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HomeMy WebLinkAboutMin 04-04-90438 MINUTES OF THE CITY COUNCIL CITY OF UKIAH - APRIL 4, 1990 The City Council convened in a regular session at 6:32 p.m. in the Council Chambers at the Civic Center, 300 Seminary Ave., Ukiah, California. Roll was taken and the following Councilmembers were present: Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. Absent: Councilmember Hickey. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Assistant City Manager Horsley, Acting Police Chief Williams, Fire Chief Mitchell, Deputy Fire Chief Sandelin, Electric Utilities Director Roper,City Engineer/Public Works Director Pedroncelli, Community Development D~rector Harris, Parks and Recreation Director McCarty, Administrative Secretary to the City Manager Stamelos, Finance Director Vara and Deputy Public Works Director Goforth. INVOCATION/PLEDG~ OF ALLEGIANCE City Clerk McKay delivered the Invocation and Councilmember Wattenburger led the Pledge of Allegiance. SPECIAL ORDER OF BUSINESS 4a. Commendation to Gary Bruchler on the Occasion of his Retirement Mayor Henderson read and presented the framed commendation to Gary Bruchler which honored his 32 years of service to the City of Ukiah, of which 29 years were as a paid firefighter. Mr. Bruchler thanked the Council and expressed appreciation for the Council's decision and appointment of new City Manager Chuck Rough. APPROVAL/CORRECTION OF MINUTES Mayor Henderson made the following corrections to the minutes of the regular Council meeting of March 21, 1990, as follows: Page 1, Item 4a., 1st paragraph, 2nd line, add "is" after the word "America"; and same paragraph, 5th line, strike the word "whose" and replace with the word "recipient"; Page 3, 5th paragraph, 4th line, after the word "crews" add the word "pick"; Page 5, 3rd paragraph, 2nd line, after the word "Project", add the wording of "to be used for preparation of applications for grant funding for homeless housing". M/S Schneiter/Wattenburger to approve the minutes of the Council meeting of March 21, 1990, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. ABSTAIN: Councilmember Wattenburger. 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 Consent Calendar Items 7a., 7b., 7c., 7d., 7e., 7f., and 7g., as follows: 7a. Approved the Payroll Warrants from March 4, 1990 to March 17, 1990, #33714 to 33867, in the amount of $113,959.66 and the General Warrants of April 4, 1990, #45723 to 45934, in the amount of $409,625.14. 7b. Denied the Claim of Serafin Benitez Mora and referred it to the insurance carrier, R.E.M.I.F. 439 7c. Awarded the bid for a new Backhoe/Loader to Hogue Equipment Company, Inc., in the amount of $28,796.88, which includes a trade in allowance and sales tax. 7d. Accepted the work as completed for the removal of underground fuel storage tanks, Specification No. 87-22 and authorized the City Clerk to file the Notice of Completion. 7e. Authorized the Mayor to sign amendment No. iA, EDA Grant for Carousel Sewer Project. 7f. Adopted Resolution No. 90-43, establishing a special fund for the water Filtration Plant Project. 7g. Approved the report of Administrative Actions and Proposals (R.A.A.P.) The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. UNFINISHED BUSINESS 9a. Adoption of Ordinance No. 901, Prohibiting Parking of Vehicles Exceeding 10,000 lb. GVWR in Residential Zones The City Manager noted that this Ordinance was originally introduced at the meeting of February 21, 1990 and was brought back to Council, with revisions, at the meeting of March 7 in which the revisions were approved. This Ordinance was then brought back for final adoption at the meeting of March 21, 1990 and was pulled for discussion regarding whether the revisions were made and the Council asked that this item be continued until this meeting when the City Attorney could address these questions. Discussion ensued regarding restriction of parking on private property, effect on business home operations and workmen who must drive their gasoline fueled trucks home, questions regarding the definition of a 10,000 lb. GVWR Commercial vehicle, large westside lots with rear parking that does not impact the neighborhood, and large acreage parcels on the hillsides that require heavy vehicles for maintenance. Mory McCloud, 301 Snuffin Street, suggested restricting just diesel fueled trucks as the quieter gasoline fueled trucks do not impact anyone and should be allowed to park in their own driveways and that the hillside lots need heavy equipment. Howard Rose, 820 Jackson, questioned whether recreational vehicles are included in this proposed Ordinance. The City Attorney answered no, this Ordinance only addresses Commercial vehicles. M/S Schneiter/Wattenburger to refer this item back to staff to address the concerns expressed by Council and provide some options before rewriting the Ordinance. The motion was carried by