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HomeMy WebLinkAboutMin 04-21-99(b)MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, April 21, 1999 The Ukiah City Council met at a Regular Meeting on April 21, 1999, the notice for which had been legally noticed and posted, at 5:34 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Council- members were present: Libby, Baldwin, and Mayor Mastin. Councilmember absent: Ashiku. Staff present: Public Utilities Director Barnes, Community Services Director DeKnoblough, Police Sergeant Chris Dewey, Finance Director Elton, Assistant City Manager Flad, Personnel Officer Harris, Risk Manager/Budget Officer Harris, City Manager Horsley, Public Works Director Kennedy, Police Administrative Captain Wayne McBride, City Attorney Rapport, Fire Chief Sandelin, Community Services Supervisor Sangiacomo, Planning Director Sawyer, Police Captain Walker, Police Chief Williams, and Deputy City Clerk Yoast. 2. PLEDGE OF ALLEGIANCE Councilmember Baldwin led the Pledge of Allegiance. 3. BUDGET GOALS AND OBJECTIVES: REVIEW OF 1998-99 ACCOMPLISHMENTS_ AND 1999-2000 OBJECTIVES FOR VARIOUS CITY FUNCTION~ City Manager Horsley noted that the Departments will touch on the highlights of their Goals and Objectives and invited Council to then ask questions and discuss in greater detail, as needed. 439 Director of Public Works/City Engineer Kennedy explained the major accomplishments for Public Works Administration/Engineering Division noted the major street projects that were either completed or commenced during Fiscal Year 1998/99, including Perkins Street rehabilitation, will commence Orchard Avenue rehabilitation on June 14, completed State Street remediation, which will be completed next fiscal year when the ceiling is repaired next budget year; commencement of the 1998 STIP Street Rehabilitation Program, which will run into next budget year. The City of Ukiah will receive $980,000 of state monies for street rehabilitation CTC. By July the City should be constructing on these projects. Goals for next fiscal year include traffic signal replacement and intersection improvements at State and Gobbi Streets, construction of the traffic signal modification at State street and Iow gap. Want to get our feet wet in the GIS system. Our system of inventorying our facilities is very poor and we are looking to improve that through GIS. Need to complete traffic studies for posted speed zones and work towards the goals of the General Plan. They are asking to restate a position we lost two years ago to meet programs of the General Plan. Mayor Mastin questioned where the County is in their general plan process. City Manager Horsley noted Bob Sawyer can answer that question in detail when he discusses the Planning Budget. Judy Pruden, 304 s. Hortense, asked if there was any way begin to investigate ways to fund through grants or funding left turn lanes on State Street. Mr. Kennedy explained two years ago the City was granted $40,000 to restripe and install left-turn lanes on State Street from Mill to Washington. When it went to the City Council there was concern expressed by MTA and two local businessmen, as well as the fact that some parking would need to be eliminated along State Street, and the project was deleted. He explained the only two sources of money available are through the Federal Highway Bill, which is currently T21, and $B45, which are state monies. Those are very competitive. He explained this work cannot be done in-house as we are limited to projects under $25,000. Ms. Pruden requested that this item go back to Council for reconsideration to bring up the possibility of creating left-turn lanes, or pockets at a minimum on State Street. Another April 21, 1999 Page 1 of 14 440 item was landscaping on Perkins Street. She noted that in 1997, 1998, and now again in 1999, she has addressed Council relative to landscaping promises that were made on Perkins Street that have not occurred. There are no goals included in the current budget packet, and she asked Council to make it a goal to landscape our gateway corridors, Perkins Street in particular. Additionally, she noted that the Planning Commission considered a project between the railroad and mobile home park on Leslie Street, where storm drain problems were identified. She questioned whether remedy of this situation was included in the upcoming year's goals. She noted the neighbors are willing to meet part of the financial structure for that project. Mr. Kennedy advised that Item No. 6 on page 143 addresses this, which reads completed drainage study of the Cleveland Lane tributary. Ms. Horsley noted that relative to landscaping of the corridors, there are Redevelopment Agency funds available for landscaping and staff will be bringing an agreement to the Agency with the Fairgrounds and a group of individuals who are working with them, to landscape and put in sidewalks on the State Street side in front of the fairgrounds. This will be a matching funds agreement. Discussion followed relative to landscaping Perkins after all the easements are obtained, which would go to Council for consideration along with the undergrounding project, which should be completed first. Additional discussion was had relative to the Downtown Master Plan calling for left-turn lanes from Mill Street to Low Gap Road. Mr. Kennedy advised that staff could concentrate on just the intersections but parking would have to be eliminated adjacent to those intersections. Councilmember Baldwin expressed his greatest concern is relative to the congestion at Orchard Avenue and Perkins Street during commute time. Additional discussion was had relative to what it would take to accomplish this project and Mr. Kennedy noted it would take approximately 40 man hours for design and that if it came in under $25,000 City crews could do the work. Mr. Kennedy noted they would concentrate on intersections such as Mill, Freitas, Cherry, and State Street. It was the consensus of the CoUncil to include this item in the Goals for further consideration during the upcoming fiscal year. Mr. Kennedy announced that he attended a TAC meeting where they discussed a program in the T21 funding mechanism that has monies available for traffic enhancement. It is to pay for above-and-beyond mitigations such as pedestrian/bike related, can purchase a museum out of an old depot or transportation facilities, but you just can't use it for road. Maybe landscaping would be an eligible project. One could argue that larger trees could provide more