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HomeMy WebLinkAboutMin 03-18-98201 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting - March 18, 1998 A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 6:33 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, Califomia. Roll was taken and the following Councilmembers were present: Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. Absent: None. Staff present: Public Utilities Director Barnes, Police Sergeant Dewey, Finance Director Elton, Customer Service Representative Goodrick, Assistant City Manager Harris, City Manager Horsley, Public Works Director Kennedy, City Attorney Rapport, Planning Director Sawyer, Senior Planner Stump, Police Operations Captain Williams, and City Clerk Henderson. 2. Pledge of Allegiance Councilmember Mastin led the Pledge of Allegiance. 3. Special Order of Business 3a. Proclamation In Support of the 60th Annual Redwood Region Logqing Conference Mayor Malone read the proclamation supporting the 60th annual Redwood Region Logging Conference. 4. A_~_~roval/Correction of Minutes 4a. Regular Meeting - March 4, 1998 MIS KellylMastin to approve the Minutes of the Regular Meeting of March 4, 1998, as submitted, carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 5. RIGHT TO APPEAL DECISION Mayor Malone reviewed the appeal process. 6. CONSENT CALENDAR MIS MastinlChavez to approve the ConSent Calendar as follows: a. Denied Claim for Damages received from Gail Marie Morley, Ina Silverwood, and Robert Long, and referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; b. Approved Disbursements for the Month of February 1998; c. Received notification regarding the award of bid for one 150 KVA Pad Mount Transformer to Western States Electric for the amount of $5,882.66; d. Received report of the acquisition of Cataphote Powder for Traffic Marking Applications; e. Adopted Ordinance No. 999, Amending Division 8, Chapter 1, Section 7008 of the Ukiah City Code Regarding Holidays for Enforcement of Parking Regulations; f. Received notification regarding the award of bid for the purchase of three 600 Amp Distribution Switches to Southwest Power in the amount of $7,413.12; g. Received notification regarding the award of bid for the purchase of Electric Meters to Wesco in the amount of $8,606.17; h. Awarded bid for 12,500 ft. of 4/0 AWG 15 KV Cable to King Wire, Inc. in the amount of $22,763.81; i. Received and filed Report Regarding Emergency River Bank Repair at the Wastewater Treatment Plant; j. Approved Notice of Completion for the construction of the Perimeter Gas Extraction Project, Specification No. 97-06; and k. Adopted Resolution No. 98-32, Establishing Preferential Parking Space for the Disabled on the East Side of Dora Street South of Perkins Street and Contiguous to the Ukiah First Presbyterian Church. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address the Council. As it was not yet time for the scheduled Public Hearings, the Council proceeded to item 9a. Regular Meeting - March 18, 1998 Page 1 2O2 9. PETITIONS AND COMMUNICATIONS 9a. Request from the Wagensellers Neighborhood Committee for Letter of Support District Attorney Massini Relative to lmprovinq the Safety of the Neighborhoo~ Donna Roberts, 781, Sidnie Court, representing the Wagenseller's Neighborhood Committee, presented a petition to Council expressing the neighborhood's concern regarding the increase in graffiti and violence in the Sidnie Court area. She asked the Council to approve a letter to District Attomey Massini asking her to prosecute these cdmes to the fullest extent allowable by law. District Attorney Massini will be meeting with the signatories of the petition in the Council Chambers on March 26, 1998, at 6:30 p.m. City staff will be involved and Councilmembers were urged to attend. City Manager Horsley noted the Public Safety Department is coordinating efforts with District Attomey Massini to see that gang related activities throughout Ukiah are addressed and minimized. Councilmember Chavez recently attended a gang intervention workshop at Ukiah High School. She believes the problem cannot be solved by solely seeking penal solutions; the solution must also include counseling programs, alternative youth activities, rehabilitation and prevention services, and widespread community support and involvement. Blaine Diamond, 611 Myron Street, noted most of the individuals involved in gang activities in his neighborhood are Pomolita Middle School students, not Ukiah High School students. He would like to see more community activities for that age group. Ms. Whitaker, 706 Sidnie Coud, reported she