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HomeMy WebLinkAboutMin 01-21-98184 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting - January 21, 1998 A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 6:31 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, Califomia. Roll was taken and the following Councilmembers were present: Chavez, Kelly, Mastin, and Mayor Malone. Absent: Councilmember Ashiku. Staff present: Electric Supervisor Bartolomei, Community Services Director DeKnoblough, Finance Director Elton, Assistant City Manager Harris, City Manager Horsley, Public Works Director Kennedy, Public Safety Director Keplinger, Police Administrative Captain McBride, City Attorney Rapport, Fire Operations Chief Sandelin, Police Operations Captain Williams, and City Clerk Henderson. Mayor Malone announced item 8b, the Public Hearing of the Appeal of Planning Commission Denial of Use Permit #97-39, would be continued to the next regular meeting, February 4, 1998. 2. Pledge of Allegiance Mayor Malone led the Pledge of Allegiance. 1 Special Order of Business Commendation for Wayne McBride for Work Related to the Police Activities League City Manager Horsley noted the extensive effort Police Captain McBride has given to the establishment and day-to-day operation of the Ukiah Police Activities League (PAL), designed to serve the youth of this community. Captain McBride has done this as a volunteer, giving of his personal time to make PAL a tremendous success. Public Safety Director Keplinger praised Captain McBride for his dedication to the youth of Ukiah, noting he is an individual of high integrity with great commitment to bettering his community. Mayor Malone presented the Commendation to Captain McBride. . Approval/Correction of Minutes Regular Meeting - December 17, 1997 Councilmember Kelly offered an amendment to the draft Minutes of December 17, 1998, asking to have included the following in her Council report: "She attended a Mendocino County Air Quality Management District Meeting and noted the District's Requests for Proposals for an Air Quality Plan satisfy the Council's concerns regarding California Environmental Quality Act requirements." MIS Mastin/Kelly to approve the Minutes of the Regular Meeting of December 17, 1997, as amended, carried by the following roll call vote: AYES: Councilmembers Chavez, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberAshiku. 5. RIGHT TO APPI~AL DECISION Mayor Malone reviewed the appeal process. 6. CONSENT CALENDAR MIS MastinlKelly to approve the Consent Calendar as follows: ao bo d. e. f. ho Denied Claim for Damages Received from Kagelini Kabinets, Inc., Grace Frost, and Gail Marie Morley, and Referred to City Insurance Carrier, REMIF; Approved Disbursements for the Month of December 1997; Adopted Resolution No. 98-20, Approving Qualified Contractors List for 1998 Calendar Year; . Adopted Resolution No. 98-21, Eliminating On-Street Parking and Establishing a No- Parking Zone on the East Side of Main Street Between Gobbi Street and Marshall Street; Approved Budget Amendment for Personnel Department for Costs Associated with Civil Service Board Activities; Received Notification Regarding the Purchase of Liquid Polymer; Approved Budget Amendment for Recreational Facility Feasibility Study Expenditures - CDBG Grant # 97-STBG-1175; Approved Budget Amendment for Institute of Museum and Library Services Grant; Regular Meeting - January 21, 1998 Page 1 185 j. m. Adopted Resolution No. 98-22, Accepting a Portion of Hospital Drive into the City Maintained Street System; Authorized the Mayor to Sign a Letter to Our Senators and State Representative Stating Our Opposition to Senate Bill 1483; Awarded Bids for Various Pole and Pad Mount Transformers and Rejected Bids for 5 and 10 KVA Pad Mount Transformers; Adopted Resolution No. 98-23, Approving Sale of Surplus Property and Authorizing the City Manager to Execute Agreements, as to Assessor's Parcel No. 156-160-06 & 156-180-03; and Adopted Resolution No. 98-24, Establishing Procedures for Conducting Administrative Hearings Requested Pursuant to Vehicle Code Section 40215. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address the Council. As it was not yet time for the items 8a, Public Hearing portion of the meeting, the CounCil proceeded to UNFINISHED BUSINESS. The representatives of the BMX program were not yet available to discuss item 9a. 9b. Approval of Settlement Agreements, City of Ukiah v. Invest Financial Corporation, et al__~. This matter was taken up in Closed Session at the end of the meeting. No action was taken. . UNFINISHED BUSINESS Presentation by Phil Dow and Discussion of SB45 Phil Dow, Mendocino Council of Governments (MCOG) staff member, presented an overview of Senate Bill 45 and its affect on transportation funding. Significant to Mendocino County is the provision of the bill which will allow MCOG to specify which projects the local portion of State Transportation Funds should be directed. Regional Improvement Program funds available to Mendocino County in this funding cycle total $17.3 million. These funds must be used for capital improvement projects, not operations and maintenance. MCOG has the flexibility to direct these funds to various