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HomeMy WebLinkAboutMin 06-05-96421 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - June 5, 1996 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:32 p.m. Roll was taken and the following Councilmembers were present: Mastin, Malone, Shoemaker, and Mayor Schneiter. Absent: Councilmember Wattenburger. Staff present: Community Services/Assistant Redevelopment Director DeKnoblough, Assistant City Manager Harris, City Manager Horsley, Director of Public Works/City Engineer Kennedy, City Attorney Rapport, Planning Director Sawyer, Senior Planner Stump, and Administrative Secretary Giuntoli. 2. Invocation/Pledge of Allegiance Assistant City Manager Harris gave the invocation, and Mayor Schneiter led the Pledge of Allegiance. 3. Approval of Minutes i. Regular Meeting of May 15, 1996 M/S Shoemaker/Malone to approve the Minutes of the May 15, 1996 regular meeting, as submitted, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 4. RIGHT TO APPEAL DECISION Mayor Schneiter explained the appeal process. 5. CONSENT CALENDAR M/S MaloneJMastin to approve the consent calendar, as follows, with the following correction: Item 5e, change Councilmember Malone to Councilmember Mastin for nomination of next Planning Commissioner. a. Adopted Ord. No. 964 Amending Section 3704.6 of the Ukiah City Code, Sewer Regulations. b. Awarded Bid to Southwest Power Inc., in the Amount of $10,489.05, for 10,000 Feet of 4/0 Triplex Cable. c. Awarded Bid to Western States Electric, in the Amount of $14,797.28, for one 1,000 KVA, Transformer. d. Adopted Res. No. 96-68 Adopting Schedule of Fees and Rates for Garbage and Recycling Collection Service. e. Received Report Regarding Commission Terms Expiring June 30, 1996. f. Denied Claim from Richard Howard and Referred to Insurance Carrier, REMIF. g. Denied Claims from Billy Mack Clark, on behalf of Ashley Nichole Clark, Billy Mack Clark, and Carol Whitcombe, and Referred to Insurance Carrier, REMIF. h. Approved Investment Advisory Services with Public Financial Management, Inc. Councilmember Shoemaker commented relative to Item 5h and stated he hoped the former City Treasurer's letter would be forwarded to Public Financial Management, Inc. for comment and analysis. The motion carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. Mayor Schneiter moved Agenda Item 8a to this time, since it was not yet the 7:00 p.m. scheduled hour for the public hearing. Regular Meeting - June 5, 1996 Page 1 422 8. UNFINISHED BUSINESS 8a. Appointment to Fill the Unexpired Term of City Clerk City Manager Horsley advised the former City Clerk's resignation was effective May 25, 1996, with an election for a new City Clerk to be held in November of 1996. For the interim period, staff is recommending the appointment of part-time Administrative Secretary Marge Giuntoli, who has filled in and performed the duties of City Clerk under the supervision of Deputy City Clerk Karen Yoast in the absence of the former City Clerk during her last month of tenure. Upon appointment, Ms. Giuntoli would be working an average of 32 hours per week and receive the City Clerk salary of $1,550 per month. M/S MaloneIMastin to approve the appointment ofMarge Giuntoli to fill the unexpired term of City Clerk carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 8b. Adoption of Resolution Establishing Investment Oversight Committee City Manager Horsley reported on the establishment of the City of Ukiah Investment Oversight Committee, which would meet at least every six months. The Committee would consist of the elected Treasurer; Finance Director; City Manager; one Council member; and one public member who has governmental accounting experience, such as an outside Auditor, Public Agency Finance Director, or CPA. The public member will be appointed by the Council with a two-year term and no term limits. The public member may not be employed by the City in the previous three years prior to his or her appointment. Each member of the Oversight Committee would receive the monthly portfolio reports, which are in compliance with new statutory requirements, and written quarterly performance reports from the Investment Advisory Service agency. The Committee would also be reviewing the Annual Audit of Investments. The Oversight Committee will review policy, investment strategy, performance, and develop long-range planning for the City's investment portfolio. A representative from the selected Management Advisory Service would be in attendance at the meetings to provide information and assistance. Councilmember Malone offered his services as the Council representative in the fall, suggesting either he or Councilmember Mastin be selected for the reason of term continuity. M/S Malone/Shoemaker to adopt Resolution No 96-69 establishing the Investment Oversight Committee, carried by the following roll call vote. AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 8c. Discussion Regarding Council Appointments/Sun House Guild Councilmember Malone reported he had a conflict between his membership on the Board of the North Coast Railroad Authority (NCRA) and the Sun House Guild, which meets at the same time, and recommended that other City representation be appointed to the Guild as his replacement. Discussion followed wherein it was noted there would be three new councilmembers elected during the upcoming election, and that an interim appointment would suffice until those changes were made. It was agreed that Mayor Schneiter would serve as the interim alternate from July through November when Councilmember Malone was unable to attend the Sun House Guild meetings. 