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HomeMy WebLinkAboutMin 12-16-92376 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - December 16, 1992 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 Chamber of the Civic Center, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Electric Utility Director Barnes, Finance Director Burt, Community Development Director Harris, Associate Planner O'Connor, Public Works Director Goforth, Acting Executive Assistant Yoast, City Engineer Beard, and Assistant City Manager Horsley. INVOCATION/PLEDGE OF ALLEGIANCE Councilmember McMichael delivered the Invocation and Councilmember Wattenburger led the Pledge of Allegiance. SPECIAL ORDER OF BUSINESS 4a. Presentation by Council and staff to Councilmember Frank McMichael Council expressed their best wishes and presented a plaque to outgoing Councilmember McMichael, as he leaves his Council seat to take his seat as Second District Supervisor for Mendocino County. The City Manager expressed staff's congratulations and best wishes to Councilmember McMichael, and presented him with a large signed card from all of staff at City Hall. Councilmember McMichael stated he sees a very positive new effort at the County level, and looks forward to his future at the County level while continuing the good relationship he has enjoyed, with the City Council and staff. 5a. Introduction of New Employee, Jacqueline (Jacque) O'Connor, Associate Planner The Community Development Director introduced Jacqueline O'Connor, and provided Council with a brief biography. The Associate Planner expressed her appreciation for joining the City of Ukiah and indicated she will endeavor to continue the spirit of her predecessor, Alice Yarbrough. APPROVAL/CORRECTION OF MINUTES 6a. Regular Meetinq of December 2, 1992 M/S McMichael/Wattenburger to approve the minutes of the regular meeting of December 2, 1992, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 6b. Regular Adjourned Meeting of December 8, 1992 M/S McMichael/Malone to approve the minutes of the regular adjourned meeting of December 8, 1992, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. 7. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. 377 CONSENT CALENDAR M/S Malone/Wattenburger to approve the Consent Calendar as follows; 8a. Approved the Payroll Warrants, from November 22, to December 5, 1992, #46192 to #46395, in the amount of $153,982.52, and the General Warrants dated December 16, 1992, #58218 to #58454, in the amount of $819,047.78. 8b. Denied the claims for damages received from Tony David Guiterrez and Horst Michael Selitsch, and referred them to the City's insurance carrier. 8c. Approved the request from the Ukiah Lions Clubs for use of the Ukiah Municipal Airport on June 20, 1993 for the sixth annual Ukiah Air Show. ' 8d. Awarded Bids for Various Electrical Transformer to GESCO for 5 - 25 KVA Polemount, 5 - 37.5 KVA Polemount and 4 - 37.5 KVA Padmount in the amounts of $4,531.30, $6,574.45 and $9,708.28; to Western States Electric for 2 - 75 KVA, 1 - 500 KVA, 1 - 750 KVA Padmounts in the amounts of $8,582.14, $9,045.46 and $12,652.28; to Cooper Power Systems for 2 - 25 KVA and 6 - 150 KVA Padmounts in the amounts of $3,910.34 and $33,815.94; to WESCO for 1 - 300 KVA Padmount in the amount of $7,882.87; all respectively including sales tax and freight. 8e. Awarded Contract for roof drain modification to the Civic Center Building to Ken Ray Roofing, in the amount of $15,750.00, with funding to be allocated from Unappropriated Reserves. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. UNFINISHED BUSINESS lla. Set Date and Time for Council Applicant Interviews It was the consensus of Council to set the dates of January 12, 13, and 14, 1993, from 2:00 p.m. to 7:00 p.m. each respective day. NEW BUSINESS 12a. Presentation of Audit Reports for Fiscal Year 1991-92 The Finance Director introduced Steven Herr, CPA, from Davis Hammon Company, who conducted the audit. Mr. Herr pointed out changes which occured last year and reviewed the Auditors' opinion, which is generally clean with the one qualification, which was noted in prior years, regarding lack of adequate fixed asset records. He noted other than this exception, the financial position of the City of Ukiah as of June 30, 1992, is in conformity with generally accepted accounting principles. He commended the finance staff for a job well done in spite of losing two of the top department personnel this last year. The City Manager pointed out the County Auditor is responsible for the distribution of Redevelopment Agency monies to other agencies, and the Agency will be receiving net allocations from the County in the future. Mayor Schneiter questioned asset distribution of the City and Ukiah Valley Sanitation District. The City .Manager noted that performing a fixed asset inventory IS a major effort in which half ($12,500) was budgeted for this year and the remainder is to be budgeted Reg. Mtg. December 16, 1992 Page 2 378 next year. He indicated this should be accomplished for the June 30, 1994 financial statements. It was the consensus of Council to accept the audit report for the City of Ukiah from Davis Hammon and Company, for the year ending June 30, 1992. 12b. Consideration of Resolution Adopting the Findinqs Under Government Code Section 65595 that Water Efficient. Landscaping Ordinance is Unnecessary at this Time and Establishes Ad Hoc Committee and Interim Policies The Public Works Director reported the California Legislature adopted AB325, known as the Water Conservation Act of 1990, effective January 1, 1993, declares that landscape design, installation and maintenance can and should be water efficient. He indicated while staff agrees with water conservation efforts, they feel it is prudent for Ukiah to adopt a local Ordinance and make findings to maintain local control over developing a water conservation landscaping plan which is effective in our area and needs. He noted the proposed Resolution establishes an Ad Hoc Committee comprised of seven members, which is to prepare a draft plan within six months for Council consideration. He explained that a list of potential appointees to the Ad Hoc Committee will be brought back to Council within 45 days. Discussion ensued regarding the State legislation and it's local