shade. There is $1.8 million available, to be split between two funding cycles in Mendocino County. All agencies and other groups can apply for this money. There will be two funding cycles, one in June 1999, and another in 2001. Phil Dow will be presenting this to the COG two meetings from now and then there will be a public notice. Mr. Kennedy turned to the accomplishments of the Street Maintenance Department. The highest priority for the current year and next is continued permanent street repair program (inlay patching system) and preventive maintenance program (crack sealing). He is asking for more money for materials so that our streets do not continue to deteriorate faster than we can patch them. He continued to the Corporation Yard. He explained that soil and water contamination was found around the underground fuel tank and it is necessary to do further studies to identify the extent of the contamination. Started this year and will continue that program next year. In the Garage Division, the primary responsibility is maintaining Public Works equipment. From time to time they do maintain another department's equipment. In the Landfill Division, staff just finished up selecting a consultant for preparation of the Final Closure and Post Closure Maintenance Plan and other items of work. The proposed April 21, 1999 Page 2 of 14 441 award is being presented to the Council later this evening. The Local Enforcement Agency is currently reviewing the City's application for a revised permit to increase daily tonnage at the Landfill. For objectives, staff will be concentrating on completing the Final Plans as well as the other items of work required with that Plan. The closing date of the Landfill is tied to completion of our Transfer Station. Discussion followed relative to the EIR process for the Transfer Station and that the process is on schedule. City Manager Horsley advised that there were many comments when the consultants were working on their bids for the Plan regarding the excellent job Mr. Kennedy and his crews have done at the Landfill. Director of Public Utilities Barnes noted that the Water Division goals are to keep maintaining the system. They have a program of identifying high leak areas with services and mains and then repairing or replacing those services and mains. They also want to do an in-house audit of our water meters where we can test for accuracy. He continued with the Sewer Division, they will continue to video inspect the high trouble sewer mains and do some of the major replacements, add some additional manholes for maintenance, and want to upgrade some obsolete equipment at the Wastewater Plant in preparation of the primary expansion. Want to complete the trickling filter improvements, which will increase capacity on the primary side for the primary expansion and also help the sedimentation for the secondary site. Relative to the Electric Division, we are going to continue meter calibration and replacement program. We are roughly half way. We have some transformers we need to replace to meet CalOSHA standards for PCB content and we will continue to replace the old 4kv distribution lines. We also have some major regulation changes for having to do maintenance reports to CPUC relative to tree trimming, pole damage, and scheduling replacement of those items. Discussion followed relative to meeting CalOSHA standards. It was noted that we meet the federal requirements, however, we have a few transformers that don't meet California standards. Ms. Pruden noted that $665,000 comes out of electrical fund for a franchise fee. After reading over the electrical report you stated that to stay at market value, we would have to have a 5 cent per kilowatt hour increase. Mr. Barnes noted that would be to get to market by 2002, we would have to increase an incremental rate above the rate that we are at now to get down to market by 2002 of roughly 5 cents. Ms. Pruden questioned if there was a reduction of the franchise fee and left you with a greater share of the electric fund, say $250,000, and take out only $400,000, how could that money be used. Could that prevent the raise in the kilowatt hour? Ms. Horsley noted that the other point to that is if we remain at the price that we are now and not raise or lower rates, we will be at market at 2007. Mr. Barnes added that the annual reduction over the 12% cents to market, currently is a little over $5 million we would have to have. Without the transfer we still have a substantial way to go to get to market. What we were talking about was revenue banking option. Anything we can revenue bank to offset rates in the future years will obviously speed that up, but the incremental part to move that goal from 2007 to 2006 takes roughly about $2 million to move it one year. If you gave the pool that money every year between now and 2006, you could move the goal of being to market by one year. Ms. Pruden added that she has protested electrical rates the last 20 years. The $665,000 coming out of the City's Electrical Fund is a major contributor to the City's financial picture. What is would require is a serious cutback in programs to anticipate future increases in electrical rates you are going to have to start this fiscal year. April 21, 1999 Page 3 of 14 442 Jim, we are not planning to increase rates and plan to drop to market in 2007. The only change in the rates is a reduction in 2007. Darryl, the question that was asked that if we wanted to be in market in 2002 rather than 2007, my response was we would have to raise the rate by 5 cents. Ms. Pruden suggested on this Budget, if you are not going to cut back on certain programs eventually you are going to have to continue to raise rates in other areas. She does not want to see electric rates carry the rest of the City's Budget on the backs of electrical users. Discussion followed relative to the size of the electrical lines, mainly being 4.6ky. Police Chief Williams noted for major accomplishments he would like to address the COPS Program. This past week they were able to staff the program with the three Officers that they pursued through the grant. It took approximately 1~ years to get the three officers on board and they are very excited about that program. Secondly, they installed and implemented the new computer dispatch and records management systems. It is up and running. Ukiah is on the cutting edge of this technology, and they have had departments and agencies from around the state come to Ukiah to view our system, and it is an exciting program