observes gang activities from her window regularly and urged the Council to assist in solving this problem. City Manager Horsley noted grant funding has been received to put a Community Policing Program in place which will directly address gang related problems.. Councilmember Chavez mentioned the need for training in this regard and the necessity of having a large portion of the community involved. Deborah Powell, Sidnie Court, noted gang activities are directly related to illegal drug activities and emphasized the need to address the issue immediately. Eric Larson, 123 Clara Avenue, noted the effectiveness of the Neighborhood Watch Program and urged the Council to act on this problem now. MIS Ashiku/Kelly to authorize the Mayor to send a letter to District Attorney Massini urging her to prosecute illegal gang activity vigorously and to stress the importance of community involvement in dealing with this problem, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10a. Receive and File the Audited Financial Statements for Fiscal Year 1996197 Finance Director Elton noted the audit was conducted in accordance with Generally Accepted Accounting Principles (GAAP). He outlined the highlights of the audit, noting Enterprise Fund revenues were greater than expected. The auditors' opinion is unqualified, meaning the overall financial statements present fairly, in all material respects, the financial position of the City as of June 30, 1997. City Manager Horsley mentioned she had met with Stephen Herr of Davis Hammond & Co. last year. They discussed the areas of the City's financial reports which were in need of improvement; the City has implemented measures to correct those deficiencies, most notably the tracking of fixed assets. Stephen Herr, Davis Hammond & Co., addressed questions and comments from the Council. MIS Kelly/Mastin to receive and file the audited financial statements for Fiscal Year 1996-97, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 8. PUBLIC HEARING -7:00 p.m. 8a. Refinancinq Senior Center Lease Purchase Agreement City Attorney Rapport outlined the proposed refinancing of the Greater Ukiah Senior Center's Lease Purchase Agreement which would provide for additional funding for the Center to be used to continue the Meals on Wheels program and the congregate dining program at the Center. The City assumes no financial liability through this refinancing. Regular Meeting - March 18, 1998 Page 2 Mayor Malone opened the Public Hearing at 7:16 p.m. Melissa Phillips, Executive Director of the Senior Center, noted the refinancing would allow the Center to continue the Meals on Wheels program and the congregate dinner program at the Center. Russ Kinsey, President, Board of Directors of the Senior Center, mentioned his board was reshaping the programs of the Center. Refinancing is seen as a mechanism available to fund the continuation of much needed food provision programs. The Public Hearing was closed at 7:18 p.m. MIS AshikulMastin to adopt Resolution No. 98-33, Approving the Lease-Purchase Agreement and Sublease Purchase Agreement to Provide Additional Funding for the Greater Ukiah Senior Center, Inc., carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 8b. Introduction of Ordinance Amendin~l Articles 3, 4 and 5 of Chapter 2 of the Ukiah Municipal Code Revisinq the Regulations for the Residential Zoning Districts Senior Planner Stump noted the proposed Zoning Code Revision Project updates the regulations for the City Residential Zoning District. The purpose of revising these regulations is to bring the provisions in the code into conformance with the Ukiah General Plan, making them more orderly and easier to administer and making them more understandable for the public. The proposed changes have been reviewed by, and are supported by, the Planning Commission. Discussion took place regarding boundary line setback requirements and allowed uses for second units on residential parcels. Mayor Malone opened the Public Hearing at 7:25 p.m. Jennifer Puser, 314 Jones Street, offered a number of changes to the ordinance for Council consideration. Richard Shoemaker, 710 Willow, questioned proposed setback requirements and size limitations for second units. After discussion between Council and staff regarding setback requirements, owner occupancy of second units, and procedural matters, the Council referred the matter back to staff. Staff will rework the ordinance, incorporating the Council's suggestions, and return a second draft of the proposed ordinance to the Council for action at a later date. The Public Hearing on this matter was continued until the matter is brought back before the Council. 