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HomeMy WebLinkAboutMin 10-16-02MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, OCTOBER 16, 2002 The Ukiah City Council met at a Regular Meeting on October 2, 2002, the notice for which had been legally noticed and posted, at 6:33 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Larson, Smith, Libby, Baldwin, and Mayor Ashiku. Staff present: Public Utilities Director Barnes, Administrative Analyst Burck, Community Service Director DeKnoblough, Finance Director Elton, Assistant City Manager Fierro, City Manager Horsley, City Attorney Rapport, Community Services Supervisor Sangiacomo, Planning Director Stump, Police Chief Williams, and Deputy City Clerk Riley. 2. PLEDGE OF ALLEGIANCE Mayor Ashiku led the Pledge of Allegiance. 3. PETITIONS AND COMMUNICATIONS 3a. Letter of Request from John Mayfield, Jr. Regarding City Policy Relating to Water and Annexation City Manager Horsley advised that the City has received a letter from John Mayfield, Jr., requesting that the City repeal its policy to deliver water only to properties lying within the City limits in order to work with RCHDC to build multi-unit affordable housing in the Brush Street Triangle area. Council discussion followed regarding the County's position, tax-sharing opportunities, and the input of the potential annexation consultant. Council directed City Manager Horsley to write a letter to the County regarding this issue and report back to Council. 4. APPROVAL OF MINUTES 4a. Regular Meeting of October 2, 2002 Councilmember Larson requested that the last part of his statement on page 17, beginning with "...and it's really a blessing", be stricken from the record. Clearly, he misspoke, as this phrase is inconsistent with the rest of his message. Councilmember Baldwin noted that in the second paragraph on page 17, "We have sent tonight" should be revised to read, "We have seen tonight." M/S Smith/Larson approving the Regular Meeting Minutes of October 2, 2002, as amended, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: Councilmember Libby. ABSTAIN: None. ABSENT: None. 5. RIGHT TO APPEAL Mayor Ashiku read the appeal process. 1 M/S CONSENT CALENDAR Larson/Smith approving items a through d of the Consent Calendar as follows: Regular City Council Meeting October 16, 2002 Page 1 of 10 a. c! d, Approved Disbursements for Month of September 2002; Received Report to City Council Regarding the Purchase of Services from Johnson's Quality Tree Care for the Removal of Four Trees in the Amount of $5,600; Approved Budget Amendment for Institute of Museum and Library Services General Operating Support Grant (IG-00-02-0835-02) and Department of Interior Grant (NBCH1020015); Adopted Ordinance No, 1040 Entitled Fire Prevention Code and Outdoor Burning. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN' None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address Council. al PUBLIC HEARING Public Hearing and Adoption of Resolution Approving an Application for Funding and the Execution of a Grant Agreement and Any Amendment Thereto From the Planning/Technical Assistance Allocation of the State Community Development Block Grant (CDBG) Program for a Study to Construct the Plowshares Community Dining Room Facility Assistant City Manager Fierro outlined the need for a larger Plowshares facility, as a result of the greater demand for services. Staff is requesting approval from Council to apply for funds through the CDBG Program. Public Hearing Opened' 7:10 p.m. Mary Buckley, Executive Director of Plowshares thanked the City for its support and acknowledged that Plowshares has also received letters of support from Senator Chesbro, Assemblymember Strom-Martin, and Supervisor Shoemaker. She indicated that while their plans are not necessarily site specific, they are in the process of conducting a feasibility study on one site. Public Hearing Closed: 7:12 p.m. M/S Baldwin/Larson adopting Resolution No. 2003-10 Approving an application for funding and the execution of a Grant Agreement and any amendments thereto from the Planning/Technical Assistance Allocation of the State CDBG Program, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. aw PUBLIC HEARING Public Hearing Regarding Notification of Award of Supplemental Law Enforcement Services Fund, Citizens Option for Public Safety (COPS) Grant in the Amount of $100,000, Discussion of Fund Allocation, and Approval of Budget Amendment Regular City Council Meeting October 16, 2002 Page 2 of 10 Police Chief Williams explained that the receipt of the Citizen's Option for Public Safety (COPS) Grant in the amount of $100,000 requires a public hearing and a budget amendment. As Council has previously requested the addition of a traffic enforcement