for the future. Ms. Horsley added that the Police Department has been working with her and the Mayor with an ad-hoc group to talk about different topics including how to deal in a more effective way with the mentally ill and there is a hole series of discussion items they had. They signed off on an outline of those notes and it should be in the paper tomorrow. She distributed copies to the Council. She noted it was a very good process and it opened up a lot of communication. Discussion followed relative to personnel retention issues, and Mr. Williams noted that the Police Department has been very fortunate in the past several years of not having a high turnover. Even though the City cannot match the salaries of many other agencies, he feels we provide several things that are important such as the attitude of how the City treats its employees. Mr. Williams continued with next year's objectives. They will be increasing activities under the COPS Program. Additionally, he outlined training goals and highlighted space limitations the Police Department is faced with and they will come up with a short- and long-term plan for what we can do to use the space we have to the utmost. Lastly, they will be developing a Plan to provide better security for the Department. Discussion followed relative to parking, the Narcotic Task Force, and Dispatch goals. It was noted there is one officer for this program who has an office and he works primarily in Mendocino County but can work in outside counties if necessary. It was noted that for the first time there will be a Supervisor over dispatchers to coordinate Fire and Police dispatch duties, which will solve some minor difficulties experienced in that past. Director of Parks and Recreation DeKnoblough joined the staff table at this time to discuss the Parking District budget. Mayor Malone questioned whether the ADA objectives in the parking lots have been completed at this time because they are not carried over into the next objectives. Mr. DeKnoblough noted that installation of the stalls should be completed this fiscal year, in cooperation with the Public Works crews. The Parks and Recreation Department was taken out of order at this time. Mr. DeKnoblough started with the Parks Division. Some of the keys things over the last year were ongoing ADA upgrades in the parks and the continued public safety program which at this point consists of lighting and improved pruning techniques to open areas up for visibility. Also, the reconstruction of the Anton Stadium infield. For objectives they will continue on with ADA upgrades, continue to upgrade safety of Parks, included increase April 21, 1999 Page 4 of 14 443 Police patrols. The Sun House exterior will need to be recoated, and construction of Observatory Park will be completed, which will come to the Council at the next meeting for approval of design services for Observatory and Orchard Park. Discussion followed relative to maintenance agreement for the High School Tennis Courts. City Manager Horsley explained the history of the tennis courts since they were built with grant money and noted the City came to an agreement with the High School about six years ago that they would maintain the courts to a certain point and if there was major construction we would coordinate to do the project. The City, however, is not responsible to guard against skateboards, which have caused damage to the court. The High School tries to lock the gates when not in use. Additional discussion was regarding ADA requirements and that the City is following a plan, which was approved by the City Council, by phasing completion of all requirements over a period of 10 years. Mr. Baldwin noted access to Gibson Creek above Standley Avenue should be addressed once again. Community Services Supervisor Sangiacomo noted that Recreation has continued to provide an increased variety of recreational activities and sports this year. We continue to provide primary support for the Ukiah Country PumpkinFest and Sundays in the Park. This summer we increased our outreach activities with a booth at local events to increase awareness of possible employment opportunities for college students in our recreation. We secured and installed a new day camp office and restrooms in Todd Grove Park. Objectives are to create new sports programs, provide sports clinics, and teaming up with public health to incorporate safety and social awareness activities and teachings in our Summer Safari Day Camp and our sports programs. We also will be expanding training to our seasonal and part-time staff. Relative to Aquatics, Mr. Sangiacomo stated we continue to be the only public facility that provides all American Red Cross certified lessons. We also only employ certified lifeguards and water safety instructors. We have initiated a proactive and preventive lifeguard techniques which has ensured the safety of the pool's patrons, they continue to develop programs such as junior life guard program and water safety aid program, which focuses on teenagers who want volunteer experience in these activities but aren't old enough to become lifeguards and swim instructors yet. This next year they plan to review and revise operating procedures and policies and including the development of an updated pool manual. They will be reviewing methods of doing business to decrease costs and increase revenues. Mr. DeKnoblough address the Grace Hudson Museum/Sun House Museum budget. He noted that staff is very happy to have Sherri Smith-Ferrie because she has accomplished an amazing amount of activity at the Museum this fiscal year. Objectives include a new wing to the museum. The Sun House Guild and Endowment Board have been busy with the fundraising part of this project. They are very conscientious of the cost of the ongoing operation of the new wing and they are raising funds that will contribute to the ongoing maintenance of the building after it is built. Councilmember Baldwin determined that the Museum does not pay a fee for placement of their billboards advertising to the north and south of town. He questioned whether the City should be contributing to the billboard blight by having these signs and whether there have ever been discussions about this issue. City Manager Horsley responded that have not been discussions in the past. Discussion followed relative to the goal of continuing to increase the number of works the Museum owns. They recently received a donation of 37 more sketches worth over $94,000. Mr. DeKnoblough turned the discussion to the Conference Center. They have been looking at ways to increase revenues, and will be developing a wedding brochure to distribute. The main objectives will be marketing in Mendocino County area. We are April 21, 1999 Page 5 of 14 444 finding a lot more meetings coming from outlying areas. City Manager Horsley noted that Assistant City Manager Flad is looking at a strategic plan for the Conference Center and how we can integrate the marketing and what other things we can bring in to lower costs and become more efficient. Conference Center Manager Bruce Jenney is very busy with day-to-day operations and it will be very beneficial to have someone looking at this from the administrative perspective. Mayor Mastin discontinued discussion of the Goals and Objectives at 6:40 p.m. to proceed with the next item on the agenda. 