HomeMy WebLinkAboutMin 05-20-92272
MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - May 20, 1992
The City Council convened in a regular meeting at 6:31 p.m.,
in the Civic Center Council Chambers, 300 Seminary Avenue.
Roll was taken and the following Councilmembers were
present: Wattenburger, Shoemaker, Schneiter and Mayor
Henderson. Absent: Councilmember McMichael. Staff present:
City Clerk McKay, City Manager Rough, City Attorney
Rapport, Community Development Director Harris, Electric
Utility Director Barnes, Acting Finance Director Thomas,
Public Works Director Goforth, Executive Assistant
Stamelos, City Engineer Beard, Planning Analyst
DeKnoblough, Museum Director Abel-Vidor, and Electrical
Distribution Engineer Wobig.
INVOCATION/PLEDGE OF ALLEGIANCE
The Community Development Director delivered the Invocation
and Councilmember Shoemaker led the Pledge of Allegiance.
4. Proclamation Declaring June 7 - 13, 1992, as National
Safe Boating Week
Mayor Henderson announced this item of business will be
continued to the June 3, 1992 regular meeting, for
presentation at that time.
5. Special Order of Business - Report from Don Adams,
President, Mendocino Multi-Cultural Program
Don Adams, President of the Mendocino Multi-Cultural
Development Council and Nancy McHone, Director of the
Mendocino Multi-Cultural Program, expressed appreciation
for City support and provided Council an update on the
program's plans, goals and objectives.
APPROVAL/CORRECTION OF MINUTES
6a. Regular Meeting of April 15, 1992
M/S Shoemaker/Wattenburger to approve the minutes of the
regular meeting of April 15, 1992, as submitted. The motion
was carried by the following roll call vote: AYES:
Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor
Henderson. NOES: None. Absent: Councilmember McMichael.
6b. Regular Meeting of May 6, 1992
M/S Schneiter/Henderson approved the minutes of the regular
meeting of May 6, 1992, as submitted. The motion was carried
by the following roll call vote: AYES: Councilmember
Schneiter and Mayor Henderson. NOES: None. ABSTAIN:
Councilmembers Wattenburger and Shoemaker. Absent:
Councilmember McMichael.
7. Right to Appeal
Mayor Henderson reviewed Section 1094.6 of the California
Code of Civil Procedures regarding the appeal process.
CONSENT CALENDAR
M/S Shoemaker/Schneiter to approve the Consent Calendar as
follows:
Sa. Approved the Payroll Warrants, dated April 26 to May 9,
1992, #43428 to #43589, in the amount of $129,860.04; and
the General Warrants, #55560 to #55738, in the amount of
$2,079,684.23.
Bb. Denied the claim received from John and Rachelle
Butler, and referred it to the City's insurance carrier.
273
8c. Authorized the City Clerk to advertise Commission terms
expiring June 30, 1992, and process as necessary.
Sd. Accepted the work by Robert Meza Construction, for
Sidewalk Reconstruction Phase II, Specification No. 91-30,
as complete and directed the City Clerk to file the Notice
of Completion.
Se. Adopted Resolution No. 92-54, amending prior Resolutions
and designating certain streets or portions of streets as
diagonal parking zones.
Bf. Approved the procedure for sales of surplus or obsolete
materials, used equipment, and supplies, as proposed by
staff.
8g. Received and filed the report on modifications of
City/District cost sharing agreement and engineering
agreement with Kennedy/Jenks by the Ukiah Valley
Sanitation District Board.
The motion was carried by the following roll call vote:
AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and
Mayor Henderson. NOES: None. Absent: Councilmember
McMichael. Abstain; none.
9. Audience Comments on Non-Aqenda Items
No one came forward.
