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HomeMy WebLinkAboutMin 08-05-98MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, August 5, 1998 The Ukiah City Council met at a Regular Meeting on August 5, 1998, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. Absent: Councilmember Kelly and Mayor Malone. Staff present: Finance Director Elton, City Manager Horsley, Public Works Director/City Engineer Kennedy, City Attorney Rapport, Fire Chief Sandelin, Planning Director Sawyer, Senior Planner Stump, City Clerk Ulvila, and Police Chief Williams. 1. PLEDGE OF ALLEGIANCE Councilmember Ashiku led the Pledge of Allegiance. 3. APPROVAL/CORRECTION OF MINUTE~; a. Regular Meeting of July 15, 1998 MIS Chavez/Ashiku to approve the minutes of the Regular Meeting of July 15, 1998 as submitted, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Kelly and Mayor Malone. 4. RIGHT TO APPEAL DECISION Vice-Mayor Mastin reviewed the appeal process. e. f, ho 5. CONSENT CALENDAR MIS Ashiku/Chavez to approve items a-q of the Consent Calendar as follows: a. Authorized Expenditure for Primary Sludge Process Modifications to KBL Not To Exceed $10, 841.30; b. Awarded Bid for Sodium Hydroxide Products to Sierra Chemical Company in the Amount of $285.42 Per Dry Ton; c. Awarded Maintenance Service Agreement to Matt's Custom Tree Care for Public Works Tree Pruning; d. Approved Sole Source Procurement and Awarded Consultant Service Agreement to EBA Wastechnologies for the Implementation of the Work Plan for Soil and Groundwater Investigation of the City Corporation Yard at a Compensation Not Exceeding $12,500; Adopted Ordinance No. 1009, Amending Division 9, Chapter 2, Article 15 of the Ukiah Municipal Code; Awarded Bid for Tractor/Loader to Lampson Tractor in the Amount of $16,409.25; Adopted Resolution No. 99-3 Establishing a Four-Way Stop at the Intersection of Commerce Drive and Airport Park Boulevard; Adopted Resolution No. 99-4 Establishing a No Parking Zone/Bus Loading Zone On The West Side Of The 200 Block of South Orchard Avenue Just South of Stella Drive; Awarded Acquisition of Dump Body for Street Department to Double 'D' Truck Center in the Amount of $9,857.35; Approved Budget Amendments for Various Funds; Awarded Acquisition of Four Wheel Drive Pick-Up Truck For Solid Waste Department To Biddulph Isuzu in the Amount of $16,618.39; Awarded Acquisition of Thermoplastic Applicator for Street Department to Stimsonite Corporation in the Amount of $10,540; Awarded Bid for Hurst Brand Rescue Equipment to L.N. Curtis & Sons in the Amount of $16,070.34; Approved the Acquisition of Thermoplastic Material from Interstate Sales in the Amount of $5,040.75; Approved the Acquisition of Griffolyn Tarps From Reed & Graham, Inc. in the Amount of $8,038.39; j. m. n. oo Regular Meeting - August 5, 1998 Page 1 po qo Awarded the Acquisition of a Manual Feed Engineering Plain Paper Copier for Engineering Department from Ellis Art & Engineering Supplies in the Amount of $7,423.40; Awarded Bid for Three Police Vehicles to Downtown Ford in the Amount of $76,701.99 and Approval of Budget Amendment. The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Kelly and Mayor Malone. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Ed Harnett, 915 W. Perkins Street, Ukiah, requested that the financial activities of the Ukiah Conference Center be released to the public. He also inquired about the current status of a skateboard facility in Ukiah. He felt the electrical rates in the City are very high and the City should offer allowances for Iow income persons, as does P.G.&E. He discussed the recent death of Mr. Marvin Nobles, and inquired if the City is accepting responsibility for his death. It was his opinion than an independent investigation needs to be completed that does not involve an internal investigation by the City, nor an investigation by the District Attorney or Sheriff's offices. He felt the taking of Mrs. Noble's life was not justified. Vice-Mayor Mastin advised Mr. Harnett that a full report was presented during the City's Budget Hearings regarding the financial status of the Conference Center. He directed City staff to send Mr. Harnett this information. A meeting is scheduled for August 25, 1998, at the Todd Grove Room for further discussion on a skateboard park in Ukiah. He acknowledged that the electric utility rates in Ukiah are high and noted there is a program to assist senior citizens as well as Iow income persons with their bills. This program should be going into effect shortly. Mr. Michael Toms, business owner in Ukiah, expressed his dismay with the planned destruction of mature trees in the Pear Tree Shopping Center. He suggested Council issue a statement of support to retain the trees in the shopping center. He advised that his business was the first to utilize the shade trees provided by the Shade Brigade and felt the City needs to retain as many trees as possible. Vice Mayor Mastin reported that an urgency item needs to be added to the agenda, Item 9d, Authorization for the Expenditure of Gas Tax Money to Complete the State Street Surface Remediation Project. MIS Ashiku/Chavez to add Item 9d to the agenda, Authorization for the Expenditure of Gas Tax Money to Complete the State Street Surface Remediation Project, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Kelly and Mayor Malone. 