4. PROCLAMATION: Senior Center Awareness Week: May 9-15, 1999 Mayor Mastin read the Proclamation proclaiming May 9 - 15 as Senior Center Awareness Week to Melissa Phillips. Melissa Phillips, Executive Director of Ukiah Senior Citizen Center, indicated that Mr. Sangiacomo talked earlier in the week about forging more of a relationship between the Senior Citizen Center and the recreation program to help them fill the mandate to serve seniors along with us and this seemed like a natural event for people from the community to participate in. She highlighted the sponsors involved in the event and thanked the City for the proclamation. Mayor Mastin returned the meeting to Budget Goals and Objectives. Fire Chief Sandelin noted the fire training tower will begin construction. They also reached an agreement with Red Cross to lease the North Fire Station. It is a good partnership for our City and County. The City Council will begin considering adoption of the revised Fire Code this evening. For objectives, retention of quality employees is a high priority. We have hired very highly qualified people and trained the employees and they become very competitive in the marketplace. We are working on ways to retain them for Ukiah. He noted they are in the process of initiating a Western Hills Vegetation Management Plan in partnership with CDF for the entire Ukiah Valley. Since 1959 there have been no fires in the west hills and it has continued to grow and become very dense. This new partnership will put in some firebreaks and maintain those safety features without compromising the beauty of the west hills. The state is now doing this type of program statewide and we are the pilot program for Mendocino County. Discussion followed relative to other work that has been done to lead up to this project, and that for the most pad the debris will be chipped with minor controlled burns taking place, where appropriate. Mr. Sandelin noted that other objectives include replacing a bay door lift system that has failed, ongoing training that trains our people to not only cover occurrences within our jurisdiction but other jurisdiction as our crews are called out for mutual aid in other pads of the County as we have the only career force next to CDF and one of the most highly trained staff in our area. City Manager Horsley advised that she approves all training and ensures that it is relevant. After a question from Councilmember Libby, Mr. Sandelin advised that it will be necessary for the Fire Department to purchase three more self-contained breathing apparatus for the primary response vehicles to have the number needed. Each of the units costs $1,800. Break - 6:53 p.m. Reconvened - 7:00 p.m. 5. RIGHT TO APPEAL DECISION Mayor Mastin reviewed the appeal process. 6. PUBLIC HEARING {7:00 P.M.) April 21, 1999 Page 6 of 14 a. Introduction of Ordinance Amending Article 21 (Definitions) of Chapter 2 (Zoning) of the Ukiah Municipal Code (HeaHnq Continued from A_oHI 7-, 1999 Meeting) Senior Planner Charley Stump advised this ordinance suggests revisions to the Zoning Code definitions to reflect current planning practices and principles, and to include new terms used in the text of the recently revised Zoning Districts. He explained the procedure for developing the definitions with the help of the City Attorney, Planning Commission, as well as Planning related resources. He requested that Council introduce the Ordinance by title only. Councilmember Libby questioned how the definitions compare to the County's Zoning Code. 445 Mr Stump responded that he did not check that out because he feels they will be doing'a similar revision once they are through their Zoning Code revisions. Public hearing opened - 7:06 p.m. Public Hearing Closed - 7:07 p.m. Councilmember Baldwin questioned whether there is a definition for cabaret or dance hall? Mr. Stump advised a dance hall is included in definition no. 38. MIS Baldwin/Libby to Introduce by title only Ordinance Amending Article 21 (Definitions) of Chapter 2 (Zoning) of the Ukiah Municipal Code, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Mastin. NOES: None. ABSTAIN' None. ABSENT: Councilmember Ashiku. Deputy City Clerk Yoast read the Ordinance by title only. MIS Libby/Baldwin to Introduce Ordinance Amending Article 21, Chapter 2 (Zoning) of Chapter 2 (Zoning) of the Ukiah Municipal Code, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Ashiku. Discussion went back to the goals and objectives, beginning with the Planning Department. Mr. Sawyers advised, in response to an earlier question from the Mayor, the progress the County has made in their General Plan updated. He indicated City staff has been working closely with them and providing information where needed. He does not know when it will go to the Board of Supervisors as they are still working on the document to make it more "user friendly." Mr. Sawyers turned his discussion to the Budget Goals and Objectives. He advised that during the last year they eight to ten Zoning Code revisions, major amendments to the Zoning Code which is a major accomplishment. We are getting close to the end. The Council adopted a Bicycle and Pedestrian Master Plan, we prepared the Housing Element Status Report, as required by the General Plan and we passed along to the Housing and Community Development Department of the State, we applied for and received Coastal Conservancy Grant for the Gobbi Street Riverside Park Master Plan. They hired a consultant to prepare stream restoration and enhancement plan for Orr Creek, and next year we will be bringing back a similar contract for Gibson Creek. We completed the computer-generated Zoning Maps and General Plan maps. For next years goals we intend to