HomeMy WebLinkAboutMin 09-16-98MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting
Wednesday, September 16, 1998
The Ukiah City Council met at a Regular Meeting on September 16, 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: Public Utilities Director Barnes, Finance Director Elton,
Waste Water Treatment Senior Plant Operator Gall, Personnel Officer Harris, Risk
Manager/Budget Officer Harris, City Manager Horsley, Public Works Director Kennedy,
City Attorney Rapport, Fire Chief Sandelin, Planning Director Sawyer, Senior Planner
Stump, and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Mayor Malone led the Pledge of Allegiance.
3. PROCLAMATIONS/PRESENTATIONS:
3a. Proclamation: Designating October as Domestic Violence Awareness Month
Mayor Malone read the proclamation and Jani Shepard accepted on behalf of Project
Sanctuary. Ms. Shepard thanked the City for its support of Project Sanctuary in its efforts
to help women and children who are victims of domestic violence.
3b. Proclamation: Voter Registration Week: September 28-October 5, 199R
Mayor Malone read the proclamation designating Voter Registration Week as September
28 - October 5, 1998. He noted Staff has made Voter Registration cards available to the
public as they pay their utility bills and posters have been placed in various locations
reminding people to register to vote before the October 5, 1998 deadline.
3c. Presentation by Phil Dow Regarding Increased Funding For Transportation
Equity Act (T.E.A.)
Phil Dow, Mendocino Council of Governments (MCOG) Planning staff member, discussed
new Federal Legislation regarding the Transportation Equity Act for the 21st century
(T.E.A.-21). He discussed how Federal Legislation will affect the City of Ukiah and
reviewed the funding categories.
1. RTIP Funding: (Regional Transportation Improvement Program)There will be
additional funding available for programming in the 2000 STIP. There may be a
one-time program to make these funds available for maintenance due to storm
damage and rehabilitation work on local streets. He advised that the term
"maintenance" refers to patching pot holes in streets, whereas "rehabilitation" would
involve an overlay of the street.
2. RSTP Funding: TEA-21 will continue to distribute Regional Surface Transportation
Program funds directly to the counties and also directly to the regional agencies
(MCOG). Funding to each jurisdiction anticipated.
3. Local TEA Share: Under SB45, TEA funds will be forwarded directly to MCOG by
statewide formula and be available for programming any eligible TEA projects as
they see fit.
4. State TEA Share: Caltrans will retain 25% of all TEA funds in the State. One half
of this (12.5% of total) will be used for projects of statewide and interregional
interest. These funds may be available for enhancements to programmed State
highway improvement or rehabilitation projects within or adjacent to the City. He
noted that if Talmage Road (SR 222) were targeted for widening by Caltrans,
perhaps State TEA Share money would be available to add bikeways, landscaping,
etc., which are not normally funded.
5. Priority Projects: TEA-21 identified hundreds of Priority (or demonstration) projects
which will receive specific funding allocations. This should mean that MCOG can
replace at least our local share (about $200,000) of the cost and make it available
for local programming in 1999 or 2000. He discussed money available for local
projects.
Other Federal Programs: He discussed TEA-21 increases in the amount of federal
revenue devoted to several other federal programs such as Highway Bridge
Rehabilitation and Replacement (HBRR).
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Mr. Dow discussed the Federal funding program and its strict guidelines. If SB427 is
passed by the Legislature, MCOG expects to receive the funds within two months for both
the TEA-21 and SB45 funding programs.
When questioned by Mayor Malone regarding two major projects of the City's (widening
of Talmage Road and the reconstruction of Orchard Avenue), Mr. Dow felt the City would
have a good chance of receiving funding through RSTP for capital improvements, noting
they anticipate approximately $200,000 per year. A proposal to define how the funds
would be distributed will go before MCOG on October 5, 1998.
City Manager Horsley inquired if the City could use the funds to reimburse their General
Fund for the cost of the project if General Fund money were used to complete the project.
Mr. Dow was unsure, but thought the City could use the money allocated to it for whatever
purpose - whether for a specific street project, or to reimburse the General Fund for a
street expense. He discussed MCOG's role in cost over-runs on projects.
4. APPROVAL/CORRECTION OF MINUTES
a. Regular Meeting of September 2, 1998
MIS Ashiku/Chavez to approve the minutes of the Regular Meeting of September 2, 1998
as submitted, carried by the following roll call vote: AYES: Councilmembers Chavez,
Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT:
None.