officer, staff recommends utilizing these funds for that purpose. Public Hearing Opened: 7:15 p.m. No one came forward to address Council. Public Hearing Closed: 7:15 p.m. M/S Baldwin/Larson approving Department Spending Plan and approving the amendment to the 2002/2003 budget increasing revenue in account 205.0600.488.003 by $100,000 and expenditures in account 205.2001 .xxx.xxx by $100,000, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 9. UNFINISHED BUSINESS 9a. Approval of Funding Option for Traffic Enforcement Officer Police Chief Williams advised that in order to pursue the hiring of a traffic enforcement officer, staff has identified three potential sources for funding. After thorough consideration of availability of funds and timelines, staff recommends the utilization of the $100,000 COPS grant. Councilmember Baldwin inquired as to the availability of a patrol car for the new officer, and what portion of the officer's time would be devoted to public education. Police Chief Williams responded that an additional car would need to be purchased, and that staff is investigating potential sources of funding. Although the majority of the new officer's time would be spent of traffic enforcement, public education would remain a priority. Councilmember Baldwin asked if staff anticipates any difficulty in recruiting for this position, and if staff considers it significant or important to hire a Spanish-speaking officer. Police Chief Williams explained that some interest in this position has already been expressed, and that current police staff may see this as an opportunity for change or growth. While it is preferable that the new officer is bilingual, staff is concerned that the statewide competition for such employees might unreasonably prolong the hiring process if it is required. Williams further explained that the new position would be permanent, full time, and on a flexible schedule. He also noted that in the meantime, his staff has been focusing on traffic issues and that there has been a marked increase in citations in the past month. Ana Araiza expressed concern regarding the Iow number of bilingual officers on staff. Mary Lindley reported that it is her impression there is strong support in the community for at least one traffic officer as soon as possible. Regular City Council Meeting October 16, 2002 Page 3 of 10 Paul Andersen inquired as to whether the new officer would be part of community response team. M/S Smith/Libby approving Option #1 for implementation of a traffic officer position, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10a. Discussion and Approval for Development of a Community Survey City Manager Horsley advised that funding was approved for the 2002-2003 fiscal year to develop a community survey. At this time, staff is requesting permission to go ahead with the development stage of this survey, a process that may take several months, but should cost less than $700. Councilmember Baldwin expressed his belief that no survey is unbiased, and therefore, it is unnecessary to hire a professional firm for this task, as it can and should be done by Council and staff. Furthermore, the upcoming election is in itself a form of survey, and any decision on this matter should be postponed until the next Council is in place. Mayor Ashiku and Councilmembers Smith and Larson expressed that because elections are not necessarily based on truth, a survey would be more objective. Gig Hitao, Director of Datatrends, addressed the Council and presented an overview of their services. He explained that Datatrends has a tremendous amount of experience in conducting surveys, and provides the time, methodology, and anonymity necessary to perform an effective survey. He also clarified that the company would meet with the new City Council to get input regarding issues to be addressed in the survey. M/S Smith/Ashiku authorizing staff to proceed with development of a community survey, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10b. Approval of Request for Proposals (RFP) for Housin_q Element Update and Approach to Managin_q Project Planning-Director Stump advised that $50,000 has been budgeted for the Housing Element Update and staff is seeking input from Council regarding the process and the formation of a steering committee, post November election, to oversee the project. He explained that the there may be some coordination between the anticipated annexation consultant and the steering committee. M/S Ashiku/Smith approving the Request for Proposals and supporting staff's approach to managing the Housing Element update program, including the formation of a steering committee, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. Regular City Council Meeting October 16, 2002 Page 4 of 10 10. 