a unanimous voice vote of all AYE. 9b. Report and Recommendation Regarding the Purpose and Goal~ of the Parks, Recreation and Cultural Arts Commission The City Manager reported on the current duties of this commission as outlined in the City Code. He suggested the Council consider the present scope of oversight responsibility, a more community services based concept for the Commission, cultural arts responsibility remain or be separated, and whether the membership be opened to valley wide residents or remain open to the City of Ukiah residents only. Reg. Mtg. April 4, 1990 Page 2 440 Discussion ensued regarding a Community Services Commission and possible responsibilities, increased need for recreational programs for seniors and child care, funding, and demands on staff. Mayor Henderson expressed her wish that the Cultural Arts responsibility be separated out. It was the general consensus of Council that more education be provided to Council regarding this new concept of a Community services, maintain all current Commissions membership for Ukiah citizens only, and maintain the traditional role of the Parks and Recreation Commission but add the following: 1. The Commission shall make the periodic inventories of parks and recreational facilities and services that exist, and regularly provide the Council with community needs assessments in these areas. 2. The Commission shall advise the City Council in preparation of long-range parks and recreation capital improvements programs. Council discussed and expressed interest in a summer season concert program for the Civic Center as they had requested last year. 9c. Recommendation for Establishment of Valley-Wide Task Force The City Manager explained the recommendation for a Ukiah Valley Governmental Services Task Force, as initiated by the agreement between retiring County Administrator Albert Beltrami and Interim City Manager Richard E. Watson. He noted the need to evaluate present public services and public service delivery systems in the Ukiah Valley and their adequacy in terms of cost-efficiency and effectiveness of service to the residents of this valley. He stated the Task Force will be primarily charged with identifying the optimum ways of delivery of sewer, water, fire protection and emergency response services in the Valley, and explore the establishment of consistent development standards and costs between local agencies. Mayor Henderson commented that this is a needed tool to assist in planning for future growth. Discussion ensued regarding staffing costs and membership composition. M/S Shoemaker/Schneiter to approve the Ukiah Valley Governmental Services Task Force as amended, to be comprised of the following membership: 3 County appointees (2 board members and the County Administrative Officer), 3 City appointees (2 Councilmembers and the City Manager), 1 representative from the Ukiah Valley Fire District, 1 representative each from the Millview, Redwood Valley, Willow, Calpella, Rogina and Russian River Flood Control Water districts, 1 representative from the Farm Bureau, 1 representative from the League of Women Voters, and 4 public members as submitted from the other Committee members. The motion was carried by a unanimous voice vote of all AYE. 9d. Adoption of Resolution Appointinq Members to the Recyclin~ Task Force - The City Manager reported on the recommendations they have received for the Recycling Task Force from the various agencies selected by Council. M/S Schneiter/Wattenburger to adopt Resolution No. 90-44, appointing Dan Garvin, Betty Hartnett, Charles Chase, Michael Sweeney, Gerald De Chaine, Bill England, William Jones, Phil Ward, Heinz Dullinger, and Denise Hoffman to the City of Ukiah Reg. Mtg. April 4, 1990 Page 3 441 Recycling Task Force. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. 9e. Discussion of Mandatory Recycling Procedures at the Landfill Including Consideration of a Proposed Mandatory Recycling Ordinance The Director of Public Works reported on the meetings and discussions with the Recycling Action Group regarding mandatory recycling, by Ordinance or by policy implementation of procedural changes at the landfill site for prohibition of recyclable materials. Discussion ensued regarding the proposed Ordinance severity, development of a policy and a 6 to 12 month trial period, new signage desired, and prohibition of tires and white metal. M/S Schneiter/Shoemaker directed staff to construct a process and policy statement that reflects the Council's attitude toward the non adoption of a mandatory recycling ordinance. The motion was carried by a unanimous voice vote of all AYE. It was the general consensus of Council for this matter to come back to them at the first meeting of May. 9f. Set Date for Goal Setting Session It was the general consensus of Council to meet on April 19, 1990, at 5:00 p.m. in the Council Chambers for the continuation of Goal Setting