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HomeMy WebLinkAboutMin 10-05-94141 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - October 5~ 1994 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:31 p.m., in the Council Chambers of the Civic Center, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, and Mayor Schneiter. Absent at roll: Vice- Mayor Shoemaker. Staff present: City Clerk McKay, City Manger Rough, City Attorney Rapport, Public Safety Director Keplinger, Police Sergeant McBride, Fire Marshall Sprehn, Assistant Redevelopment Director DeKnoblough, Code Enforcement Officer Tuliback, Assistant City Manager Horsley, Recreation Coordinator Weselsky, Planning Director Sawyer, Acting Interim Finance Director Thomas, Customer Service Representative Sechrest and Airport Manager Bua. ' 2. Invocation/Pledge of Allegiance Mayor Schneiter delivered the Invocation and Councilmember Wattenburger led the Pledge of Allegiance. Proclamations 3a. Declaring Public Power Week of October 2 - 8~ 1994 Mayor Schneiter read and presented this proclamation to Ukiah Public Utility Director Darryl Barnes, who accepted it on behalf of the Electric Utility employees who are dedicated to our mission statement for excellent service to the citizens. 3b. Declaring Fire Prevention Week of October 9 - 15~ 1994 Mayor Schneiter read and presented the proclamation to Fire Marshall Roger Sprehn who explained this week is dedicated to Fire Prevention week as it commemorates the largest City fire and also the largest wildland fire in the history of the United States. Mayor Schneiter read and presented the Proclamation to Sergeant McBride, Executive Director of the newly formed Ukiah Police Action League. He expressed appreciation for the recognition and explained the upcoming youth, programs. INTRODUCTION OF NEW EMPLOYEES The Planning Director introduced the new full time Code Enforcement Officer, Carl Tulebeck, and the Assistant City Manager/Community Service Director introduced the new Recreation Coordinator Tammi Weselsky. M/S Mastin/Wattenburger to approve the minutes of the regular meeting of September 21, 1994 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. RIGHT TO APPEAL DECISIO~ Mayor Schneiter reviewed Section 1094.6 of the Calofornia Code of Civil Procedures regarding the appeal process. CONSENT CALRNDAR 7a. Set date of October 19, 1994 for Public Hearing to consider Reg. Mtg. October 5, 1994 Page 1 142 adjustment of rates for garbage and recycling collection service. 7b. Awarded bid for above ground fuel storage tank at the Ukiah Municipal Airport to Beacom Construction in the amount of $149,734.00, subsequent to written confirmation of approved loan. 7c. Award of Bids for 3 wheel W500 Wertgen Asphalt Grinder/Milling Machine to Nixon-Egli in the amount of $121,735.19; tandem drum vibratory pavement roller to Peterson Tractor in the amount of $22,987.97; tandem drum Walk-Behind Vibratory Compactor to Westco Tractor in the amount of $9,883.09; tandem axle low profile trailer to Rainbow Ag Service in the amount of $3,398.48; and Authorize Change in Pavement Repair Equipment, cost of which will not exceed budgeted amount of $205,000. 7d. Adopted Res. No. 95-21 approving Grant Deed for 1461 Bush Street to County Community Development Commission and Authorize the Mayor to Execute Documents. 7e. Adopted Res. No. 95-22 authorizing subordination agreement and signatories for Esperanza Ford, 244 Carlton Drive. The motion was carried by the following roll call vote: Councilmembers Mastin, Malone, Wattenburger, and Mayor Schneiter. NOES: None. Absent: Councilmember Shoemaker. AUDIENCE COMMENTS ON NON-AGENDA ITEMS None. UNFINISHED BUSINESS 9a. Report from Council Subcommittee Regarding Alcohol Consumption in the Parks Councilmember Wattenburger reported after receiving input from many citizens, the Ad-hoc committee comprised of himself and Councilmember Mastin, is recommending no change at this time to existing City Code regarding alcohol use in the City parks. He explained it is their intention to re-address this matter in one or two years, and possibly re-evaluate it at that time. Councilmember Mastin explained that they did not see any overriding evidence to convince them the existing code should be changed. He noted this situation should be monitored though. It was the consensus of Council to accept the sub-committee's recommendation to leave existing City Code pertaining to alcohol use in the parks as it currently is. Councilmember Shoemaker arrived at this time - 7:01 p.m. 9c. Reconsideration of Council Liaison to Ukiah Community Center Councilmember Mastin expressed his concern regarding his appointment as Council liaison to the Ukiah Community center Board of Directors and the imposed Brown Act regulations that accompany this position. Discussion ensued regarding Brown Act regulation wording. M/S Shoemaker/Wattenburger to eliminate this Council liaison position to the Ukiah Community Center Board of Directors. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. ABSENT: None. Abstain: Councilmember Mastin. Councilmember Malone noted there could be other Council Reg. Mtg. October 5, 1994 Page 2 143 appointments which impose the new Brown Act regulations also. It was the consensus of Council for staff to conduct a review the status of other Council appointments to other organizations and research if there is any Brown Act impositions on other non- profit groups. 9b. Discussion Regarding Mayoral Nomination for Commission Appointment Proces~ The City Manager reported this request for discussion was requested by Councilmember Mastin at the last Council meeting. He noted the City Code prescribes that new members to City Commissions are to be appointed by the Mayor with the approval of the Council. He explained this matter has been discussed in the past and it appears there are no statutes pertaining to local government's procedures for commission appointment process. Discussion ensued regarding this one procedure and how it affects the Council's and Mayors authority and Commission composition, and possible alternatives. Bob Reid, 1141 West Standley Street, noted the Planning Commission nominates with approval by a second to the nomination and they develop a list of nominations to conduct voting on each nominated name. M/S Shoemaker/Mastin directed staff to develop an Ordinance with a rotational appointment process to forward to Council for consideration. The motion passed with the following roll call vote: AYES: Councilmembers Mastin, Malone and Shoemaker. NOES: Councilmember Wattenburger and Mayor Schneiter. Absent: None. 9d. Set Date for Solid Waste Workshop The City Manager reported there is a need for a special solid waste workshop for Council to address current City and County solid waste issues. He noted there is extensive public debate and discussion regarding various options or alternatives for a viable solid waste solution for all four County agencies who are participating in the Mendocino Solid Waste Management Authority. He explained there is a need for additional analysis for remaining life of the landfill site and the City has received a proposal from Rau & Associates in the amount of $8,600 for Phase I which includes 1. a total calculation of how much volume of material went into the Ukiah Landfill site between 1990 & 1992 2. compilation of aerial photos already done in a digitized manner in contours of five feet. He explained the total cost for all Three Phases would be $21,000, with Phase I to be completed within three weeks. He explained completion of all three Phases would take 10 weeks and City staff are attempting to acquire other proposals for this analysis work. He explained this analysis is recommended as the City Engineer has concerns regarding EBA Wastetechnologies landfill capacity estimates. The City Engineer explained his findings and analysis of the current capacity left at the landfill site, which is a critical factor in future policy decisions concerning solid waste issues. Councilmember Shoemaker stated that the Mendocino Solid Waste Management Authority has been attempting to resolve regional solid waste issues. The City needs to know exactly how much capacity is left in the landfill. But it is not necessary to have this information prior to the City Council making a policy decision on the 3M proposal or Ukiah taking all of the County garbage. A transfer station will eventually be assessed. He urged Council to make a determination and send the message via our City Manager to MSWMA before the next MSWMA meeting on October 19. It was the consensus of Council to set the date of October 18, 1994 at 5 p.m. in the Council Chambers of the Civic Center for a Reg. Mtg. October 5, 1994 Page 3 144 Solid Waste Workshop. Mayor Schneiter requested all correspondence be placed in the agenda packet It was the general consensus of Council for staff to pursue Phase I analysis and study regarding an aerial topography and topography comparison to determine landfill capacity. NEW BUSINESS 10a. Authorize