HomeMy WebLinkAboutMin 06-03-98239
MINUTES OF THE UKIAH CITY COUNCIL
Regular Meeting - June 3, 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, Ashiku, Mastin,
and Mayor Malone. Absent: Councilmember Kelly. Staff present: Customer Service
Representative Archibald, Public Utilities Director Barnes, City Treasurer Carter, Finance Director
Elton, Risk Manager/Budget Officer Harris, City Manager Horsley, Public Works Director Kennedy,
Purchasing Supervisor Kennedy, City Attorney Rappod, Planning Director Sawyer, Senior Planner
Stump, Police Chief Williams, and City Clerk Henderson.
2. Pledge of Allegiance
Mayor Malone led the Pledge of Allegiance.
Councilmember Kelly joined the meeting at this time.
Mayor Malone announced the necessity of adding two additional matters that have arisen since the
preparation of the agenda.
MIS Mastin/Ashiku to add to the agenda an urgency item regarding the acceptance of the
resignation of Colleen Henderson as City Clerk, the appointment of Sheridan Malone as interim City
Clerk, and instructions to staff to fill the vacancy by election or appointment, carried by a voice vote
of all AYE. Absent: None.
MIS MastinlMalone to add to the agenda an urgency item regarding Council approval of staff
preparation of comments to the Federal Energy Regulation Commission (FERC) regarding the PG&E
Potter Valley Eel River Diversion Project Environmental Impact Statement (ELS), carried by a voice
vote of all AYE. Absent: None.
MIS KellylMastin to add the above-noted urgency items to the agenda for discussion in Closed
Session, carried by a voice vote of all AYE. Absent: None.
Mayor Malone announced the matter of the City Clerk's resignation would be added as item 10f and
the matter of the comments to FERC would be added as item 10g. Both matters would be
discussed in Closed Session as well.
.
Special Order of Business
Introduction of New Employees
i_ Introduction of New Police Department Employees: Rick Pintane and Cedric Crook
Police Chief Williams introduced two new Police Depadment employees, Officer Rick Pintane and
Officer Cedric Crook.
.
Approval/Correction of Minutes
Regular Meeting of May 20, 1998
Councilmember Kelly proposed an amendment to the draft Minutes. On page 3, the paragraph
which reads "Councilmember Kelly noted" should continue with "that the building is unquestionably
historic, yet finds that the conditions of Government Code §3736~1 have been met." Also, in the
motion which follows that paragraph, it should read Government Code §37361 "requires" not "allows"
exceptions to local historical ordinances for religious associations.
MIS MastinlKelly to approve the Minutes of the Regular Meeting of May 20, 1998, with the above-
noted amendment, carried by the following roll call vote: AYES: Councilmembers Kelly, Mastin, and
Mayor Malone. NOES: None. ABSTAIN: Counciimembers Chavez and Ashiku. ABSENT: None.
5. RIGHT TO APPEAL DECISION
Mayor Malone reviewed the appeal process.
6. CONSENT CALENDAR
MIS KellylChavez to approve the Consent Calendar as follows:
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a. Denied Claims for Damages received from Kate Parkin, Darca Nicholson, and Brandon
Reagon, and referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund;
b. Regarding Cable Television Franchise Renewal: gave conceptual approval to collaborate with
the County and hire a consultant to develop the optimum Franchise Agreement for the City of
Ukiah and other participating entities;
c. Authorized the Mayor to execute Amendment No. 1 to License No. DACW05-3-96-543
between the Department of the Army and the City of Ukiah and payment of the Annual
Facilities Rental Fee of $225.00;
d. Received report regarding rescheduling interviews of applicants to Planning Commission and
reset interview date to July 1, 1998;
e. Awarded acquisition of Tilt Deck Equipment Trailer for Street Department to Great West
Equipment, in the amount of $13,127.40;
f. Received notification regarding the purchase of 4,000 Ft. of#2 AWG Aluminum, 15KV, XLPE
Insulated, Non-Jacketed, Concentric Neutral, Single Conductor Cable to Hendrix, c/o C.