types of capital improvements, not just state highway improvements. For years, the number one priodty for State Transpodation Funding in Mendocino County has been the construction of a Willits bypass, even though there are many other needs. It is his recommendation to earmark the bulk of the currently available funding, $16.5 million, to the Willits bypass. The Council had a number of questions regarding the total funding requirements for the Willits bypass and possible environmental challenges thereto, as well as the possibility of using these funds for other modes of transportation and on projects other than state highway 101, such as county roads and city streets. Public Works Director Kennedy noted these funds can be reserved now for projects in the future. Mr. Dow stated the guidelines for the use of these funds preclude use on rail projects unless it is for passenger related rail service. Mayor Malone disagreed. MIS MalonelMastin to not support a 4-lane Willits bypass, and ask MCOG to put together a Regional Improvement Program based on local priorities. Mayor Malone offered an amendment to his motion specifically to include funding in the program for rail transportation. The amendment died for lack of a second. The motion carried by the following roll call vote: AYES: Councilmembers Chavez, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberAshiku. Mayor Malone once again announced item 8b was continued to February 4, 1998. . PUBLIC HEARING - 7:00 p.m. Adoption of Resolution Increasing to $65.00 the Fee for the Release of Stored or !mpounded Vehicles and Establishing a Fee of $15.00 per Day for Vehicles Stored on City of Ukiah Property to be Collected by the Police Department Police Captain McBride introduced Deputy District Attorney Kevin Maloney and Officer Greg Barts, both of whom were instrumental in developing the proposed increase in impound fees and the Regular Meeting - January 21, 1998 Page 2 186 establishment of new storage fees for impounded vehicles. The new fees reflect the actual costs of impounding and storage of vehicles as allowed by state law. Mayor Malone opened the public hearing on this matter at 8:07 p.m. No one came forward to address the Council The Public Hearing was closed at 8:08 p.m. MIS MastinlChavez to adopt Resolution 98-25, Increasing to $65 the Fee for the Release of Stored or Impounded Vehicles and Establishing a Fee of $15 per day for vehicles Stored on City of Ukiah Properly to be Collected by the Police Department, carried by the following roll call vote: AYES: Councilmembers Chavez, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Ashiku. 8b. Appeal of Planning Commission Denial of Use Permit #97-39 This matter was continued to the meeting of February 4, 1998. 9a. Presentation by BMX Group and Consideration of Lease Renewal for Rusty Bowl BMX Track Community Services Director DeKnoblough introduced BMX program representatives Debbie Rodgers and Pauline Albright. Ms. Albright outlined the BMX program for the Council, noting BMX activity in the community since the early 1980s. Members pay a fee of $35 per year to use the track and participate in the races, which include an awards program. She provided a BMXer magazine for each Councilmember. Councilmember Kelly inquired about the safety of the site and the cost of running the program. Ms. Albright and Ms. Rodgers felt the site was very good. Noise can be a factor in siting and this site is not adjacent to many houses. They noted most parents accompany their children to the track, thus it is not a "drop off and leave" situation. They noted the expenses of running the program are covered by the membership fees collected each year. MIS MalonelMastin to approve the renewal of the lease of the "Old Sewer Plant" property to the Rusty Bowl BM× program, carried by the following roll call vote: AYES: Councilmembers Chavez, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Ashiku. RECESSED: 8:23 p.m. RECONVENED: 8:34 p.m. 10. NEW BUSINESS 10d. Approval of Lease with North Ukiah Little League Sandra Talemo, 1480 Riesling Court, President of North Ukiah Little League, pointed out that 425 children padicipated in the program last year. Fundraising for this non-profit program is a large part of what the organization does, as well as provision of the equipment and maintenance of the ball fields. MIS KellylMastin to approve the lease of "Lions Field" to North Ukiah Little League, carried by the following roll call vote: AYES: Councilmembers Chavez, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberAshiku. 