HomeMy WebLinkAboutMin 11-15-9533O
MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - November 15, 1995
The City Council convened in a regular meeting, of which the agenda
was legally noticed and posted, at 6:36 p.m. Roll was taken and the
following Councilmembers were present: Mastin, Malone,
Wattenburger, and Mayor Schneiter. Absent at roll: Councilmember
Shoemaker. Staff present: City Clerk McKay, City Manager Horsley,
City Attorney Rapport, Finance Director Elton, Public Works
Administrator Goodrick, Planning Director Sawyer, Assistant to the
City Manager Harris, Public Utility Director Barnes, Fire Marshal
Sprehn, and Assistant Redevelopment Director DeKnoblough.
2. INVOCATION/PLEDGE OF ALLEGIANCE
Mayor Schneiter delivered the Invocation and Councilmember Mastin
led the Pledge of Allegiance.
3. APPROVAL/CORRECTION OF MINUTES OF REGULAR MEETING OF NOVEMBER
1, 1995
M/S Malone/Wattenburger to approve the minutes of the regular
meeting of November 1, 1995, as submitted. The motion was carried
by the following roll call vote: AYES: Councilmembers Mastin,
Malone, Wattenburger, and Mayor Schneiter. NOES: None. ABSENT:
Councilmember Shoemaker.
4. RIGHT TO APPEAL DECISION
Mayor Schneiter reviewed Government Code Section 1094.6 of the
California Code of Civil Procedures.
CONSENT CALENDAR
M/S Mastin/Malone to approve the Consent Calendar as follows;
5a. Received and approved the Report of October 1995 Disbursements.
5b. Denied claims for damages received from Helen Miller; Lori Ann
Cashada, and referred them to the City Insurance Carrier, REMIF.
5c. Adopted Ordinance No. 960 adopting 1994 Uniform Fire Code,
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, and Amending Chapter 4, entitled, Fires.
5d. Awarded the bid for a steel bolted water tank to Peabody
TecTank Company in an amount not to exceed $21,815, and authorized
expenditure from the Water Department's operating budget from
account 820-3850-690.
5e. Authorized continued advertising in the Ukiah Daily Journal for
the one vacancy on Airport Commission.
The motion was carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, Wattenburger and Mayor Schneiter.
NOES: None. Absent: Councilmember Shoemaker.
6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward.
UNFINISHED BUSINESS
8a. Reallocation of Interest Income And Distribution of PERS
Surplus
The City Attorney advised this item of business should be addressed
after Closed Session.
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8b. Identify Council Desired Discussion Topics For Joint
Council/Planning Commission Meeting of November 29, 1995
The Planning Director reported on Planning Commission discussions
and individual requested matters for discussion at this upcoming
joint session.
Mayor Schneiter noted as the Planning Commission has requested this
meeting and reminded Council of the two hour timeframe, additional
items from Council may need to be limited.
Councilmember Malone requested that questioning of applicants
regarding matters not related to land use issues be agendized.
Mayor Schneiter requested the issue of residences in business parks
and discussion how the Planning Commission views residential use
and availability issues, be agendized.
Councilmember Shoemaker joined the meeting at this time of 6:45
p.m.
Councilmember Shoemaker requested stricter requirements for
attendance for Planning Commissioners and discussion of off-site
improvements.
NEW BUSINESS
9a. Authorize Transfer of Funds, $9,510.52, from NCPA General
Operating Account for Hydroelectric Plant Work
The Public Utility Director reported on September 20, 1995 Council
authorized the amount of $10,665 for the balance of funds to
complete maintenance work at the Hydro Plant and for the
development of a maintenance schedule and maintenance check list
for the plant. He explained this transfer amount of $9,510.52 is
the final payment and completion of the work relative to
maintenance on the generating and electrical systems. He explained
the work will be completed this week.
M/S Malone/Wattenburger to authorize the Public Utilities Director
to transfer $9,510.52 from the City of Ukiah's General Operating
Reserve Funds at NCPA for payment of work performed by the Northern
California Power Agency at the Lake Mendocino Hydro Project. The
motion was carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor
Schneiter. NOES: None.
9b. Approval of Amendment to Contract with Municipal Resource
Consultants for Revenue Enhancement Services For Business License
Information and Transfer Tax, Franchise Fees and Property Tax
The Assistant to the City Manager reported on the proposal received
from Municipal Resource Consultants to provide the City with
business license, property and documentary transfer tax and
franchise fee audits. He explained this would be no cost to the
City, due to a percentage fee paid, based on new revenue developed.