Stephens & Associates, in the amount of $6,129.34;
g. Received report of disposition of Surplused Materials, Used Equipment and Supplies;
h. Adopted Resolution No. 98.42, Calling an Election and Authorizing Execution of Agreement
with the County of Mendocino for the Provision of Election Services at the City Election to be
Consolidated with the Regular Statewide General Election;
i. Accepted the work as complete and approved the filing of the Notice of Completion for the
Construction of ADA Curb Ramps, Phase 2, Specification No. 97-17;
j. Approved the 1998/1999 Budget for Mendocino Emergency Services Authority (MESA);
k. Approved letter of support to the California Coastal Conservancy for funding the Gobbi Street
Riverside Park Site Design Study;
I. Rejected all bids for Corporation Yard and Airport Hangar Slurry Seal Project, Specification
Number 98-06; and
m. Awarded bids for Cargo Containers to International Equipment Marketing, Inc. for $12,333.75
and Stacking Cones to Seateq, Inc. for $320.00.
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 ITEM~
No one came forward to address the Council.
As it was not time for the Public Hearing and item 9a was a Closed Session matter, the Council
proceeded to item 9b.
9b. Discussion of Ballot Measure to Eliminate Directly Elected Mayo,
Risk Manager/Budget Officer Harris noted a ballot argument to support the elimination of the
directly elected Mayor was prepared by City Attorney Rapport for the Council's consideration.
There was discussion regarding the advantages of presenting this matter to the voters for their
review.
MIS MastinlKelly to offer to the voters, at the November 1998 election, the choice of eliminating the
directly elected Mayor position and to use the argument drafted by the City Attorney as the Council's
ballot argument, carded by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly,
Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
It was the consensus of the Council that the four Councilmembers and Mayor would sign the ballot
argument as sponsors thereof.
Councilmember Ashiku suggested Councilmember Mastin present a letter reflecting the Council's
position on this matter to the editor of the Ukiah Daily Journal.
10. _NEW BUSINESS
10a. Adoption of Investment Policy Revisions and Treasurer's Repof~l
City Manager Horsley reported the Investment Policy is reviewed annually. Staff is in concurrence
with Public Financial Management (PFM) that the City's investment portfolio is well diversified, has
a high average credit quality rating, and the assets of the City closely match expected cash flow
requirements.
City Treasurer Carter reported this year's revisions are to fine tune the policy. He feels that PFM
is doing a good job for the City, keeps City staff well informed, and recommends investment changes
in a timely manner. He noted there is less risk and more liquidity in the portfolio than in years past.
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City Manager Horsley commended City Treasurer Carter and Finance Director Elton on their fine
job of keeping an adequate cash flow available to the City. She noted directly from PFM's report that
"The portfolio is now better diversified with respect to sector and maturity distribution, has a higher
average credit quality rating, and the assets of the City more closely match expected cash flow
requirements" and secondly, that "The strategy calls for phasing in safer, more liquid investments
into the portfolio as lower quality or less liquid investments either mature or are sold, and we are very
pleased with the current composition of the portfolio relative to a year ago."
MIS MastinlKelly to adopt the revisions to the Statement of the Investment Policy for the 1998/99
fiscal year, 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. Introduction of Ordinance Amendin Division 9 Cha ter 2 Article 14 Planned
D~evelopment Combining Zone/District) of the Ukiah City Cod,;
City Manager Horsley noted an addition to the staff packet was distributed to the Council.
Senior Planner Stump noted the existing Planned Development (PD) zoning regulations do not
provide clear and concise direction concerning the PD Rezoning application process, nor do they
detail the actual processing procedures. This ordinance is intended to update and revise the zoning
regulations for consistency with the General Plan, to modernize the approach to the planned
development concept, and to create a more orderly and readable set of regulations.
Mayor Malone opened the Public Hearing at 7:05 p.m.
No one came forward to address the Council.
The Public Hearing was closed at 7:06 p.m.