Mayor to Execute Letter of Agreement for Services with the NCPA to Provide Analysis and Information Required by SB 1601 Relative to Low Income Weatherization Programs~ in Amount not to Exceed $2~000 The Public Utility Director reported all electric utilities are required to provide an analysis of the number and economic impacts of low income weatherization programs within our service area to the California Energy Commission. He explained the information need for this analysis has been collected from our customers by NCPA through annual service surveys they have conducted. He noted the City does not have the staff to compile the required reports and recommends authorizing the Mayor to execute a letter of agreement with NCPA to provide this service in the amount of $2,000. M/S Shoemaker/Wattenburger to authorize the Mayor to execute a letter of agreement for services with the Northern California Power Agency in the amount of $2,000. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 10b. Set Date for Electric Utility Workshop It was the consensus of Council to set the date of November 10, 94 at 5 p.m. for a Council workshop regarding the electric utility. Mayor Schneiter requested that NCPA be represented and Councilmember Shoemaker noted he would like a report concerning the status of the hydro plant. 10c. Authorize Bad Debt Write Offs for Fiscal Year 1993-94 The Acting Interim Finance Director Carolyn Thomas reported the total amount of bad debt write off for the fiscal year 1993-94 amounts to $55,174.28 which represents a .37 percent of total billings during that period, which exceeds the goal of a not to exceed .5 percent. She explained that %99.63 of the total billed amount of $14,9 million, were collected from fiance department staff. Council queried staff regarding procedures used in collection attempts, professional license notification, reference checks, and rental deposits. M/S Wattenburger/Mastin to approve the bad debt write-off fro fiscal year 1993-94. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 10d. Authorize City Manager to Execute an Agreement for Residential Project Representative Services for the Advanced Wastewater Treatment Plant Upgrade Project with Carl C. Thompson in an Amount Not to Exceed $150~000 The Public Utility Director reported there is a need for a project manager in the new wastewater treatment plant upgrade project, as has been successfully done in the past, on projects such as the new water treatment plant and the Ukiah Valley Reg. Mtg. October 5, 1994 Page 4 145 ,..,,..... Conference Center. He noted that Mr. Carl Thompson performed satisfactorily on these City projects and has extensive experience and expertise in the area of construction management. He explained he will also be overseeing the park plaza and new parking lot construction projects. Discussion ensued regarding why this process is not put out for bid, liability, and records and testimony critical from a project manager. The City Manager noted this hourly figure is less than the water treatment plant improvement project. The City Attorney explained the liability and inspection factors in construction management procedures. M/S Wattenburger/Malone to authorize the City Manager to execute an agreement for residential project representative services for the Wastewater treatment plant upgrade project between the City of Ukiah and Carl C. Thompson in an amount not to exceed $15,000.The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. CITY COUNCIL/REPORTS Councilmember Mastin Reported he attended as a judge in the MTA roadeo event and the West Company open house last Thursday. Councilmember Malone Reported on the downtown classic car show he attended last weekend. Councilmember Wattenburger Reported he flew all over the State of California this past fire season in low flying helicopters and was amazed to see all the different landfills and the types of operations. Councilmember Shoemaker He urged Council to read the 32 recommended resolutions proposed by the League of California Cities before the next meeting on the 19th. Mayor Schneiter Reported he attended the Annual NCPA meeting in Monterey, he will be testifying again for the Association of Water Agencies and noted the need for a pumpkin judge at the upcoming pumpkin festival on October 15. CITY MANAGER/DEPARTMENT HEAD REPORTS None. CLOSED SESSION - None ADJOURNMENT There being no further 8:45 p.m. CCMIN. 176 business,~e meeting was adjourned cat ' CUC/ , at Reg. Mtg. October 5, 1994 Page 5