10b. Discussion of Water Issues Affecting the Ukiah Valley City Manager Horsley noted the importance of the Russian River in the Ukiah Valley as source of drinking water, as a power source for the Lake Mendocino Hydro-Electric Plant, and as an integral partner in our Wastewater Treatment Plant operation. There are several proposed projects which could potentially affect the flow of the Russian River, the two most important threats being: 1) Section 7 requirements under the Endangered Species Act, together with the recent decision by the National Marine Fishery Service to list Steelhead Trout and Coho Salmon as threatened species; and 2) Pacific Gas and Electric's recent recommendation to the Federal Energy Regulatory Commission to dived less water from the Eel River through the Van Arsdale Dam into the Russian River. City Attorney Rapport has researched the joint powers authority of the Mendocino County Inland Water & Power Commission (MCIW&PC). He does not find it necessary for the City of Ukiah to delegate any additional authority to the Commission in order for them to represent the City's interests before federal and state agencies. However, the Commission in no way has any authority to represent the City as to matters relating to the Hydro-Electric Plant. Richard Shoemaker, 710 Willow, spoke to the involvement of the MCIW&PC in relationship to the Sonoma County Water Agency and the Army Corps of Engineers. City Manager Horsley stressed the importance of the City's involvement in any matters relating to the flow of the Russian River. City Attorney Rapport stated no specific action is necessary at this time. MIS KellylMastin to send a letter of support, similar to the one the County had sent, to the Mendocino County Inland Water & Power Commission for its efforts on behalf of the City of Ukiah, 2O3 Regular Meeting - March 18, 1998 Page 3 2O4 carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 10c. Discussion of Mendocino Solid Waste Maria ement Authorit's MSWMA North State Street Transfer Station Pro ert Sale Councilmember Mastin noted the Mendocino Solid Waste Management Authority (MSWMA) Board of Directors asked that this matter be reviewed by the Authority's member agencies. Mayor Malone asked for audience comments on this issue. Pat McAIlister, Nodh Forks Improvement Group, supports the sale of the property on North State Street at the eadiest possible time in order for MSWMA and the North Forks Improvement Group to avoid a lawsuit costly to both parties. Councilmember Mastin agreed the North State Street property should be sold once the Taylor Drive site for a Transfer Station has received the necessary permits and the time has run out for legal challenges to any permits. It was the consensus of Council to recommend to MswMA that the property be sold once the Taylor Drive Transfer Station has all the necessary contracts and permits in place and the' time for legal challenges thereto has run out. 10d. Communications Center Im rovement Pro'ects City Manager Horsley noted the urgent need for a new dispatch system and her support for the proposed personal computer system as the best choice for the dispatch system because of its ability to incorporate upgrades and be expanded to meet future needs. Police Sergeant Dewey outlined the process used over the past year to put this proposal together. He noted the advanced age and hours of use of the current equipment, the exorbitant cost of repairs, the evaluation process used to determine a preference for using personal rather than mainframe computers for the system, and the various agencies throughout the state which were consulted during the process. He applied for six grants to help fund the project; all six grant applications were successful. This is a foundation-based system, capable of being enhanced in the future. City Manager Horsley addressed the funding for the project. The funding will come from grants and PERS refunds in reserve accounts earmarked for public safety activities. MIS Kelly/Mastin to approve the Public Safety budget amendment as presented; to award, substantially as presented, the contract to GTE/Vision Software for Public Safety Technology and authorize the City Manager to execute the necessary documents; to authorize a Request for Proposal for computer hardware to Public Safety Technology enhancement; to authorize furniture procurement based upon lowest responsible bid for Communication Center Improvement Project; and to authorize Request for Proposals for radio procurement for the Communication Center Improvement Project, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. RECESSED 