9. NEW BUSINESS 9a. Discussion and Determination Regarding GIS System Planning Director Sawyer advised that based on his review he has concluded the costs, which are estimated at $20,000 to $40,000 relative to the Geographic Information System (GIS), would far outweigh the benefits, and he recommends that staff not pursue purchase of this equipment option in the foreseeable future. Discussion followed regarding the Planning Department's current capabilities relative to information retrieval; that it takes an average of four hours of staff time, in terms of research and report writing, Regular Meeting - June 5, 1996 Page 2 423 to complete a negative declaration for a project on a parcel; and whether the Planning Department's current parcel system is an adequate tool for the City's needs. Eric Larson, 123 Clara Street, stated that he had recently attended a workshop on GIS at the Planner's Institute Conference. The information he gathered led him to believe it was more than a planning tool, and he would like to see the Council consider it in a broader scope; i.e. for the City's Engineering and Public Safety Departments. Discussion followed wherein it was noted that larger cities with greater resources were more able to avail themselves of such a system. It was the consensus of the Council to abandon plans for the Geographic Information System at this time. 7. PUBLIC HEARING- 7:00 p.m. 7a. Introduction of Ordinance Amending the Airport Industrial Park Planned Development Senior Planner Stump advised that on April 17, 1996, the City Council unanimously voted to introduce an ordinance amending the Airport Industrial Park (AIP) Planned Development. In taking this action, the Council specifically deleted the proposed text describing the Circulation Plan for the AlP, as well as the proposed Circulation Map illustrating the AIP street system. Staff was directed to revise the Circulation Plan language to "preserve" the concept of a southern access route, and eventually bring it back to the Council in the form of another proposed amendment to the ordinance. Staff prepared the following draft language pursuant to the Council's direction, and presented it to the Planning Commission on May 8, 1996: "The southern access road concept, as envisioned in the original Specific Plan for the Airport Industrial Park is retained as a concept only. The need for this roadway, and its exact design and routing is neither implied nor specifically assumed." He further advised the Planning Commission voted 3-2 to recommend the following language: "The southern access road concept, as envisioned in the original Specific Plan for the Airport Industrial Park, is retained. The roadway's exact design and routing is neither implied nor specific." Staff believes both versions preserve the southern access concept, however, it appears that staff's version is more consistent with the direction provided by the City Council on April 17, 1996. Additionally, the Commission voted unanimously to recommend City Council adoption of the following two additional amendments related to the Circulation Plan text: a. Add a sentence to Page 2 of the ordinance referencing the new text discussion concerning the AIP Circulation Plan and Circulation Map. This is considered a minor amendment constituting the reference of information, rather than a development standard, specific requirement, or design guideline. b. Add a Circulation Map, identified as Exhibit "B," to illustrate the circulation plan discussion contained in the text. Also to dearly depict both the Airport Business Park and Redwood Business Park on the map. Mr. Stump referenced the June 5, 1996 letter submitted by Mr. Gary Akerstrom, and advised that Item Nos. 1-4 in said letter are unrelated to this discussion, were not noticed for this discussion, and have not been subject to Planning Commission review. If Mr. Akerstrom wishes to pursue additional amendments, there is an application and formal process to do so. Item Nos. 5 and 6 of Mr. Akerstrom's letter are related to the present discussion; however, staff feels it would be inappropriate to act on Item No. 5 at this time. Staff would, however, support the minor map change delineated in Item No. 6 of Mr. Akerstrom's letter, and will include that in the recommendation that the ordinance be introduced and the map be revised accordingly. He concluded staff is recommending Regular Meeting - June 5, 1996 Page 3 424 that the Council introduce by title only staff's proposed version of the wording of the circulation plan and circulation map as well as Items "a" and "b" as listed on Page 2 of the staff report. Discussion followed regarding noticing of the public hearing and clarification of the items to be discussed. Councilmember Shoemaker inquired as to how the EIR addresses the old proposed southern access. Mr. Stump replied the EIR assumes the southern access would be connected; the EIR evaluates what impacts would potentially be created in terms of traffic and other conflicts listed in the EIR. However, depending on the exact routing and design, there may be a need for an additional CEQA review. Any proposal would be evaluated against the EIR to determine if an additional CEQA review would be required at that time. Discussion followed relative to impacts should the southern access not be constructed. Public Hearing Opened: 7:25 p.m. Gary Akerstrom, 425 Talmage Road, noted that the first four items in his letter reflect concerns regarding the traffic circulation plan, but not the specific comments being considered at this meeting. Regarding