10c. NEW BUSINESS Authorization of the City Mana_qer to Negotiate and Enter into a Professional Consulting Services-Agreement with Brown and Caldweli Environmental Engineers and Consultants to Provide Design Services anu Prepare Construction Documents for the City of Ukiah's Wastewater Treatment Plant Improvement Pro!ect Mayor Ashiku presented a letter from Kennedy/Jenks, the company which was not awarded the bid for the project. City Attorney Rapport summarized the letter to say that Kennedy/Jenks believes that statements in the staff report defame their company and insinuate that they are not qualified to do the work. Rapport also summarized the staff report to say that it is lengthy and thorough, and that he believes the potentially offensive language could be revised and brought back to council under Consent Calendar. In the meantime, the letter should be submitted as record. Administrative Analyst Burck apologized for any misunderstanding created by the staff report, stating that it was not the City's intent to defame Kennedy/Jenks. Staff has agreed to revise the staff report in order to eliminate the language in question, and will present it at the next meeting. She explained that these revisions will not change the intent of report or staff's recommendations. Ms. Burck further outlined the bid process, explaining that staff was looking for innovative ideas, expertise, and high recommendations in the selection process. Councilmember Libby asked if when the City went out for proposals, it was clear that the lowest bid was not necessarily going to be the deciding factor. Administrative Analyst Burck replied and Attorney Rapport concurred that it was made clear and that in engineering and design contract RFP's, priority is not necessarily given to the lowest bid. Jim Graydon of Kennedy/Jenks addressed the Council and restated his company's request not to throw out the bid, but to rephrase some of the language in the staff report. It was the consensus of Council to revise and resubmit the staff report. Councilmember Baldwin noted that there is a significant difference in the cost of the proposals, and asked if it will be made up in construction costs. Administrative Analyst Burck responded that although the committee believes that will be the case, there is no guarantee. The intention is that a good design will head off problems down the road. Councilmember Baldwin inquired as to the relationship of the current proposal and ultimate buildout plans, and whether an Environmental Impact Plan was performed. Regular City Council Meeting October 16, 2002 Page 5 of 10 Public Utilities Director Barnes responded that input would be needed from City and County planners, as well as the Sanitation District, regarding the long-range plans, and that an EIR is part of the proposal. He further clarified that staff will provide progress reports at various stages of the project to answer questions from Council. M/S Smith/Ashiku authorizing the City Manager to negotiate and enter into a Professional Consulting Services Agreement with Brown and Caldwell Environmental Engineers and Consultants for design services and preparation of construction documents for the City of Ukiah's Wastewater Treatment Plant Improvement Project, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10d. Update to Council Regarding Capacity Issues at Wastewater Treatment Plant Wastewater Treatment Plant Supervisor Gall advised that the Treatment Plant is near and has on occasion exceeded its capacity for certain discharge parameters. Therefore, staff is recommending that until the engineering consultant can assess the Treatment Plant's ability to accept new hookups and evaluate modifications that might help remedy the situation, the City should cease issuing will-serve letters and prepayments. He further clarified that the Sanitation Board has recently taken similar action regarding prepaid service. M/S Smith/Baldwin directing Staff to implement the recommendations stated in the Staff Report, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10e. Acceptance of Proposal for Software Development; Approval for City Mana_ger to Negotiate and Sign Contracts with Avenir Systems, L.L.C. for Joint Application Development Finance Director Elton summarized the City's extensive software research process, and explained that Avenir Systems clearly stood above the other proposals. The Avenir System will allow interfacing of various departments, while bringing utility billing, payroll, franchise operations, and other finance services up to present technological standards. The entire staff has had an opportunity to review and participate in the software selection process, and recommends that the City of Ukiah enter into a Joint Application