9:37 p.m. RECONVENED: 9:45 p.m. 10e. Education Media Cam ai n and Authorization for Cit Mana er to Execute Documents City Manager Horsley mentioned the need to educate the public regarding its options in the face of deregulation of the electric industry and the need to hear from the public how best it might be served. Customer Service Representative Goodrick noted there is a good deal of misinformation circulating regarding deregulation and the need to focus our efforts on educating the public about this process. Staff believes a specific, individualized marketing and education plan for City of Ukiah residents, and is recommending a Santa Rosa firm, Lorand & Company, to serve that need. The Council had concerns regarding the need for, and types of, services being offered, as well as concerns that adequate value be received for the amount expended. MIS Malone/Kelly to approve the consulting agreement with Lorand & Company for the provision of professional public education, research, and strategic planning services as it pertains to the City's Public Utilities and deregulation and authorize the City Manager to execute necessary documents therefor, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. Regular Meeting - March 18, 1998 Page 4 10f. Discussion of Mendocino Council of Governments {MCOG) Regional Transportation Plan and Related Policy Issues Mayor Malone distributed to the Council his written comments regarding the Mendocino Council of Governments' (MCOG) 1998 Regional Transportation Plan (RTP). His comments contained several suggestions regarding the RTP, including reinstating a Citizens Advisory Committee, expanding the Technical Advisory Committee, reviewing staff responsibilities, and adopting a policy to utilize the transportation elements of the County's and incorporated Cities' General Plans. Richard Shoemaker spoke to the issue, 'suggesting, in light of difficulties with state funding, the County and Cities in Mendocino County ban together to establish alternate sources of funding for road repair within Mendocino County. It was the consensus of Council to authorize its representative to MCOG to put forth Mayor Malone's suggestions to the MCOG Board. 10g. Consideration and Adoption of Resolution Approving Memorandums of Understandin~ for Employee Bargaining Units - Management and Miscellaneous Units The Council did not have any questions regarding the proposed Memorandums of Understanding. MIS Mastin/Ashiku to adopt Resolution No. 98-34, Adopting the Memorandums of Understanding between the City of Ukiah and the Management and Miscellaneous Units, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None. 10h. Introduction of Ordinance Establishing a Speed Zone of 30 MPH for Airport Park Boulevard from Talmage Road to Airport Road MIS MastinlMalone to introduce by title the Ordinance Amending Section 7071 of the Ukiah Municipal Code by Adding the Speed Zone of 30 MPH for Airport Park Boulevard, carried by a voice vote of ali AYES. Absent: None. City Clerk Henderson read the Ordinance by title only. MIS MastinlMalone to introduce the Ordinance Amending Section 7071 of the Ukiah Municipal Code by Adding the Speed Zone of 30 MPH for Airport Park Boulevard, 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 Chavez reported the Main Street Program Board of Directors is asking to establish an ad hoc committee of several of its board members and two City Councilmembers to discuss ways the Main Street Program might provide services for the City. Councilmember Ashiku had nothing to report. Counciimember Kelly reported on a meeting attended by City, County, and Ukiah Unified School District representatives to discuss site locations, other than the Lovers Lane property, for the proposed new elementary school, The School Board is hosting a community forum regarding this matter at the Ukiah High School Cafetorium on March 24, 1998. Councilmember Mastin had nothing to report. Mayor Malone noted he attended a Greater Ukiah Chamber of Commerce meeting. The Chamber is looking forward to a surplus of funds at the end of the next fiscal year. 12. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley noted the Goal Setting Session proposed for Apdl 15, 1998 will be postponed due to Mayor Malone's announced absence. 13. CLOSED SESSION a. G.C. §54957.6 - Conference with Labor Negotiator Negotiator: Candace Horsley i. Management and Miscellaneous Units There was no Closed Session held regarding this matter. 205 Regular Meeting - March 18, 1998 Page 5 206 14. ADJOURNMENT _ The meeting was adjourned at 10:34 p.m. Regular Meeting - March 18, 1998 Page 6