Loading...
HomeMy WebLinkAboutMin 02-16-05MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 16, 2005 The Ukiah City Council met at a Regular Meeting on February 16, 2005, the notice for which being legally noticed, at 6:41 p.m. Roll was taken and the following Councilmembers were present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. Staff present: Community Services Director DeKnoblough, City Manager Horsley, Finance Director McCann, Airport Manager Richey, Community Services Supervisor Sangiacomo, Planning Director Stump, Public Utilities Director Ziemianek, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Mayor Ashiku led the Pledge of Allegiance. 3. INTRODUCTION 3a. Introduction of New Employee Jose Ruiz Community Services Supervisor Sangiacomo introduced the Community Services Department's newest employee, Building and Grounds Attendant, Jose Ruiz. 4. APPROVAL OF MINUTES 4a. Re_~ular Meeting Minutes of January 57 2005 City Clerk Ulvila advised that due to equipment malfunctions, she recommended the minutes be postponed until a future Council meeting. 4. APPROVAL OF MINUTES 4b. Special Meeting of January 197 2005 - Water Workshop M/S Rodin/Baldwin approving the minutes of the January 19, 2005 City Council meeting as presented, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 5. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 6. CONSENT CALENDAR City Manager Horsley polled Council with regard to their receiving the correct exhibits to item "6f". She recommended that item "6c" be pulled from the agenda. Mayor Ashiku advised that item "6c" would be heard under New Business as item "9g". M/S McCowen/Rodin approving items "a and b", and "d" through "h" of the Consent Calendar and item "c" would be heard as item 9g on the agenda. a. Approved Disbursements for Month of January 2004; b. Approved Budget Transfer of $19,938 from General Fund Reserves to Account 699-1201-800-032 for Environmental Services at the Former Leslie Street Gas Plant by EBA Engineering; d. Adopted Resolution 2005-31 Establishing a No-Parking Zone/Bus Loading Zone Regular Ukiah City Council Meeting February 16, 2005 Page 1 of 8 and Removing Two Bus Loading Zones Along South State Street; e. Received Notification of Procurement of Emergency Cleaning Services of the //2 Anaerobic Digester at the Wastewater Treatment Plant in the Amount of $21,750.00 from Northwest Industrial Scrub; f. Authorized City Manager to Sign an Agreement with Ford Aviation Consultants for Grant Writing/Administration Services for an Amount Not to Exceed $12,000; g. Awarded Bid for Wireless Services to Edge Wireless, Bend, Oregon, Authorized Staff to Negotiate a Two-Year Contract with the City Manager to Execute the Contract; h. Received Report to City Council Regarding the Purchase of T-Shirts for the Youth Basketball Program from B.J.'s Embroidery in the Amount of $5,000. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address the Council. 8. UNFINISHED BUSINESS 8a. Review and Discussion of the Financial Reasons Behind the Recommendation For Not Proceeding With the Co.qentech Biomass Proiect M/S McCowen/Crane that any further discussion of the Cogentech proposal be tabled carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, and Mayor Ashiku. NOES: Councilmembers Rodin and Baldwin. ABSTAIN: None. ABSENT: None. 8. UNFINISHED BUSINESS 8b. Discussion of Possible Sales Tax Ballot Measure City Manager Horsley advised that this item is agendized for discussion of a possible advisory measure to determine the wording and whether a sunset clause should be included, and if so, how many years. The Council tentatively agreed to place a general allocation tax measure on the ballot for the election to be held on June 7, 2005 for a half cent increase which requires only a simple majority of the popular vote. Finance Director McCann provided a Power Point presentation and discussed charts of expenditures and revenues concerning the City's General Fund. He explained that Staff took a very conservative approach to forecasting for the future with the consideration of a possible sunset clause included in the ballot measure. The City Council previously agreed to provide a workshop to solicit public comment and discussion regarding the proposed half-cent increase for a general allocation sales tax measure. Considerable discussion followed related to the Staff Report and Finance Director McCann's report of the City's financial status. It was noted by Staff that the charts only show infrastructure funding for $12 million and the costs could be higher if equipment replacement, infrastructure improvements, four police officers and police equipment were added. Regular Ukiah City Council Meeting February 16, 2005 Page 2 of 8 Councilmember