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HomeMy WebLinkAboutMin 09-02-98MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, September 2, 1998 The Ukiah City Council met at a Regular Meeting on September 2, 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, Kelly, Mastin, and Mayor Malone. Staff present: Customer Service Supervisor Archibald, Public Utilities Director Barnes, Finance Director Elton, Personnel Officer Harris, Risk Manager/Budget Officer Harris, City Manager Horsley, Public Works Director Kennedy, City Attorney Rapport, Planning Director Sawyer, Senior Planner Stump, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Mastin led the Pledge of Allegiance. 3. APPROVAL/CORRECTION OF MINUTES a. Regular Meeting of August 5, 1998 MIS MastinlKelly to approve the minutes of the Regular Meeting of August 5, 1998 as submitted, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, and Mastin. NOES: None. ABSTAIN: Councilmembers Kelly and Mayor Malone. ABSENT: None. b. Regular Meeting of August 19, 1998 MIS Malone/Ashiku to approve the minutes of the Regular Meeting of August 19, 1998 as submitted, carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: Councilmember Chavez. ABSENT: None. 4. RIGHT TO APPEAL DECISION Mayor Malone reviewed the appeal process. 5. CONSENT CALENDAR City Manager Horsley requested that Items "n" and "o" be pulled from the Consent Calendar and heard separately. She explained that at the time the agenda was prepared, it was thought that Item "n", Award of Contract to Parnum Paving, Inc. for East Perkins Street Reconstruction, would be a standard bid award, however, after all bids were opened, it was discovered that the lowest bid was $81,504 over the amount reserved. With regard to Item "o", Award of Bid to Ikon Office Solutions for a copying system, additional information has been received on the bid today. Consensus of the Council was to hear Consent Calendar Items "n" and "o" separately. n. Award of Contract to Parnum Paving, Inc. for East Perkins Street Reconstruction, Spec. No. 98-11, in the Amount of $504,933 and Authorize Budget Amendment Transfer of $81,504 From the General Fund Reserve (Fund 110) Director of Public Works Kennedy advised that two bids were received, and the lowest responsible bidder is Parnum Paving Co., Inc. with a total bid of $504,933, which is $114,661 over the Engineer's Estimate of $390,272. The work under this project involves the reconstruction of East Perkins Street from the west abutment of the US 101 over- crossing to the west line of Main Street, excluding a portion of Perkins Street between the railroad tracks. He explained the project, budget considerations, and noted major differences between the Engineer's Estimate and the two bids received were in the Traffic Control System and Type B Asphalt Concrete Pavement. He recommended utilizing General Fund money of $81,504 in the reserve fund to augment funds for the project. City Manager Horsley explained that bids for the reconstruction of Orchard Avenue will be opened on September 8, 1998, and it is expected that the lowest bid will be above the Engineer's Estimate for that project as well. Public Utilities Director Bames advised that the utilities are buried in a trench along the Regular Meeting - September 2, 1998 Page I sidewalk and the road and the project will not interfere with undergrounding of utilities on Perkins Street in the future. Public Works Director Kennedy noted that the undergrounding of utilities on Perkins Street will not undo the reconstruction of Perkins Street, as the construction area is from curb to curb. He briefly discussed obtaining right-of-ways. Finance Director Elton explained that staff did not want to co-mingle the General Fund Reserve portion of the project with Gas Tax funds, and that the City use the Special Projects Fund to record the part of the project that would be paid from the General Fund reserves. This is what Fund 250 represents. Councilmember Kelly questioned whether this project would be eligible for SB45 funds. Public Works Director Kennedy explained that, although the project would meet the qualifications for funding under SB45, there would be approximately a two year waiting period for the funds to become available. If the City were to complete the project now, reimbursement with SB45 funds would not be possible. He explained the project rating system for funding under SB45 and noted that the cost of the project would most likely increase over the two year waiting period due to additional deterioration of the street and the increased cost of materials. However, in the meantime, other projects could be submitted as candidates (for SB45 funding), such as work needed on Low Gap Road, Brush Street, State Street, and Talmage Road. If Council approves the reconstruction of Perkins Street now, the project would be completed by November of this year. Considerable discussion followed concerning funding sources such as SB45, STIP, T21 funds and when these funds would be available. Other topics of discussion included deterioration of Perkins Street over a two-year period and the increased cost of oil based