S. RIGHT TO APPEAL DECISION
Mayor Malone reviewed the appeal process.
6. CONSENT CALENDAR
MIS Ashiku/Mastin to approve items a-f of the Consent Calendar as follows:
a. Approved Disbursements for the Month of August 1998;
b. Received Report Regarding Expenditure For The Management/Production Contract
For The 1999 Sundays In The Park Concert Series;
c. Denied Claims for Damages Received From Laban Menton, Benjamin Sabastian,
and Gregory Taylor, and Referral to Joint Powers Authority, Redwood Empire
Municipal Insurance Fund;
d. Adopted Ordinance No. 1011 Amending the Official Zoning Map To Change the
Zoning on Four (4) Parcels of Land From "C1" (Community Commercial) to "RI"
(Single Family Residential), Located on the East Side of North Oak Street Between
Henry Street and Gibson Creek;
e. Adopted Ordinance No. 1012 Amending the Official Zoning Map To Change the
Zoning on a Parcel Located at 140 Luce Avenue from "RI" (Single Family
Residential) to "CN" (Neighborhood Commercial);
f. Approved Adjustment To Apprentice Line Attendant Salary Range.
The motion carried by the following roll call vote: AYES: Councilmembers Chavez,
Ashiku, Kelly, Mastin, and Mayor Malone NOES: None. ABSTAIN: None. ABSENT:
None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Warren Sawyers, 1081 Helen Avenue, commended City Manager Horsley for her work as
City Manager and working well with the public. He was happy to see the City Council
pursuing funding for street improvements. He advised that he has experienced on-going
problems with staff in his pursuit to construct a garage on his property. He is trying to
resolve the issue with staff without taking legal action against the City.
8. PUBLIC HEARING
a. Adoption of Resolution Setting Industrial Waste Discharge Rates For Fiscal
Year 1998-99 and Introduction of Ordinance Amending Division 4, Chapter 2,
Article 8, Section 3707.9 of the Ukiah City Code Establishing Industrial Waste
Rates, Time Period Requirements For Adjustments and Method For
Determining Equivalent Sewer Service Units For Certain Industries
Director of Public Utilities Barnes advised that under Division 4, Chapter 2, Article 8,
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Page 2
Section 3707.9 of the Ukiah Municipal Code, the City is required to adjust the rates for
industrial waste producers semi-annually, noting the rates have not been adjusted since
1992. Since the new treatment plant has been in operation for a year, the fees should be
upgraded and recommended they be upgraded on a yearly basis thereafter. At the
present time, the City has three customers that fall under industrial waste rates: Georgia
Pacific, City of Ukiah Landfill, and Mendocino Brewing Company.
There was some discussion concerning the volume used per customer.
Public Hearing Opened: 7:36 p.m.
No comments received.
Public Hearing Closed: 7:37 p.m.
MIS Mastin/Kelly to adopt Resolution 99-16, Setting Industrial Waste Discharge Rates For
Fiscal Year 1998-99 and Introduction of Ordinance Amending Division 4, Chapter 2, Article
8, Section 3707.9 of the Ukiah City Code Establishing Industrial Waste Rates, Time Period
Requirements For Adjustments and Method For Determining Equivalent Sewer Service
Units For Certain Industries, carried by the following roll call vote of all AYE: Chavez,
Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT:
None.
MIS MastinlKelly to introduce by title only Ordinance Amending Division 4, Chapter 2,
Article 8, Section 3707.9 of the Ukiah City Code Establishing Industrial Waste Rates, Time
Period Requirements For Adjustments and Method for Determining Equivalent Sewer
Service Units for Certain Industries, carried by a voice vote of all AYE.
Recording Secretary Ulvila read the ordinance by title only.
MIS MastinlKelly 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.
9. UNFINISHED BUSINESS
a. Award of Contract to Parnum Paving Inc. For Orchard Avenue Reconstruction,
Specification No. 98-12 In The Amount of $396,441 and Authorize Budget
Amendment Transfer of $45,688 From Account 301.9833.250.000 Rail Grade
Crossing At Gobbi Street
Public Works Director Kennedy advised that the reconstruction of Orchard Avenue is a
high priority project and noted the street is in worse condition than Perkins Street. The
City received one sealed proposal from Parnum Paving Co., Inc. in the amount of
$396,441. The Engineer's Estimate for the project is $388,457. He reported that funds
in the amount of $375,000 have been budgeted for this project and the amount of $24,247
has been obligated for the design and preparation of the contract documents by a
consultant. This would leave a balance of $350,753 for construction of the project. The
difference between the balance available of $350,753 and the Iow bid of $396,441 is
$45,688.