Crane stated that he would prefer to schedule another budget session to allow further review of this important matter. Councilmember McCowen concurred that another budget workshop is warranted. He noted that at the last workshop members of the community asked about the revenue accounts of the City, their balances, and how they are restricted. He preferred that discussion be focused on revenue, the Golf Course, electric utility, and the General Fund. He realizes that much of the money is encumbered; however, he needs to know the meaning of those line items. He also inquired as to what the cost is for the Fire Department to operate the ambulance service and the amount of money available in the rate stabilization fund. Public comment opened: 7:10 p.m. Ken Farnsworth, Ukiah, explained that the sales tax would generate $1.5 million and the Police and Fire Departments need $600,000 to solve their shortfall. He inquired as to what the City Council will do with the $900,000 overage. Public comment closed at: 7:13 p.m. City Manager Horsley discussed the discrepancies in the recent newspaper articles concerning the matter. She also discussed the deficit this year and predicted it would be even higher next year if the situation does not change with the State's budget. She explained that there is a need for additional police officers. Staff will continue to work on clarifying some of the issues raised and provide further information to Council. It was the consensus of the Council to set the date of February 28, 2005, beginning at 3:30 p.m., for another workshop. It was Council's preference to hold the workshop at the Ukiah Valley Conference Center. 9. NEW BUSINESS 9a. Approval of Consultant Services Contract For the Preparation of an Environmental Impact Report For the Ukiah and Millview County Water District Water Rights Permits/Licenses Amendment Proiect City Manager Horsley requested this matter be continued to the next Council meeting when the City Attorney could be present. Public comment opened at: 7:21 p.m. Non one came forward to address the City Council. Public comment closed at: 7:21 p.m. Matter continued to the next Council meeting. 1 NEW BUSINESS ADDrove Resolution For Membership in the California Statewide Communities Development Authority (CSCDA), and Al~l~rovin_~ the Form of and Authorizing the Execution and Delivery of an Amended and Restated Regular Ukiah City Council Meeting February 16, 2005 Page 3 of 8 Joint Exercise of Powers Agreement and Related Documents with Respect to Membership Therein~ and Authorizing Certain Other Actions in Connection Therewith Finance Director McCann explained that the City's bond counsel requested this matter be agendized. He provided a brief review of his Staff Report. M/S Rodin/McCowen adopting Resolution 2005-32, authorizing and directing execution of an amended and restated Join Exercise of Powers Agreement relating to the California Statewide Communities Development Authority, and related documents with respect to membership in CSCDA, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 9. NEW BUSINESS 9c. AD[~rove Resolution For the Form of and Authorizing the Execution and Delivery of a Purchase and Sale Agreement and Related Documents with Respect to the Sale of City of Ukiah's Vehicle License Fee Receivable From the State; and Directing and Authorizing Certain Other Actions in Connection Therewith Finance Director McCann provided a brief review of his Staff Report. He noted that on January 4, 2004 Dennis Huey, Mendocino County Auditor-Controller, presented this item to the Board of Supervisors and on February 8th, Mr. Huey returned to the Board with the Resolution for action. He went on to discuss the Board's action concerning this matter. Councilmember McCowen explained that the City will receive a minimum of $245,000 this year instead of waiting two years or possibly more. M/S McCowen/Crane adopting Resolution 2005-33 approving the form of and authorizing the execution and delivery of a Purchase and Sale of the Seller's Vehicle License Fee Receivable From the State; and Directing and Authorizing certain other actions in connection therewith, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 9. NEW BUSINESS 9d. Discussion and Direction to Staff Regarding Possible Participation in Pension Obligation Bond Programs Offered to Selected CalPers Partici[~atin_a Agencies by the California Statewide Communities Development Authority (CSCDA) Finance Director McCann explained that this agenda item asks for Council direction to (1) pursue participation in the current bond offer being developed, requiring Council action on March 2, 2005; (2) continue research for possible later participation, or (3) decline to expend resources and staff