2. SPECIAL ORDER OF BUSINESS a. Memorial Walk Presentation City Manager Horsley advised that a special walk was held in memory of Marvin Noble. She had met previously with Lecretia Peoples and others to discuss the future and how the City can improve relations with people in the Ukiah community. The group asked to be able to express to Council their questions and concerns. Lecretia Peoples, Ukiah resident for 20 years, advised that a memorial walk took place along South State Street tonight in memory of Marvin Nobles. She felt by bringing people together would given them an opportunity to voice their concerns and make recommendations for improvements through cultural understanding and better social relationships between neighbors. She asked Council to consider establishing an independent investigation or to direct her group in the process of establishing an independent investigation. David Joe Lincoln advised that he is of Yokayo/Pomo Indian decent. He discussed his experiences living in minority communities which have minorities. He expressed concern with some members of the Police Department who have animosity towards minorities and Regular Meeting - August 5, 1998 Page 2 felt this may come out during altercations. He emphasized further training for Police Officers as alternatives to shooting people. He discussed the lack of minorities on the Police Force and the importance of men/women of color working in neighborhoods where difficulties arise. There should be a requirement that Police Officers complete mandatory training. He felt a need for the establishment of a 51/50 ordinance committee which looks at alternatives to altercations. He felt there is also a need to establish a citizen ride-along program. Linda McClure advised that she has worked with the Human Rights Monitoring Project for over three years monitoring police misconduct in Mendocino County. There are many good people working in law enforcement, however, there is also a faction of law enforcement who are bullies and have committed crimes against citizens. She noted that Marvin Noble is not the first person to be killed by law enforcement in Mendocino County and felt the only way police misconduct can be brought to light is to have a commission of the people, with full investigative authority, to investigate the matter thoroughly. She urged Ukiah to form such a people's commission to review Police misconduct and make it effective so that when people are mistreated by the Police, they will have some recourse. Deborah Armstrong advised she moved to Ukiah in 1976 as a 15 year old black person, and she hated it. Now as an adult, she is very happy that her family moved to Ukiah. Having lived in Southern California for some time, she witnessed police brutality. She felt the community needs to have interaction with those who are investigating the matter, rather than it being one-sided. She asked the City Council to set aside time at their next meeting, or call a special meeting as soon as possible so that the community can express their concerns. Tom Johnson, West Mill Street resident since 1974, felt the Police Department is not completely at fault and that the Mental Health Department should have sent someone to the scene who knew how to deal with a mentally disturbed person. He stressed the need to work together to resolve issues. Richard Becker, San Francisco, advised he represents Gloria Arrevia, a Peace and Freedom candidate for Governor of California. Ms. Arrevia is very concerned about the tragedy of Marvin Noble. He expressed his concern with Police responses when dealing with those individuals who suffer short or long term mental illness. He noted that wealthy white people do not get shot by the police when they have a mental health crisis. Ms. Arrevia is supportive of an independent investigation and requested Council's support of such a plan. He also stressed the need for an "open-mike" session between Council and the people of Ukiah. Vincent Colin Smith advised that he is a former Ukiah resident, now residing in Rohnert Park. As a young black man in Ukiah, he