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HomeMy WebLinkAboutMin 11-01-00MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, November 1, 2000 The Ukiah City Council met at a Regular Meeting on November 1, 2000, the notice for which had been legally noticed and posted, at 6:32 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Smith, Baldwin, Ashiku, and Mayor Mastin. Councilmembers absent: Libby. Staff present: Customer Service Supervisor Archibald, Police Administrative Captain Dewey, Finance Director Elton, Assistant City Manager Fierro, Fire Department Interim Chief Officer Grebil, Risk Manager/Budget Officer Harris, City Manager Horsley, Fire Battalion Chief Hutton, Acting City Attorney Johnson, Deputy Public Works Director Seanor, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Retired Police Chief Keplinger led the Pledge of Allegiance. Fred Keplinger introduced Gary Miles and Gary Phillip Wilson who were instrumental in bringing the Vietnam War Memorial Wall to Todd Grove Park for display. The Memorial will be in UKiah until Sunday, November 4, 2000. He thanked the City for its assistance in bringing the Wall to Ukiah. Councilmember Smith stated that he attended the opening ceremonies and still feels the emotion of the crowd. Mr. Keplinger and the Vietnam War Memorial Wall Committee should be commended for bringing the Wall back to Ukiah. URGENCY ITEM: Mayor Mastin announced that there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the agenda being posted. The Urgency Item concerns a Closed Session item regarding negotiations with the City's Management Unit. MIS Baldwin/Smith to add an Urgency Item for Closed Session regarding negotiations with the City's Management Unit, carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: None. 3. INTRODUCTION OF EMPLOYEES 3a. Introduction of Two Billin,q and Collection Department Employees: Barbara Heady, Customer Service Representative III, and Kathy Norris, Customer Service Representative II Customer Service Supervisor Archibald introduced Barbara Heady, Customer Service Representative III, and noted that Ms. Heady came to the City from a strong collections background. Her current job duties include issuing utility bills, resolving customer complaints, and collecting the City's utility revenues. She has also been instrumental in the on-going development and promotion of the Ukiah C.A.R.E.S. Program. November 1, 2000 Page 1 of ! ! Customer Service Supervisor Archibald introduced Kathy Norris, Customer Service Representative II, and advised that Ms. Norris previously worked for the City as a volunteer firefighter, responding to fires and providing medical attention when needed. Her current responsibilities include Business Licenses, miscellaneous billings for the Landfill and Airport, as well as processing and collecting Parking Citations. She is a long time Ukiah resident. 4. PRESENTATION 4a. Presentation Re.qardin.q the County's Possible Purchase of the Ukiah Valley Medical Center Facility on South Dora Richard Langhals, Assistant Director of the Mendocino County Public Health Department (Public Health), advised that the County of Mendocino is currently in negotiations with Ukiah Valley Medical Center to purchase the hospital facility on South Dora. The Public Health Department proposes to move three of their four divisions to the South Dora Street location. The purpose of this purchase would be to consolidate Public Health operations into one facility, where currently they are scattered among several locations. Approximately 112 staff members would move from the current facility on North Bush Street to the South Dora facility. Their hours of operation will be from 8:00 a.m. - 5:00 p.m. Beth Martinez, Deputy County Administrative Officer, explained the County's project committee met with City staff regarding the possible purchase of the facility and discussed areas of concern related to traffic impacts and compatibility with the neighborhood. The County hired a traffic engineer and also held a neighborhood open house on October 17, 2000 to receive input from neighbors. The neighborhood's primary concern was with noise during night deliveries with the current facility. She explained that the neighbors were pleased to here that Public Health will only be operational during normal business hours during the day. Although the County is exempt from the City's zoning process, project committee members met with City staff and reviewed the propose facility use. The City Planning Department expressed concern with regress for the project. The Board of Supervisors was informed of the City's concerns as well as those of the neighbors. She emphasized that there is no plan to relocate the Mendocino County Mental Health Department to the South Dora facility. Pete Halstad, Mendocino County General Services Director, discussed the history of the project, beginning with hiring consultants to prepare a Master Plan for the facilities of the Health and Human Services Department. This Study revealed woeful inadequacy of space, particularly in the Public Health Department. He discussed the Public Health Departments current housing situation, the recommendation to consolidate Public Health functions into one location, and how the South Dora facility is suited to their needs. The purchase of the property is still being negotiated. He noted that Planning Director Stump recommended a traffic study be conducted of the potential impacts of use at the South Dora facility. The County hired a firm to conduct a study of the existing, proposed, and proposed cumulative impacts. The results of the study indicated no harmful affects on the neighborhood from the project. November 1, 2000 Page 2 of ! ! Don Rones, Board Member of Ukiah Valley Medical Center (UVMC), discussed the South Dora property sale and advised that UVMC is happy that the County is interested in the facility and feels it is best suited and less disruptive to the area. Although the Board is still negotiating, they will add a statement to the agreement with the County that there will be no hospital use, and that the County be restricted to certain activities at the facility. This will safeguard the site and protect the neighborhood from future hospital activities resulting in noise and traffic. 