He reported that staff evaluated other budgeted projects in the context of potential SB45
funding and safety/hazard reduction to determine if funds were available within the Gas
Tax accounts. Currently budgeted in the same Gas Tax Fund (2107) is the Improvement
of the Gobbi Street Rail Grade Crossing. After review and consideration of these two
projects, staff felt that the Orchard Avenue reconstruction is of higher priority than the rail
crossing improvement and that future SB45 funds could be used for this latter project. He
discussed the matter with the City Manager and they recommend that the City Council
approve the reallocation of $45,688 from the Gas Tax Fund in order to proceed with the
Orchard Avenue improvement project.
City Manager Horsley discussed the forecasted weather prediction for this winter and
noted heavy rains are expected in November and December, with normal rainfall expected
in January. This allows a short timeframe in which to complete the Orchard Avenue
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Page 3
improvements before there is further deterioration to the street. She noted that Public
Works Director Kennedy will present a priority list of street improvement projects to
Council in October.
Discussion followed concerning various street improvement projects throughout the City
and the possibility of receiving funding through SB45 or other funding sources, as outlined
by Phil Dow earlier in the meeting.
MIS Ashiku/Mastin to award contract to Parnum Paving, Inc. for Orchard Avenue
Reconstruction, Specification No. 98-12 in the amount of $396,441 and authorize Budget
Amendment Transfer of $45,688 from Account 301.9833.250.000 Rail Grade Crossing At
Gobbi Street, carried by the following roll call vote: AYES: Councilmembers Chavez,
Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT:
None.
9b. Approval of Process Needed For Structural Inspection Of The Palace Hotel
Building
City Manager Horsley advised that since Eladia Ganulin purchased the Palace Hotel in
1990, a series of letters have been sent regarding various remediation issues, most of
which were addressed quickly. She reported meeting with Ms. Ganulin, several years ago
to discuss the possibility of improving the aesthetics of the building and to initiate the
leasing of various portions of the lower floor to turn the building into a viable and
respectable presence in the downtown area. Ms. Ganulin was very receptive to this idea
and immediately brought workman to the site to make some repairs. Over the years, the
City has continued to work with local real estate broker, Gary Nix, to assist with the sale
of the building, however, the City was recently notified that Gary Nix is no longer the local
broker for this property.
She reported that for many years, the Palace Hotel has not been heated and several roof
leaks have resulted in water damage within the interior. The City has not been allowed
into the building for any type of structural inspection. The Fire Chief has informed her that
if there is a fire at the Palace, the Fire Department will not enter the building as they are
apprehensive about the danger of collapsing floors due to water damage and potential
wood rot. If there is someone inside the building, the firefighters would feel compelled to
respond. The safety of pedestrians walking around the perimeter of the Palace is in
questions as there are bricks that have been damaged and are missing from the building's
exterior.
In accordance with Housing Code Section 201, "an owner or owner's designated agent
shall be responsible for maintaining buildings in a sound structural condition, and shall be
responsible for keeping all parts of the building and premises in a clean, sanitary, and safe
condition." The City's Municipal Code Section 3300 describes unsafe or dilapidated
buildings as nuisances and Sections 3301 through 3310 describe the process to make
such a declaration. Due to the potentially dangerous condition of the Palace Hotel, City
Staff requests Council's approval to ask permission of the property owner to enter the
building and have a structural engineer determine if the building is structurally sound. If
permission from the property owner is not received, Staff would seek an administrative
warrant to inspect the building. Once the structural engineer has completed their report,
staff will return to the City Council to determine if there is any further action to be taken.
Discussion followed concerning the Fire Department's concerns with entering the building.
The historical significance of the building was noted and discussion followed concerning
the availability of funding to rehabilitate the structure to comply with code standards. The
lack of potential buyers and possible uses for the building were discussed.
Consensus of Council was to encourage the property owner to attend the City Council
meeting when the matter is agendized.
Councilmember Chavez recommended the Main Street Program be contacted regarding
potential uses for the building.
MIS Ashiku/Mastin directing Staff to proceed with the process of determining the
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Page 4
structural integrity of the Palace Hotel building and to immediately contact the property
owner for permission to enter the building, carried by the following roll call vote: AYES:
Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None.