products. The matter of widening Talmage Road was also discussed as being very critical and also costly to complete. Council discussed relying on General Fund monies to complete road projects that run over budget. So far this year, road projects have been $120,000 over budget. City Manager Horsley noted that during the budget hearings there was discussion that, as Gas Tax Funds are reduced and as asphalt costs increase, a policy decision will need to be set by the City Council establishing a monetary spending limit for General Fund money that can be used for road projects. She noted that there has been discussion by the County relative to having a ballot measure for road projects for cities in the entire County because none of the cities are receiving enough Gas Tax Funds to maintain their roads. Public Works Director Kennedy briefly discussed the reconstruction of Orchard Avenue and noted that the bids will be opened on September 8, and will be evaluated at that time. He estimated that the project could run approximately $100,000 over budget, based on the quantities and prices submitted for the Perkins Street project. The City has 30 days in which to award, or not to award, a bid. Discussion followed concerning accumulating Gas Tax money to pay for the road projects. Options for repairing Orchard Avenue were considered, such as patching rather than paving at this time; applying for funds under SB45 for the reconstruction of Orchard Avenue and not begin the project until funding from SB45 is obtained; not making a decision on the Perkins Street project until the bids are received on the Orchard Avenue project, and then evaluating both projects at that time. The status of sewer and water lines along Perkins Street were discussed as was current Reserve balances. MIS AshikulMalone to award the bid to Parnum Paving, Inc. for East Perkins Street Reconstruction, Spec. No. 98-11, in the Amount of $504,933 and Authorize Budget Amendment Transfer of $81,504 From the General Fund Reserve (Fund 110) to Special Projects Fund 250. City Manager Horsley discussed providing Council with a list of future projects, associated costs, and funds available. Regular Meeting - September 2, 1998 Page 2 Motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, and Mayor Malone. NOES: Councilmember Mastin. ABSENT: None. ABSTAIN: None. o. Award of Bid to IKON Office Solutions For Three-Year Rental of Canon NP6085 Copying System Executive Administrative Assistant Yoast advised Council that after discussion with Steve Thrift from Ikon Solutions, she learned that his bid was based on 90,000 copies per month rather than the average number of 55,000 per month which the copier analysis was based on. He was willing to make an adjustment to their bid for 55,000 copies per month at a cost of $0.0225 per copy for a 60 month rental. The monthly cost is $1,237. After reexaming all the bids, it was determined that Ikon Solutions' bid remains the lowest received. MIS MalonelAshiku to Authorize the City Manager to enter into an agreement with Ikon Office Solutions for a 60-month rental of a Cannon NP6085 Copying System in the Amount of $0.0225 Per Copy, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. MIS Ashiku/Malone to approve items a-m of the Consent Calendar as follows: a. Denied of Claim for Damages Received from Ukiah Ambulance Service and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; b. Received Report of the Acquisition of Landfill Winterization and Erosion Control Services From The California Conservation Corps In An Amount Not to Exceed $10,000; c. Received Notification Regarding Cleaning of Anaerobic Digester at the Wastewater Treatment Plant for the Sum of $9,995; d. Received Notification Regarding the Award of Bid to WIPF Construction to Truck Biosolids to the Redwood Landfill for the Sum of $9,000; e. Rejected All Bids for Super Duty 4x2_ Truck for Fire Department; f. Adopted Resolution 99-11 Waiving the 60-Day Notification Requirement for Establishing a County Facility in the City; g. Authorized the City Manager to Enter Into Contract with Kennedy/Jenks Consultants to Complete Design of Trickling Filter Modifications and Additional Pump for The Sum Not to Exceed $21,500; h. Received Notification Regarding the Purchase of a 480 Volt Motor Starter from Graybar Electric For The Sum Of $6,315.95; i. Approved Notice of Completion for Construction of Runway and Taxiway Slurry Seal Project, California Aid to Airports Project No. MEN-3-97-1, Specification No. 98-1; Received Notification of Emergency Repairs Conducted by Hart High Voltage in the Amount of $9,785.79; k. Awarded Contract to Proseed Landscape & Erosion Control Contractors for Landfill Erosion Control in the Amount of $13,665; I. Received Report Regarding Purchase of Publication Services With The Ukiah Daily Journal for Publication of Seasonal Recreation Brochure; Received Report Regarding Purchase of Painting and Resurfacing Services for Civic Center Building. m. The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone NOES: None. ABSTAIN: None. ABSENT: None. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Judy Pruden, 304 S. Hortense, advised that over two years ago both her and Barbara Eversole appeared before the City Council during the Budget Hearings. At that time, the City Council assured the community that streetscaping was a priority for the gateway corridors of the City. It was her opinion that Council has not fulfilled their assurances regarding landscaping standards for major streets in the community. She recommended Council approach staff regarding streetscaping Perkins Street. Regular Meeting - September 2, 1998 Page 3 PUBLIC HEARING a. Consideration of a Resolution to Amend the General Plan Land Use Map to Redesicjnate 4 Parcels of Land AIoncj North Oak Street from "C" (Commercial) to "LDR" (Low Density Residential), and Introduction of an Ordinance to Rezone the Parcels from "C1" (Light Commercial) to "RI" (Single Family Residential) Senior Planner Stump advised that the project is a General Plan Amendment/rezoning project which involves four parcels situated along the east side of North Oak Street between Henry Street and Gibson Creek. The project would change the General Plan land use designation on the four parcels from "C" (Commercial) to "LDR" (Low Density Residential), and rezone them from "C1" (Community Commercial) to "RI" (Single Family Residential). On May 6, 1998, the City Council conducted a Public Hearing to consider rezoning the subject parcels, as well as a number of others in the area to "CN" (Neighborhood Commercial). At that time, Council took action to rezone a number of the parcels CN, but decided not to assign this zoning classification to the four subject parcels and directed staff to initiate a General Plan Amendment to the "LDR" land use designation and rezoning to the "RI" zoning classification. The Planning Commission agreed on a 2-1 vote, with Council's direction that the rezoning was appropriate for these parcels. He noted a letter was received from Redwood Legal Assistance opposing the rezoning of the their property from "C1" to "RI" Mr. Woodlief has voiced his opposition to the rezoning of his property, noting it would impose an unfair burden on him. The Mendocino/Lake Medical Society were not opposed to the rezoning but expressed concern that they would be able to continue operation of their business at that location if the rezoning is approved. Mr. Stump discussed legal non-conforming uses, noting they may continue indefinitely, provided they do not cease to operate for a six-month period, and provided that they are not significantly increased in size, scale, or intensity. Staff recommended approval of the project. Public Hearing Opened: 7:15 p.m. Rod Coots, 427 North Oak Street, felt that when it was proposed for his property to be rezoned to "CN", it was appropriate because it reflected the consistency of the neighborhood. He discussed the aspect of non-conforming uses whereby a business could be replaced by another business at the same location, or the property could be sold. He felt it would impose an unfair hardship for him under the proposed zoning of "R1" since his property is surrounded by several businesses. It was his opinion that a "CN" zoning classification would be more appropriate for the four parcels. Holly Brackman, 736 Grove Avenue, reminded Council that the reason this rezoning is presented is due to Council's previous discussion of the neighborhood zoning. She supported preserving the quality of the neighborhood as residential and felt there is nothing wrong with businesses having non-conforming uses. She reported that Mr. Woodlief may be considering selling his property to accommodate a bed and breakfast establishment, noting that the Sanford House does not affect it's neighborhood detrimentally. Senior Planner Stump advised that a bed and breakfast establishment would be allowed in an "RI" zone with a Use Permit at the discretion of the Planning Commission. Sandra Molcilo, a real estate broker with REMAX in Hopland, and representing Mr. Woodlief, advised that Mr. Woodlief has no intention of making that property a bed and breakfast and, in fact, the two attorneys who purchased the property clearly intended the property to be used as law offices with the understanding that it is zoned "C1" They feel that down zoning from "C1" to "RI" is too drastic and felt that the new zoning would definitely change the value of their property. The attorneys are in favor of a "CN" zoning designation. Eric Larson, 123 Clara Avenue, advised that when he bought his property 12 years ago, it was zoned "C2" and during the General Plan rezoning process it was rezoned to "RI" He reported that a recent appraisal of the property increased over its original value. Public Hearing Closed: 7:26 p.m. Regular Meeting - September 2, 1998 Page 4 City Attomey Rapport discussed the "taking issue" and advised that as long as Council does not deprive a property owner of all economical and viable use of their property, they would not be constitutionally precluded from changing the zoning. Discussion followed concerning property values of commercial and residential properties, potential benefits of rezoning the four properties to "RI", and consistency with zoning of neighborhoods. MIS