Workshop. Break to Redevelopment - 8:08 p.m. Reconvene - 8:38 p.m. NEW BUSINESS 10a. Recommendations from the City Manager and the Golf Screening Committee for Retaining a Contracted Golf Pro for the Ukiah Golf Course The City Manager reported receiving over forty applications for the Golf Pro position and explained the process by the Golf Course Selection Committee of elimination to the top four finalists of which the City Manager personally interviewed. Mayor Henderson thanked the members of the Golf Screening Committee for all their work on this matter. Discussion timeframes. ensued regarding contract negotiations and Councilmember Schneiter stated he does not wish to see back and forth negotiations. The City Manager answered that he will pursue single negotiations in order from the top finalist. M/S Schneiter/Wattenburger approved the recommended finalist list as ranked and submitted by the Golf Course Selection committee; authorized the City Manager to enter contract negotiations with the two top ranked finalists for the contracted Golf Pro as submitted by the Golf Course Selection Committee; authorized the City Manager and City Attorney to execute a professional services contract on behalf of the City of Ukiah with whichever one of the top two finalists that is in the best interests of the City and the Golf Course; authorized the City Manager to include the retention of the current Golf Pro Assistant as one of the terms and conditions of any contract negotiations with either of the two Golf Pro finalists; and authorized the City Manager to further explore a possible contract relationship for the refurbishment of the Reg. Mtg. April 4, 1990 Page 4 442 Club House including but not limited to restaurant and banquet facilities at the Golf Course. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: none. ABSENT: Councilmember Hickey. .~0b. Matter of Transformer Disposal The Electric Director reported on the Electric Departments transformer removal program and the current need to dispose of transformers as the last disposal was in the Spring of 1987. He explained that the list of transformers was sent to six Environmental Protection Agency approved disposal companies with quotes received from four which ranged from $12 370 to $40,271. ' · M/S Schneiter/Wattenburger approved contract for the disposal of PCB contaminated transformers and waste to S.D. Meyers Company for the amount of $12,370.00. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. 10c. Matter of Sign Violation at 737 South State Stree~ The City Attorney reported on correspondence sent to the property owner and stated that there has been no voluntary compliance or application for the required permits. M/S Wattenburger/Schneiter authorized the City Attorney to file suit in order to obtain court orders to enforce the sign ordinance. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. 10d. Request from Mendocino Development Corporation for Gran~. Assistance - Incubator System The City Manager reported on the request from Mendocino Development Corporation for $3,500 for application preparation costs for a Community Development Block Grant application for a business incubators feasibility study. Discussion ensued regarding available funds in the CDBG funds. Councilmember Shoemaker expressed concern that we have no policy for dispensing these funds. Discussion ensued regarding development of these funds and allowed uses. Bill Lindsteadt, Executive Director of the Mendocino Development Corporation, explained the Rural Renaissance Grant funds and County program, which is administered by MDC. He stated that the application process will take an estimated 45 days and needs to address the targeted and median income of low and moderate income City residents. He noted that the application is due by June 1, 1990 but indicated that the applications are processed on a first come, first serve basis. Councilmember Shoemaker asked if MDC would pursue this grant if the $3,500 was not provided ? Mr. Lindsteadt answered that the MDC does not have the money in their budget, but development of small businesses in Ukiah would benefit the City by increased sales tax revenues. Discussion ensued regarding in house and partial contract preparation of this application, other possible business incubator studies done by others. Reg. Mtg. April 4, 1990 Page 5 443 Mr. Lindsteadt stated these program funds from HDC have just been made available this year for these type activities and there is a good possibility of getting this grant. Mayor Henderson asked who funds the actual incubator after the feasibility study is completed. Mr. Lindsteadt answered that the feasibility study will determine who provides the funding, but there are public funding agencies (grant monies) that have funded incubators nationwide and statewide. He commented that depending on how the grant application is prepared, the HDC could pare