effect. Councilmember Shoemaker stated he favors a local approach to this Statewide mandate and advised the selection of a knowledgeable committee is crucial for the development of a practical and effective water conserving landscape plan for Ukiah. He commented he would like to see three professional landscaper's on this committee instead of one. Discussion ensued regarding timeframes. M/S Wattenburger/Malone to adopt Resolution 93-40, with the amended wording to include a nine member Ad Hoc Committee with three landscape architect or landscape contractors doing business in the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Councilmember Shoemaker left the meeting at 7:16 p.m. PUBLIC HEARING (Continued from December 2, 1992) 10a. Consideration of Amendments to Ukiah Business Licenso Ordinance and Rate Structure. i. Introduction of Ordinance Amendinq Division 2 of the Ukiah City Code Pertaininq to Business Licenses ii. Adoption of Resolution Adopting Business License Fees Pursuant to Section 2152 of the Ukiah City Code The City Manager explained the proposed revisions to the Ukiah City Code pertaining to Business Licenses were developed as a combined effort by staff to reflect easier reporting by the business owner and administration efforts. Councilmember Shoemaker rejoined the meeting at 7:24 p.m. Carolyn Thomas, Finance Consultant, and thewthCiity Attorney proceeded to review each code section revision Council. Councilmember McMichael indicated he is opposed to a 20 percent delinquent penalty and feels a 10 percent is more appropriate. PUBLIC HEARING OPENED - 7:58 p.m. Reg. Mtg. December 16, 1992 Page 3 379 Gordon Johnson, 660 Leslie Street, asked what the City's net revenue from the existing license structure and what is the projected net change expected from the new license structure. PUBLIC HEARING CLOSED - 8:00 p.m. Ms. Thomas explained the current projected revenues for this year is approximately $124,000 and the majority of businesses which pay on a gross receipts basis, which is not effected by these proposed changes. She indicated any change would be a minimal 1 to 2 percent. Mayor Schneiter noted these proposed changes are for clean up purposes only and the rate structure remains unchanged, except the flatrate fees. Discussion ensued regarding penalty fees and daily peddler fees. Councilmember Malone noted the new due date will allow better accounting for budgeting purposes. It was the consensus of Council to amend the proposed Ordinance Section 2151 to a 10 percent penalty instead of a 20 percent penalty. M/S McMichael/Wattenburger to read the title only for the first reading of the Ordinance, with the amended wording that reflects a 10 percent penalty. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title of the proposed Ordinance. M/S McMichael/Wattenburger to introduce the amended Ordinance amending Division 2 of the Ukiah City Code Pertaining to Business Licenses. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. M/S McMichael/Shoemaker to adopt Resolution No. 93-39, adopting Business License Fees Pursuant to Sections 2152 and 2153 of the Ukiah City Code, with the amendment on Page 4, to reflect a $30 per month License Tax for peddler, magazine or periodical salesperson, or telephone solicitor. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. NEW BUSINESS (Cont.) 12c. Adoption of Resolution Authorizing Application to tho Home Investment Partnerships Proqram (HOME) and Authorizing the City Manager to Execute Aqreement The Community Development Director reported the Ford Street Project is attempting to secure funding for purchase and rehabilitation of the Redwood apartments on North State Street for housing of low income persons. He noted one of the financial sources is the Home Investment Partnerships Program (HOME) from the U.S. Department of Housing and Urban Development (HUD) through the State Department of Housing and Community Development. He explained this particular program requires that a political subdivision of the State make the application for the funds, the City is allowed to subcontract for actual use of the funds, and there is no liability for the local jurisdiction. Discussion ensued regarding federal requirements and the rehabilitation and management of this project. Mark Rohloff, Ford Street Project Director, indicated this funding will supplement California Housing Rehabilitation Program (CHRP) and indicated he will be working with both Reg. Mtg. December 16, 1992 Page 4 38O applications to facilitate the best way to complete this project. Councilmember Malone suggested a sign designating participating agencies should be posted in front of this project. M/S Wattenburger/Malone to adopt Resolution No. 93-41, authorizing submittal of application to the HOME Investment partnerships program and authorizing the City Manager to execute agreement. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 12d. Discussion Reqarding Cancellation of First Council Meetinq in January It was the consensus of Council to cancel the regular meeting of January 6, 1993. CITY COUNCIL REPORTS Councilmember Malone Reported on the Chamber of Commerce goal setting session and the Sun House Guild meeting he attended. Councilmember McMichael Reported he will be sworn in as Mendocino County District No. 2 Supervisor at 9:00 a.m. January 5, 1993, and noted he feels there is a real desire on the new Board of Supervisors to work together. Councilmember Wattenburqer Reported there was no MTA Board meeting. Councilmember Shoemaker Reported on the Mendocino Solid Waste Authority meeting he attended today. Mayor Schneiter Reported on the MCOG, Ukiah Valley Sanitation District and NCPA meetings he attended, and noted he will be attending the Ukiah Police Association dinner on the 18th. The City Attorney advised Council a Closed Session is needed, as per Government Code Section 54597, regarding a personnel matter. Recess to Ukiah Redevelopment Agency - 8:45 p.m. Reconvened - 9:48 p.m. Council went into Closed Session - 9:40 p.m. Council came out of Closed Session - 10:15 p.m. The City Attorney noted no action had been taken. ADJOURNMENT There being no further business, the meeting was adjourned at 10:16 p.m., to the January 12, 1993, at 2:00 p.m., ews. Ca~ M~K~y CMC/~, City CCMIN.118 Clerk Reg. Mtg. December 16, 1992 Page 5