Kelly/Mastin to approve the Negative Declaration for General Plan Amendment and Rezoning Group No. 1 for properties located along the east side of North Oak Street between Smith Street on the south and Gibson Creek on the north; carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. MIS Ashiku/Mastin to adopt Resolution 99-12 Amending the General Plan Land Use Map to redesignate 4 parcels of land along North Oak Street from "C" (Commercial) to "LDR" (Low Density Residential), carried by a voice vote of all AYE. MIS Ashiku/Mastin to introduce by title only Ordinance Amending the Official Zoning Map for the City of Ukiah to rezone the 4 parcels of land along North Oak Street from "C1" (Light Commercial) to "RI" (Single Family Residential), carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. Recording Secretary Ulvila read the ordinance by title only. MIS Ashiku/Kelly to introduce Ordinance, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone NOES: None. ABSTAIN: None. ABSENT: None. 7b. Consideration of a Resolution to Amend the General Plan Land Use Map to Redesicjnate 1 Parcel of Land Located at 140 Luce Avenue from "LDR" (Low Density Residential) to "C" (Commercial), and Introduction of An Ordinance to Rezone the Parcel From "RI" (Single Family Residential) to "CN" (Neighborhood Commercial). Senior Planner Stump advised that the project is a General Plan Amendment and Rezoning initiated by the property owner of 140 Luce Avenue. The owner of the property is proposing to change the General Plan land use designation from "LDR" (Low Density Residential) to "C" (Commercial), and rezone it from "RI" (Single Family Residential) to "CN" (Neighborhood Commercial). He reported that the property is developed with a single family residence and an accessory structure used in the past as a one-station hair salon home occupation. The owner of the property would like to lease the residence and hair salon separately, which would not comply with the "RI" zoning regulations of requiring an occupant of the residence to operate the accessory unit as an actual home occupation. He advised that the General Plan, adopted in 1995, designated the subject parcel as "HDR" (High Density Residential) which prompted a change in zoning to a "RI" zoning last year. He reported that the property is situated 140 feet west of State Street and there are other commercial uses adjacent to or near the property. It was staff's opinion that both the Planning Commission and City Council acted appropriately last year in designating a "RI" zoning for the property. Staff recommended approval of the Negative Declaration but denial of the proposed property rezoning. He discussed using the "CN" zoning district as a buffer zone between residential and commercial uses. Public Hearing Opened: 7:39 p.m. Gary Smith, 16 Betty Street, and property owner of 140 Luce Street, advised that when they purchased the property in 1960, the shop in the back of the property was used for storage. In 1995 they put in the hair salon. He felt there is ample parking available for both the residential use and for customers. He noted the uses surrounding his property are commercial. They would like to rent the house for residential use and the shop for commercial use, but since they do not reside on the property, it is not allowed. Regular Meeting - September 2, 1998 Page 5 Councilmember Mastin discussed contamination occurring on property in the vicinity about 10 years ago. Mr. Smith advised the contamination was the result of a welding shop and an above ground tank. The tank has been removed and the property cleaned up prior to their purchasing it. Public Hearing Closed: 7:43 p.m. Discussion between Council and staff followed concerning allowed uses in a "CN" zoning district and those requiring a Use Permit and it was noted that a beauty shop would be an allowed use in the "CN" zoning district. Parking requirements in the "CN" zone were discussed as well landscaping and other restrictions. The previous General Plan land use designation of "RI" for the neighborhood was discussed and how a "CN" zoning classification could be a good transition between the nearby "C1" and "RI" neighborhoods. Senior Planner Stump advised that, should Council decide to approve the proposed zoning change to "CN", staff has provided a Resolution and Ordinance for Council's consideration so that the process would not be stalled. MIS Ashiku/Mastin to approve the Negative Declaration for General Plan Amendment and Rezoning Group No. 1 for property located at 140 Luce Avenue, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. MIS Ashiku/Mastin to adopt Resolution No. 99-13 amending the General Plan Land Use Map to redesignate one parcel of land located at 140 Luce Avenue from "LDR" (Low Density Residential) to "C" (Commercial), carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. MIS Ashiku/Mastin to introduce by title only Ordinance Amending the Official Zoning Map for the City of Ukiah to rezone the parcel located at 140 Luce Avenue from "RI" (Single Family Residential) to "CN" (Neighborhood Commercial), carried by a voice vote of all AYE. Recording Secretary Ulvila