He noted this matter has been a concern of City staff, as the
property tax issue is significant and also affects Redevelopment
issues. He explained that MRC will assist the City in completing
the necessary SB90 State mandate reimbursement forms for
reimbursement from the State for costs associated with business tax
information.
Council queried staff regarding State reimbursement, possibility of
having City staff conduct this work instead of a consultant, and
recovery of City costs.
The Finance Director explained we will be developing a system which
we can use in the future which will be integrated. He explained why
using expertise in this field is more efficient. He noted there are
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other resources which can be accessed with information sources via
computers, and outlined the limitations of in-house hardware and
software to access all information sources.
Councilmember Wattenburger stated as these costs are reimbursable
and our City staff will be trained to take this program over, he
sees this as a good situation for us to increase unknown revenues.
M/S Wattenburger/Mastin to authorize the Mayor to execute amendment
to Consultant Services Agreement with Municipal Resource
Consultants (MRC) for revenue enhancement and audit services. The
motion was carried by the following roll call vote: AYES:
Councilmembers Mastin, Wattenburger, Shoemaker and Mayor Schneiter.
NOES: Councilmember Malone.
PUBLIC HEARING
7a. Consideration and Adoption of Resolution Adjusting Fees and
Charges for Refuse and Recycling Collection in the City of Ukiah I.
Approval of Revision to Garbage and Recycling Collection Service
Agreement Ii. Authorization of Budget Amendment
The City Engineer/Public Works Director reported on the
recommendation for a 8.21% rate increase for garbage and recycling
service. He explained this recommendation provides for 2.60%
contracted automatic annual rate increase equal to a net 75% of the
CPI increase, for the period March 1994 to March 1995, after
deduction for billing and franchise fees; a 1.60% recovery of
funds lost in prior year because of franchise and billing fee
deduction on gross revenue due to CPI adjustment; a 2.61% CPI
adjustment compensation for period July - December 1995,
(contractually due July 1); a 1.40% yardwaste processing fee. This
proposed increase reflects a portion of the funds necessary for
processing for processing yardwaste collected from the curbside
program. He reported that the remainder of funds necessary to
offset the processing costs of yardwaste collected from the
curbside program ($9,700) is proposed to be taken from the revenue
generated by the increase in franchise fees to be collected as a
result of the recommended increases of 2.60%, 1.60%, and 2.61%). He
noted this would be accomplished by transferring $9,700 from the
general fund to the Solid Waste Disposal Site Fund. He conducted a
slide presentation detailing a comparison of other rate structures,
information regarding Solid Wastes Systems Financial Statements,
comparison of recycling prices of Solid Waste Systems and Willits
Recycling, and various garbage rate calculations with various
options.
Council queried staff regarding yardwaste curbside pickup costs,
hauler pick up of large items, consumer price index adjustment
period timeframes, franchise fees, and computation process for
recommended CPI figures past and present.
PUBLIC HEARING OPENED - 7:37 P.M.
Bob Reid, 1141 West Standley St., stated he moved to his current
residence in 1986 with one 30 gallon can service which he is
charged $20.35 per month, and he read this hearing notice where
$10.80 is the rate proposed for a 30 gallon can. He outlined
problems he has incurred trying to remedy this overcharging, with
no satisfaction from the garbage hauler or City. He requested a
reimbursement. He reminded Council that many years ago the
franchising of garbage collection was sold to residents with the
promise of a free Spring and Fall cleanup, which is no longer, yet
the City still collects a franchise fee from the hauler and raises
rates.
Terry Melvin, 365 Washo Drive, reported he has a concern with a
yardwaste irony where he cut down a tree and put it in pickup to
take to dump free as curbside pickup was free. He found the dump
charges $3.75 per cubic yard due to discourage traffic on road due
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to Vichy Resort and homes, and feels this is not a real issue as he
pays taxes to drive roads. He also noted his neighbor's large
amount of yardwaste was not picked up by hauler. He urged Council
to not discourage yardwaste as landscaping is an asset to the
community and yardwaste is a natural by-product.
Mike Sweeney, Barbara Street, stated that yardwaste processing was
done at landfill previously and now must be hauled away at higher
cost due to neighbors complaints, but still could be done at
landfill. He encouraged Council to take this time, at the 3 year
window for review of the garbage contract and all other factors
such as recycling income and enhancement of recycling efforts. He
suggested continuing this rate hearing or make it provisional to
look into base level of rates, recycling, and recyclable materials
sales related companies. He distributed a copy of a Mendocino Solid
Waste Management Authority Report on Diversion of Solid Waste from
Disposal to Council.
