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HomeMy WebLinkAboutMin 04-18-89267 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - APRIL 19, 1989 The City Council convened in a regular session at 6:30 p.m., in the Council Chambers at the Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. Absent: None. Staff present: City Manager Payne, City Attorney Rapport, Community Development Director Harris, Public Works Director/City Engineer Pedroncelli, Finance Director Vara, Electric Utility Director Roper, Electrical Distribution Engineer Dunn, Assistant to the City Manager Horsley, Administrative Secretary to the City Manager Stamelos, and Recording Secretary Revheim. INVOCATION/PLEDGE OF ALLEGIANCE Councilmember Hickey delivered the Invocation and City Manager Payne led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES - APRIL 5, 1989 City Attorney Rapport made a correction to the Minutes of April 5, 1989, Page 7, noting that the first two lines under Closed Session should read as follows: "The City Attorney recommended that Council go into closed session under the Real Property Transaction exception to the Brown Act, Section 54956.8, . . ." City Manager Payne made a correction to the Minutes of April 5, 1989, Page 7, Paragraph 6, noting that the first sentence should read as follows: "M/S Schneiter/Wattenburger accepted the bid of Carlenzoli & Associates for South State Street improvements and signalization between the Airport entrance and Talmage Road for a maximum amount not to exceed $85,000 as recommended by staff." M/S Hickey/Schneiter approved the City Council Minutes of the Regular Meeting of April 5, 1989, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. ABSENT: None. Proclamation - American Home Week Mayor Henderson read a Proclamation which designated April 30 - May 6, 1989, as "American Home Week" in the City of Ukiah and presented the Proclamation to Ernie Fine of the Mendocino County Board of Realtors. Mr. Fine distributed a booklet to the Council entitled California's Housin~ Crisis: The American Dream Deferred. Mayor Henderson noted that she would be speaking at an upcoming meeting of the Board of Realtors. SPECIAL ORDER OF BUSINESS Sun House Video At the request of Mayor Henderson, Councilmember Shoemaker discussed the production of the Sun House Video and noted that the video was funded by the Sun House Guild and Pacific Bell. He commended Marge Boynton, Pat Denny, Suzanne Abel-Vidor, Sandra Metzler, Carol Benge, Ed Aiona, Greg Badano, and Kate Babcock Magruder for their efforts in the production of the video. The Sun House Video was presented. Mayor Henderson commended those who participated in the production of the video. Councilmember Shoemaker noted that the video would be available for public use such as at schools or service clubs and congratulated everyone that participated. Councilmember Schneiter stated that Norma Howard of Pacific Bell was unable to attend the meeting and conveyed her appreciation of the efforts of everyone involved with the video production. 268 Suzanne Abel-Vidor, Director of the Sun House and Grace Hudson Museum, stated that she felt the video would be a promotional and education tool for the facility. Mayor Henderson advised that the following three items would be added to the agenda under New Business: 13c. Selection of Consultant Firm for recruitment of City Manager 13d. Discussion of budget to pay for Interim City Manager and recruitment consultants 13e. Consideration of Grant to partially provide funds to the Ukiah Police Department for DARE instruction - Schneiter RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the California Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR M/S Schneiter/Hickey to approve the Consent Calendar Items 8a, 8b, 8c, and 8d, as follows: 8a. Approved the Payroll Warrants of April 19, 1989, #25549 to #25696, in the amount of $99,751.97. 8b. Approved the General Warrants of April 19, 1989, #40865 to #41030, in the amount of $1,173,847.07. 8c. Adopted Ordinance No. 885, Amending Zoning Code No. 89-5, minimum lot size, Agricultural Exclusive Zone. 8d. 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, Hickey, and Mayor Henderson. NOES: None. ABSENT: None. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Lynn Kirch, 400 Empire Drive, stated that she was representing the Board of Directors of Rusty Bowl BMX Club and explained in detail the difficulty the Club has experienced in obtaining a $1 million liability policy as required by the City to use City-owned property. She noted that she had contacted several insurance companies and was told repeatedly that liability policies for sports participants in the amount of $1 million did not exist. Ms. Kirch advised that she had been discussing this matter with City Attorney Rapport and gave an overview of what had transpired regarding insurance coverage. She submitted a packet of information to the Council and requested that this matter be agendized at the next meeting. Mayor Henderson requested City Attorney Rapport update the Council in this matter. City Attorney Rapport advised that he had been researching this matter and noted that all organizations using City-owned facilities for sporting events were required to obtain a $1 million liability policy which included sports participants. He explained that the City is a member of the Redwood Empire Municipal Insurance Fund (R.E.M.I.F.) and that this insurance coverage is requested by R.E.M.I.F. for each of the 14 cities belonging to R.E.M.I.F. The City Attorney advised that the City had been informed that the insurance policy of Rusty Bowl BMX included participant coverage and had subsequently discovered that participant coverage was not included after reviewing the policy. Discussion followed regarding liability insurance requirements wherein the Council offered suggestions to assist Rusty Bowl BMX in obtaining the necessary insurance coverage. ~ Mayor Henderson advised that she would contact R.E.M.I.F. to see if any of the other member cities have obtained a policy of this type for a BMX track. She Reg. Mtg. April 19, 1989 Page 2 269 also suggested that Ms. Kirch contact the City Manager's Office to obtain a list of the 14 member cities in order to contact them for information. PUBLIC HEARING 10a. Interest on Utility Bills i. Introduction of Ordinance - Governing Interest on City Utility Bills ii. Adoption of Resolution - Establishing Interest Rate on Past Due City Utility Bills City Manager Payne advised that this matter had been discussed at a previous meeting and asked the Finance Director to present the staff report in this matter. Finance Director Vara explained that the Council discussed this matter at its meeting of March 15, 1989, and the proposal is to charge interest for utility bills which have been delinquent for 60 days or longer. He advised that interest would be established at the beginning of each fiscal year and would be the prime interest rate plus two percent. PUBLIC HEARING OPENED - 7:20 P.M. No one desired to be heard in this matter. PUBLIC HEARING CLOSED - 7:21 P.M. M/S Hickey/Schneiter to introduce Ordinance No. 886 by title only. The motion was carried by a unanimous voice vote. Deputy City Clerk Payne read the title of Ordinance No. 886. M/S Hickey/Schneiter to introduce Ordinance No. 886, Ordinance Of The City Council Of The City Of Ukiah Adding Section 2051, Governing Interest On City Utility Bills, Chapter 13, Division 1, Of The Ukiah City Code. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. ABSENT: None. M/S Wattenburger/Hickey to adopt Resolution No. 89-37, Resolution Of The City Council Of The City of Ukiah Establishing Interest Rate On Past Due City Utility Bills. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. ABSENT: None. 10b. Utility Deposit i. Introduction of Ordinance - Amending Chapter 5 of the Ukiah Municipal Code ii. Adoption of Resolution - Establishing Utility Deposits and Rules Governing Utility Deposits City Manager Payne stated that this matter had been discussed at a previous meeting and noted that Council had requested that staff attempt to reduce last year's loss write-off situation. He referred the matter to the Finance Director. Finance Director Vara advised that staff's recommendation is to attempt to reduce bad debts by increasing utility deposits and establishing trip charges to cover an employee's time to deliver delinquent and final notices. He noted that reconnection charges would also be charged to encourage customers to pay their utility bills in a timely manner. Discussion followed. Mayor Henderson felt that there should be some type of a "hardship fund" for people who are unable to pay their bills. Councilmember Schneiter noted that some utility companies place a surcharge on all ratepayers to establish this type of fund. Reg. Mtg. April 19, 1989 Page 3 27O Finance Director Vara advised that the Finance Department allows customers to bring their accounts current with payment plans and customers having difficulty paying their bills are referred to such programs as the Reach Program for assistance. Councilmember Shoemaker asked about the timeframe of the notices and why they were hand-delivered. Finance Director Vara explained the timeframe of the notices and advised that people were often times difficult to reach by telephone. City Attorney Rapport advised that State statutes require that certain information be included in notices to terminate utility service and that said notices be personally served upon the customer. Councilmember