read the ordinance by title only. MIS Ashiku/Mastin to introduce Ordinance, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone NOES: None. ABSTAIN: None. ABSENT: None. 8. UNFINISHED BUSINESS a. Adoption of Ordinance Amending Division 1, Chapter 2, Article 2, Section 6? of the Ukiah City Code Regarding Councilmembers Salarie~ City Manager Horsley advised that the matter is brought to Council under this section of the agenda because only four members of the Council were present at the previous meeting. MIS Mastin/Malone to adopt Ordinance by Title Only, Amending Division 1, Chapter 2, Article 2, Section 62 of the Ukiah City Code Regarding Councilmember Salaries, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. bi Approval of City Park Staff Performing Landscape Maintenance for the County Library Regular Meeting - September 2, 1998 Page 6 City Manager Horsley advised that during the budget sessions, Council discussed various ways they could provide assistance to the County Library, in addition to the rent free land space now provided to the Library in the downtown area. One possible assistance mechanism suggested was to provide for free landscape maintenance to the Library which is now being charged through the County Buildings and Grounds Division. City Park Staff visited the site and determined it would cost approximately $8,112 annually, which includes 20 hours of labor per month at $19 per hour, irrigation materials and installation costs to convert the current manual water system to a clock times drip system and equipment costs. MIS Kelly/Malone approving City Park Staff to perform landscape maintenance for the County Library, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 8c. Report of Traffic Calming Devices on Ford Street and Clara Avenu~ Public Works Director Kennedy discussed the follow-up report submitted to Council concerning the traffic calming devices installed on Clara Avenue and Ford Street. By the use of an overhead projector, he noted the location of traffic calming devices in these residential areas. Speed Surveys were conducted by Staff during the month of July for the purpose of monitoring the continued effectiveness of the traffic calming devices in the reduction of vehicle speeds. As recommended during Staff's previous presentation to the City Council regarding these devices, vehicle speeds were measured for each direction of travel in the vicinity of the devices. He felt the islands were more effective than the circular islands and, overall, the devices have continued to slow traffic speeds since their installation. Bill Morello, 119 Marlene Street, advised that he uses Ford Street and Clara Avenue at times to avoid Perkins Street. He has observed that some motorist using Ford Street do not stay within their marked lane and this halts oncoming traffic. He inquired as to the cost to repair the circular islands when they are destroyed. He suggested installing a lamp post in the middle of the barricade to make them more visible. He felt that two speed bumps on Marlene Street is overkill because it is such a short street. He noted that people drive fast through the Iow income housing project on South Orchard Avenue and that speed humps should be installed on that street as well. Donna Roberts, 781 Sidnie Court, reported that there have been four accidents involving the circular island on Clara Avenue. She noted that Miller Driving School has been teaching students to negotiate the islands in that area. She felt residents want drivers to respect the fact that they are driving in a residential neighborhood. With the decreased speeds, the traffic is more acceptable. She felt that Clara is a wide street and not conducive to speed humps. She noted that neighbors water the plants in the islands at no cost to the City. Tom Greenaway, 309 Clara Avenue, advised that his residence is located near the corner of Hamilton and Clara Avenue. He discussed vehicles speeding on Clam Avenue between the railroad tracks and the traffic calming devices in both directions. He is opposed to speed humps in that area because the ambulance uses this route to go to the hospital. 8d. Authorize the City Manager to Sign Contract with ~alvation Army to Providc Professional Services for the City Low Income Assistance Program.~ City Manager Horsley reported that on June 3, 1998 the City Council approved the establishment of City of Ukiah Low Income Emergency Assistance and Low Income Senior Citizen Assistance Programs. Funding from these programs are to be provided by the City of Ukiah through the Public Benefits Charge established by the Electric Deregulation Bill, AB 1890. The City's Billing and Collection staff has experienced an effective and efficient working relationship with the Salvation Army staff that currently administers the REACH program. Customer Service Supervisor Archibald advised that Salvation Army has agreed to provide Professional Services to determine if City of Ukiah residents are eligible for the City funded programs. Through this contract for services, the City would provide financial Regular Meeting - September 2, 1998 Page 7 assistance to Iow income households