hated it when he first moved here, but over time made many friends and now likes the community. He cited several incidents he had with Police while living in Ukiah, which usually occurred when he was walking down a street at night and was stopped by a Police Officer. Because of the Iow black population in Ukiah, he felt the Police Department assumed he was from out of town. These incidents made him feel like a criminal, although he was not doing anything wrong. He does not like the feeling that whenever he steps out of his home after sunset, that his life may be in jeopardy. He urged the Council to listen to the people of the community. There was some discussion concerning the disposition of the Police Officer who shot Mr. Noble and Police Chief Williams advised that Officer Sean Kaiser had been on administrative leave, but is now back to work. Vice-Chairman Mastin thanked those who came to the meeting and assured them that this will not be the last opportunity for the public to address the Council on this issue. An unidentified man in the audience advised that he was arrested by Officer Sean Kaiser today for being under the influence and expressed his concern with Mr. Noble's death. Regular Meeting - August 5, 1998 Page 3 Cheryln Evans, a teacher at South Ukiah Valley High School, expressed concern with the conflicting stories about what transpired during the incident. She concurred that there is a need for an independent investigation and encouraged Council to support the citizens' request. City Manager Horsley advised that more information should be coming forth on the matter now that the District Attorney has made her decision. There is an internal investigation in the Police Department as well. 7, PUBLIC HEARINGS Adoption Of Resolution Approving Final Draft Summary Plan As Part Of The AB 939 Integrated Waste Management Plan For Mendocino County & Establishing It As A Part Of The City_ Of Ukiah's Solid Waste Management Plat Public Works Director Kennedy reported that the Summary Plan has been prepared by the Mendocino Solid Waste Management Authority (MSWMA) on behalf of the City of Ukiah and other participating agencies. It identifies County-wide goals for waste prevention, recycling and composting, current solid waste management practices, diversion programs implemented, and anticipated contingency measures to increase diversion to 50% by the year 2000. The Plan is required by the California Integrated Waste Management Board to be incorporated into the Integrated Waste Management Plan for Mendocino County. The AB 939 Management Plan of Mendocino County also includes the previously adopted Source Reduction and Recycling Element, Household Hazardous Waste Element, Non-Disposal Facility Element, and Siting Element. Public Hearing Opened' 7:20 p.m. Eric Sunswheat, Potter Valley, addressed Council regarding the Summary Plan, particularly the composting components. Mendocino County is included in the Sonoma- Mendocino-Lake Recycling Market Development Zone established by the California Integrated Waste Management Board. This designation makes recycling businesses eligible for Iow-interest loans for projects that utilize post-consumer waste as feedstock for new products. It was his determination that compost and wood product loans have not been obtained by Mendocino County businesses under this program. He presented a handout to Council at the meeting and referred to documentation which he provided to Council in their packet Public Hearing Closed: 7:27 pm MIS Chavez/Ashiku to adopt Resolution No. 99-5 Approving Final Draft Summary Plan of the Mendocino County Integrated Waste Management Plan, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Kelly and Mayor Malone. 7b. Consider a Proposed Reduction to Landfill Tipping Fee and the Adoption of a Resolution Setting Forth the Fees and Charges, Hours of Operation, and Policy and Procedures at the Ukiah Landfill Director of Public Works Kennedy reported that the proposed resolution would reduce the landfill tipping fee charged for each compacted ton of solid waste. Affected by this change are the commercial garbage collections franchised or permitted by the County of Mendocino to serve the waste customers within the County environs of Ukiah Valley, Redwood Valley, Potter Valley, Boonville, and Hopland, which are designated as the "old" service area. He discussed the proposed rates, Landfill Tipping Fee Reduction Scenarios, as well as Comparison of Rate Adjustment Scenarios. There was some discussion concerning current fees for solid waste delivered by retailers who own compacting devises, such as Mervyn's and Raley's, and are either delivered by the owner or by the franchised or permitted commercial haulers, at