continue revising the Zoning Code as we see necessary. We intend to prepare ,Airport Overlay Zone, which will be consistent with the Community Land Use Plan. We will be preparing a revised Hillside Ordinance. Will complete the Riverside Master Plan so we are in a position to receive grant money from various sources. They are underway with the Historical Resources Inventory and hope to have it adopted. Apdl 21, 1999 Page 7 of 14 446 Discussion followed relative to updating the Hillside Ordinance, which will provide quite a few regulations and remap the west side where the hillside in this community actually is. In some areas the hillside was applied but in others it was not. So they will ensure all slopes will be taken in by this ordinance. Mr. Stump indicated a large body of work was performed before adoption of the General Plan. They are using that body of work, input from the Fire Department, and the existing ordinance to try to put together something that really supports what the General Plan tells staff to do; protect environmental and aesthetic qualities of the hillside. Councilmember Baldwin determined that staff uses the California Building Code Grading Ordinance as the baseline Grading Ordinance, that the jurisdiction it covers is just under the ridge line, and that there currently is some code enforcement work being done up there as there is a great deal of grading taking place. Mr. Sawyer indicated that the Building Inspector wears three hats, that of plan checker, building inspector, and code enforcement officer. His code enforcement duties are complaint-driven only as he is very busy. Assistant City Manager Flad spoke on behalf of the Airport Goals and Objectives. He noted that a great deal of effort has gone into bringing Community Air on line. They have made facility improvements and but also changing the airport from a general computer airport to category 4 commuter airport. Additional property has been purchased at the south end of airport, they have applied for grant funding for 90% reimbursement of that purchase, procured additional fixed based operator which will bring jobs to the Airport and City and negotiated a long-term lease for a 3,000 square foot facility, purchased by Mr. Mountanos. For the upcoming year, staff hopes to complete Airport Action Plan and Airport Noise Plan. Finance Director Elton addressed the Finance Department's goals and objectives. There are four divisions within the Finance Department, finance administration and accounting, billing and collection, computer support services, and the purchasing function. All functions are interrelated and provide various administrative and support services to the public and other Departments. For example, the Finance Supervisor has spent a great deal of time over the two years working with the County of Mendocino relative to employee and jury parking. There are real significant areas that the Finance Department is working on this year and next and that is relative to the Year 2000 and the computer system. While we have made progress, we are still working with year 1980s software tools. Our primary goal is to completely replace that system. The computer that runs that system was installed in 1991. It was purchased on a lease-purchase arrangement and paid for in five years. IBM classified this computer as non-upgradeable and we anticipate in the future they will stop their maintenance support on the computer so it is time to replace hardware and software. For computer support functions, procuring, installing, and maintaining that system is one of the functions of that position. We are expecting to bring a change in the budget that technology support will become an internal Service Fund rather than part of the General Fund. City Manager Horsley covered the Personnel Department Goals and Objectives and stated that Melody Harris is doing an excellent job in her new position. Her goals for the coming year are to do training with the employees that is scheduled on an every three-year cycle; and will include such things as doing performance evaluations, supervisor training, etc. She will also implement a performance evaluation system so that everyone is put back on a schedule even if they have reached their "E" step. She has continued to meet ADA and Recycling Safety Compliance efforts. She further stated that Risk Management is handled by Mike Harris who is doing a great job this past year and in the upcoming year will be receiving additional training on how to train for risk reduction and also watching out for liability factors. Executive Assistant Yoast explained that in the past year the major changes have been the purchase of two new printers and relocation of one secretary to assist the new Assistant City Manager position. Many new data bases have been created to monitor many of the routine functions of the various departments. For next year our main April 21, 1999 Page 8 of 14 emphasis will be on upgrading all of the computers to become Year 2000 compliant. The software will be upgraded to Windows 98 or better and provide the associated training needed will be provided. Discussion followed relative to the new City Council Manual that is housed in the Council's office. City Manager Horsley covered all the projects the City Clerk has accomplished, including putting many of the manuals and procedures in writing that were never there before. She is tackling the record storage project and she is taking a lot of classes on Election Law and other City Clerk duties. In the next year she is hoping to come up with an alternative to our current imaging system, which it appears at this point is dead. It has been down for a year and we will not be able to get our system up and running in its current format. She will continue to take classes to perform her duties. She works very well with all the Directors and provides information to everyone in a very timely manner. 447 7. APPROVAL OF MINUTES a. Special Meeting of March 29, 1999 MIS Baldwin/Libby to approve the minutes of the Special Meeting of March 29, 1999, as submitted, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Ashiku. b. Regular Meeting of April 7, 1999 City Manager Horsley noted there is a correction on page 1, item 3b. The "unidentified lady" should be changed to read, "Dianne Marshall, a Mendocino County employee." Councilmember Libby made a change to the last sentence on page 2, to read as follows: "Mayor Mastin compliment the Guild in the design of their invitations for the reception held on April 14." MIS Libby/Baldwin to approve the minutes of the Regular Meeting of April 7, 1999, as amended, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Ashiku. 