within the City of Ukiah who are determined by the Salvation Army to meet the eligibility criteria outlined in the guidelines. The current Fiscal Year Electric Utility budget identifies $177,006 in the 806.3765.250 account providing for the expenditure of these funds through contractual services. Finance Director Elton estimated that funding should be available for this program through the year 2002 or 2004. MIS KellylAshiku to authorize the City Manager to sign the Professional Services contract to allow the Salvation Army to provide eligibility determination for City funded Low Income Emergency Assistance and Senior Citizen Low Income Assistance Programs, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. City Manager Horsley noted that the funds would not be entirely used every year so that continuation of the program could continue for several years as the funds accrue. 9. NEW BUSINESS a. Approval of Partnership Between the City of Ukiah and Ukiah Unified School District for New School at Montgomery Wards Site City Manager Horsley reported that Ukiah Unified School District Superintendent, Kim Logan, made a presentation to the City Council at the August 19, 1998 City Council meeting, explaining the need for another elementary school in the Ukiah Valley. The School District has chosen the Montgomery Wards building site on South State Street, however the property presents numerous challenges and the School District feels that the only way it can meet these challenges is to engage partners within the community for the development and acquisition of the property. Ms. Logan will return to the Council at a future meeting to give more details on their progress and needs. It is requested that the Council approve the City's participation in the process to be a partner with the School District and the County of Mendocino in siting an elementary school at the Montgomery Ward site. MIS AshikulMalone to approve partnership between the City of Ukiah and Ukiah Unified School District for new school at Montgomery Wards site, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 9b. Adopt Revision to Employer-Employee Relations Resolution No. 73-55, Section 12. "Decertification of Established Unit" Personnel Officer Melody Harris advised that a request has been made by one of the Employee Units to revise Section 12A. of the Employer-Employee Resolution No. 73-55 to change the specified time period for decertification of an established unit from the months of October or November of each year to the 60-day period before start of negotiations for any individual Unit. This request, as well as the proposed language amending the Resolution, was provided to all employee Units and no negative responses were received. City Manager Horsley advised that the proposal allows for a better time frame for an Employee Unit to petition the City to decertify. She explained that there is currently a Unit requesting decertification and Operating Engineers have indicated they would not oppose the decertification request. MIS AshikulMalone approving Resolution No. 99-14 Amending Section 12A. of Resolution No. 73-55 Governing Employer-Employee Relations, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 9c. Adoption of Resolution Establishing City of Ukiah Billing Dispute Policy City Manager Horsley advised that, under the current Municipal Code, there are allowances for adjusting utility bills in some situations. Under Chapter 7, Article 3, Section 4034 of the Ukiah Municipal Code, titled "Electric Utility Customer Service Policies", it discusses a Resolution that was adopted by the City Council. However, the City Council Regular Meeting - September 2, 1998 Page 8 never adopted a Resolution. Although adjustments to bills for some situations are covered by other code sections, Staff occasionally experiences circumstances that require bill adjustments that are not covered under these other sections. Under these situations, staff has directed the customer to fill out and submit a claim form which goes to the City Council for rejection. MIS Chavez/Ashiku to adopt Resolution No. 99-15 Establishing Policy and Procedure for Adjusting Utility Bills, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 9d. Appointment of City Representative to Mendocino County Film Advisory Board City Manager Horsley advised that the Board of Supervisors created a Film Advisory Board on August 11, 1998. The Board will be determining the basis for County-wide guidelines that can ultimately be made available to production companies through the County Film Office and/or County Administration. The Board consists of 15 voting, and 4 non-voting members. The City of Ukiah designated representative would be a non- voting member. MIS Ashiku/Kelly to appoint Mayor Malone as the City's Representative to the Mendocino County Film Advisory Board, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, and Mastin. NOES: Mayor Malone. ABSTAIN: None. ABSENT: None. 9e. Approve the Proposal to Modify the Traffic Signal at Airport Park Boulevard and Talmage Road Intersection and Approve Budget Amendment in the Amount of $2.500 Public Works Director Kennedy