Development Agreement with Avenir Systems L.L.C. Councilmember Baldwin requested clarification regarding the expense of the new system to ensure that the total cost is truly a "not to exceed fee", and inquired as to the learning curve during implementation and the issue of obsolescence. Finance Director Elton confirmed that the total cost is indeed a "not to exceed fee", and explained that while the learning curve is inherent in the process, staff has plans to train and implement the new software over a gradual period of time. Further, because Regular City Council Meeting October 16, 2002 Page 6 of 10 the Avenir System can be reprogrammed at any time, it is specifically designed to avoid obsolescence while minimizing impact to other departments. M/S Baldwin/Ashiku accepting the Joint Application Development Agreement from Avenir Systems, L.L.C. for Customer Information System, Financial System, Payroll and Human Resource System, Community Development System, and Other Applications for a total of $571,012, and authorizing the City Manager to complete negotiations with Avenir Systems and Sign the Joint Application Development Agreement, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10f. Consideration of Request to Mendocino County Board of Supervisors for City of Ukiah Participation in Distribution of County's Allocation of State Park Bond Funds Community Services Director DeKnoblough advised that in response to the significant use of City facilities and programs by residents of the unincorporated areas, staff is proposing the Council request a portion of the County's $1,200,000 in allocated bond funds from Prop 40. The City of Ukiah bears the burden for providing services to the majority of the surrounding area, and receives significantly less money in park bond funds. Therefore, staff has drafted a letter to the County requesting the sharing of Prop 40 funds, and is requesting the direction of Council. Community Services Supervisor Sangiacomo explained that the City's request is further substantiated by enrollment in classes. The Community Services Department estimates that approximately 40,000 people are being serviced, thereby creating a strain on resources, staff and equipment. Additionally, an inequity between other areas in Mendocino County exists, with Ukiah receiving the lowest share of park bond funds. City Manager Horsley recommended including the breakdown of inequity in the letter to the County. M/S Smith/Ashiku authorizing the Mayor to sign and forward the letter, amended to include a breakdown of the inequity of park bond funds, to the Board of Supervisors requesting participation in Mendocino County's distribution of its allocated park bond funds, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10g. Approval of Search for Annexation Consultant City Manager Horsley advised that money has been budgeted from Fund 699 for an annexation consultant, to be used at an appropriate time. As there are several potential annexation-related discussions to come before Council in the next 6-8 months, staff is requesting Council's approval to proceed with the process of hiring a consultant. M/S Larson/Smith directing staff to proceed with the search for an annexation consultant, carried by the following roll call vote: AYES: Councilmembers Larson, Regular City Council Meeting October 16, 2002 Page 7 of 10 Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. None. ABSTAIN' None. ABSENT: 10. NEW BUSINESS 10h. Request by the Martin Luther Kin_el, Jr. Day Committee for City Sponsorship Linda McClure, of the Martin Luther Kin-g, Jr. Committee, addressed the Council tu outline the Committee's list of requests for City participation in the celebration of Martin Luther King, Jr. Day. City Manager Horsley requested additional information regarding the nonprofit status of the MLK Jr. Committee. Ms. McClure explained that the MLK Jr. Committee has operated under the umbrellas of other non-profit organizations, and informed the staff and Council that she would obtain additional information regarding this question. M/S Smith/Ashiku approving requested support of Martin Luther King, Jr. Day 2003, pending adequate proof of non-profit status is provided to the City Manager, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES' None. ABSTAIN: None. ABSENT: None 10. NEW BUSINESS 10i. Discussion of Council Code of Ethics Policy Mayor Ashiku advised that staff has provided Council with two sample Codes of Ethics at Council's request. He suggested that the timing of this item is appropriate because of the upcoming election. Councilmember Baldwin referred to the Code of Conduct for Sunnyvale and indicated that he was in favor of addition similar wording to the City of Ukiah's code regarding sanctions