UNFINISHED BUSINESS
lla. Adoption of Resolution Authorizing and Directing the
Preparation of Certain Lease Financinq Documents Pertaining
to the Refundinq of the Certificates of Participation for
Civic Center Financinq, and Authorizinq Other Related
Actions Pertaining to the Financinq of the Construction of
the Equipment Maintenance Garaqe Facility, Remodeling of the
Golf Clubhouse, and the Acquisition of Certain Items of
E~uiDment
The City Manager distributed a description list and copy of
the Redwood Empire Financing Authority document that
includes Healdsburg and Sebastopol in a refinancing pool
which allows the City of Ukiah to remodel the community
clubhouse, construct the new equipment maintenance building,
purchase a one ton truck with aerial bucket and a street
sweeper, and refinances the Civic Center Certificates of
Participation.
Discussion ensued regarding partial financing and savings,
and property tax bill wording regarding City indebtedness.
The Acting Finance Director noted that this refinancing
proposal saves new issuance costs and with lower interest
rates will save approximately $140,469, based on a present
value basis.
M/S Schneiter/Wattenburger to adopt Resolution No.
92-55, authorizing and directing the preparation and
execution of certain lease financing documents, authorizing
the preparations and distribution of a preliminary official
statement in connection with the offering and sale of
certificates of participation relating thereto, and
authorizing and directing certain actions with respect
thereto. The motion was carried by the following roll call
vote: AYES: Councilmembers Wattenburger, Shoemaker,
Schneiter and Mayor Henderson. NOES: None. ABSENT:
Councilmember McMichael. ABSTAIN: None.
Reg. Mtg.
May 20, 1992
Page 2
274
NEW BUSINESS
12a. Adoption of Resolution Declaring Obsolete Water and
Electric Department Warehouse Stock as Surplus Items
The Acting Finance Director reported that as per Ukiah
City Code Section 1533, departments are required to report
surplus property to the Purchasing Officer. She reported the
Water and Electric Departments have provided a list of
inventory that they consider obsolete or unusable and is
surplus equipment or supplies they can no longer use. She
indicated these items can be auctioned to recover some
monies. She noted the water surplus supplies total charge
off amount is $4,793.95 and the electric surplus supplies
charge off amount is $11,761.03.
Discussion ensued regarding product liability.
The City Attorney explained the absolute liability rule and
advised there should be adequate disclosure. He indicated
there should be no problem with this process.
The Public Works Director noted that most of the water
surplus items are still being used within the industry.
M/S Shoemaker/Schneiter to declare the items presented by
the Water and Electric departments as surplus and obsolete.
The motion was carried by the following roll call vote:
AYES: Councilmembers Wattenburger, Shoemaker,
Schneiter and Mayor Henderson. NOES: None. ABSENT:
Councilmember McMichael. ABSTAIN: None.
12b. Adoption of Resolution Authorizing City Manager to
Make Application for Power Allocation From Western Area
Power Administration 1994 Marketing Plan
The Electric Utility Director reported the Western Area
Power Administration (WAPA) is developing a 1994 Power
Marketing Plan for the Central Valley Project, which will
affect our power contract due to expire on June 30, 1994. He
indicated that WAPA has requested applications to be
received by May 28, 1992, to insure continuation of current
power allocations. He noted that the City would be
requesting that our current 8.933 MW be renewed as firm
power and that our allocation be increased by 5 MW of firm
power and 2 MW of diversity power.
M/S Schneiter/Wattenburger to adopt Resolution No.
92-57, Authorizing the City Manager to make application for
power allocation from the Western Area Power Administration.
The motion was carried by the following roll call vote:
AYES: Councilmembers Wattenburger, Shoemaker,
Schneiter and Mayor Henderson. NOES: None. ABSENT:
Councilmember McMichael. ABSTAIN: None.