a rate of $72 per ton. The proposed resolution designates a fee of $77 per ton. Public Hearing Opened: 7:36 p.m. Regular Meeting - August 5, 1998 Page 4 Jerry Ward, representing Solid Waste of Willits, is a franchise hauler. He felt the hours of operation at the Landfill are inconvenient for his company because they are not allowed to enter the Landfill before 8:00 a.m. on Tuesday through Friday, and especially after holidays. He received a letter from the City in March which indicated the City is conducting noise studies on the compactors and Landfill equipment. If favorable, Solid Waste of Willits would then be able to dump with other haulers, Solid Waste Systems and Empire, at the hour of 7:00 a.m. He discussed the high temperatures at the Landfill in the afternoon and the difficulty with his equipment going up and down the grade at the Landfill during the afternoon hours. He felt the extra hour per day would greatly benefit his company. Public Works Director Kennedy advised that the Environmental Impact Report (EIR) has been prepared and is currently out for public review, which ends on August 12, 1998. A public hearing has been scheduled for September 2, 1998 with the City Council. The supplemental EIR addresses allowing new service providers to enjoy the same hours as the "older" waste customers. Discussion followed concerning the hours of operation at the landfill and review of previous resolutions on the matter. City Attomey Rapport advised there were additional court proceedings, and as a result, the City had to report to the court that they had implemented a mitigation measure which was identified in the EIR. In order to do that, the Council clarified their resolution. He reported that the City will be applying to the Integrated Waste Management Board for an amendment to its purview. Public Works Director Kennedy noted that the clarification was made in Resolution 98- 06. He reported that once the Supplemental EIR is certified, then the City will submit an application for a change in the hours as well as a change in the daily maximum from 190 to 290 tons per day. City Manager Horsley advised that, although the City has not received much comment in writing, there have been several phone calls regarding the hours. Public Hearing Closed: 7:45 p.m. Councilmember Ashiku queried staff regarding the purpose of the rate reduction and expressed his concern with the regional areas not participating in closure costs. City Manager Horsley advised the MSWMA surcharge is based on the tonnage from each jurisdiction. MSWMA is lowering their fee, and if we did not pass that along, we would be accepting additional revenue which is based on the tonnage of each jurisdiction. Public Works Director Kennedy discussed the under-funded 30 year obligation and staff is recommending that, should Council adopt staff's proposal, the revenue would be included in the Post Closure Maintenance Fund. At the present time the balance in the fund is approximately $300,000. Discussion followed concerning Scenario 2 for commercial haulers. MIS Ashiku/Chavez to adopt Resolution No. 99-6 Setting Forth the Fees and Charges, Hours of Operation, and Policy and Procedures at the Ukiah Landfill, and Amending Resolution under paragraph B5, Fees and Charges, be changed to $72.00, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Kelly and Mayor Malone. Sm UNFINISHED BUSINESS Approve Amendment to Solid Waste Collection Franchise Agreement With Solid Waste Systems, Inc. Regular Meeting - August 5, 1998 Page 5 Public Works Director Kennedy advised the proposed amendment modifies the term of the Franchise Agreement whereby its term runs concurrently with the term of the contract executed by the City and Solid Waste Systems, Inc., on May 7, 1998, and shall be extended to the date for the termination of the Transfer Station Contract. The proposed amendment establishes a term of 10 years, from the date of start of operation of the Transfer Station and provides an extension of another 10 years if the Transfer Station Contract is extended an additional 10 years pursuant to the provisions of its Contract. The Contract can be terminated earlier pursuant to the provisions of Paragraph 20 of the Franchise Agreement. Discussion followed concerning having two contracts running concurrently for both the Transfer Station provider and the collectors. Public Works Director Kennedy noted there are provisions for termination in both contracts. MIS Ashiku/Chavez to approve Amendment to Solid Waste Collection Franchise Agreement with Solid Waste Systems, Inc., carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Kelly and Mayor Malone. Vice-Mayor Mastin advised that Council has been asked to take an item out of