ABSTAIN: None. ABSENT: None.
11. CITY COUNCIL REPORTS
Councilmember Kelly reported that the basket exhibit is not longer at the SunHouse and
a new show on textiles will begin September 26, 1998. There will be an exhibit of
paintings this summer to coincide with the 20th anniversary of the Museum. She reported
that a hangar at the Airport has been storing over 4,000 books and the Museum is making
plans to utilize them soon.
A skateboard competition is scheduled for September 26, 1998. She discussed the
Skateboard Park Committee and its efforts to obtain the Low Gap Park site for a
skateboard park.
Councilmember Mastin reported attending the Russian River Watershed Community
Council (RRVVCC) meeting on September 12, 1998. He discussed difficulties at the
meeting with the RRVVCC membership at 64 and that a consensus vote of the RRVVCC
was taken to increase the representation. RRVVCC identified over 60 issues but had
difficulty prioritizing them, with no resolution determined. Their next meeting is scheduled
for October 3, 1998.
He advised that on September 19, 1998 there will be a celebration of the Russian River
to be held on Tomki Road at the headwaters of the Russian River. The closing celebration
will be on September 26 in Jenner.
He reported that he and Bruce Richards, from MTA, met with a real estate attorney in
Santa Rosa and obtained information relevant to the Railroad Depot property. They
discussed cleanup of the property and the possibility of groundwater contamination from
that particular property or from another source.
He expressed his concern with the wording of the November 3, 1998 Ballot Measure but
was advised by City Attorney Rapport that the wording for the measure is derived from the
statute which states how a measure should be worded.
Councilmember Mastin advised that a MTA sponsored "transit rodeo" will be held at
Mendocino College on September 20. Various teams from transportation agencies will be
competing.
Mayor Malone reported attending a meeting of the Mendocino Inland Power Commission.
He also advised that the annual car show will be held this weekend along School Street.
Over 300 cars are expected.
City Manager Horsley advised that this is the first year that a Saturday night cruise will
be held in conjunction with the car show and should be a real crowd pleaser.
Mayor Malone reported meeting with Ukiah Unified School District (District) and County
representatives regarding the proposed school site on South State Street. The District will
be evaluating the existing buildings on the property. They would like to incorporated the
Adult Education School on the same property and may utilize a vacant building in the
adjacent shopping center. The District proposes to locate the school buildings in the rear
portion of the property. He advised the District that the City has no interest in any of the
buildings on the site, however, there may be interest in using part of the property for
recreational purposes. He was encouraged by the progress they are making.
12. CITY MANAGER/DIRECTOR REPORTS
City Manager Horsley advised that the City received 19 applications for Community
Based Funding and Councilmember Chavez and Ashiku volunteered to review the
applications.
She reported that the City's Police Department received a grant to fund an officer and
Regular Meeting - September 16, 1998
Page 5
equipment to work with students at Pomolita School, in the amount of $30,000. The City
continues to support a part time security officer at the high school.
She advised that she has met with Ukiah Ambulance and will meet with the Firefighters
tomorrow morning. She felt they are close to an agreement.
She reported receiving information from the Mendocino College Native American Advisory
Committee requesting the City's endorsement of The Native American Celebration
Fundraising Golf Tournament Day to be held on September 26, 1998.
Council directed the City Manager to send a letter of support to the Committee and the
Mayor will sign it.
She noted that Community Development Director Larry DeKnoblough attended the recent
herbicide seminar. The main topic of discussion centered on chemicals used in
households. He also attended a Caltrans meeting regarding the use of gluten corn as a
replacement for toxic herbicides.
She reported meeting with the concerned citizens group for three hours this week. Sonya
Nesch, an advocate for mental health reform, presented some helpful information to the
group. Plans are being made for Police Chief Williams to meet with the Mendocino County
Mental Health Department and also the Sheriff's Department regarding a joint training
effort concerning mental health patients. Ms. Nesch will assist in the training.
13. CLOSED SESSION
Mayor Malone announced the Closed Session agenda as follows:
G.C. §54957.6 - Conference With Labor Negotiator
a. Employee Negotiations - Misc. Unit.
The City Council adjourned to Closed Session at 9:56 p.m.
The Council reconvened from Closed Session at 10:20 p.m. No action was taken.
13. ADJOURNMENT
The meeting was adjourned at 10:20 p.m.
Marie Ulvila, City Clerk
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