8. CONSENT CALENDAR City Manager Horsley noted that she would like to make the following modifications to the consent calendar before the Council takes their vote. For item c, add to the motion to "authorize the City Manager to execute the contract." For item e, the letter to the Department of Fish and Game should be on behalf of the "E Center." MIS Libby/Baldwin to approve Items a-e of the Consent Calendar as follows: a. Approved Disbursements for the Month of March 1999; b. Approved Policy Resolution No. 31 Regarding Reimbursement of Travel Expenses to City Officials and Employees; c. Awarded Consultant Service Agreement to EBA Wastechnologies in the Amount of $89,200 for the Preparation of Final Closure and Post-Closure Maintenance Plans and Other Work Items for the Ukiah Landfill; d. Approved Contract with Richard Ruff Architects for Architectural Design Services and Related Budget Amendment; e. Approved Letter of Support to Department of Fish and Game for the Orr Creek Restoration Project on Behalf of the E Center. The motion carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Ashiku. 9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Mayor Mastin reviewed the comments from audience guidelines. April 21, 1999 Page 9 of 14 448 10. UNFINISHED BUSINESS_ a. Introduction of Ordinance Providinq for 5% Bidding Preference for Local Businesses City Manager Horsley explained the draft ordinance before the Council as prepared by staff and the City Attorney. It addresses the issues described by the Council at the March 17 City Council meeting, specifically a five percent reduction factor to businesses within the County with a maximum preference of $5,000, to include the whole County. It also gives authorization for the City Manager to develop a registration method to objectively identify qualified businesses, which are described in the ordinance and applicability to bids greater than $100. The County Employers Council has provided a letter to address this item and it has been distributed to Council for review, which is requesting that it be introduced but not acted upon. City Attorney Rapport advised that a majority of a quorum passes a measure before the Council. Councilmember Libby made a comment relative to the local newspapers coverage on this matter and her desire to clear up a few issues. Before yesterday's column no one has accused me of being dishonest in regards to the figures about the local preference. She has also dealt with the preference numbers as they were compiled by staff. If she had not been honest she does not believe the Council would have voted 4-1 to have this ordinance prepared. As far as the $1.4 million we are dealing with, or $118,000 that was awarded locally, that leaves approximately $1 million sent out of town. If K.C. Meadows claims that that leaves $150,000 and not $1 million, it is because she is not counting what local business failed to bid on and why. I feel the local paper is only printing a portion of the story and she does not feel it is appropriate for the local paper to attempt to direct Council legislation and does not feel it is proper. We have all looked at the numbers and have discussed this for a long period of time and staff and the City Attorney have put enormous work into this project and it seems to me there is little left to be said unless anyone has any questions about it. Councilmember Baldwin determined that it would be required that a Ft. Bragg business would have to obtain a City of Ukiah Business License. City Manager Horsley indicated this is important so that there is no inequity between a business within the City who is required to get a license and also for ease of identifying who is and is not eligible. City Attorney Rapport added that the City's ordinance that deals with business license states it applies to anyone who conducts business in the City even if they do not reside in the City. Councilmember Baldwin indicated he cannot support this ordinance unless the definition of local business can be changed to apply only to businesses where the majority ownership is among residents of this County. This is a government subsidy to business, and he does not want to give it to businesses with a majority of shareholders outside this community. The profits to major corporations do not stay in this community. Councilmember Libby noted that in the bidding list provided by staff for the 1998 bids, there were not a lot of competitive bids for these types of stores. Typically, purchases with these companies were open purchase orders. She stated it is important to remember how many people these stores employ, who in turn spend their money locally She indicated the Council should do all that we can to reinvest in our community, to support our businesses to help stabilize our economy. Councilmember Baldwin indicated he does not consider Standard Oil "our" business. If the profits leave our community he does not feel that is reinvesting in the community. He would like to bring up the living wage issue at another time but if the Council can bring up the wording that ensures that the majority of the ownership was local, he would support it. Mayor Mastin indicated he will support these even though he does share some of Councilmember Baldwin's concerns. He does agree that if we are pitting a Ukiah business against an out-of-area business, whether it is Staples or Mend Lake, if that business does April 21, 1999 Page 10 of 14 449 business locally is able to keep some of those dollars here in our area, that is good. He is concerned about pitting against pitting Stapes against Mend Lake in a bidding war as it seems counter-productive. Councilmember Baldwin said the large corporations already have the advantage because of their ability to warehouse and purchase in great quantities over the locally-owned businesses so they begin with the advantage and here we are giving them another 5% advantage. He further questioned what wage these companies are paying. Mayor Mastin advised that the Ordinance may be rescinded in the future if it is not doing what it is intended to do. Kathy Spencer, President of the Chamber of Commerce, noted the Chamber of Commerce is in support of any policy or procedures that would support local businesses and adopting this ordinance would send a message to local businesses that the City supports local area businesses and recommended approval of this