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HomeMy WebLinkAboutMin 03-06-96376 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - March 6, 1996 Page 1 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, in the Ukiah Civic Center Council Chambers, at 6:35 p.m. Roll was taken with the following Councilmembers present: Mastin, Wattenburger, Shoemaker and Mayor Schneiter. Absent at roll call was Councilmember Malone. Staff present: City Clerk McKay, City Manager Horsley, City Attorney Rapport, Planning Director Sawyer, Assistant Redevelopment Director DeKnoblough, Finance Director Elton, Airport Manager Bua, Public Works Administrator Goodrick, and City Engineer/Public Works Director Kennedy. 2. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Schneiter read a quote from the year 1513 and' Councilmember Shoemaker led the Pledge of Allegiance. 3. PROCLAMATION DECLARING MARCH 10 - 16, 1996 AS COMMUNITY CONCERT ASSOCIATION WEEK Mayor Schneiter read the Proclamation and presented it to Virginia Williams, President of Membership Drive Committee for Ukiah Community Concert Association. She presented upcoming events brochures to Council, and explained each event. 4. INTRODUCTION OF NEW EMPLOYEE - Rob Wilson, Sun House Museum Director The City Manager provided Council with a biography of Rob Wilson. Mr. Wilson commented he is very pleased to have been chosen for this position of such a highly regarded jewel in the City of Ukiah organization. 5. Approval/Correction of Minutes of Regular Meeting of February 21, 1996 M/S Mastin/Wattenburger approved the minutes of the regular meeting of February 21, 1996, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. 6. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Government Code Section 1094.6 of the California Code of Civil Procedures. CONSENT CALENDAR M/S Wattenburger/Mastinto approved the Consent Calendar as follows; 7a. Denied claim received from Chris L. Hernandez, and referred to City's insurance carrier REMIF. 7b. Adopted Resolution No. 95-42 extending the No Parking Zone on the east side of South Dora Street in front of Saint Mary's School. 7c. Adopted Resolution No. 95-43 establishing and abolishing No Parking Zones/Bus Loading Zones on the south side of Standley Street and on the west side of Main Street. 7d. Accepted report to Council regarding the purchase of sand for golf course operations. 7e. Approved dates for 1996 Community Pride Week. 7f. Approved Amendment No. 5 with Larkin Younce for easement to Airport Beacon on Cleland Mountain and authorized the City Manager to execute agreement. The motion on 5he floor was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenbu~ger, Shoemaker and Reg. Mtg. March 6, 1996 Page 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - March 6, 1996 Page 2 Mayor Schneiter. NOES: None. Absent: Councilmember Malone. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. PETITIONS AND COMMUNICATIONS Mayor Schneiter noted Judy Pruden was not present to discuss agenda Item 10a., noting Item 10b. will be addressed at this time. 10b. Discussion Regarding North Coast Railroad Authority Letter, Dated February 16, 1996, Regarding City Representative Vacancy April 1996 Mayor reported on the upcoming City Selection Committee meeting, and that Councilmember Malone has requested to be nominated so he can serve as the City Representative. Discussion ensued regarding current area of representation and other cities interest. M/S Mastin/Schneiter to nominate Councilmember Malone as City of Ukiah candidate for the City Selection Committee nomination of a North Coast Railroad Authority Board member. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. UNFINISHED BUSINESS Mayor Schneiter noted City Treasurer Coyne was not yet present for discussion regarding Item lla, so Item llb will be considered next. 11b. Approval of Joint Powers Agreement Creating Mendocino County Inland Water and Power Commission The City attorney explained the changes in this draft agreement from draft agreement No. 8 of which the Council previously approved. Mayor Schneiter explained the sale of Potter Valley power, plant is no longer being considered by PG&E, so time is not a issue at this point, yet the surrounding issues are still important. M/S Mastin/Wattenburger to approve the 9th draft and authorize the Mayor to sign on behalf of the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. PETITIONS AND COMMUNICATIONS (Cont.) 10a. Letter from Judy Pruden Regarding Pocket Park on Oak Street in City Parking Lot A Judy Pruden, 304 South Hortense, distributed a letter she received, to Council, from Dr. Aagard, requesting a pocket park in the memory of Dr. Earl Gardner, who donated the land by verbal agreement, to the City of Ukiah. She explained that Dr. Gardner was a local doctor who delivered many babies over many years. She provided information regarding her historical research as to this property, and feels this is an opportunity to commemorate a wonderful man who contributed much to thousands of Ukiah residents. It is not a dedicated park by deeds, other than family memory, and it needs to be recorded properly with specific direction from this Council to the City Manager, who is a granddaughter of Dr. Gardner. She explained the City Manager had no involvement with this request from the family. She outlined possibilities for this site. Discussion ensued pertaining to recollections of the history of this property and the historical information. 