advised that the proposal is to modify the existing traffic signal at Airport Park Boulevard and Talmage Road for the purpose of prohibiting through northbound traffic into the Lorraine Street neighborhood from the Airport Industrial Park. A budget amendment in the amount of $2,500, is needed to fund the proposed traffic signal modifications. He explained notification procedures taken and reported receiving three letters in favor and eight letters opposing the proposed modification. He read a letter from a group of established businesses (Star Delta Motors, Bueller's Muffler, Triple S Tires, Rubio Electric) located on the Talmage Road frontage road at the south end of Lorraine Street who expressed concern that their businesses would be affected by the proposed change because customers would be prohibited from entering the frontage road from Airport Park Boulevard. However, Mr. Kennedy noted that entrance to the frontage road could be made by traveling east or west on Talmage Road. William Morello, 119 Marlene Street, expressed concern that residents living on Marlene Street would need to get on the freeway if they wanted to go to Wal-Mart. He also felt that the established businesses on the Talmage Road frontage road would be hurt by the change to the intersection and it would be inconvenient to the people residing in the neighborhood. Pete Passof, 155 Deborah Court, thought the proposal would be acceptable if it reduces northbound traffic on Lorraine Street. However, he felt the change would increase traffic on Betty Street as cars seek shortcuts traveling north from the Talmage Road area. He felt the Marlene Street speed humps are a better design than those on Lorraine Street. He expressed concern with the narrow width of Talmage Road near Cunningham Street for pedestrians and also bike riders traveling on the north side of Talmage Road. He identified a potential traffic hazard at the intersection of Waugh and Cooper Lanes where an open ditch exists. This area is especially hazardous during the winter months when the stream is flowing heavily. The City Council discussed the issue regarding the access to the established businesses located on the Talmage Road frontage and alternative traffic calming methods for the neighborhood such as additional speed humps. Director of Public Works Kennedy noted that the portion of the intersection modification Regular Meeting - September 2, 1998 Page 9 instituting two left-turn lanes, would meet a mitigation measure of the Redwood Business Park E.I.R. He further noted the access to the frontage road businesses would be the same as it was prior to the installation of Airport Park Boulevard. Responding to Mr. Passof's concern with the narrowness of Talmage Road, he advised that Talmage Road, from the State Street to the freeway, is considered State Highway Route 222. The City has been pursuing funding sources to widen Talmage Road. MIS KellylAshiku to approve the Proposal to Modify the Traffic Signal at Airport Park Boulevard and Talmage Road Intersection and Approve Budget Amendment in the Amount of $2,500, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, and Mayor Malone. NOES: Councilmember Mastin. ABSTAIN: None. ABSENT: None. 10. CITY COUNCIL REPORTS Councilmember Kelly reported meeting with private practioners and Bob Wolf from the Mendocino County Mental Health Department to discuss of the Grand Jury Report regarding the death of Marvin Noble. She discussed the Conditional Release Program (CONREP) and felt the information provided by Mr. Wolf would be very helpful to the City's Police Officers and recommended they pursue training in this program. In a discussion with Police Chief Williams, she found him encouraged by the opportunity to receive further training. Councilmember Ashiku reported that the citizens group will also be coming forth with recommendations for training for the Police Officers as well as providing guidelines from the Department of Justice. He will provide the City Manager with a copy of this report. Councilmernber Kelly reported on the meeting last week of the Skateboard Park Committee. Approximately 50 people attended the meeting and they were opposed to a skateboard park being located at Todd Grove Park since the park is heavily impacted already. Many supported a skateboard park in another location. A suggestion was made to have the skateboard park located at the Low Gap Park. Discussion followed supporting the Low Gap Park location because it is in close proximity to the high school where the greatest number of skateboarders go to school. This location would be easily assessable to them and they could go to the Park after 3:00 p.m. when school was out. Councilmember Kelly reported attending the League of California Cities Conference in Monterey where she was a speaker. She advised that she has information available on economic development and downtown revitalization. She also obtained information regarding partnerships with school districts and cities and counties. She attended a meeting with EDFC and a letter will be sent to the Board of Supervisors strongly urging them to make redesigning and adoption of the