important policy change. Bruce Masterson, Masterson Communications, request that Council adopt the ordinance. Some of the benefits that will come back to the City. He noted that supporting local businesses will allow them to continue to grow, hire new employees, and do things like develop new technologies and communications that benefit not only the City of Ukiah but the community and Mendocino County. A Motion was made by Councilmember Baldwin to introduce the Ordinance Providing for a 5% Bidding Preference for Local Businesses, with an amendment to the definition of a "local business" to mean any business where the majority ownership resides within Mendocino County. The Motion died for lack of a second. MIS LibbylMastin to Introduce by title only Ordinance Providing for 5% Bidding Preference for Local Businesses, by the following roll call vote carried by a majority voice vote of the Councilmembers present, with a no vote cast by Councilmember Baldwin. Deputy City Clerk Yoast read the Ordinance by title only. MIS LibbylMastin to Introduce Ordinance Providing for 5% Bidding Preference for Local Businesses, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Ashiku. 11. NEW BUSINESS a. Introduction of Ordinance Amending Division 6; Chapter 3, Articles 1 and 2, and Chapter 6 of the Ukiah Municipal Code, Entitled Respectively, Fire Prevention Code and Outdoor Burning Fire Chief Sandelin introduced Bruce Evans who will be presenting an ordinance that will adopt the California Fire Code with local amendments. Fire Marshal Evans explained that the ordinance before the Council would adopt the California Fire Code, which provides for the regular of fire and life safety throughout California. The California Code is based on the Uniform Fire Code, which is a model Code which is updated every 3 years. The state directs that we will use their Code for the application of Fire and Life Safety in our City. The state does grant local agencies to make modifications and amendments to the Code under certain circumstances. If the City does so and gets those amendments filed with the state prior to the effective date of the Code, and for this Code that is July 1, 1999. The current proposed amendments are intended to cover three primary areas which is a modification to a self-inspection program which permits businesses to actually to fire safety inspections themselves. The primary proposal in this ordinance are to provide a modern dictionary reference, to provide firefighter safety to permitting them to disconnect electricity to certain buildings in case of a major fire emergency, and to provide sprinkler systems in larger, newer residential buildings, and help us meet the directives outlined in the General Plan. April 21,1999 Page 11 of 14 45O Mayor Mastin stated the Council is in receipt of a fax from the Mendocino Employers Council stating that the latest dictionary version is fine with them, however, they have a concern about the key activated devices and sprinkling of large buildings due to the increased costs associated with these items. Discussion followed relative to the sprinkling system requirement would be for 5 contiguous units or more, so this would mean apartments, motels/hotels. The secured key system is intended to be placed at large buildings, the smallest of which it has been applied to has been 8,300 square foot commercial building. This allows the Fire Department to shut off the electricity outside the building so they do not have to go through a large building to get to the electrical shut-off valve, and it would be required on new construction only. The key itself is only $70 to $75, and the relay and breaker in the main panel is the expensive portion, anywhere from several hundred to $1,000. The business does have the option of giving the Fire Department a door to the electrical room and can be handled in the design process. The Fire Department would give them the option of providing an exterior entry that allows them to get directly into the electrical shut-off components and this can be accomplished in the design process. This electrical room could have an access from inside and outside the facility. City Manager Horsley explained that the City provides alternatives wherever possible in many of the City's requirements so that people are not boxed into one type of situation. MIS Baldwin/Libby to introduce, by title only, the Ordinance Amending Division 6, Chapter 3, Articles 1 and 2, and chapter 6 of the Ukiah Municipal Code, Entitled Respectively, Fire Prevention code and Outdoor Burning, carried a consensus vote of the Councilmembers present. Deputy City Clerk Yoast read the Ordinance by tile only. MIS Baldwin/Libby to Introduce Ordinance Amending Division 6, Chapter 3, Articles 1 and 2, and chapter 6 of the Ukiah Municipal Code, Entitled Respectively, Fire Prevention code and Outdoor Burning, carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Ashiku. It was noted that this item will go on the Unfinished Business section of the agenda next meeting. 11b. Discussion of Recognition for City Commission and Committee Members Assistant City Manager Flad noted there has been recent discussion about compensation for planning commission members, as well as regarding acknowledging and recognizing our community's volunteers. He explained there are 45 commission and board members, excluding Councilmembers and staff. He outlined three types of recognition being proposed as recognition events, written recognition, and identification as well as the cost associated with each activity. He requested Council direction on how the City can better acknowledge and recognize the efforts of our community's volunteers as well as enhance the community's awareness of the commitment of these individuals. Mayor Mastin explained some of the history regarding this item and noted he would prefer an informal barbeque or picnic. Councilmember Libby asked if this item went over budget where the money come from. City Manager Horsley explained they would normally look to see if there is other money in that account, but if not, it would come out of the General Fund. Some of the items outlined can occur next fiscal year and staff would budget accordingly depending on what Council's direction to staff is tonight. Councilmember Libby thought a barbeque, t-shirt, and a card would be nice and easier to casually socialize with everyone. April 21, 1999 Page 12 of 14 451 Discussion followed regarding what type of recognition would be appropriate and Mayor Mastin invited anyone from