criptionist 12:30 a.m. to the regular adjourned Minutes of the Ukiah City Council June 20, 2007