order due to a persons injury. Consensus of Council was to move Item 9a after 8b. b. Presentation of Resident Survey and Recommendation to Open Marlene Stree' To Two-Way Traffic Public Works Director Kennedy discussed the survey conducted of residents within the Marlene, Lorraine, and Betty Streets neighborhood. The survey canvassed the residents' opinions regarding the effectiveness of the one-way opening on Marlene Street at Orchard Avenue, and the speed humps on Betty and Lorraine Street. Of the 131 questionnaires distributed, 61 responded concerning the speed humps on Lorraine and 56 responded concerning the speed humps on Betty Street. Seventy-nine percent (79%) of the respondents preferred that the speed humps remain on Lorraine Street, and eighty-eight percent (88%) of the respondents preferred that the speed humps remain on Betty Street. He advised that the Traffic Engineering Committee recommends that Marlene Street at Orchard Avenue be re-opened to two-way traffic and that two speed humps be constructed on Marlene Street between Orchard Avenue and Lorraine Street. Cat Larreau, resident on the south end of Lorraine Street, did not agree with the results of the survey because of the two different options; barricades and speed humps. She discussed the speeding and traffic problems on Lorraine Street, which is a narrow street without sidewalks. She noted that since Marlene Street has been closed, the amount of traffic has been reduced but the vehicles continue to speed. She also noted the route is used by many commercial vehicles who travel 10 to 15 miles per hour over the posted speed limit. Without sidewalks on Lorraine Street, there is no place for pedestrians to get out of the way of vehicles. She felt the main problem is with traffic traveling through their neighborhood on the way to or from the shopping center on Airport Park Blvd. Some cars drive around the speed humps at a high rate of speed and it has caused a safety hazard for pedestrians, children, and those living in the area. She would like to see a better alternative to speed humps. Arlene Shipey, 43 Lorraine Street, thanked Mr. Kennedy for calming the traffic on both Marlene Street and Lorraine Streets. She preferred that additional speed humps be installed. Pete Passof, 155 Deborah Court, advised Council that he has lived in the area since 1968, and felt that the barrier on Marlene Street has served its usefulness. He felt that Marlene is too short a street to have a speed hump and would not be effective. He discussed the speeding traffic and impacts of large stores in the Airport Park Blvd. area affecting his neighborhood. He endorsed staff's recommendations and felt it will improve the traffic flow in the area. Regular Meeting - August 5, 1998 Page 6 City Manager Horsley advised that she met with Public Works Director Kennedy concerning the situation and they have some ideas to rectify the problems. In particular, if Council approves staff's recommendations and there continues to be increased traffic problems, staff is entertaining the possibility of not allowing traffic to cross the intersection of Talmage Road, from the shopping ama on Airport Park Blvd., in a northerly direction to Lorraine Street. Instead, them would be two left hand turn lanes and two right hand turns lanes installed at the intersection of Talmage Road and Airport Park Boulevard. Discussion followed concerning the traffic that is generated by the businesses on Airport Park Blvd. and, with the opening of Food 4 Less in the near future, the traffic is projected to increase further, thereby impacting Talmage Road and surrounding neighborhoods. Eric Larson, 123 Clara Avenue, discussed speeding traffic in residential areas and supported the alternative plan of not allowing northerly traffic on Airport Park Blvd. to cross Talmage Road and enter the residential neighborhood of Lorraine Street. He proposed the City Council allocate discretionary authority to the Traffic Engineering Committee to pursue short term experimental projects on a limited time basis. He supported staff and the Traffic Engineering Committee's recommendation. Richard Jones, Lorraine Street, supported the idea of changing the light on Talmage Road and felt most of the traffic on Lorraine travels in a northerly direction. The lack of sidewalks on Lorraine Street places pedestrians in conflict with vehicle traffic. George, 44 Lorraine Street, advised he is retired and discussed the traffic on Lorraine Street. He felt the removal of the barrier on Marlene Street was good but the speed humps need to be more effective. Discussion followed concerning the proposal to reconfigure the intersection of Talmage Road and Airport Park Blvd. Motion was made by