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