Loading...
HomeMy WebLinkAboutMin 10-03-90MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - October 3, 1990 The City Council convened in a regular meeting at 6:30 p.m., in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. The following Councilmembers were present at roll call: McMichael, Shoemaker, Schneiter and Mayor Henderson. Absent: Councilmember Wattenburger. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Assistant City Manager Horsley, Fire Chief Mitchell, Fire Captain Vander-Stoep, City Engineer Beard, Public Works Director Goforth, Community Services Director McCarty, Electric Utilities Director Roper, Executive Assistant Stamelos and Community Development Director Harris. INVOCATION/PLEDGE OF ALLEGIANCE Councilmember McMichael delivered the Invocation Councilmember Schneiter led the Pledge of Allegiance. and PROCLAMATION FOR FIRE PREVENTION WEEK (October 7 - 13, 1990) Mayor Henderson read and presented the Proclamation to Fire Chief Mitchell and Fire Captain Vander-Stoep, who outlined public education events for fire prevention in the community. SPECIAL INTRODUCTION - New Drug Enforcement Officer The Police Chief introduced Vita, a trained two year old female German Shepard, and her handler, Officer Richards. SPECIAL ORDER OF BUSINESS Mayor Henderson presented Commendations to past Commissioners Arthur Simmonds, Frank McMichael, Sheridan Malone, Pamela Armanino, and David Strong. Past Commissioners Alice Langton and Sharon Cantrall were unable to attend. Mayor Henderson read, congratulated and presented the Certificates for completion of Basic Lineman training to employees Bob Kiggins and Tim McLaughlin. 7. APPROVAL/CORRECTION OF MINUTES - October 3, 1990 Mayor Henderson made the following corrections to the Regular Council meeting minutes of September 19, 1990 as follows; Page 3, Item lla., 2nd paragraph, 1st line, change "has" to "had", Page 4, Item llb., 2nd paragraph, 1st line, change "has" to "had"; Page 5, Item llc., 2nd paragraph, 1st line, change "whom have" to "who had". M/S Shoemaker/Schneiter to approve the minutes of the Regular meeting of September 19, 1990, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Wattenburger. 8. RIGHT TO APPEAL Mayor Henderson reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. 9. CONSENT CALEND~ P. Councilmember McMichael questioned stipend amounts in the General Warrants. Th,. ?ity Manager noted these amounts were for stipend payments ~? V~lunteer Firefighters. Councilmember Shoemaker pulled Item 9c. Status Report on Sale of Surplus Ford/Seagrave Ladder Truck and Item 9d. Status Report on Paintinq of Newly Purchased Ladder Truck. They then became New Business Items 13g. and 13h, respectively. M/S Shoemaker/Schneiter to approve the Consent Calendar as follows: 9a. Approved the Payroll Warrants dated from September 2, 1990 to September 15, 1990, #36012 to 36177, in the amount of $128,196.29 and the General Warrants, #48002 to 48188, in the amount of $459,012.20. 9b. Adopted Ordinance No. 915, Amending Section 9165 and Adding Sections 9166-9167 to Article 14, Chapter 2, Division 9 of the Ukiah City Code, Establishing Planned Development Districts for the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Shoemaker, Schneiter and Mayor Henderson. NOES: None. ABSENT: Councilmember Wattenburger. UNFINISHED BUSINESS 12a. Matter of Planninq Commission Appointment Mayor Henderson requested that this vacancy be kept open and readvertised with applications to be returned to Council in one month. It was the general consensus of Council to not make the Planning Commission appointment at this time and to readvertise the vacancy. Councilmember McMichael noted that training and preparation of Planning Commission applicants would be very beneficial. The City Manager commented that an application, selection and orientation procedure is currently being developed for all Commissions, for future City Council consideration. 12b. Adoption of Resolution Appointing Members to the Cultural Arts Advisory Board The City Manager reported as ~er Ordinance No. 911, which was adopted September 5, 1990, a nine member Cultural Arts Advisory Board was established. He noted seven applicants, of which four are public members, had applied by the agenda deadline. He reported that the Ukiah Players appointed Paulette Arnold as their representative on October 2, 1990. M/S Schneiter/McMichael to adopt Resolution No. 91-23, appointing Nanette Gautlier-Guzzi, Susan Field, Barbara Wanderer, Jan McGourty as public members, and Helena Bell as Ukiah Symphony representative, Marilyn Smith as Sun House Guild representative, Penelope Rains as Ukiah Civic Light Opera representative, Paulette Arnold as Ukiah Players representative and to leave the Museum Endowment Fund representative appointment on Line 17 of the Resolution, blank. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Shoemaker, Schneiter and Mayor Henderson. NOES: None. ABSENT: Councilmember Wattenburger. Discussion ensued as to whether or not the Mayor appoints this Commission. Mayor Henderson stated these appointments are fine with her. PUBLIC HEARING - 7:00 p.m. lla. Adoption of Resolution Approving Revised Schedule of Fees and Rates for Garbage Collection Services for Residential and Commercial Accounts The Finance Director presented the report on Solid Waste Systems, Inc. request for review and increase of garbage collection rates due to increasing operating costs. He noted the last increase was November 1985. He outlined Solid Waste's Reg. Mtg. October 3, 1990 Page 2 requests and alternate City staff recommendations pertaining to projected revenue increases, percent rate increases per category, rates in Willits, Ft. Bragg and Mendocino County, percent increases in allocation of revenue, return on investment, and net investment figures. He reported that Solid Waste had requested addition of new categories after the noticing for this hearing and requested this Public Hearing be opened and continued to the next meeting as the City Manager's report was not available the required 10 days before the Public Hearing. Councilmember Wattenburger joined the meeting at 7:20 p.m. Discussion ensued regarding tipping fee figures, fuel costs, unknown future years retained earnings, profits, toter increases, and encouragement for recycling. PUBLIC HEARING OPENED - 7:50 p.m. John McGowen, P.O. Box 454, questioned Solid Waste's past return on investments and operating efficiency and commented he dislikes no extra charge for an increase in the number of cans and the disproportionate commercial volume rates. He expressed concern regarding typos in the first public hearing notice published, the City manager's report not being available until Thursday instead of Monday, and elderly people having to pay for large item pick up. He stated that all vegetation pick up during Clean Up Week should be eliminated as citizen's may put it out weekly. He encouraged the Council to look at all issues as a package before raising these rates. Chuck Williams, 3 Betty Street, commented he was happy to see the smallest can charges stay the same to encourage recycling. He urged Council to look at means to encourage reducing Commercial volumes. No others came forward. Staff shared with Council several alternative rate structures that further encouraged curbside recycling. Mayor Henderson stated the Public Hearing will be kept open until October 17, 1990. Council discussed recycling encouragement, commercial rates, and number of cans billed accountability. Recess - 8:16 p.m. Reconvene - 8:24 p.m. llb. Adoption of Resolution Approving Tentative Subdivision Map No. 90-22, Marlene Estates, Robert Harris and Olaf Gross Mayor Henderson polled the Council as to who had viewed the site, and all Councilmembers indicated they had viewed the site. The Community Development Director reported the Planning Commission considered and approved the Tentative Subdivision Map No. 90-22 that created the parcels to implement the Planned Development. He noted this nine acre subdivision creates 27 lots consisting of 18 single family parcels, two duplex parcels and seven multi-family parcels with an area reserved for a park and creek easement. He reported receiving correspondence from California Fish and Game that referred to Fish and Game Code Section 1603 that states the Department of Fish and Game must be notified prior to any grading of the streambed which would affect the stream and that a streambed alteration agreement must be obtained first. PUBLIC HEARING OPENED - 8:28 p.m. Chuck Williams, 3 Betty Street, questioned if any solar easements exist for this subdivision as we are a public power agency that should look to the future to reduce our dependency Reg. Mtg. October 3, 1990 Page 3 25 on foreign oil. He noted that streets in subdivisions should be solar orientated. No others came forward. PUBLIC HEARING CLOSED - 8:33 p.m. The Community Development Director stated that an Ordinance is needed to allow solar easements and the City of Ukiah does not have such an Ordinance at this time. He referred to Condition 16 that encourages orientation of homes to take advantage of passive heating and cooling opportunities. Councilmember Schneiter thanked staff for developing a Resolution that consolidates findings, negative declaration of environmental impact and conditions. M/S Schneiter/Wattenburger to adopt Resolution No. 91-22 finding the Negative Declaration Adequate and Complete and Approving Tentative Subdivision Map No. 90-22, Marlene Estates Subdivision. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Councilmember McMichael commented that solar construction costs are very high and the payback is not yet deemed worthwhile. NEW BUSINESS 13a. Award of Bid for Management Audit and Compensation/Classification Survey The Assistant City Manager reported receiving six proposals in May 1990 for conducting a comprehensive personnel compensation and classification study which was authorized by Council during 1989 Budget Hearings. She noted that during the 1990 Budget Hearings the Council approved the City Manager's recommendation to include a Management Audit. She reviewed all five proposals, the extent of relevant consultant experience and total proposed amounts. She noted that she and the City Manager analyzed and interviewed the finalist firms. She noted that the City Manager was recommending an award of contract for professional services to Nash and Company in the amount of $27,500. She noted the approved 1990/91 Budget had allocated $46,000. for the combined Compensation and Classification and Management Audit Studies. Councilmember Schneiter questioned how long until completed and starting date. The Assistant City Manager answered it will take 3 to 4 months and Mr. Nash has indicated he can start immediately. M/S McMichael/Schneiter to accept the proposal of Nash and Company, Inc. in the amount of $27,500. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. M/S Shoemaker/Wattenburger authorized the City Manager to sign the agreement with Nash and Company, Inc. for conducting a Compensation/Classification Survey and Management Audit in the City of Ukiah organization. The motion was carried by a unanimous voice vote of all AYE. 13b. Approval of Recommended Schedule for Growth Management Plan/General Plan Revision Project The City Manager reported the Growth Management Plan/General Plan Revision Project will be a comprehensive effort to establish the direction the Ukiah Valley will take through the beginning of the 21st Century. The degree, direction and quality of growth that is desired by the citizens of this Reg. Mtg. October 3, 1990 Page 4 community will be determined by extensive citizen participation and consultant expertise in the proposed 15 month schedule. The Community Services Director then reviewed in detail the proposed 15 month schedule. Mayor Henderson complimented the Project, the process and the schedule which she emphasized was tentative. Councilmember McMichael stated that citizens from the Ukiah Valley should be involved in this process for it to work. The City Manager affirmed that there could be Ukiah Valley representation in the process. Bill Townsend, stated he would like to see the Fishery Industry represented on the Growth Management Steering Committee. The City Manager agreed to include the fishing industry as part of the Steering Committee. M/S McMichael/Wattenburger to approve the proposed September 28, 1990 Growth Management Plan/General Plan Revision Project. The motion was carried by a unanimous voice vote of all AYE. 13c. Fisheries Mitigation at Lake Mendocino Hydroelectric Project The Electric Utilities Director reported that in conjunction with the development of our Hydro-Electric Plant, the City of Ukiah was required by the Federal Energy Regulatory Commission to come up with a plan to mitigate fisheries on the Russian River. It was determined that the City of Ukiah is to provide water and the means to deliver this water to the fisheries site when the fisheries site was constructed. He outlined the current and proposed facilities and requirements that may be used for the future fish hatchery. He noted the estimated cost of the overall project will be approximately $1.3 to 1.5 million. Discussion ensued regarding oxygen supplementation. The City Attorney recommended obtaining a written agreement with the Army Corps of Engineers to identify responsibilities. M/S Schneiter/Shoemaker authorized transfer of $150,625 from Electric Reserve Fund for fisheries mitigation, authorized the Army Corps of Engineers to do the plans and specifications and to sign an agreement with the Army Corps of Engineers. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 13d. Discussion of January 2, 1991 City Council Meeting M/S Shoemaker/Schneiter to cancel the regular Council meeting of January 2, 1991. The motion was carried by a unanimous voice vote of all AYE. 13e. Set date for Special Council Breakfast Meetinq for Review of League of California Cities' Resolutions It was the general consensus of Council to meet at 7 a.m. on October 11, 1990, in the Banquet Room of Manor Inn Restaurant for review of the League of California Cities proposed Resolutions. 13f. Authorize the City Attorney to Represent the City in Litigation - Cohen vs. City of Ukiah The City Attorney requested Council to defer this matter until after Closed Session. Reg. Mtg. October 3, 1990 Page 5 27 13g. Status Report on Sale of Surplus Ford/Seagrave Ladder Truck Councilmember Shoemaker questioned why only one bid was received for $18,000 when the estimated value was $30,000. The Fire Chief reported 100 bids were sent out with only two responses of which only one bid was received from Cresent Fire Protection District for $18,000. M/S Shoemaker/McMichael approved the sale of the 1961 Ford/Seagrave Ladder Truck to Cresent Fire Protection District. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 13h. Status Report on Painting of Newly Purchased Ladder Truck Discussion ensued regarding the cost and necessity of painting a Fire Ladder Truck red instead of leaving it lime green. M/S Wattenburger/Schneiter to approve painting the newly purchased Ladder Truck red for the amount of $7,116.00 plus tax by The Fireworks Custom Painting, Inc.. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, and Schneiter. NOES: Councilmember Shoemaker and Mayor Henderson. Councilmember Reports McMichael Reported on his analysis of the Museum and Civic Center roof leaks. Wattenburqer Commended City Staff on keeping Council informed during the recent heavy rain storm, and urged the immediate repair of Civic Center leaks as they may damage very expensive equipment. Shoemaker Reported on the PG&E Economic Development survey being conducted by Mendocino Development Corporation, he will distribute to appropriate staff two Local Goverment Commission pamphlets on Recycling and Composting, complimented Mervyns excellant landscaping, and reported on the first Valley Wide Task Force meeting. Schneiter Reported on the Annual NCPA meeting and the MCOG meeting he attended. Mayor Henderson Noted the new exhibit in the Civic Center foyer and reported REMIF will hold an open house in their new quarters on November 30, 1990. City Manager Reports Reported on the Joint Powers Agency formation meetings and the topics of concern, noted the upcoming Valley Wide Task Force meeting at the Sun House Public Meeting Room on October 4, 1990 at 7:00 p.m., noted the first Mobile City Hall at Nokomis Elementary School on October 11, 1990, at 7:00 p.m. and the first upcoming AB 939 Task Force meeting. CLOSED SESSION The City Attorney recommended going into closed session to Reg. Mtg. October 3, 1990 Page 6 28 discuss pending litigation under the pending litigation exception of the Brown Act, Government Code Section No. 54956.9(a), Cohen vs. City of Ukiah and Superior Court Case No. 60987, Ukiah Valley Fire Protection District vs. City of Ukiah, Superior Court Case No. 56504. He also noted the need to discuss a personnel matter. M/S Schneiter/Wattenburger to go into Closed Session upon advise of the City Attorney. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Council went into Closed Session at 9:32 p.m. Council came out of Closed Session at 11:07 p.m. M/S Schneiter/Wattenburger authorized the City Attorney to represent the City in Cohen vs. City of Ukiah and to file any action or third party complaints appropriate in his professional judgement to adequately protect the City's interest. The motion was carried by a unanimous voice vote of all AYE. ADJOURNMENT There being no further business, the meeting was adjourned to October 11, 1990, at 7:00 a.m. in the Manor Inn Banquet Room, 920 North State Street, Ukiah, ~alifornia, to discuss the proposed League of California Citi~], ! on~ . Re~.'luti~ CCMIN. 42 ~ ~t~ ~dKay / City ~erk / Reg. Mtg. October 3, 1990 Page 7