12c. Adoption of Resolution Authorizing the Execution of
Third Phase Agreement for Midway-Sunset Off-Peak Power
Purchase
The Electric Utility Director reported on the proposal to
replace the City's off-peak energy requirements from PG&E
to Northern California Power Agency (NCPA). He noted that
NCPA will be obtaining off-peak power from the
Midway-Sunset Cogeneration Company at a lower cost. He
explained that based on the last 12 month period of the
current off-peak energy requirements, the City of Ukiah
could receive an annual savings of approximately $30,000. He
reported on the specifics of the proposed agreement.
M/S Schneiter/Wattenburger to adopt Resolution No. 92-58
authorizing the Mayor to execute the Midway-Sunset Third
Phase Agreement. The motion was carried by the following
roll call vote: AYES: Councilmembers Wattenburger,
Reg. Mtg.
May 20, 1992
Page 3
275
Shoemaker, Schneiter and Mayor Henderson. NOES: None.
ABSENT: Councilmember McMichael. ABSTAIN: None.
pUBLIC HEARING
10a. Introduction of Ordinance Amending Building Code
Regulations Allowing Efficiency Units to be a Minimum of 150
sq. ft., Subject to Certain Criteria
The Community Development Director noted the public hearing
was continued from May 6, 1992, to better address the issues
of permanent or transitional housing, actual living space
and regulations pertaining to units over 220 square feet.
PUBLIC HEARING OPEN - 7:05 p.m.
Mark Rohloff, 2207 Road H Redwood Valley, Director of the
Ford Street Housing Project, explained the requirements are
for already existing units in which there are no minimum
standards or occupancy requirements at this time. He noted
this one project will allow lower rent with all units being
retrofitted with standardized kitchen and bath facilities.
PUBLIC HEARING CLOSED - 7:12 p.m.
Discussion ensued regarding code requirements and the
process for the proposed upgrades, lifestyle in a small
living unit, private party administration of such a housing
project and legal requirements.
M/S Schneiter/Shoemaker to read the title only of the
proposed Ordinance for the first reading. The motion was
carried by an unanimous voice vote of all AYE.
The City Clerk read the title only of the proposed Ordinance.
M/S Schneiter/Shoemaker to introduce the Ordinance
amending article 1, Chapter 1, Division 3, of the Ukiah
City Code to allow 150 square foot efficiency dwelling
units. The motion was carried by the following roll call
vote: AYES: Councilmembers Wattenburger, Shoemaker,
Schneiter and Mayor Henderson. NOES: None. ABSENT:
Councilmember McMichael. ABSTAIN: None.
NEW BUSINESS (cont.)
12d. Adoption of Resolutions Authorizing the City Manager
to Execute Contract with Municipal Resource Consultant
The Acting Finance Director reported on the proposal to
audit revenue to the City of Ukiah coming from 1% of the
State of California 7.25% sales tax rate. She outlined the
the proposal by Municipal Resource Consultants (MRC), who
provide specialized services in revenue enhancement and
information services to California cities.
Mr. Lowell Smith, MRC representative from the San Rafael
office, explained his company's proposal and services.
The City Manager noted that there exists only three or four
companies in California who provide this type of service,
and explained that this proposal offers the City of Ukiah
the most service for the least amount of cost.
Discussion ensued regarding continued quarterly reports,
lost revenues and causes, use-tax research and contract
wording.
M/S Shoemaker/Schneiter to adopt Resolution No. 92-59 that
approves contract with Municipal Resource Consultants and
authorizing City Manager to execute same; and to adopt
Resolution No. 92-60, designating a City Consultant as the
authorized representative to examine sales and use tax
records. The motion was carried by the following roll call
vote: AYES: Councilmembers Wattenburger, Shoemaker,
Reg. Mtg.
May 20, 1992
Page 4
276
Schneiter and Mayor Henderson. NOES: None.
Councilmember McMichael. ABSTAIN: None.
ABSENT:
12e. Adoption of Resolution Authorizinq Period Prior
Adjustment to Comply with Section 2105 Highway Users Revenue
Tax Maintenance of Effort Requirements
The City Manager reported this is a necessary adjustment in
accounting practices to access State funds derived from
highway user taxes.