Ashiku to adopt Resolution Reopening Marlene Street at Orchard Avenue to Two-Way Traffic, Constructing Speed Humps Between Orchard Avenue and Lorraine Street, and directing staff to reconfigure the intersection at Airport Park Boulevard and Talmage Road, eliminating northbound traffic from Airport Park Blvd. City Attomey Rapport advised that, under the Brown Act, Council cannot take action on a matter which is not on the agenda, and noted there was no discussion of the Talmage/Airport Park Blvd. matter in staff's report to Council. Council may proceed with staff's recommendations concerning the barrier on Marlene Street and the speed humps, however, the reconfiguration of the Talmage Road/Airport Park Blvd. intersection should be considered at another time. Councilmember Ashiku withdrew his motion. Discussion followed concerning directing staff to bring the matter back to Council at a later time. MIS Ashiku/Chavez to adopt Resolution No. 99-7 Reopening Marlene Street at Orchard Avenue to Two-Way Traffic, and the installation of two speed humps as described in the staff report, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Kelly and Mayor Malone. Councilmember Chavez recommended that any further surveys of the neighborhood include residents on Orchard Avenue because they are also affected by traffic in the area Public Works Director Kennedy advised that in accordance with the General Plan, the City will be looking at a Traffic Management Program. Under such a program, staff encourages community involvement in addressing the needs throughout the City. Regular Meeting - August 5, 1998 Page 7 Commissioner Ashiku discussed the obstruction of vision at the south bound freeway off ramp on Talmage Avenue. City Manager Horsley reported speaking with Caltrans on several occasions concerning this problem and will contact Caltrans again regarding the situation. 9. NEW BUSINES.S a. Discussion of Neighborhood Meeting Regarding Possible Addition of a ~;katepark Facility in Todd Grove Park and Authorization of Mayor to Sig,- Letter Announcing Public Meeting City Manager Horsley advised that the City has been working with the Skateboard Committee and an important issue is site selection. Several sites have been considered. Staff has reviewed the City's park sites to see if there is a potential to include a skateboard park. Staff looked at Oak Manor Park and Todd Grove Park and the Skateboard Committee prefers Todd Grove Park. With Council's approval, a meeting will be held at Todd Grove to discuss the potential for having a skateboard park at that location and to obtain input from neighbors. She distributed photos of other skateboard parks to Council for review. Don Dolan, P.O. Box 52, Ukiah, coordinator of the Ukiah Skateboard Committee, discussed the traffic issue with skateboards in the downtown area. He noted several cities in Northern California have skateboard parks and they have proven very successful. He thanked City staff for their cooperation with the committee and encouraged Council to approve staff's recommendation. MIS Ashiku/Chavez authorizing the Mayor to sign letter announcing a Skatepark meeting for August 25, 1998, 5:00 p.m. at Todd Grove Park. Commissioner Chavez noted stairs were used at one skateboard park viewed in the photos and commented on the possibility of accidents occurring. She inquired if helmets would be required. City Manager Horsley reported there will be requirements by REMIF if the skateboard park is on City property. Motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Kelly and Mayor Malone. Consensus of Council was to hear Items 9b and 9c, then 8c on the Agenda. 9b. Approval of Lease of North Fire Station to Red Cros~ City Manager Horsley advised that at Council's request, staff has been working with various groups for a cooperative cohabitation of the North State Fire Station. The American Red Cross has approached staff with a request to lease a portion of the North Fire Station. The facility is no longer utilized for full time staffing but is still used as a fire operations station and currently houses public safety vehicle maintenance activities and apparatus equipment. The Red Cross would offer an added benefit of providing training and assistance for many of the emergency services provided by the City's Fire Department. The rental would be $1,000 per month and she felt the benefits to the City and the community more than make up the rent. An additional $400 per month would be paid for utilities. She discussed insurance requirements and recommended changes which have been approved by REMIF and City staff: 1) Exhibit B, Other Insurance Provisions, 1. to read "...as additional insured...". 