time in further related activity. He went on to review his Staff Report with Council. He noted that the potential benefit to participation is simply the difference in the cost of borrowing money on the bond market vs. the cost of borrowing money from CalPERS, as an Unfunded Actuarially Accrued Liability (UAAL) does. Regular Ukiah City Council Meeting February 16, 2005 Page 4 of 8 Discussion followed with regard to the potential savings or loss to the City, participating in the next round of bond offering depending on the bond market, and it was noted by Staff that it would be a significant benefit to the City to help reduce cost. M/S Crane/McCowen authorizing Staff to further investigate possible participation in the Pension Obligation Bond Program, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. ga NEW BUSINESS Authorization of the City Manager to Neqotiate and Enter Into a Professional Consulting Services Agreement with Harris and Associates to Provide Construction Management Services for City of Ukiah's Wastewater Treatment Plant Improvement Proiect For an Amount not to ExceeH $4,622~730 Public Utilities Director Ziemianek discussed his Staff Report to Council and requested the Council authorize the City Manager to negotiate and enter into a professional Consulting Services Agreement with Harris & Associates to provide construction management services for the City of Ukiah's Wastewater Treatment Plan Improvement Project. He briefly discussed his Staff Report to Council, highlighting the evaluation process and results and the construction management strengths identified from Harris' proposal. Staff believes Harris & Associates has the requisite experience and qualifications and offers the City the best value for construction management services for the Wastewater Treatment Plant Project. The entire contract cost will be covered by revenue bonds. They provided a detailed job schedule for the next three years and he thinks they will be able to reduce the timeline for the project by a few months. Discussion followed with regard to Director Ziemianek's assessment of the qualifications for Harris & Associates as the City's project manager. Councilmember Crane inquired about projected over runs on the project and it was noted by Staff that it is not to exceed the contract in those amounts. The issue of possible change orders was also discussed. Carl Harris, founder and CEO of Harris & Associates, stated that his firm feels comfortable with the estimate they provided and they are looking at ways to reduce the total amount of the estimated construction time by up to six months. They work on a time and materials basis and this will reduce costs. M/S McCowen/Crane authorizing the City Manager to negotiate and enter into a Professional Consulting Services Agreement with Harris & Associates to provide construction management services for the City of Ukiah's Wastewater Treatment Plant Improvement Project carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 1 NEW BUSINESS Regular Ukiah City Council Meeting February 16, 2005 Page 5 of 8 9f. Possible Support of Legislation to Amend Americans With Disabilities Act to Require Prior Notice of Suit City Manager Horsley provided a summary of the American with Disabilities Act (ADA) proposed amendment. She explained that City Attorney Rapport has reviewed the matter and requests Council's support. M/S Crane/McCowen adopting Resolution 2005-34 supporting legislation amending the Americans With Disabilities Act to require notice prior to filing legal action, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 9g. (Formerly Consent Calendar item "6c") Adoption of Resolution Extending the Len_~th of a No-Parking Zone/Bus Loading Zone Near 444 North State Street Deputy Public Works Director Seanor discussed his Staff Report with Council, including the history of the Mendocino Transit Authority (MTA) bus loading zone at this location. The Traffic Engineering Committee reviewed this request at its regular meeting of February 8, 2005 and recommended approval to the City Council. One adjacent property owner has come forward with concerns. Discussion followed with regard to: · The possibility of relocating the bus loading zone further to the north or south to accommodate the property owner · The utilization of red curb areas for fire purposes as well as bus loading zones and · Parking spaces at the Coldwell Banker facility Public comment opened at 7:56 p.m. Mark Levy, employee of Coldwell Banker located at 444 North State Street, explained that there are three parking spaces in front of their building. Coldwell Banker is concerned with losing two parking spaces in front of their parking lot and inquired if there is another alternative to the location