Wattenburger left the Chambers at ~:27 p.m. Councilmember Shoemaker suggested that any changes regarding utility bills be explained in the City newsletter. PUBLIC HEARING OPENED - 7:30 P.M. No one desired to be heard in this matter. PUBLIC HEARING CLOSED - 7:32 P.M. M/S Hickey/Schneiter to introduce Ordinance No. 887 by title only. The motion was carried by the following voice vote: AYES: Councilmembers Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. ABSENT: Councilmember Wattenburger. Deputy City Clerk Payne read the title of Ordinance No. 887. Councilmember Wattenburger returned to the Chambers at 7:35 p.m. M/S Hickey/Schneiter to introduce Ordinance No. 887, Ordinance Of The City Council Of The City Of Ukiah Amending Chapter 5, Entitled "Utility Deposits" Of Division 4, Entitled "Utilities" Of The Ukiah City Code. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Wattenburger. Discussion followed. M/S Hickey/Schneiter to adopt Resolution No. 89-38, Resolution Of The City Council Of The City of Ukiah Establishing Utility Deposits And Rules Governing Utility Deposits. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Schneiter, Hickey, and Mayor Henderson. NOES: Councilmember Shoemaker. ABSENT: None. lOc. Adoption of Resolution - Use Permit No. 89-52, Ukiah Terrace, 32-unit apartment complex - Planned Development - George Rau City Manager Payne advised that the applicant requested that this matter be continued to the Council meeting of May 3, 1989. M/S Schneiter/Wattenburger to continue Adoption of Resolution - Use Permit No. 89-52, Ukiah Terrace, to the meeting of May 3, 1989, pursuant to the request of the applicant. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. ABSENT: None. PETITIONS AND COMMUNICATIONS lla. Letter from Community Development Commission of Mendocino County regarding Housing Voucher Program City Manager Payne referred to a letter from Michael Pucci, Director of the Community Development Commission of Mendocino County, requesting that the City Council support a Housing Voucher Program and~find it consistent with the City's General Plan Housing Element. Mr. Payne advised that staff had no Reg. Mtg. April 19, 1989 Page 4 271 objections to the request and noted that Michael Pucci was present in the audience if the Council had any questions. Discussion followed. M/S Shoemaker/Wattenburger to support the Housing Voucher Program for the Community Development Commission of Mendocino County and find it consistent with the City's General Plan Housing Element. The motion was carried by a unanimous voice vote. llb. Letter requesting use of Airport June 17 and 18, 1989 - Lions Air Sho~ City Manager Payne referred to a letter from Art Safford, Secretary of the Lions Air Show, requesting use of the Ukiah Municipal Airport on June 17 and 18, 1989, for the Air Show. The City Manager noted that the Council has supported the Air Show in the past and recommended approval of the request. Art Safford, 375 Zinfandel, advised that he was representing the three Lions Clubs who are in the process of planning the Lions Air Show. He noted that the appropriate insurance coverage has been obtained and that two future requests concerning an emergency gate and the price of gasoline would be presented at a later date. City Manager Payne stated that the flier for the event indicated that admission would be charged this year. Mr. Safford confirmed that admission would be charged. M/S Wattenburger/Hickey to approve the use of the Ukiah Municipal Airport on June 17 and 18, 1989, for the Lions Air Show. The motion was carried by a unanimous voice vote. l lc. Letter from Board of Supervisors regarding Water Conservation Ordinance City Manager Payne advised that a letter had been received from Linda Bailey, General Counsel/Manager of the Mendocino County Water Agency, requesting that the City Council require low-flush toilets in the City of Ukiah. He also distributed an article from the Ukiah Daily Journal pertaining to this subject. The City Manager noted that the proposed ordinance supplied by the County dealt with issues other than low-flush toilets and recommended that the Council table this item until after the County has fully researched the matter. Discussion followed regarding low-flush toilets. M/S Schneiter/Wattenburger to table this matter until after such time as research has been completed by the County. The motion was carried by a unanimous voice vote. Councilmember Shoemaker suggested that an incentive program be investigated by staff for people who install low-flush toilets. It was the consensus of the Council to direct staff to investigate an incentive program for low-flush toilets and to report back to the Council at a later date. UNFINISHED BUSINESS 12a. Finalize Agenda for Joint City