the southern access road, there are basically three routes. One is the route that was initially shown with the specific plan, of going across the clear zone of the airport. The Norgard Lane route remains a bad idea; the engineering and traffic and right-of-way improvement concerns would be problematic to solve. The third option of running the street along the freeway would entail an underpass modification for the freeway, which would also be difficult to design and solve. A route on the west side would be advantageous in that the road could be brought back to State Street and might access properties that would be under the landing flight plan of the Airport. The Council needs to take action that will allow planning to go forward. As time goes on, the southern access becomes more remote; however, a southern access should not be precluded. Public Hearing Closed: 7:31 p.m. Councilmember Mastin commented that both alternatives on the agenda reflect Mr. Akerstrom's concern that Council not close discussion of the issue and are not taking any steps to say it is going to go through. Discussion followed relative to future action that might be taken on a southern access. Commissioner Shoemaker recommended a change in staff' s proposed language for the ordinance, which would read when amended: "The southern access road concept, as envisioned in the original Specific Plan for the Airport Industrial Park, is retained, but exact design and routing is neither implied nor specifically assumed. M/S Shoemaker/Mastin to introduce by title only staff's proposed wording of the ordinance amending the Airport Industrial Park Planned Development with the minor map change and above noted language amendment by Councilmember Shoemaker, carried by an all AYE voice vote. Administrative Secretary Giuntoli read the Ordinance by title only. M/S Shoemaker/Mastin to introduce the Ordinance of the City Council of the City of Ukiah Amending the Airport Industrial Park Planned Development, as amended above, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberWattenburger. Regular Meeting - June 5, 1996 Page 4 425 7b. Adoption of Resolution Establishing Rental Fees for Alex R. Thomas, Jr. Plaza and Adopt Vendor Use Guidelines Assistant Redevelopment Director DeKnoblough advised there will be a total of four vending sites in the Plaza, one in each of the four corners. He explained the proposed guidelines, the permits that would be necessary from the City and the County, some of the basic rental rates, and kiosk sizes. City Manager Horsley clarified the reason for the 60 day stipulation in the guidelines to secure insurance was looked at as the extension of the microenterprise, where instead of having just established caterers and restaurants, that someone who maybe would like to start a business could submit a request, get it approved, and then have time to get the permits and licenses that they needed. Approximately 80% of the vendors who have applied already have their licenses. This way it will give new businesses a chance. Councilmember Malone asked what the basis was for choosing the vendors and if a variety of vendors would have an opportunity during different times of the year. Mr. DeKnoblough replied vendors would be chosen depending on the various mix of products sold and the merits of the application. The next person on the list would be notified if a proposed vendor fails to appear as agreed. Councilmember Shoemaker referenced Page 2, Exhibit "A," Plaza and Stage, No. 6 under Policies, and suggested an additional clause requiring alcohol servers sign a responsible server/hospitality agreement. Discussion followed relative to the Guidelines for Use of Vendor Sites at Alex R. Thomas Plaza. Public Hearing Opened: 7:59 p.m. No one came forward. Public Hearing Closed: 8:00 p.m. Discussion followed relative to the criteria being listed on the guidelines so that individuals can determine if their business enterprise would be acceptable. City Attorney Rapport emphasized rules for vendor selection must be stated or the City runs the risk of being accused of unbridled discretion. Discussion followed relative to the selection of vendors. It was noted the guidelines were lacking in some specifics, but that due to the summer time line, action on the resolution was needed at this time. Mayor Schneiter clarified the discussed changes in "Exhibit A", The Guidelines for Use of Vendor Sites at Alex R. Thomas Plaza, which included: No. 1. No. 2. No. 4. No. 7. No. 8. Replace "60 days" with "30 days." Replace "7" with "5." Delete the last sentence and replace with, "Late payments will be assessed at $5 per day. After 7 days your permit will be withdrawn." Insert wording relative to removal of refuse. ~ Replace "sole authority" with "discretion." Mayor Schneiter further clarified that Councilmember Shoemaker's suggestion regarding the responsible server agreement will be incorporated in the motion. M/S Mastin/Malone to adopt Resolution No. 96-70 establishing rental rates for Alex R. Thomas, Jr., Plaza, with the above suggested changes to "Exhibit A," carried by the following roll call vote. AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. Regular Meeting- June 5, 1996 Page 5 426 9b. Introduction of Ordinance Amending Chapter 12, Section 1965, Municipal Parks and Facilities of the City of Ukiah Municipal Code City Manager Horsley advised this ordinance was designed to condense the requirements contained in other ordinances so that it was clear what was allowed and what was not allowed in the City's park system. Discussion ensued regarding the ordinance wording changes, as follows: {}Section Two, 2001.lA, amend 1st sentence to read, "No person shall use a bicycle, skateboard, rollerblade, roller skate or non-motorized conveyance in the Plaza." 