4. PRESENTATION 4b. Presentation by Mary Hiatt for the Redwood Valley Water District Re.qardinR the Eel River Water Project Application Mary Hiatt, representing the Redwood Valley County Water District regarding the Eel River Water ProJect, advised that the project began approximately five years ago. The Redwood Valley Water District has been able to achieve 56,000 acre-feet of water right from the Department of Water Resources and continues to explore all avenues leading to its own water source. Currently they have 8,000 acre-feet of water right from Lake Mendocino. She discussed water storage and a feasibility study for the Eel River Water Project, and how the Project would benefit other Districts in the County. City Manager Horsley inquired about the locations of reservoirs for holding water. Ms. Hiatt recommended using Lake Mendocino as the water reservoir and discussed the Lake's capacity. She further discussed reservoir potential of sites in Willits, Fort Bragg, Laytonville, Redwood Valley, and at Lake Mendocino. Councilmember Baldwin inquired as to who is the motivating force behind the project and if there is growth-inducing interests. Ms. Hiatt explained that growth is up to the planners and just because you have water doesn't mean you have growth. She explained that John Pinches originally presented the idea to her and she presented it to George Rau, who developed preliminary calculation, which were then presented to the State. This resulted in obtaining 56,000 acre-feet of water rights. She discussed the availability of water for vineyards in Inland Mendocino County or for the development of additional housing. City Manager Horsley inquired if they actually have a water right permit or if it's an application for the water right. Ms. Hiatt advised that they have an appropriations permit that has already been issued. She explained that they couldn't activate the permit until there is a project. The State is requesting a resolution of support so that the studies can be completed so they can activate the permit. 5. APPROVAL OF MINUTES 4a. ReRular Meetin,q of October 18, 2000 City Clerk Ulvila noted a correction to page 2, Approval of Minutes, that the motion should read "MIS Baldwin/Ashiku approving the minutes of the October 4, 2000 Regular Meeting. November 1,2000 Page 3 of 1! MIS Ashiku/Smith approving the minutes of the October 18, 2000 Regular Meeting, as corrected, carried by the following roll call vote: Councilmembers Smith, Baldwin, and Vice-Mayor Ashiku. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: Mayor Mastin. 6. RIGHT TO APPEAL DECISION Mayor Mastin read the appeal process. 7. CONSENT CALENDAR MIS Ashiku/Baldwin approving items a through i of the Consent Calendar as follows: a. Received Report of the Acquisition of Services from Tim Narvaez in the Amount of $9,176. O9; b. Received Report of the Acquisition of Services from Peterson Tractor Company in the Amount of $5,064.26; c. Awarded Bid for the Purchase of Liquid Polymer to NTU Technologies, Inc. for the Sum of $23,400; d. Authorized Sole Source Contract for Police Department Transcription Services for the Sum of $24,461.04; e. Adopted Resolution No. 2001-27 Establishing a Twenty Four-Minute Parking Zone Adjacent to 475 South Oak Street; f. Adopted Resolution No. 2001-28 Authorizing Mayor to Execute Contract 00-$NR- 00355 Between the Western Area Power Association and the City of Ukiah Relative to Base Resource Electric Service; g. Authorized the Mayor to Execute Contract 00-SNR-00241 Between the Western Area Power Administration and the City of Ukiah to Allow Advancement of Funds for Purchase Power and Wheeling Charges; h. Rejected Claim for Damages Received from Brent Wrenshall Jackson and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; i. Awarded Bid for Purchase of Patrol Car Vehicle in the Amount of $23,010.49 to Esposti Auto Dealers. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address Council. 9. UNFINISHED BUSINESS 9a. Adoption of Resolution Approvin.q Home Investment Partnerships Program (HOME) Application Risk Manager/Budget Officer Harris advised that on October 18, 2000, the City Council authorized the solicitation of proposed applications for the Home Investment Partnerships Program (HOME) administered by the State Department of Housing and Community Development. The City received one application for a 40-unit apartment project at 735 Porzio Lane. The application form identifies the request of $1 million that is loaned to the November 1, 2000 Page 4 of ! ! developer. Of those funds, $975,610 would be used for construction and $24,390 for the grant administration. The required local match of 25% is to be made by State tax-credits secured as part of the project. He explained that the project is site specific and if this project is not approved, the funds would not be allocated. The standard environmental evaluation and site development review process will be conducted