on Councilmembers and Council conduct with City staff. Mayor Ashiku concurred, and expressed that the Sunnyvale code is very thorough, particularly in procedures for dealing with public and staff. Councilmember Larson expressed that the distinction between a code of conduct and code of ethics is unclear. He did not feel that all sanctions in the Sunnyvale Code are appropriate, noting that it does not address the subject of grandstanding or substance abuse, and expressed his concerns that sanctions might be inappropriately punitive and politically motivated. Further, he indicated that the adoption of a Code of Ethics might create an "unequal playing field" between Councilmembers who were bound by it and candidates who are not. Mayor Ashiku explained that he is concerned with conduct within the Council Chambers and the need to focus on the topic at hand and interactions between members, staff and public, instead of furthering individual political agendas. He feels that sanctions are important because some issues deserve recourse, and cannot wait until recall. It is his understanding that any sanctions would be subject to 4/5 vote and review. Regular City Council Meeting October 16, 2002 Page 8 of 10 Councilmember Baldwin proposed the formation of a subcommittee to construct a preliminary document. Mayor Ashiku agreed, and indicated he would be willing to meet with Vice-Mayor Baldwin to do this. Council discussion followed regarding the application of a Code of Conduct around the clock, as opposed to just in the Council Chambers. Councilmember Baldwin recommended caution regarding first amendment rights, and indicated that he would like to focus on relations between Council and City staff and public. City Manager Horsley expressed that she would appreciate more direction from Council in dealings with staff. Mary Lindley addressed the Council, concerned that it is her belief that the City has a very good policy/procedures for conduct, and that it shouldn't legislate people's private lives and shouldn't sanction people for actions taken outside Council Chambers. She agrees that there is a need to polish language in the Code, and that procedures for meetings need to be clarified. Regarding new members, she believes they should familiarize themselves with the City of Ukiah's Code of Conduct before entering into service. Ana Araiza addressed Council, stating that as a candidate, she would expect to have rules in place and in writing. She would also expect the right to make new policy and changes as needed. It was the Consensus of Council to allow Mayor Ashiku and Vice-Mayor Baldwin to review sample Codes and provide a recommendation to Council at the second meeting in November. 11. COUNCIL REPORTS Councilmember Larson reported that the Senior Center has received audits for the last three years, all indicating that their finances are in order. Councilmember Smith reported on his attendance at a Main Street Board meeting, noting that their income is ahead of last year. They previewed a 1937 film about Ukiah, and he suggested that Council review it as well. The Design Committee is working on the downtown brochure, and the program is being reviewed for the National Main Street Program. He also attended IWPA last week, where they discussed outflow from Lake Mendocino and the proposed Russian River Watershed Council. Councilmember Libby reported that the Ukiah Valley Cultural and Recreation Center has approved Coca-Cola as a sponsor, which will provide $50,000 over 10 years. Regular City Council Meeting October 16, 2002 Page 9 of 10 Councilmember Baldwin reported that he attended the recent Ukiah Valley Sanitation District Meeting, where there was discussion regarding a developer who wanted to develop over 70 units and who wanted to create moratorium on hookups in order to protect his investment. 12. CITY MANAGER/CITY CLERK REPORTS City Manager Horsley reported that the City would be starting one million dollars worth of street projects within the next couple of weeks. Also, the Russian River Flood Control District has passed a resolution regarding water conservation, which does not necessarily affect the City's usage. At the next Council meeting, staff will review the City's emergency water policy. Also, City employees have put together a blanket drive for the homeless shelter. Recessed at: 10:38 p.m. Reconvened at: 10:43 p.m. and Adjourned to Closed Session. 13. CLOSED SESSION G.C. §54956.9(a) - Conference with Legal Counsel - Existing Litigation Name of Case: Shoemaker v. City of Ukiah, Mendocino County Superior Court Case No. SCUK-CVG 00-83789 13. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 11:30 p.m. Shannon Riley, Deputy City Clerk Regular City Council Meeting October 16, 2002 Page 10 of 10