10a. Approval of the Americans with Disabilities Act {ADA) Manual ADA Compliance Officer Goodrick noted the City of Ukiah began its first ADA compliance efforts in 1991, formally adopting accessibility measures in 1994. On January 9, 1998, the ADA Advisory Committee met and proposed certain recommendations for the manual. The proposed manual is a comprehensive document incorporating all the City's ADA compliance efforts. MIS Mastin/Kelly to approve the ADA Manual including the recommendations made by the Advisory Committee, carried by the following roll call vote: AYES: Councilmembers Chavez, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberAshiku. Regular Meeting - January 21, 1998 Page 3 187 10b. Approve the Northern California Power Agency Integrated Resource Plan (IRP) and Authorize Submittal to the Western Area Power Administration (Western) City Manager Horsley noted the governing bodies of Northern California Power Agency (NCPA) members are required to approve the Integrated Resource Plan prior to its submittal to the Western Area Power Administration (Western). There was no one in the audience to speak to this issue. MIS KellylMastin to adopt Resolution No. 98-26, Approving the Nodhern California Power Agency's (NCPA) Integrated Resource Plan and Participation in its Submittal, carried by the following roll call vote: AYES: Councilmembers Chavez, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberAshiku. 10c. Consideration and Adoption of Resolution Approving Memorandum of Understanding for Employee Bargaining Unit - Police This matter was discussed in Closed Session. The following action was taken in open session at 9:25 p.m. MIS MastinlKelly to adopt Resolution No. 98-27, Adopting the Memorandum of Understanding between the City of Ukiah and Police Unit, carried by the following roll call vote: AYES: Councilmembers Chavez, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Ashiku. 10e. Approval of Budget Amendment for Solid Waste Disposal Site Public Works Director Kennedy noted the proposed budget amendment was necessary to reflect the additional amount of waste being accepted at the Landfill. The revised Ending Fund Balance remains approximately the same as was budgeted. MIS Mastin/Kelly to approve an amendment to the 1997/98 budget by: 1) Increasing Landfill revenue by $441,720 in account 660.0800.646.002; 2) increasing expenditures by $112,180 for Landfill operation in accounts 660.3401.XXX.XXX; 3 ) increasing transfer from account 660.283.664 to Landfill Closure Reserve Fund 664 by $175,000; and 4) authorizing a transfer of $154,142 from account 660.283.661 to landfill Pre-Closure Project Reserve Fund 661, carried by the following roll call vote: AYES: Councilmembers Chavez, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberAshiku. 11. CITY COUNCIL REPORTS Councilmember Chavez attended a Ukiah Valley Sanitation District meeting at which it was requested the City not impose right-of-way fees at this time. She met with the Main Street Board of Directors who are in the planning stages for the Cinco de Mayo celebration and parade. The Main Street Board would like the City to consider waiving the fees for a parade on State Street. City Manager Horsley noted the City does not charge parade fees, rather it asks for reimbursement of Police overtime costs. Councilmember Kelly noted Coastal Conservancy funds are being allocated for the development of Riverside Park. Assemblywoman Strom-Martin's office was successful in convincing Caltrans to add the word "Museum" to the Sun House historic marker signs on Highway 101. The Recreation Center committee is meeting tomorrow night at the Grace Hudson Museum. The salvage of beams from the old Safeway building is not going to be possible for use in the new recreation center. Councilmember Mastin attended the Fire Department's annual dinner. He announced the Mendocino Solid Waste Management Authority meeting next week will focus on the future use or sale of its Nodh State Street property. He will be meeting with representatives of public radio station KZYX regarding the possibility of locating an inland studio at the Ukiah Valley Conference Center. Mayor Malone noted the North Coast Railroad Authority has approved an operations proposal with a private company, and it has put out a Request for Proposal to study the refurbishment of the rail line. He attended a steering committee meeting for the Transit Hub. The group is doing a study on the impact of the Transit Hub on the community, if located at the old Ukiah Railroad Station. He will attend a League of California Cities Community Services policy committee meeting tomorrow in Ontario. Regular Meeting - January 21, 1998 Page 4 188 12. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley noted staff has applied for a grant to prepare a Master Plan for the Transit Hub, and has located 10 possible grants to assist the development of the Recreation Center. Mayor Malone announced the Redwood Empire Division, League of California Cities meeting on February 7, 1998, in Fort Bragg. 13. CLOSED SESSION The Council convened in Closed Session at 9:13 p.m. 13a. G.C. Section 54956.9 - Conference with Legal Counsel Regarding Existing Litigation, City of Ukiah v. Invest Financial Corporation, et al., San Mateo Superior Court Case No. 39841 No action was taken. 13b. G.C. Section 54957.6 - Conference with Labor Negotiator. Agency Negotiator - Candace Horsley; Employee Department - Police Unit The memorandum of Understanding with the Police Unit was approved. See item 10c above. 13c. G.C. Section 54956.8 - Conference with Real Property Negotiator, Property: AP No. 184- 100-03, Negotiator: Candace Horsley, Under Negotiation: Terms of Payment No action was taken. The Council reconvened in open session at 9:25 p.m. 14. ADJOURNMENT The meeting was adjourned at 9:26 p.m. C~lleen B. Henderson, City Clerk Regular Meeting - January 21, 1998 Page 5