2001.1 C, amend to read, "No person shall permit a dog under his or her ownership or control to enter upon or remain in the Plaza." 2001. ID, amend to read, "No person shall permit a motor vehicle under his or her ownership or control to enter upon or remain in the Plaza, unless authorized by the City Manager or the Director of Recreation and Parks." M/S Malone/Mastin to introduce by title only the Ordinance of the City Council of the City of Ukiah Amending Section 1965, Identifying City Parks and Adding Section 2000.1, Establishing Special Rules for Alex R. Thomas, Jr. Plaza, of the Ukiah City Code, as amended above, carried by an all AYE voice vote. Administrative Secretary Giuntoli read the Ordinance by title only. M/S Malonea3dastin to introduce the Ordinance Amending Section 1965, Identifying City Parks and Adding Section 2000.1, Establishing Special Rules for Alex R. Thomas, Jr. Plaza, as amended above, carried by the following roll call vote. AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 9c. Approve Budget Amendment in the Amount of $6,000 for Replacement of Heating and Air Conditioning Unit in Golf Course Clubhouse City Manager Horsley advised there has been a breakdown of the heating and air conditioning system at the clubhouse due to inadequate sizing of the ventilation lines which created a burden on the compressor and caused the unit to ultimately burn out. Community Services Director DeKnoblough advised the original system design was inadequate and has created a constant mechanical problem and the current need for repair. Staff is recommending the replacement of the entire air conditioning unit and also the up sizing of the lines, converting it to a gas unit, and going to a 12 seer. Staffis proposing the purchase of the maximum efficiency unit and the conversion of those units to gas to further maximize savings. Discussion followed that the problems originated in the original design four years ago, and the funds would be coming from the Golf Enterprise Fund. M/S Malone/Schneiter to approve the budget amendment in the amount of $6,000 for replacement of the heating and air conditioning unit at the Golf Course Clubhouse and award contract to AC&R, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 10. CITY COUNCIL/REPORTS Councilmember Mastin reported there was a good turnout for the Russian River Run. He further reported Bruce Richard advised them he was working on a Caltrans grant for $40,000 to help with the construction of an internodal transportation facility and asked if the City would be amenable to writing a letter of support to Caltrans for it. Mr. Richard will supply more information and may attend the next City Council meeting, if necessary. He also advised that Congressman Riggs notified Regular Meeting - June 5, 1996 Page 6 427 them that there will possibly be $600,000 for new buses for MTA over the next five years. They will hear the final decision tomorrow. Councilmember Malone reported that the candidate interviews for the Ukiah Chamber of Commerce Executive Director will be held next week. He further reported he received a letter from NCRA which agendized the intemodal transit site at the railroad station. There are still issues regarding land use leases in general for the rail sites up and down the line, but that should not hold up endorsement of the project. The Council members will be receiving invitations to the June 16 train ride to Willits. Councilmember Shoemaker reported that at MCOG they allocated the monies for the upcoming fiscal year with a net cut to transit of $80,000. He further reported the Solid Waste Authority finally agreed to purchase the land for the transfer site, and it will close in a few days. West America Savings Bank financed the project at a very good rate, and they are interested in long-term financing as the project goes forward. Mayor Schneiter reported that the Mayors/Managers met on May 30. The main focus of the meeting was that Bruce Burton is going to agendize a Solid Waste Management Authority meeting at a time when members of the other cities' Councils can attend to discuss the alternatives and options facing cities regarding solid waste management. It would be an opportunity to hear the policy of the Authority. He further reported that Redwood Valley Water District has decided to join the IPA. Discussion followed relative to Redwood Valley's action. Mayor Schneiter reminded the Council of the Redevelopment Meeting on Wednesday, June 12, at 9:00 a.m. for awarding the contract for the extension of Airport Park Boulevard. 11. CITY MANAGER/DEPARTMENT HEAD REPORTS City Manager Horsley advised that Spencer Brewer is having a party at his home for musician Richie Havens following the first Sunday Concert in the Park. She further advised that City employee Jim Moody was injured when a radiator exploded in a piece of temporary equipment being used until the City could purchase its own. It was only a lesser degree burn, so the hospital sent him home, but it will require healing time. 12. CLOSED SESSION a. Pursuant to G.C. Section 54956.9 - Conference with Legal Counsel Regarding Existing Litigation (Ashoff, et al vs. City of Ukiah) The Council entered into closed session at 8:36 p.m. There was no action announced. 14. ADJOURNMENT There being no further business, the meeting was adjourned at 9:36 p.m. Mar~e Giufitoli, Recording Secretary a:cc/m060596 Regular Meeting - June 5, 1996 Page 7