The Acting Finance Director reported that since the passage
of Proposition 111 two years ago, the City has accumulated
funds of approximately $86,250 plus interest. She noted an
audit by the State Controllers Office revealed that
expenditures for street cleaning and leaf and tree control
need to be funded from the general fund instead of from the
solid waste disposal site. She noted compliance with Section
2105 necessitates a prior year journal adjusting entry of
$174,000.
M/S Schneiter/Wattenburger to adopt Resolution No.
92-61, approving prior year transfer of funds from the
general fund into the refuse/debris control fund. The motion
was carried by the following roll call vote: AYES:
Councilmembers Wattenburger, Shoemaker, Schneiter and
Mayor Henderson. NOES: None. ABSENT: Councilmember
McMichael. ABSTAIN: None.
12f. Adoption of Resolution Supportinq Local California
Conservation Corps and Opposinq Proposed State Cutbacks
Bill England, Mendocino Center California Conservation
Corps (CCC) Director, advised Council of the proposed
State cut to the CCC program, and requested City support
for this youth program.
A1 Norris, Boardmember on the Citizen Advisory Board to
the CCC, addressed the valuable contributions of this
program to our community, and requested assistance in
sending a message to the State. He distributed sample
petitions to Council which will be circulated and taken to
the State capitol next Wednesday.
The City Manager noted with the current economy, this
program which was developed in the 1930's to assist economic
recovery, should be expanded, not reduced.
Mayor Henderson commented that this youth program is a
positive influence in Ukiah which will assist in
eliminating youth problems.
Dorothy Scadsheim, 211 Norton Street, stated this program
is one of the most cost effective programs the State has and
if it is eliminated it will end up costing us more in the
long run.
Michael Williamson, Vacaville, stated he joined the
CCC two weeks ago because he needs training and knowledge
for his future. He indicated with current society's
problems, the CCC offers hope to troubled youth. He
commented that if we don't give our young people a chance
now, what will our senior's have in the future.
Councilmember Wattenburger stated he works with the
CCC on a daily basis and it would be a great travesty of
government if they were to cut this program.
M/S W~ttenburger/Schneiter to correct the typographical
error in line 22 of the draft Resolution, from "wealthy" to
"healthy" and adopt Resolution No. 92-62, expressing support
of the Mendocino Center for the California Conservation
Corps, and opposition to the proposed cutbacks in State
Funding for the California Conservation Corps. The motion
was carried by the following roll call vote: AYES:
Reg. Mtg.
May 20, 1992
Page 5
277
Councilmembers Wattenburger, Shoemaker,
Mayor Henderson. NOES: None. ABSENT:
McMichael. ABSTAIN: None.
Schneiter and
Councilmember
12g. Matter of Valley-Wide Water Task Force Appointments
Process
The City Manager reported that at the Valley Wide Task Force
meeting of April 30, 1992, the Task Force voted to establish
a water task force, whose purpose will be to facilitate
cooperative water agreements and projects to the Ukiah
Valley as a whole. He noted the Water Task Force will
consist of two representatives from each water agency or
district, two representatives from the County of
Mendocino, one representative from the Farm Bureau and one
representative from the League of Women voters with the
first meeting scheduled for June 18, 1992.
Mayor Henderson nominated Councilmember Shoemaker and the
City Manager, or his designee, to be the City
representatives to the Valley-Wide Water Task Force.
Councilmember Wattenburger seconded the nomination. The
nomination was approved with a unanimous voice vote of all
AYE.
12h. Schedule Meeting for Downtown Master Plan Workshop
The City Manager requested a joint meeting with the Council
and Redevelopment Agency be scheduled with the Downtown
Master Plan Committee to review the findings,
recommendations and strategies of the Master Plan as
submitted by the Master Plan Committee.