down the application dollar request, but indicated they will be careful in the preparation. M/S Schneiter/Wattenburger authorized $3,500 to Mendocino Development Corporation to prepare Community Development Block Grant application for Business Incubator Feasibility Study. Councilmember Shoemaker reported hearing some expressed concerns that this project is not feasible for an area like this as it would need continued subsidies to keep the project going and feels uncomfortable even though he has expressed previous support for economic development in Ukiah but is concerned about cooperation of the agencies involved. He desires development of policies regarding distribution of CDBG funds. The previous motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. Michael Pucci, Community Development Commission, explained the history of development and intended use of the CDBG funds. 10e. Authorize the City Manager to Enter into Agreement for Engineering Services for Water Filtration Plant with HDR Engineering, Inc. The City Engineer/Public Works Director reported on the evaluations of proposals for engineering services for the design of the 6 MGD Water Filtration Plant and noted that HDR Engineering ranked the highest with high praise for their work in the development of new water treatment plants in Willits and Ft. Bragg. He noted that staff estimates the maximum costs for this service will range between $298,000 and $323,000, depending on the duration of the construction phase. M/S Wattenburger/Schneiter authorized the City Manager to enter into and agreement with HDR Engineering, Inc. for the design of the 6 MGD Water Filtration Plant. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSENT: Councilmember Hickey. Bill Lindsteadt, Executive Director of Mendocino Development Corporation, stated he inadvertently omitted some information regarding agenda Item 10d. He informed the Council that the feasibility study grant, HDC will require a 21% match from the City. Mayor Henderson stated this is new information and is not comfortable with the previous action. M/S Shoemaker/Schneiter to reconsider Item 10d. Request from Mendocino Development Corporation for Grant Assistance - Incubator System is desired. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. Discussion ensued regarding cost to the City of Ukiah. Reg. Mtg. April 4, 1990 Page 6 444 M/S Henderson/Schneiter as there was new information regarding a 21% matching fund requirement to the feasibility study submitted after the vote, to rescind the prior motion to approve the allotment of $3,500 and refer to staff for the next meeting for discussion of the matter of where the additional funding will come from should that grant funding be approved at that time. The motion was carried by a unanimous voice vote of all AYE. CITY COUNCIL REPORTS Councilmember Wattenburger Reported on the MTA meeting he attended regarding budget constraints and cut backs. Councilmember Shoemaker Expressed appreciation for the prompt spring mowing of the Airport, commented he feels we should encourage the County to use recycled paper products as we do to help reduce the cost of recycled products. Councilmember Schneiter Noted there was no LAFCO meeting and recommended trying the ride-along program with our Ukiah Police Department. Mayor Henderson Reported on the NCPA interview and lack of a quorum for a Council meeting on April 2, 1990. City Manager Noted he will attend a Redevelopment Seminar in San Francisco April 5 and 6, and the Assistant City Manager will be the Acting City Manager. 12a. Status Report on the Curbside Recyclinq Survey Reported on the participation rates of the first four weeks of the curbside recycling program and provided the Council with the comments of residents responding to the survey the city distributed. Mayor Henderson stated it is obvious that more education is required regarding why we need to recycle and thanked the staff for the tremendous effort in distributing and compiling this survey and its results CLOSED SESSION The City Attorney stated there is a need to meet in Closed Session to discuss pending litigation, under the exception of the Brown Act,Subsection Bi, Section 54956.9 of the Government Code, regarding Mendocino Environmental Center v.s. City of Ukiah, et. al. Mendocino County Superior Court Case No. 59987. M/S Schneiter/Wattenburger to go into Closed Session to discuss pending litigation regarding Mendocino Environmental Center v.s City of Ukiah, et. al. Mendocino County Superior Court Case No. 59987. The motion was carried by a unanimous voice vote of all AYE. Council went into Closed Session at 9:55 p.m. Council came out of Closed session at 10:45 p.m. The City Attorney noted no action was taken. ADJOURNMENT Reg. Mtg. April 4, 1990 Page 7 445 There being no further business 10:45 p.m. CCMIN.29 the/meeting was a~journed at /' CatSy Mc~K~', City,ark Reg. Mtg. April 4, 1990 Page 8