2) Exhibit B, Verification of Coverage, last sentence is deleted, but add "Certificate of Insurance". She reported that the American Red Cross has reviewed these changes and is in agreement with them. Fire Chief Sandelin advised that Red Cross will only be using a small portion of the storage facility and the City will be maintaining the garage facility and apparatus equipment. From an operational standpoint, the Red Cross mobilizes a large contingency of workers and resources during a disaster and noted the fire station was designed to be an operational facility. Regular Meeting - August 5, 1998 Page 8 MIS Ashiku/Chavez approving lease with the American Red Cross for 1800 North State Street in the amount of $1,000 per month. City Manager Horsley advised that part of the agreement was to continue with Hazardous Waste Days and Mike Sweeney was contacted regarding this matter. An plan was agreed upon to continue these activities without disrupting the operations of either party. Motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Kelly and Mayor Malone. 9c. Presentation of Survey and Recommendation to Establish No Parking Zone~_ Adjacent to Driveways on Hospital Drive Public Works Director Kennedy recommended Council approve his recommendation. MIS Chavez/Ashiku adopting Resolution No. 99-8 Establishing No Parking Zones Within 20 Feet of Both Sides of Designated Driveways on Hospital Drive, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES' None. ABSTAIN: None. ABSENT: Councilmember Kelly and Mayor Malone. 8c. Approval of a Product and Service Agreement with FirstPoint Utility Solutions_ Inc. and Approval of a Budget Amendment Finance Director Elton reported that Council approved a letter of intent with FirstPoint Utility Solutions, Inc. to negotiate for various services, including a customer information system, billing and mailing services, metering, collection and customer service. He advised that the conditions were received today at 5:00 p.m. and staff has not had an opportunity to review them. He recommended Council approval of the contract, subject to staff review of the general terms and conditions. City Attorney Rapport concurred with Finance Director Elton's recommendation acceptable. MIS Ashiku/Chavez authorizing the City Manager to sign the Agreement with FirstPoint Utility Solutions, Inc. not to exceed $26,700, and amending the Billing and Collection budget, 697.1305.250.000 by $26,700 to cover the cost of this agreement, subject to review of the general terms and conditions by staff, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Kelly and Mayor Malone. 9d. Approve Non-Agendized Item As Emergency Item; Authorize The Expenditure of an Additional $42,345 For The State Street Surface Remediation Project, am' Approve Budget Amendment Public Works Director Kennedy advised that the City is experiencing a much greater consumption of urethane in the State Street Remediation Project. Staff is requesting to expend an additional $42,345 from Gas Tax Fund No. 2107 for the completion of the Project from Low Gap Road to Henry Street. Additional funds are needed to complete the undersealment of the concrete panels. The volume of voids under the joints of the concrete panels is greater than what was anticipated, therefore, a greater amount of urethane than what was estimated is being consumed. Discussion followed concerning Gas Tax Funds. MIS Ashiku/Chavez authorizing the Expenditure of an Additional $42,345 for the State Street Surface Remediation Project, and Approval of Budget Amendment, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Vice-Mayor Mastin. NOES: None. ABSTAIN' None. ABSENT: Councilmember Kelly and Mayor Malone. 10. CITY COUNCIL REPORTS Vice-Mayor Mastin briefly discussed the scheduled League of California Cities meeting Regular Meeting- August 5, 1998 Page 9 in October. He reported that Tim Stoen, attorney for the North Forks Improvement Group, is moving to Colorado. 11....C. ITY MANAGER/DIRECTOR REPORTS City Manager Horsley reported that Councilmember Ashiku requested an update on the Vehicle License Fee. She referred to the handout from the League of California Cities. The governor has backed off of the initial proposal to reduce the Vehicle License Fees, and now the State is to give a credit of 25%. The City sent a letter today to Senator Mike Thompson indicating the City's interest in the continuation of these appropriations to cities. She circulated a sample of a designed graphic which was produced by City staff for a publication and noted a savings of City funds by utilizing City computers and staff. 12. None. CLOSED SESSION 13. ADJOURNMENT Vice-Mayor Mastin adjourned the meeting at 9:00 p.m. Marie Ulvila, City Clerk Regular Meeting- August 5, 1998 Page 10