the audience to address this issue. Councilmember Baldwin indicated his agreement with whatever is decided. Eric Larson, Ukiah Planning Commissioner, advised he is wearing the T-shirt he was given as a Commissioner for the first time in public, and he doesn't care if gets another one. The idea of staff and the City Council barbequing for folks a dinner is not an unpleasant thought but the point he tried to make when he addressed this issue, which was in conjunction with the stipend issue, his personal feeling is that what counts most is personal recognition from Council members themselves to Commission and Committee members, a personal note, a handshake, a thank you, or a visit to the meetings to introduce yourself. And express your appreciation for what they are doing. He thinks part of the job of being a Councilmember is to be a cheerleading squad for all of the people who volunteer their time. It costs the City nothing and the Council a little bit of time. Mr. Flad advised that the Airport Commission very much appreciated a recent visit from Councilmember Baldwin and highly recommended his type of activity. It was the consensus of the Councilmembers that *mission to informal recognition, This year give a pen, purchased this year and have something in next year's budget to have a barbeque in August. Mayor Mastin moved discussion of the goals and objectives of the Redevelopment Agency to this time as they are not agendized on the Ukiah Redevelopment Agency meeting. City Manager Horsley advised that even though there has not been a lot of excess funds within the Agency, staff has continued to do a lot of work. They are working with the Chamber of Commerce and Main Street Program, have done many downtown projects such as planting. Additionally, the housing setaside allocations continue to be made, which was recently done. For next year, staff will be continuing our efforts to obtain funding through CDBG funds for economic development. They will continue to have the Facade Improvement Program in the downtown area, and we are forming partnerships we have never had before. For example, there is a group that is doing the landscaping at the fairgrounds and by combining our resources we are able to accomplish a lot. The Downtown Parking Improvement Program is in its third year and have lowered the waiting list and worked with county regarding jury and employee parking. Staff continues to meet with the downtown businesses to see how the parking is working for them and getting continual input. We are coordinating with the public and merchants to get things done. Staff also continues to do projects as identified in the Agency's Five Year Improvement Plan, as we can. Councilmember Baldwin questioned whether overhead utilities could be considered blight and Agency funds could be used to underground utilities. City Attorney Rapport advised that blight determines what your Redevelopment Area is and the area was established in the original Plan. It is a permissible project and is in the original Plan, so the Agency has the authority, but not the money. 11c. Consideration and Adoption of Resolution Approving Understanding for Employee Bargaining Unit - Fire Unit Memorandum of This item is to be considered in Closed Session and Mayor Mastin stated any action on this item would be taken after that discussion. 12. CITY COUNCIL REPORTS Councilmember Libby advised she had attended the Sun House Guild Board of Trustees. They are very busy getting ready for their June 6 fundraiser for the new addition. They are going to start actively going to businesses to get grants of $350. They have recently acquired 37 sketches that were donated from a couple from Oregon who drove down and April 21, 1999 Page 13 of 14 452 delivered them along with a $100 check for the building fund. She noted that she attended the Chamber of Commerce meeting. They are working on June 4 annual meeting for members and will include a luncheon, and they are going to be awarding Community Champion Awards. Councilmember Baldwin noted that he missed the Inland Water and Power Commission (IWPC) meeting. He did go to the Airport Commission meeting and was very pleased with their interest in noise abatement. Assistant City Manager Flad and Airport Manager Bua will be working to educate the pilots on appropriate flight patternS to alleviate noise. Mayor Mastin advised he attended the IWPC meeting, which was scheduled on week before the FERC meeting, in order to strategize for the FERC meeting. They are still discussing what to do, how to respond, and who are the best folks to respond, and the best resources. He noted that Vice Mayor Kelly's last duty was to join him in meeting with representatives from the Board of Supervisors and School Board to discuss the school site at the Ward's location. That didn't produce new or different information either. He also attended the Enchilada Cook-off at the Todd Grove Room last Friday. Everyone voted on their favorite dish and Kim Sechrest won first place, Steve Harris, second, and Michael Harris, won third place. He noted that MTA meets tomorrow in Point Arena, and MSWMA meets next week. Discussion followed regarding where the videoconferencing equipment is located within the County. 13. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley noted it was very satisfying to be able to sign the formal notes with the citizen's group after 8 months of meetings and discussions. She noted it was a very good process and thanked the Mayor for joining in and helping. Break - to Ukiah Redevelopment Agency meeting - 8:32 p.m. Reconvened as City Council - 8:44 p.m. 14. CLOSED SESSION a. G,C. ~54957.6 -Conference With Labor Negotiator Employee Unit: Fire Unit Negotiator: Candace Horsley The City Council came out of Closed Session at 10:25 p.m. and made the following motion. MIS Baldwin/Libby to adopt Resolution No. 99-38 Adopting Memorandum of Understanding between the City of Ukiah and the Ukiah Fire Unit, by the following roll call vote: AYES: Councilmembers Libby, Baldwin, and Mayor Mastin. NOES: None. ABSENT: Councilmember Ashiku. ABSTAIN: None. b. G.C. §54956.9(b)(1)- Conference With Legal Counsel Regarding Pending Litigation - Existing Litigation - 2 matters: Redwood Business Park v. City of Ukiah, Mendocino County Superior Court Case No. 77517 Redwood Business Park v. City of Ukiah, Mendocino County Superior Court Case NO, 77252 15. ADJOURNMENT There being no further business the meeting was adjourned at 10:26 p.m. Karen Yoast, ,De~'puty City Clerk April 21, 1999 Page 14 of 14