General Plan a top priority as it is critical to the economic development of the business community. She reported that a meeting will be held on September 12, 1998 on pesticides at the Conference Center. She discussed the article from the newspaper about the forum. A second forum will be held on October 10, 1998 regarding agriculture pesticides. Councilmember Mastin reported that Coastal Cleanup Day will be September 19, 1998 and is organized by MSWMA. He made reference to Resolutions from the League of California Cities and Council concurred that the Resolutions should be discussed at their next meeting. He received information from the Local Government Commission regarding a meeting on September 11, 1998 with their main topic of making neighborhoods safe. They also referred to the availability of energy efficient funds for municipalities. He reported meeting with MSWMA last week and discussed an inquiry by a nearby property owner who has interest in purchasing the property. They will go out for a Request For Proposal, with an 18-month buy back clause. Discussion followed concerning the proposed sale of the property. Regular Meeting - September 2, 1998 Page 10 He reported attending a meeting with MTA and discussed the Transit Center and the Railroad Depot property. RCHDC is somewhat interested in partnering but are concerned with the potential environmental cleanup of the property and also the cleanup of the private properties on Leslie Street. They discussed negations of purchasing the entire 10 acres with the possibility of being in a better position to find a partner to develop the property. The board agreed to hire an attorney, with real estate or railroad background. They did not receive one of the grants they were expecting and he expressed his concern as to why it was denied. There was discussion of the cleanup of contaminants on the railroad property in Willits. Mayor Malone recommended obtaining a copy of the original agreement with Willits with regards to the right-of-way. He also discussed the underground rights being sold to Fiber Optics. Councilmember Mastin discussed attending the bike and pedestrian plan meeting held at City Hall and felt it was very informative as the consultants throughly assessed the community. He noted that one of the main bike and pedestrian thoroughfare is located along the railroad tracks from Norgard to Ford Street. He discussed the various aspects of the plan. He noted that the right-of-way is free but the paving of the path would cost approximately $1 million. The cost of the project would be increased to $4 million if the bike route were to be extended to Hensley Creek and Mendocino College. He also discussed the paths being used by skateboards and those using roller blades. Paths going east-west were also discussed. He felt the plan has many good features and could also be used as a significant tourist attraction. Mayor Malone discussed attending the Board of Supervisors meeting with regard to designating an ambulance service. The City presented a proposal for ambulance service and noted that the City's ambulance personnel are also firefighters. City Manager Horsley reported attending the Board of Supervisors meeting regarding the ambulance provider. Franchise Fees were discussed at the meeting. She discussed speaking with Bob McAdoo of Ukiah Ambulance Service about rethinking their positions, and asking the Board for time to discuss options. The County has given the City's ambulance service and Ukiah Ambulance Service 30 days to present an agreement to the Board of Supervisors. She had positive feelings that the matter could be resolved. Travel arrangements were discussed by those Councilmembers who will be attending the joint meeting of the Redwood Empire and North Bay Divisions of the League of California Cities meeting tomorrow. 11. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley reported that the City has sent a strike force to the Lake Pillsbury area to assist in fighting the fire in a mutual aid effort. She reported that the applications for the Community Based Organization Funding will be due on soon. She solicited the assistance of two Councilmembers to sit on the subcommittee to review the applications. Councilmembers Ashiku and Chavez volunteered. She reported sending a letter to all City Council candidates for an orientation to City offices. They were also provided a copy of the Implementation Measures from the General Plan. She discussed a recent bill that was accompanied by a policy statement that was sent to private golf users. The policy referred to an insurance requirement and the letter included a statement relating to passengers riding in the cart needing to pay a fee. However, the statement was worded incorrectly. Director of Community Services DeKnoblough will be sending another letter clarifying the previous letter. He will also be contacting insurance agents to find out how the insurance could be easily obtained. 12. CLOSED SESSION None. 13. ADJOURNMENT Regular Meeting - September 2, 1998 Page 11 Mayor Malone adjourned the meeting at 9:52 p.m. Marie Ulvila, City Clerk Regular Meeting - September 2, 1998 Page 12