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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
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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.
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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
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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.
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Reg. Mtg.
March 6, 1996
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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
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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
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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.
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CCMIN. 222
Cathy Mc~ay CMC/AAE, City Clerk
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Reg. Mtg.
March 6, 1996
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