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HomeMy WebLinkAboutMin 02-20-9185 Item 5a, to indicate that "Mayor Henderson presented Director of Public Safety Keplinger with his new Director of Public Safety Badge (DOPS)." M/S McMichael/Schneiter approved the minutes of the regular me~ting of February 6, 1991, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR The City Manager requested Items 9c, Approval of Agreement to Administer the Environmental Impact Report for the Airport Industrial Park, and 9d, Approval of Contract with Leonard Charles and Associates to Prepare the Environmental Impact Report for the Airport Industrial Park Planned Development to be pulled from the Agenda. He noted they will be reagendized for the March 6, 1991 Council Agenda. M/S Schneiter/McMichael to approve the Consent Calendar as follows: 9a. Approved the Payroll Warrants, dated from January 20, 1991 to February 2, 1991, #37719 to 37897, in the amount of $1,025,577.78, and the General Warrants, #49706 to 49889, in the amount of $861,051.16. 9b. Adopted Ordinance No. 917, Prohibiting Infants and Small Children on the Municipal Golf Course. 9e. Awarded contract to U.S. Surveys in Sacramento in the amount of $11,400 to provide a professionally conducted Community Attitude Survey in the City of Ukiah and authorize the City Manager to execute the Contract for Services. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. UNFINISHED BUSINESS 12a. Report Regarding SB 2557, County Tax Collection and Booking Fees The City Manager reported that at the County Board of Supervisor's meeting of February 12, they adopted ordinances imposing a property tax administration fee on cities, school districts, and special districts, and a jail booking fee on cities within Mendocino County. Ail the ordinances imposing the fees ~become effective 30 days from adoption. The fees are retroactive to July 1, 1990. He reported that this hidden tax the County has now perpetrated on the citizens of the County will represent this year to the City of Ukiah, $23,000 in property tax administration fees, and an estimated $150,000 to $220,000 in jail booking fees. If the County chooses to impose SB 2557 fees in the next fiscal year, the City can expect the fees to increase as well as the Redevelopment Agency incurring a property tax administration fee. He reported a referendum petition effort by the respective constituencies within cities, school districts, and special districts could be successful in bringing this issue to the voters or in having the Board of Supervisors reverse adoption of the ordinances. He stated a minimum of 2,869 valid registered voter signatures would be needed. Discussion ensued regarding the State legislature imposing the fee, when the City of Ukiah can expect to receive the County bill for the fees, use of facilities and Staff for publicity, legal time frames involved with collecting signatures and special election dates, the City of Ukiah budget being out of balance due to the imposition of the fees, other cities participating in a referendum process, and how the County of Mendocino used the estimated fees to try to help balance their budget. M/S Schneiter/McMichael adopted Resolution No. 91-44, supporting the Reg. Mtg. February 20, 1991 Page 2 c~rculation of referendum petitions to Compel election on County ordinances imposing property tax collection and jail booking fees on Cities, School District, and Special Districts. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ~ PUBLIC HEARING lla. Consideration of Adoption of Resolution Establishing Fire Protection Fee Schedule The Director of Public Safety reported that the Fire Marshal provided all the background investigation in developing these fees with input received from the Chamber of Commerce and the Builder's Exchange. He noted that the Fire Department will be establishing office hours in the mornings and on Wednesday evenings to provide builders with services to review their plans. He noted. cross-training will be provided to all shifts, seven days a week, in order to make available these services at all times to the community. The Fire Marshal reported that historically the Fire Department has provided the community with services that focused on limiting life and property loss after the outbreak of an emergency. He noted that this still holds true today, however, since the early 1970's more emphasis has been directed locally toward the preventing of fires and reduction of potential hazards through pro-active enforcement of applicable codes and ordinances, especially for new construction and for proposed developments. He reported the adoption of a Fire Sprinkler Ordinance in 1975 plus the significant revision of that Fire Sprinkler Ordinance and the adoption of the 1988 Uniform Fire Code in 1990, are key elements in this prevention effort. He noted that the outcome of this increased prevention effort, including enforcement and public education, has been to help hold down the need to add to the standing force of professional firefighters. At the same time, more staff resources are needed for the review of proposed developments for plan check, inspection of new construction including alerting/extinguishing systems, inspection of various occupancies where state licensing in hazardous materials permitting is required, and for underground tank removal. He noted that concerns expressed by the Chamber of Commerce and the Builder's Exchange have been taken into account in this revised Fire Protection Fee Schedule provided to Council. Discussion ensued regarding airport standby time, careless spill criteria, how fees are charged, citation