It was the general consensus of Council to set the date of
June 5, 1992, at 7:00 a.m., in the Council chambers for a
joint meeting with the Downtown Master Plan Committee for
review of the Plan.
COUNCIL REPORTS
Councilmember Wattenburger
None.
Councilmember Shoemaker
Reported on the Mendocino Transit Authority meeting he
attended, and commented the workman's compensation reform
legislation has been suppressed at the Capitol.
Councilmember Schneiter
Reported on the three day transportation conference held in
Ukiah, and noted the upcoming hometown parade will be led
by the City of Ukiah Fire department with Council and
families riding.
Mayor Henderson
None.
CITY MANAGER/DEPARTMENT HEAD REPORTS
The City Manager reported on the County meeting with
Masonite, at which Masonite's General Manager announced
International Paper is analyzing the possibility of closing
Masonite. The City Managerreported on current budget
information coming from the State.
Recess to Redevelopment - 8:15 Reconvened - 8:30
15. CLOSED SESSION
The City Attorney announced there is a need to go into
Closed Session to discuss a personnel matter.
Reg. Mtg.
May 20, 1992
Page 6
278
Councilmembers Wattenburger, Shoemaker,
Mayor Henderson. NOES: None. ABSENT:
McMichael. ABSTAIN: None.
Schneiter and
Councilmember
12g. Matter of Valley-Wide Water Task Force Appointments
Process
The City Manager reported that at the Valley Wide Task Force
meeting of April 30, 1992, the Task Force voted to establish
a water task force, whose purpose will be to facilitate
cooperative water agreements and projects to the Ukiah
Valley as a whole. He noted the Water Task Force will
consist of two representatives from each water agency or
district, two representatives from the County of
Mendocino, one representative from the Farm Bureau and one
representative from the League of Women voters with the
first meeting scheduled for June 18, 1992.
Mayor Henderson nominated Councilmember Shoemaker and the
City Manager, or his designee, to be the City
representatives to the Valley-Wide Water Task Force.
Councilmember Wattenburger seconded the nomination. The
nomination was approved with a unanimous voice vote of all
AYE.
12h. Schedule Meeting for Downtown Master Plan Workshop
The City Manager requested a joint meeting with the Council
and Redevelopment Agency be scheduled with the Downtown
Master Plan Committee to review the findings,
recommendations and strategies of the Master Plan as
submitted by the Master Plan Committee.
It was the general consensus of Council to set the date of
June 5, 1992, at 7:00 a.m., in the Council chambers for a
joint meeting with the Downtown Master Plan Committee for
review of the Plan.
COUNCIL REPORTS
Councilmember Wattenburger
None.
Councilmember Shoemaker
Reported on the Mendocino Transit Authority meeting he
attended, and commented the workman's compensation reform
legislation has been suppressed at the Capitol.
Councilmember Schneiter
Reported on the three day transportation cOnference held in
Ukiah, and noted the upcoming hometown parade will be led
by the City of Ukiah Fire department with Council and
families riding.
Mayor Henderson
None.
CITY MANAGER/DEPARTMENT HEAD REPORTS
The City Manager reported on the County meeting with
Masonite, at which Masonite's General Manager announced
International Paper is analyzing the possibility of closing
Masonite. The City Managerreported on current budget
information coming from the State.
Recess to Redevelopment - 8:15 Reconvened - 8:30
15. CLOSED SESSION
The City Attorney announced there is a need to go into
Closed Session to discuss a personnel matter.
Reg. Mtg.
May 20, 1992
Page 6
279
Council entered Closed Session at 8:31 p.m.
Council came out of Closed Session at 9:25 p.m.
The City Attorney noted no action had been taken.
ADJOURNMENT
There being no further
at 9:25 p.m.
CCMIN.98
busines~e(/~~meeting/~~.~/~//' ., was adjourned
C~thl/city Cl,~K~Yrk CMC /
Reg. Mtg.
May 20, 1992
Page 7