Jim Salyers, Vice-President of Solid Waste Systems, commented
recycling markets fluctuate which makes it very difficult to
forecast and noted he is present to answer questions.
PUBLIC HEARING CLOSED - 8:04 P.M.
Council queried staff regarding the proposed 1.6% processing fee,
part of the last increase was for a new recycling truck which was
not received, questioned flow of recyclables through subsidiary
companies.
Mr. Warren, CPA for Solid Waste Systems, explained his summary of
shipments to recycling Reward company, explained deliver and
preparation costs of materials at 205 per ton, and explained other
costs involved.
Discussion ensued regarding recycling programs potential, current
recyclable prices are low due to overabundance of materials with
not enough demand.
Mr. Salyers stated they are always willing to negotiate with the
City to discuss services and additional contracts.
The City Attorney advised Council as to the contractual wording
allowing rate hearings and review CPI every 3 years to prevent
intensive investigations from fair rate of returns.
Recess - 8:39 p.m.
Reconvened - 8:46 p.m.
The City Attorney advised the contract should be amended in future
Council action, to reflect gate fee increases do not reflect loss
of revenue to contractor.
Councilmember Mastin questioned the issue of free curbside and
charge at dump, in addition to free fall and spring cleanup,
whether we could we do a free greenwaste cleanup twice a year.
Staff reviewed the problems associated with these past programs.
Councilmember Shoemaker suggested Council review the
recommendations just received from MSWMA and discuss them at a
future meeting.
Discussion ensued regarding contract increases versus fees or rate
increases and a negotiated contract change possibility.
Motion by Mayor Schneiter to adopt the revised schedule of fees and
rates for garbage and recycling collection service; authorize the
City Manager and City Attorney to revise the contract with Solid
Wastes Systems to clarify that the hauler shall receive a net 75%
of CPI adjustment; increase General Fund Franchise Fee revenue
budget by $9,700, and authorize transfer of $9,700 revenue
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generated by the increase in franchise fees collected) from the
General Fund to Solid Waste Disposal Site Fund to offset a portion
of the processing costs for yardwaste collected from the curbside
program.
The motion failed for lack of second.
M/S Wattenburger/Shoemaker to adopt Resolution No. 96-26 approving
the revised schedule of fees and rates, (to not include the
proposed 1.6% recovery of funds lost in prior years) for garbage
and recycling collection service; authorized the City Manager and
City Attorney to revise the contract with Solid Wastes Systems to
clarify that the hauler shall receive a net 75% of CPI adjustment;
increase General Fund Franchise Fee revenue budget by $9,700, and
authorized transfer of $9,700 (revenue generated by the increase in
franchise fees collected) from the General Fund to Solid Waste
Disposal Site Fund to offset a portion of the processing costs for
yardwaste collected from the curbside program. The motion was
carried by the following roll call vote: AYES: Councilmembers
Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES:
None.
9c. Approval of 1996-97 Budget Schedule and Setting of Date For
Council/staff Goal Setting Strategic Planning Session
The City Manager distributed a revised handout outlining the
upcoming budget schedule.
Councilmember Wattenburger requested City staff and Council stay
with these proposed final hearing dates of June 24-26, 1996, due
to his vacation scheduling constraints.
Council received the schedule.
9d. Approval of Memorandum of Understanding Between City of Ukiah
and Ukiah Redevelopment Agency for Grant Administration of Economic
Development Block Grant No. 94-EDBG-333
The Assistant Redevelopment Director reported the MOU was
distributed to Council yesterday. He explained in May 1995 the City
of Ukiah was awarded a CDBG grant in the amount of $151,519 to
establish a small business development revolving loan program. He
reported this MOU is between the City of Ukiah and the Ukiah
Redevelopment Agency to allow the Agency to provide grant
administration.
M/S Wattenburger/Mastin to approve Memorandum of Understanding with
Ukiah Redevelopment Agency to provide Grant administration of
Economic Development Block Grant No. 94-EDBG-333 and authorized the
City Manager to execute MOU. The motion was carried by the
following roll call vote: AYE: Councilmembers Mastin, Malone,
Wattenburger, Shoemaker and Mayor Schneiter. NOES: None.