The Council asked questions regarding specifics of the ordinance and recommended the following
modifications: 1) on page 9, line 10, delete "uses there are not established" and add in place thereof
"development has not yet begun"; 2) page 4, line 1, as to on-site recreational facilities, clarify the
concept; and 3) page 5, line 22, clarify the reference to location, height, and design of all walls and
fences.
MIS Ashiku/Mastin to introduce by title only the Ordinance Amending Article 14, Chapter 2 (Zoning)
of Division 9 of the Ukiah City Code, with the above-noted amendments, carried by a voice vote of
all AYE. Absent: None.
City Clerk Henderson read the ordinance by title only.
MIS AshikulMastin to introduce the ordinance, as amended, 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
9a.
Manager Candace Horsley
This matter was taken up in Closed Session. See action report as item 13a.
10b. A roval of Bud et Allocation for Hirinc~ Attorney for the Mendocino Count-- Inland Water
_& Power Commission - Potter Valley Project Proces~
Mayor Malone reported the Mendocino County Inland Water & Power Commission (IWPC) has
voted to hire a water specialist attorney to assist the agency with the Federal Energy Relation
Commission process related to the Potter Valley project. The City of Ukiah's share of the attorney's
fees would be $3,000 over a two-year period.
City Attorney Rapport clarified that this expenditure is separate from the City's own intervener
proceedings.
Councilmember Kelly noted the importance of protecting the City's water rights in this matter.
MIS Ashiku/Kelly to approve an additional $3,000 budget allocation for the 1998/99 budget to be
used for IWPC to retain a water specialist attorney, carried by the following roll call vote: AYES:
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Councilmembers Chavez, Ashiku, Kelly, and Mayor Malone. NOES: Councilmember Mastin.
ABSTAIN: None. ABSENT: None.
10c. Approve Sole Source Procurement and Award Contract to Uretek USA, Inc. for the Repai,'
of State Street from Henry Street to Low Gap and Select Project Scope Optio,
Public Works Director Kennedy noted the need to improve the pavement on State Street between
Henry Street and Low Gap Road. Staff is proposing to hire Uretek USA, Inc. to repair the road
surface by injecting a polyurethane substance underneath the existing concrete in order to level and
stabilize the roadbed. Staff presented funding options for improvement to all four lanes (Plan A) or
to any two of the four lanes (Plan B). The polyurethane injection process is recommended by
Caltrans, it lasts over 18 years, and it is environmentally safe.
City Manager Horsley recommended proceeding with the project at this time. If Vehicle License
Fees are no longer rebated to cities, the City would not be in a financial position to accomplish this
project later on.
MIS Kelly/Malone to approve the sole source procurement and award the contract to Uretek USA,
Inc. for the improvement of all four lanes (Plan A), carried by the following roll call vote: AYES'
Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None.
ABSENT: None.
l Od. Status of Public Improvement Projects to be Implemented by the Public Works
Department
Public Works Director Kennedy presented a report outlining the status of public improvemeni
projects throughout the City. Traffic Signal modification at State Street/Low Gap Road/Brush Street
was the top priority, followed by the reconstruction of Perkins Street from Main Street to the US 101
overcrossing and the reconstruction of Orchard Avenue from Perkins Street to Gobbi Street. The
traffic signal modification is scheduled for next spring; the street reconstructions should be
completed in the fall of 1998. Other pending projects include the State Street surface remediation,
replacement of the rail guard crossing at Gobbi Street, curb, gutter, and sidewalk repairs or
replacement, drainage improvements, design of a new bridge over Orr Creek at Orchard Avenue,
repainting of the old Orr Creek bridge, and updating of the traffic signal at State Street and Gobbi
Street.
City Manager Horsley noted the Ukiah Daily Journalwill be contacted to run a road repair schedule
for the information of the public.
The report was received.
10e. Consideration and Approval of Establishment of Low Income Emergency Energy Reliet'
and Senior Rate Assistance Programs Through the Public Benefits Fund
City Manager Horsley noted there has been a good deal of public interest in these programs.
Customer Service Supervisor Archibald noted the funding for Relief for Energy Assistance through
Community Help (REACH) has been drastically cut due to deregulation of the electric industry. The
two proposed programs would give electric bill payment assistance to Iow income households and
seniors within the City.