377 Reg. Mtg. March 6, 1996 Page 2 378 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - March 6, 1996 Page 3 Mayor Schneiter commented he has thought this particular site has needed upgrading. Ms. Pruden indicated that Dr. Gardner's intent was to give this site to the City to preserve the redwood trees and redbud which grows on this small site. M/S Wattenburger/Mastin to proceed with Ms. Pruden's idea to commemorate this pocket park to Dr. Gardner and directed staff to bring back a plan to Council after review by a subcommittee including Ms. Pruden and interested family. The motion passed with a unanimous voice vote of all AYE. PUBLIC HEARING - 7:00 p.m. 9a. Increase Building, Electrical, Mechanical, and Plumbing Permit Fees and Amend the Model Codes Section 3000 of Ukiah Municipal Code I. Adoption of Resolution Updating Building Fees Pursuant to UMC Section 3050 ii. Introduction of Ordinance Amending UMC Section 3OO The Planning Director reported on staff's proposal to bring building permit fees valuations from 1982 to 1994 in addition to updating the Ukiah City Code to current State law regarding model codes associated with Title 24 of the California Code of Regulations. He further reported on internal department processes, costs, revenues and community outreach and notification to the building community regarding this proposal for the past two months, and noted no adversarial comments have been received by staff. Councilmember Malone arrived at 7:10 p.m. Councilmember Malone queried staff regarding use of a regional modifier, and wording in the resolution pertaining to future fee increases implementation. Mayor Schneiter and Councilmember Wattenburger indicated they prefer the Public Hearing process for future increases to allow the Public to respond. PUBLIC HEARING OPENED - 7:19 p.m. No one came forward. PUBLIC HEARING CLOSED - 7:20 p.m. Motion by Malone to adopt the Resolution establishing updated building permit fees pursuant to Ukiah Municipal Code Seciton 3000, with the following wording change to paragraph 1., after the wording Uniform Administrative Code 1994 edition, add "or the most current edition shall be used by the City to determine respective fees." The motion on the floor died for lack of a second. M/S Wattenburger/Mastin to adopt Resolution No. 96-44 establishing updated building permit fees pursuant to Ukiah Municipal Code Section 3000, as proposed by staff. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker and Mayor Schneiter. NOES: Councilmember Malone. M/S Wattenburger/Mastin to read the title only of the proposed Ordinance for the first reading. The motion carried by a unanimous voice vote of all AYE. The City Clerk read the title only of the proposed Ordinance. M/S Wattenburger/Mastin to introduce the Ordinance amending Section 3000 of the Ukiah City Code. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Reg. Mtg. March 6, 1996 Page 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - March 6, 1996 Page 3 Mayor Schneiter commented he has thought this particular site has needed upgrading. Ms. Pruden indicated that Dr. Gardner's intent was to give this site to the City to preserve the redwood trees and redbud which grows on this small site. M/S Wattenburger/Mastin to proceed with Ms. Pruden's idea to commemorate this pocket park to Dr. Gardner and directed staff to bring back a plan to Council after review by a subcommittee including Ms. Pruden and interested family. The motion passed with a unanimous voice vote of all AYE. PUBLIC HEARING - 7:00 p.m. 9a. Increase Building, Electrical, Mechanical, and Plumbing Permit Fees and Amend the Model Codes Section 3000 of Ukiah Municipal Code I. Adoption of Resolution Updating Building Fees Pursuant to UMC Section 3050 ii. Introduction of Ordinance Amending UMC Section 3OO The Planning Director reported on staff's proposal to bring building permit fees valuations from 1982 to 1994 in addition to updating the Ukiah City Code to current State law regarding model codes associated with Title 24 of the California Code of Regulations. He further reported on internal department processes, costs, revenues and community outreach and notification to the building community regarding this proposal for the past two months, and noted no adversarial comments have been received by staff. Councilmember Malone arrived at 7:10 p.m. Councilmember Malone queried staff regarding use of a regional modifier, and wording in the resolution pertaining to future fee increases implementation. Mayor Schneiter and Councilmember Wattenburger indicated they prefer the Public Hearing process for future increases to allow the Public to respond. PUBLIC HEARING OPENED - 7:19 p.m. No one came forward. PUBLIC HEARING CLOSED - 7:20 p.m. Motion by Malone to adopt the Resolution establishing updated building permit fees pursuant to Ukiah Municipal Code Seciton 3000, with the following wording change to paragraph 1., after the wording Uniform Administrative Code 1994 edition, add "or the most current edition shall be used by the City to determine respective fees." The motion on the floor died for lack of a second. M/S Wattenburger/Mastin to adopt Resolution No. 96-44 establishing updated building permit fees pursuant to Ukiah Municipal Code Section 3000, as proposed by staff. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker and Mayor Schneiter. NOES: Councilmember Malone. M/S Wattenburger/Mastin to read the title only of the proposed Ordinance for the first reading. The motion carried by a unanimous voice vote of all AYE. The City Clerk read the title only of the proposed Ordinance. M/S Wattenburger/Mastin to introduce the Ordinance amending Section 3000 of the Ukiah City Code. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 379 Reg. Mtg. March 6, 1996 Page 3 38O MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - March 6, 1996 Page 4 UNFINISHED BUSINESS (Cont) 11a. Presentation by City Treasurer Regarding Investment Advisory Services The City Manager distributed news articles, as requested by Councilmember Shoemaker, providing information on fiduciary responsibility and on the current status of pending legislation pertaining to local governmental investments. City Treasurer Coyne reported on the need to determine how to best manage the City's cash portfolio, either passively or actively, and requested Council to determine which course of action, in order to meet timeframes before the current City Treasurer term expires in November. Discussion ensued regarding pending legislation which could affect Cities and Counties, oversight Committee requirements, and the process to review investment service companies. The City Manager recommended a one hour training session from a skilled trainer to provide further education and answer questions of Council, and discover how other cities are managing their portfolios. It was the general consensus of Council to meet at 9:00 a.m. on April 2nd, 1996, for a City investment training session. Discussion ensued regarding timeframes for a condensed investment bid process, the current City Treasurer reports, cash flow audits, City Treasurer duties, LEIF investments proving returns equal to at least consumer price index increases, and investment philosophy regarding risk and return on investments. Councilmember Shoemaker indicated the City needs to discuss the job duties of the City Treasurer position. The City Manager suggested waiting until after the March 26 election where the question of appointive has been placed before the voters. NEW BUSINESS 12a. Consideration and Approval of Community Services Department Restructuring Proposal and Authorization of Budget Amendment The City Manager reported on the sub-Committee process where Councilmembers Shoemaker and Wattenburger were involved to discuss the staffing problems at the golf course and park maintenance staffing levels and workload. She reported on the job responsibilities of the proposed new positions of park maintenance leadworker full-time position, park service worker full-time, park service worker part-time, park service worker part-time, and building and facility attendant part-time. Kari Revheim, Personnel Assistant, reported on approximate increased annual costs of the proposed positions. Councilmember Shoemaker complimented the process and feels this department has had workload increases with staffing levels decreasing and this Committee was greatly needed to help work this out Councilmember Wattenburger concurred. M/S Shoemaker/Wattenburger to approve the Community Services Department Restructuring Proposal, dated February 26, 1996; Approved the proposed job descriptions and salary ranges for the following posts: Park Maintenance Leadworker; Park Service Worker Full-time; Park Service Worker Part-time and Building and Facility Attendant part-time; and authorized budget adjustment of 1) $8,901 from general fund 100 fund balance to Community Services Parks Reg. Mtg. March 6, 1996 Page 4 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - March 6, 1996 Page 5 (100.600.xxx; 2) $3,500 for general fund (100) fund balance to general government buildings (100.1915.xxx); and 3) $3,535 from Golf Course (695) fund balance to Golf Course Salaries (695.6120.11.1/156). The motion was carried by the following roll call vDte: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 12b. Adopt Resolution Authorizing the Mayor to Execute Amendment No. 2 to Contract No. 92-SAO-20058 Between the City of Ukiah and the Western Area Power Administration The Public Utility Director reported the Western Area Power Administration has revised its general power contract provisions effective August 15, 1995, and has requested that the City of Ukiah to substitute these provisions in WAPA's primary contract with the City. He summarized that the revisions will not significantly impact the City's responsibility under the contract, but provides that any successor organization to WAPA will be subject to the provisions and conditions of the existing contract, which would be beneficial to the City due to the possible sale of power marketing agencies. M/S Wattenburger/Malone to adopt Resolution No. 96-45 authorizing the Mayor to execute amendment No. 2 to Western Area Power Administration Contract No. 92-SA0-20058. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 12C. Authorize Budget Amendment in the Amount of $18,000 to Account 612-3580-250 for Payment of an Engineering Feasibility Study by Rau and Associates Relative to the Relocation of the Storage Pond Levees at the Wastewater Treatment Plant The Public Utility Director reported this study was authorized by Council August 16, 1995, with direction to the City Manager to execute and agreement with Rau and Associates to conduct a feasibility study relative to the relocation of the storage pond levees at the Wastewater Treatment plant, not to exceed $18,000. He explained action by Council is necessary at this time to approve a budget amendment for payment to Rau and Associates for payment of the study. Mayor Schneiter questioned when will the results be available. The Public Utility Director reported that it should be ready in a couple of months as more drilling is needed first before final analysis can be completed. M/S Malone/Wattenburger to authorize a budget amendment in the amount of $18,000 to Account 612-3580-250 from fund balance for payment of an engineering feasibility study by Rau and Associates reactive to the relocation of the storage pond levees at the Wastewater Treatment Plant. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 12d. Consideration of Request from ESA for Additional Compensation Relating to Project Cost Overrun and the Performance of Work Beyond the Scope of the Landfill EIR Contract The City Engineer/Public Works Director reported that ESA has submitted a request to the City for additional compensation for project cost overruns and for the performance of additional work requested by the City that was beyond the scope of the original contract for professional services. He explained the additional work and his recommendation to authorize payment equaling % of their request. Council queried staff regarding scope of work wording in contract, documentation, and critical timeframes required of the LEA. M/S Wattenburger/Malone to approve the payment of $6,326.52 to ESA 381 Reg. Mtg. March 6, 1996 Page 5 382 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - March 6, 1996 Page 6 for project cost overruns related to the work of the contract and for work performed beyond the scope of the contract; approved a budget amendment and transfer of $6,326.52 from the Solid Waste Disposal Replacement Fund No. 661 to Account No. 660-7301-250. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 13. CITY COUNCIL/REPORTS Councilmember Mastin - Reported on the MTA and Economic Development Finance Committee meetings he attended, and noted he will be out of town the week of March 18th. Councilmember Malone - Reported on the LCC and the Sun House Guild meetings he attended. Councilmember Wattenburger - Reported he is the Vice-Chair of LAFCO, noted he is on the Akerstrom sub-committee, noted the upcoming logging conference, and the City/County sales tax meeting has been postponed until further budget development. Councilmember Shoemaker - Reported on the LCC, Solid Waste meetings he attended. Mayor Schneiter - Reminded Council that it is time for individual Councilmembers to speak out on City Measures A and B, noted that March 8, 1996 is the 120 year anniversary of the City of Ukiah's incorporation, and mentioned the upcoming sewer treatment plant tours. 14. CITY MANAGER/DEPARTMENT HEAD REPORTS The City Manager reported on current Youth Service Ukiah efforts, the subscription time is nearing for the National League of Cities newspaper, and reminded Council to advise staff if any are interested in attending the May 2 & 3, 1996 Redevelopment Conference. John McCowen requested time to make a brief statement from the audience, which was granted by consensus of Council. Mr. McCowen suggested that the City develop an Ordinance to protect the new benches at the downtown Plaza from Skateboarders. Recess to Redevelopment Agency - 8:35 p.m. Reconvened - 9:45 p.m. CLOSED SESSION - Council entered Closed Session at 9:45 p.m. 15b. As per Government Code Section 54956.9 - Conference with Legal Counsel Regarding Potential Litigation Councilmember Shoemaker left the meeting at 10:05 p.m. 15a. As per Government Code Section 54956.8 - Conference with Real Property Negotiator Regarding 825 North State Street Property, for Right of Way Acquisition from R. Shoemaker Parcel Council came out of Closed Session at 10:15 p.m. 16. - ADJOURNMENT There being no further business, the Council adjourned to 4:30 p.m. on March 20, 1996 for a possible special meeting to interview Planning Commission applicants, if any are received by the deadline of Noon on March 13, 1996. / · ,~,/' , , , ,, ,; CCMIN. 222 Cathy Mc~ay CMC/AAE, City Clerk / / ! Reg. Mtg. March 6, 1996 Page 6