procedures, and helicopter support at the hospital. Public Hearing Opened - 7:34 p.m. No one came forward. .Public Hearing Closed - 7:35 p.m. M/S Shoemaker/Wattenburger adopted Resolution No. 91-43, adopting fire protection fee schedules for the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. UNFINISHED BUSINESS (Continued) 12b. Adoption of Resolution Establishin~ Matchin~ Fund Policy for High School Tennis Courts The Acting Director of Community Services Department reported that the Ukiah High School tennis courts were originally constructed in part with assistance of grant monies from the Federal Land and Water Conservation Fund Program in 1980. She noted the City of Ukiah applied for these funds under the Urban Open Space and Recreation Program to cooperate with and assist the Ukiah Unified School District in the development of recreation facilities at the Ukiah High School site. She noted that included among the assurances agreed to by the City of Ukiah as prerequisite to obtaining the original grant funding, was a provision which would provide for the continuing operation and maintenance of the proposed project lands regarding the tennis courts for the Reg. Mtg. February 20, 1991 Page 3 87 purpose of public outdoor recreational use. She noted that although a 1979 agreement entered into between the City of Ukiah and the Ukiah Unified School District wherein the District took specific responsibility for maintenanCe of the facilities constructed under this grant, a letter received from the Federal Grant Representative, Mr. Keith Steinhart, indicating that as a grant recipient of record, the City of Ukiah has an obligation to ensure compliance with the original provisions as set forth by the Federal Land and Water Conservation Fund Program regarding maintenance of the facility. She noted that the tennis courts at the Ukiah High School are heavily used by the general public, in addition to serving as the primary facility for the various recreational tennis classes and tournaments offered to the citizens of the community and sponsored by the City of Ukiah Community Services Department throughout the year. She reported that at the Parks and Recreation meeting of February 11, 1991, they voted unanimously in favor of conceptual support for the project in which the City of Ukiah and Ukiah Unified School District would work together in order to bring about the restoration of the highly used community tennis courts. She stated that the City of Ukiah Tennis Instructor, Rosalind Peterson has indicated she wishes to conduct a local fund-raising effort in order to establish funds to help resurface the six tennis courts at the high school and wishes the School District and the City of Ukiah to participate in a matching fund capacity. She noted that Rosalind Peterson has received estimates approaching $40,000 for the removal and replacement of net posts and resurfacing of the six tennis courts. Charles Myers, Superintendent, Ukiah Unified School District, stated he believes this is a win-win-win situation, and appreciates the City of Ukiah's cooperation in this effort. He noted the need to work together in these fiscally trying times. He stated he will bring this matter to the School Board at their next meeting to help meet the needs of the community and benefit all users of the tennis facility. He noted that the $.49 Fund can be used for refurbishing or restoring school facilities to original condition. He did express concern that wording be entered into the resolution establishing a maximum donation amount from the District and City that should be itemized before the City and the schools commit to a matching fund participation amount. Discussion ensued regarding percentage participation, matching funds, amounts from the community fund-raising effort, the $.49 Fund, use of public funds in a mid-budget year, legal liability, legal ownership, lack of prior maintenance, future maintenance by the School District, possible substitute wording in the resolution, timing of the work and completion, and goals for the community fund-raising effort. Rosalind Peterson, 1481 North Bush Street, stated that the cracking at the Ukiah High School tennis courts needs to be done correctly, and also the resurfacing, as per the specifications by a tennis court contractor. She recommended doing this maintenance procedure at the time of the major repair. She provided Council a report on the condition of the six tennis courts at the ~high school. She stated that she never agreed to a matching fund with any entity and that she is only an individual .and not a group. She noted that she has only offered to initiate a fund raising in a four-month period of time and stated she feels it is not fair to specify a sum, especially $20,000 which she feels is unrealistic. She stated she cannot participate and have her name in a resolution that stipulates a 50%, or $20,000, matching fund policy. Marilyn Watkins, 1070 Maple Avenue, stated she was shocked at the $20,000 figure as she feels it is too high for a local community fqnd-raising effort. Discussion ensued regarding 1988 Park Bond Fund monies, other local fund-raising efforts and amounts, and other successful fund-raising efforts to build recreation facilities for the community. It was the general consensus of the Council that the City does share in the responsibility for the restoration and repair of the high school tennis courts, but requested that a private, community fundraising organization be formed and present their campaign plans and goals to the City Council at its March 20 meeting, so that Council can better determine what extent the City's financial participation should be. It was the general consensus of Council to accept the premise of sharing with Reg. Mtg. February 20, 1991 Page 4 88 the School District the repair and maintenance of the tennis courts, following such a private fundraising effort, and that any financial participation from the City would have to come from next year's budget. M/S Shoemaker/Wattenburger for the City of Ukiah and th~ School District to work together to repair the tennis courts as good as possible, working with a tennis contractor for a total cost not to exceed $1,600. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. M/S Wattenburger/Shoemaker for Staff to write an endorsement letter for Rosalind Peterson's use in the formation of fund-raising efforts. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. Recess - 9:06 p.m. Reconvene - 9:18 p.m. NEW BUSINESS 13a. New Water Treatment Plant i. Authorize Mayor to Execute Department of Water Resources Loan Contract Amendments Increasin~ Loan Amount, Extendin~ Project Time and Completion, Extendin~ Date to Begin Repayment The Director of Public Works reported now that the bids have been received for the new Water Treatment Plant and actual construction costs have been established, the State Department of Resources has been asked to consider three amendments to the Loan Contract which are: a) Amend the total amount of the loan to conform to the initial budget of project cost which will increase the loan amount from $2,700,000 to $3,427,628 (plus the 5% State administrative fee on actual funds dispursed, b) Amend the Loan Contract to provide for a project completion date of May 31, 1992 (previously November 30, 1991), and c) Amend the contract to provide for the repayment of the loan to begin with the first semi-annual payment on October 1, 1992 (previously April 1, 1992). He noted that the Department of Water Resources have approved these amendments and have forwarded the necessary documents for execution. He noted that on the initial budget of project costs, the new estimate of project cost is $3,427,628, with the addition of the 5% State loan administration fee makes the total loan amount $3,599,009. He noted this is approximately $496,000 less than the revised $4,095,000 presented to the City Council on November 20, 1990. He noted the net effect of this lower loan commitment will be a probable reduction in the water rate surcharge to City of Ukiah customers. M/S Schneiter/McMichael to authorize the Mayor to execute the necessary loan contract amendments to; a) increase the loan amount to $3,427,628 plus the 5% State Loan Administrative fee, b) extend the period of completion of the project from November 30, 1991 to May 31, 1992, to conform to the construction ~period allowed by the construction contract specifications, and c) change the date to begin repayment on the loan from April 1, 1992 to October 1, 1992. The motion was carried by the following roll call vote: The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ii. Adoption of Resolution Awardin~ Construction Contract to Kirkwood/Bl~, Inc. in the amount of $2,804,539 The Public Works Director noted ten bids were received and opened on January 31, 1991, for construction of the new Water Treatment Plant project. He noted the low bid of $2,804,539 was submitted by Kirkwood/Bly, Inc. of Santa Rosa, California. He noted the bids were very competitive as was evidenced by the less than $11,000 difference between the two lowest bids. He stated the City's Design Engineer, HDR Engineering, Inc., has reviewed Kirkwood/Bly's bid and has found it to be complete and responsive to the specifications and is recommending that the City proceed with construction of the project and award the contract to the low bidder of Kirkwood/Bly, Inc. The Public Works Director noted that Sig Hansen has established his own consulting business separate from HDR Engineering, Inc. but will remain the representative to this project. Reg. Mtg. February 20, 1991 Page 5 M/S Schneiter/Shoemaker adopted Resolution No. 91-45 awarding the bid for construction of the new Ukiah Water Treatment Plant to Kirkwood-Bly, Inc., Santa Rosa, in the amount of $2,804,539 for Items Nos. 1, 2, 3, 4, and 10 of said bid without the deduction of Bid Items Nos. 5, 6, 7, 8, and 9. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. iii. Approval of Agreement for Project Representative Services During Construction with Carl Thompson and authorize the City Manager to execute Agreement Public Works Director reported that services of a project representative include resident inspection and contract administration duties. He noted that in the contract with HDR Engineering, Inc, the City reserved the right to hire its own independent project representative to provide inspection and specific contract administration tasks. Approximately $70,000 of the $139,000 budget was allocated by HDR Engineering for this purpose. He noted that by exercising this contract option, this amount would be available to the City for hiring its own inspector and noted that HDR Engineering has no objection. Staff recommends hiring Mr. Carl C. Thompson as the independent inspection consultant for this project, as his qualifications and experience have been thoroughly checked and excellent comments regarding his abilities, knowledge, and skills have been received. He noted that the proposed service agreement provides for the payment of $5,250 per month for each month during construction of the project for compensation for inspection and contract administration. He noted that any month in which inspection services are required for less than 80 hours, the consultant will be paid for inspection services actually performed at the hourly rate of $32.81. Carl Thompson introduced himself to the Council and indicated his desire to assist the City of Ukiah with this large and much-needed project. M/S Schneiter/Wattenburger to approve the agreement for project representative services with Mr. Carl C. Thompson and authorize the City Manager to execute the agreement. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. 13b. Consideration of the 1991/92 Fiscal Budget Schedule The City Manager reported on the proposed Summary Budget Schedule for Fiscal Year 1991/92, starting February 25, and ending June 28, 1991. Councilmember Shoemaker stated he will be out of town and cannot participate in any meetings before March 15, 1991. The City Manager noted that on March 6, a permanent Schedule will be brought ~back before Council. It was the general consensus of Council to endorse the proposed Summary Budget Schedule for Fiscal Year 1991/92. 13c. Approval of Settlement Agreement and General Release Resarding Sales Tax Distribution The City Manager reported that a proposed resolution to the State Board of Equalization's incorrect distribution of sales tax revenues from unincorporated areas has been negotiated with the County of Mendocino. He noted equitable solutions have been provided which will address the concerns of the City, County, and Redevelopment Agency. He noted this settlement agreement precludes further legal processes and prescribes the actions to be taken of which the County has approved the proposal as prepared by the City Attorney and Staff. The City Manager reviewed the previous agreement and the new agreement for sales tax payments. Discussion ensued regarding the details of this agreement and Addendum No. 1 to the Ukiah Redevelopment Agency/Mendocino County/City of Ukiah Redevelopment Agreement. M/S Shoemaker/Schneiter to approve the Settlement Agreement and General Release for Supreme Court Case No. CV61599, and authorized the Mayor and City Reg. Mtg. February 20, 1991 Page 6 Clerk to sign said document. The motion was carried byithe following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. 13d. Approval of Addendum No. 1 to Ukiah Redevelopment A~enc¥/Mendocino County/Cit~ of Ukiah Redevelopment Agreement The City Manager reported that the County of Mendocino and City Staff have discussed several Redevelopment Agreement issues of joint concern, most notably the downtown office complex of the County Administration Center. He noted the County was to have completed a design and financing plan in December and the Agency had specific financial participation requirements within the next five years. He noted to resolve these issues in the State of California's erroneous sales tax distribution matters, the proposed changes to the agreement are provided in which these changes will reflect a more realistic time frame for County action and greater flexibility for Agency involvement. He stated that action by both the Redevelopment Agency and the City Council to amend the agreement is necessary since the original was a three-party agreement and noted that the County of Mendocino has approved this addendum. The City Attorney reviewed the changes to the Redevelopment Agreement. M/S Shoemaker/Wattenburger to approve Addendum No. 1 and authorize the Mayor to execute Addendum No. 1 to the Redevelopment Agreement between County of Mendocino, City of Ukiah, and Ukiah Redevelopment Agency. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. CITY COUNCIL REPORTS Councilmember McMichael Reported on the Sun House Guild meeting he attended. Councilmember Wattenbur~er Reported on his discussion with the Chairman of Mendocino County Fish and Game Commission regarding funding for riverside parks, referred to the excellent community support for our troops in the Persian Gulf, and noted all the yellow ribbons tied to the trees in Ukiah. Councilmember Shoemaker Reported he cannot attend the Mendocino Development Corporation meeting tomorrow. Councilmember Shoemaker gave the Agenda information to Mayor Henderson since Councilmember Wattenburger, who is the alternate, cannot attend as he has a meeting with the Mendocino Transit Authority. Councilmember Shoemaker offered his regrets as he could not attend the Employee Awards Dinner last Saturday night due to child care constraints, noted he likes the concept of the County using committees regarding each individual department, and reported he will be attending the Mendocino Solid Waste Joint Powers Authority meeting tomorrow and that he will not be at the Council meeting of March 6, 1991 due to vacation. Councilmember Schneiter Reported on the Ukiah Valley Wide Task Force meeting of February 7, the MCOG meeting he attended, noted the upcoming MCOG and LAFCO meetings on March 4, and provided Council with an overview of topics. Councilmember Schneiter requested a water rationing topic be agendized. The City Manager reported he will provide a report back to Council on the March 6 Agenda. Mayor Henderson Publicly thanked Executive Assistant Nancy Stamelos for her efforts in coordinating the League of California Cities Redwood Empire Division business Reg. Mtg. February 20, 1991 Page 7 91 meeting and dinner and thanked the Assistant City Manager Candace Horsley for her efforts in coordinating the Employee's Award Dinner Presentation Banquet and Dance last Saturday night. CLOSED SESSION The City Manager noted that there is no need to go into Closed Session at this time. ADJOURNMENT m e/tigg .~a's r~ There being no further business, the adjou at 10:04 p.m. Compiled by: Karen ¥oas t R:Clerk Reg. Mtg. February 20, 1991 Page 8