of the bus zone. Discussion continued with regard to: · Limited parking in the area · Construction of a new apartment complex in the area · The number of times the bus would stop at that location Dan Baxter, MTA representative, discussed the frequency of the bus stops and estimated that 10 buses per day would stop at that location. He explained that MTA is in need of a stop for their Route 7 bus. He was of the opinion that the noise level would remain the same whether or not the buses stopped at that location on State Street. He noted that there had been a bus stop at that location but it was moved when construction began with the apartment complex. Regular Ukiah City Council Meeting February 16, 2005 Page 6 of 8 It was the consensus of Council to continue the matter to the next City Council meeting and directed Staff to examine other alternatives for a bus loading zone for that area. 10. COUNCIL REPORTS Councilmember McCowen reported that he attended a meeting with the Homeless Services Planning Group. They expect to conduct a count of the homeless in early March of this year. He also attended an awards ceremony of the Caregivers Alliance. Councilmember McCowen also requested that the possibility of MTA using the railroad depot site as a transit center be agendized for Council discussion. City Manager Horsley explained that Staff met with NCRA last week and their staff expressed interest in working with MTA on this project. It was the consensus of the City Council that the matter be added to the next Council agenda for discussion. Councilmember Crane reported that he attended a Skateboard Park Committee meeting and they are working on organizing a better fund raising plan and their future meetings will be devoted to that goal. Councilmember Baldwin reported attending a meeting of the Advisory Board of the Sun House and Museum. He discussed attending the recent Inland Water and Power Commission (IWPC) meeting. The contract for the Feasibility Study calls for establishing an escrow account and the City paying $70,000. Discussion followed with regard to Councilmember Baldwin's report of the IWPC meeting and the affects on the City. It was noted that those participating in funding the Study should be guaranteed the benefit of water that may ultimately be available. Councilmember Rodin reported that Senator Chesbro's office contacted her regarding setting a time for him to attend a City Council meeting and for Council to discuss the City's issues and concerns. Willits Councilmember Osland had spoke to Senator Chesbro's office regarding the issue of marijuana in Willits. Mayor Ashiku reported he and Councilmember McCowen attended a LAFCO meeting and Frank McMichael recommended that the current LAFCO members remain in position due to his concern with the delay of getting new representatives up to speed on certain complex issues. This issue will be addressed by the Selection Committee which is comprised of representatives from the other cities. Councilmember McCowen reported that he attended the recent meeting of MCOG and Phil Dow provided a report on the likelihood that there won't be much transportation funding available in the next couple of years. Councilmember McCowen noted that there is some money available for planning and the City should plan now to take advantage of future funding. 11. CITY MANGER/CITY CLERK REPORTS Regular Ukiah City Council Meeting February 16, 2005 Page 7 of 8 City Manager Horsley stated that President Bush is proposing to reduce and possibly eliminate the CDBG funding program and the proposed reduction would cut the CDBG budgets by billions. City Clerk Ulvila advised that March 2, 2005 the Read Across America program will be offered at the Grace Hudson Elementary School and Councilmembers and staff are invited to attend and read to the children. City Manager Horsley advised that Mr. Jarvis, the City's water specialist attorney will be available during Closed Session. Adjourned to Closed Session at 8:25 p.m. 12. CLOSED SESSION a. G. C. §54957.6- Conference with Labor Negotiator Employee Organization: Electric Unit (International Brotherhood of Electrical Workers) Agency Designed Representative: Candace Horsley, City Manager b. G. C. ~54957.6- Conference with Labor Negotiator Employee Organization: Management Unit Agency Designed Representative: Candace Horsley, City Manager c. G.C. §54956.9 (a)- Conference with Legal Counsel- existing litigation River Watch v. City of Ukiah, United States District Court, Northern District of California Reconvened at: 10:15 p.m. No action taken on Closed Session items. 13. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 10:15 p.m. Marie Ulvila, City Clerk Regular Ukiah City Council Meeting February 16, 2005 Page 8 of 8