9e. Discussion of Formation of Joint Powers Agreement For
Mendocino County Inland Water and Power Commission
Mayor Schneiter reported on the meetings he has attended
surrounding the Eel River and Russian River water issue. He
explained the development process in creating the drafts for a
joint powers agreement for Mendocino County Inland Water and Power
Commission. He noted he feels Council should discuss this proposal
and decide if and how they to participate, as it could be costly in
the future.
The City Attorney disclosed his potential conflict of interest as
he represents the Redwood Valley Water district, and noted this
district board has not addressed'this JPA matter yet. He reported
this proposed agreement does not provide for the City of Ukiah to
sit on this JPA governing board, and outlined the advantages to
have the City on this board. He clarified potential upcoming issues
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surrounding this water diversion.
Councilmember Wattenburger stated he feels we should be involved in
this.
Councilmember Mastin commented we should be an active member in
this and not pass up the current opportunity.
Councilmember Shoemaker indicated he feels we should be involved
for awhile to see how this develops.
Mayor Schneiter indicated he feels City representation should be
involved.
Councilmember Malone also answered in the affirmative.
After Council discussion it was determined that the City
representative is to be Mayor Schneiter as he is the most qualified
in water and power generation details, and should advocate for a
City voting representative.
9f. Approval of Appraisal Report For Right of Way Acquisition at
825 North State Street - Shoemaker Parcel
The City Attorney reported Council should address this item of
business after Closed Session.
9g. Adoption of Resolution Approving Management Unit Memorandum of
Understanding
The City Attorney reported Council should address this item of
business after Closed Session.
10. CITY COUNCIL REPORTS
Councilmember Mastin - Reported on the forum at Mendocino College
with Mayor and the City Manager regarding City issues and the role
of government; noted he will not be able to attend the December 6th
Council meeting.
Councilmember Malone - Reported he attended County Supervisor
Peterson's sponsored county workshop for the general plan opening;
and noted he will be speaking to Leadership Mendocino regarding
planning this Friday.
Councilmember Wattenburger - None.
Councilmember Shoemaker - Reported on request for support for
Carolyn Ratto of California for Vice President of National League
of Cities; reported on League of California Cities reduction of
President's appointments effects; and provided Council with a MSWMA
update.
Mayor Schneiter - Reported on a Mayors/Managers meeting he and the
City Manager attended in Ft. Bragg with Ukiah Public Safety
Director Keplinger; reported he met in a headwaters benefit meeting
with PG&E; noted he will be going to San Francisco for a NCPA
finance Committee meeting; and reported he will be attending the
meeting tomorrow night RRFC district.
11. CITY MANAGER/DEPARTMENT HEAD REPORTS
None.
CLOSED SESSION
12a. G.C. Section 54956.8 - Conference with Real Property
Negotiator Regarding 825 North State Street Property, for Right
of Way Acquisition from R. Shoemaker Parcel
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Councilmember Shoemaker did not enter Closed Session at this time.
Into Closed Session - 10:08 p.m.
12b. G.C. Section 54957.6 - Conference with Labor Negotiator, Ukiah
City Manager - Management Unit
Councilmember Shoemaker entered the meeting at 10:18 p.m.
12c. G.C. Section 54956.9 - Conference with Legal Counsel
Regarding Anticipated Litigation: One Case
Out of Closed Session - 10:55 p.m.
Sa. Reallocation of Interest Income and Distribution of PERS
Surplus
M/S Mastin/Wattenburger to allocate losses by City funds only
method and allocate PERS surplus as recommended by City staff. The
motion was carried by the following roll call vote: AYE:
Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor
Schneiter. NOES: None.
9f. Approval of Appraisal Report for Right of Way Acquisition at
825 North State Street, Shoemaker Parcel
M/S Schneiter/Wattenburger to approve appraisal report and
authorized staff to offer appraisal amount. The motion was carried
by the following roll call vote: AYE: Councilmembers Mastin,
Malone, Wattenburger, and Mayor Schneiter. NOES: None. ABSTAIN:
Councilmember Shoemaker.
9g. Adoption of Resolution Approving Management Unit Memorandum of
Understanding
M/S Wattenburger/Mastin to approve MOU with Management Unit as
proposed by City Manager. The motion was carried by the following
roll call vote: AYE: Councilmembers Mastin, Malone, Wattenburger,
Shoemaker and Mayor Schneiter. NOES: None.
13. ADJOURNMENT
There being no further business the meeting was adjourned at 10:56
p.m. to November 29, 1995, 6:00 p.m., in Civic Center Council
Chambers, 300 Seminary Avenue for Joint M~eting with Planning
Commission
t~ Mc~a~ City Clerk
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November 15, 1995
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