Council/Planning Commission Meeting Mayor Henderson advised that she had received agenda items from Councilmembers for the City Council/Planning Commission meeting scheduled for April 26, 1989. Councilmember Shoemaker asked if the Planning Commission had submitted agenda items. Planning Director Harris advised that Chairman McMichael would be contacting Mayor Henderson regarding agenda items. Discussion followed regarding the joint meeting and topics for the agenda. Reg. Mtg. April 19, 1989 Page 5 272 Mayor Henderson asked that any agenda items be provided to her by 12:00 noon on April 21, 1989. RECESS: 8:00 P.M. RECONVENED: 8:05 P.M. NEW BUSINESS 13a. Presentation by RMI - Cogeneration Study, City of Ukiah/Masonite Corporation City Manager Payne referred this matter to Electrical Distribution Engineer Dunn. Mr. Dunn introduced Henry Koner and Buzz Link of Resource Management, Inc. (RMI) and stated that they would make a presentation regarding the Cogeneration Study for the City of Ukiah and Masonite Corporation. Henry Koner gave a detailed history of the project and explained cogeneration while referring to slides on display. He explained the anticipated benefits, funding, and preliminary schedule of the projecO. Mr. Koner advised that the preliminary report would be available in approximately two weeks. Discussion followed wherein Mr. Koner and Mr. Link answered various questions from the Council. Councilmember Shoemaker asked if the costs for the project were known. Mr. Koner estimated that the capital costs would be in the range of $15-20 million for 20 megawatts. Mayor Henderson thanked Mr. Koner and Mr. Link for the presentation and noted that further information would be provided to the Council in the near future. 13b. Adoption of Resolution authorizing Curbside Recycling Grant Application City Manager Payne advised that staff is presently preparing an application for a Curbside Recycling Grant for certain capital expenditures that would be required of Ukiah Solid Wastes to establish a curbside recycling program. He noted that if a grant could be obtained for the City to purchase 12,000 household containers at a cost of $68,000 and a recycling vehicle at a cost of $50,986 for Ukiah Solid Wastes' use for curbside recycling, the rates for utility customers would not need to be increased to pay for these capital expenditures. The City Manager advised that the funds for this grant are from AB 2020 and encouraged the Council to apply for this grant in the future if this application was not successful. He recommended adoption of the resolution authorizing the Curbside Recycling Grant Application. Discussion followed. M/S Shoemaker/Hickey to adopt Resolution No. 89-36, Resolution of the City Council of the City of Ukiah Approving The Submission Of A Proposal Under The California Beverage Container Recycling And Litter Reduction Act. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. ABSENT: None. 13c. Selection of Consultant Firm for Recruitment of City Manager Mayor Henderson advised that on April 17, 1989, the City Council interviewed three recruitment firms and that City Attorney Rapport and Councilmember Hickey had been contacting references of those firms. City Attorney Rapport distributed a summary of notes taken during his reference checks of Ralph Anderson & Associates, Hughes, Heise & Associates, and Personnel Associates. He stated that the reference checks of Ralph Anderson & Associates and Hughes, Heise & Associates were both positive and would recommend either of these firms. He noted that one significant difference between the two firms was that Hughes, Heise & Associates would videotape the interviews. Councilmember Hickey stated that he received positive reports for Ralph Anderson & Associates and Hughes, Heise & Associates, noting that very Reg. Mtg. April 19, 1989 Page 6 273 few of the references he researched had relationships with Personnel Associates. He advised that Ralph Anderson & Associates appeared to have a formal style whereas Hughes, Heise & Associates appeared to have a relaxed and personal style. Councilmember Hickey stated that he had been advised to include that as many meetings as necessary would be held in any contract. Discussion followed. M/S Schneiter/Wattenburger to direct the City Attorney to negotiate a contract with Hughes, Heise & Associates for the recruitment of a City Manager. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. ABSENT: None. 13d. Discussion of Budget to pay for Interim City Manager and Recruitment Consultants City Manager Payne stated that he provided budget information for the Council's review and noted that a budget transfer would be necessary to pay for the recruitment firm and an Interim City Manager. He noted that costs would total $50,500, which would include $500 to Public Service Skills, Inc., for placement of an Interim City Manager; $6,000 per month ($5,000 for salary and $1,000 for housing and expenses) for five months for an Interim City Manager; and $20,000 for the recruitment consultants. City Manager Payne recommended that the Council transfer from the General Fund $20,500 to the City Council budget and $30,000 to the City Manager budget to provide for these expenses. Discussion followed regarding the budget. M/S Shoemaker/Schneiter to transfer $20,500 from the General Fund (100-000-260-000) to the City Council Fund (100-1001-250) for placement of an Interim City Manager and recruitment firm, and transfer $30,000 from the General Fund (100-000-260-000) to the City Manager Fund (100-1201-250) for the salary and expenses for an Interim City Manager. The motion was carried by the following roll call vote: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey, and Mayor Henderson. NOES: None. 13e. Consideration of Grant to partially provide funds to the Ukiah Police Department for DARE Instruction - Schneiter Mayor Henderson advised that Councilmember Schneiter agendized this matter and asked for his comments. Councilmember Schneiter referred to a letter from Sharon Kiichli, dated April 14, 1989, requesting that the Council appoint the Community Alliance for Youth as the official Suppression of Drug Abuse in the Schools Local Advisory Committee. He advised that he was informed that Chet Hardin from Ukiah High School would be in attendance to answer questions the Council may have in this matter and noted that Mr. Hardin was not present. City Manager Payne advised that the Police Chief and the Ukiah Unified School District were not interested in pursuing this matter and recommended that the Council take no action. M/S Schneiter/Shoemaker to take no action on the request to appoint an official Suppression of Drug Abuse in the Schools Local Advisory Committee. The motion was carried by a unanimous voice vote. CITY COUNCIL REPORTS Councilmember Wattenburger Councilmember Wattenburger advised that he and Councilmember Schneiter met with the General Manager of Mendocino Transit Authority (MTA) and reported on the meeting. He noted one significant item that was discussed was that MTA was proposing that the City offset MTA's costs for extending its hours of operation and that MTA may present this request to the Council at a future date. Discussion followed. Reg. Mtg. April 19, 1989 Page 7 274 Councilmember Shoemaker Councilmember Shoemaker advised that the Sun House Board of Trustees has finalized its five-year plan. He asked the status of the grant application for the wastewater treatment plant. City Manager Payne discussed the matter and stated that the plant may have to be funded through water rates. He commented that it appeared that the lowest users were penalized in the recent electric rate adjustments and asked if the Council needed to appoint a new NCPA Alternate. Mayor Henderson advised that the NCPA Alternate is the City Manager unless the Council changes that appointment. Councilmember Shoemaker commented that the Council may want to consider a new appointment. Councilmember Shoemaker advised that he would not be able to attend the Mendocino Development Corporation (MDC) meeting on April 20, 1989. He discussed an informational forum that the Chamber of Commerce conducted regarding the exploration of fire issues. Councilmember Shoemaker initiated discussion regarding Public Television on Channel 3. Discussion followed. It was the consensus of the Council to direct staff to contact Channel 3 and request that a representative give a presentation at the Council meeting of May 17, 1989. Councilmember Hickey Councilmember Hickey reported that he attended an NCPA Legal Committee meeting along with City Manager Payne, City Attorney Rapport, and Electric Utility Director Roper. Mayor Henderson Mayor Henderson reported on a recent meeting of the Ukiah Valley Sanitation District Board of Directors and noted that most of the business was related to the Carousel Industrial Park sewer line extension. She noted that she had received a visit from Lee Howard of the Ukiah Valley Fire Protection District and informed Mr. Howard to consult the City Manager or Fire Chief for technical questions or to write a letter to the City Council for policy questions. Mayor Henderson stated that this meeting would be City Manager Payne's final meeting and thanked him for eight wonderful years of service. CLOSED SESSION None. ADJOURNMENT There being no further business, the meeting was adjourned at 9:25 p.m. to April 26, 1989, at 6:00 p.m., for the Joint City Council/Planning Commission meeting. Ka~i' Revh~im Recording Secretary Reg. Mtg. April 19, 1989 Page 8