Councilmember Kelly noted the need to include in these programs the clients of the Ford Street
Project and Project Sanctuary.
MIS AshikulMastin to establish the Emergency Assistance Program and the Senior Citizen
Assistance Program for payment of electric utility bills, and to approve negotiating with REACH to
provide eligibility services for both of these programs, carried by the following roll call vote: AYES:
Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None.
ABSENT: None.
Councilmember Ashiku complimented staff on finding a way to offer these programs without raising
rates.
1Of.
Council Accept Resignation of Colleen Henderson and Appoint Sheridan Malone
Interim City Clerk and Instruct Staff to Fill by Election or Appointment Process_
This matter was discussed in Closed Session. See action reported under item 13b.
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10g. Council Approval of Staff Preparing
Commission (FERC) on the PG&E
Environmental Impact Statement (ELS)
Comments to Federal Energy Regulation
Potter Valley Eel River Diversion Project
This matter was discussed in Closed Session. See action reported under item 13c.
11. CITY COUNCIL REPORTS
Councilmember Chavez attended a Main Street Program board meeting; that boards request for
funding from the City should be finalized soon. She announced the American Cancer Society fund
raiser scheduled for June 19 and 20,. 1998; she is seeking sponsors for her entrance in the relay
event, which is in memory of community volunteer Pat Denny.
Councilmember Ashiku had no report.
Councilmember Kelly noted the need to upgrade the City's webpage.
Councilmember Mastin reported on the Mendocino Transit Authority meeting and the Mendocino
Solid Waste Management Authority meeting.
Mayor Malone reported he is entitled to appoint two representatives to the League of California
Cities General Resolution Committee. Councilmember Mastin was interested in an appointment.
12. CITY MANAGER/DIRECTOR REPORTS
City Manager Horsley noted the City is taking advantage of state and federal surpluses to stock up
on emergency supplies. She displayed a poncho, which could also be used as a sleeping bag; the
City received 100 of these for use in emergencies. She mentioned a cooperative effort with the
Greater Ukiah Chamber of Commerce in developing City and Chamber webpages.
Councilmember Mastin noted the next meeting of the Redwood Empire Division of the League of
California Cities and former Public Safety Director Keplinger's retirement party have been scheduled
for the same day.
At 8:35 p.m., the Council adjourned to Closed Session.
13. CLOSED SESSION
The Council reconvened in Open Session at approximately 11:00 p.m.
13a. Government Code §54957 - City Manager Contract Renewal
MIS MastinlAshiku to adopt Resolution No. 98-43, Authorizing Mayor to Sign Agreement with
Candace Horsley (with amendment to the contract as discussed in Closed Session), carried by the
following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone.
NOES: None. ABSTAIN: None. ABSENT: None.
13b. Public Employment - Title: City Clerk:
Council Accept Resignation of Colleen Henderson and Appoint Sheridan Malone as
Interim City Clerk and Instruct Staff to Fill by Election or Appointment Process
MIS Mastin/Ashiku to accept the resignation of Colleen Henderson, to appoint Sheridan Malone as
Interim City Clerk, and to instruct staff to fill the position by appointment, carried by the following roll
call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None.
ABSTAIN: None. ABSENT: None.
13c. Conference with Legal Counsel- Anticipated Litigation
Initiation of Litigation Pursuant to Government Code §54956.9(c):
Council Approval of Staff Preparing Comments to Federal Energy Regulation
Commission (FERC) on the PG&E Potter Valley Eel River Diversion Project
Environmental Impact Statement (ELS)
MIS MalonelAshiku to approve staff recommendations regarding submitting comments on the
Environmental Impact Statement (ELS) for the Potter Valley Project, carried by the following roll call
vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None.
ABSTAIN: None. ABSENT: None.
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14. ADJOURNMENT
Mayor Malone adjourned the meeting at 11:02 p.m.
Colleen B. Henderson, City Clerk
Regular Meeting - June 3, 1998
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