by the City's Planning Department. Councilmember Baldwin expressed concern with impacts to the project as a result of being located within a major flight pattern of the Airport. He inquired how the Planning Commission or City Council would be affected at a later date should Council approve this application for this specific site and project. Mr. Harris explained that the Planning Commission would address concerns regarding air traffic patterns and standard development requirements. The developer is aware of the situation; the property is currently zoned R-3, General Plan High Density Residential, and the site development process is required. He further explained that the proposed resolution identifies the application for HOME funds and does not specify that this project be approved. The purpose of the application is to reserve the allocation of the funds. If the project were denied, then the allocation of funds would be given to another applicant or returned to the state pool of funds for later distribution. He noted that these types of funds are available once a year. Councilmember Baldwin discussed the lack of open space areas remaining in the City Limits and felt the proposed site is the largest portion of land remaining in the City. Councilmember Ashiku explained that the Airport Land Use Commission could also consider the project for appropriateness. He felt the project is a great opportunity to increase the housing stock in the community. He explained that the developer is seeking approval of funding prior to processing its project. Caleb Roope, the principal with Pacific Communities of California, explained his firm is an affordable housing provider for families and senior citizens in the western states. He explained that once the application is approved, he would submit a formal application through the City's Planning Department. The project encompasses 40 units, 80% of which will be targeted for Iow and moderate-income housing. A manager for the facility will live on site. There will be a deed restriction that will restrict the use of the property to affordable housing. In response to a concern from Councilmember Ashiku, Mr. Roope noted that the loan agreements would have standard assurances to protect against default. MIS AshikulSmith adopting Resolution No. 2001-29 authorizing the submittal of an application to the California State Department of Housing and Community Development for funding under the Home Investment Partnerships Program (HOME); the execution of a standard agreement if selected for such funding and any amendments thereto; and any related documents necessary to participate in the Home Investment Partnerships Program. Councilmember Baldwin was of the opinion that this is a pre-approval of the project and November 1, 2000 Page 5 of ! ! expressed concern that it has not gone through the appropriate permit review process yet, He preferred that the City wait until next year to apply for funds and after the project has gone through the permit review process. Councilmember Ashiku explained that he is supportive of the application for a grant and that Council is not considering the appropriateness of the site or land use issues at this time. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Ashiku, and Mayor Mastin. NOES: Councilmember Baldwin. ABSENT: Councilmember Libby. ABSTAIN: None. NEW BUSINESS 10a. Status of Research on Fire Service Options City Manager Horsley explained that approximately six years ago, the City of Ukiah General Fund was in a deficit position. At that time, Council and staff worked together to formulate a plan of action that would bring the City back into financial stability. Part of that plan was that the City would review service options for all of its departments to see that there was a more efficient way to do business. Through a cooperative effort of the Fire Department management, staff, and City Administration, they have analyzed various alternatives to be more efficient and effective. She explained that manyfire departments in California have consolidated due to the fact that they can streamline their operations by sharing costs rather than by duplicating efforts. They are also able to meet the increased demands of the public with greater efficiency and effectiveness by consolidation. She discussed ambulance service to residents within the City limits and the mutual aid agreement with the Ukiah Valley Fire Protection District (District). Results of the Ukiah Fire Department Ad-Hoc Committee were reviewed. Fire Department Interim Chief Officer Grebil introduced various members of the Department staff and discussed the organizational chart for the Department, District, and the Ukiah Fire Authority. He also discussed vacancies in these agencies, and explained specific costs, and the Joint Powers Authority (JPA) budget. City Manager Horsley discussed the many benefits to the community should there be a consolidation for fire protection services within the Ukiah valley. Fire suppression response will improve under the JPA-2 Option, as all three agencies will be responding with personnel and equipment. She addressed a concern with ambulance service and the impact upon para-medics. They will be meeting to discuss this issue further. She requested Council's direction whether they would like staff to continue with this process to obtain more information and analysis before going any further. Mark Hilliker, firefighter with the Department, encouraged Council to consider Attachment #3 of the Staff Report that lists questions and concerns of many firefighters. He noted that they have been going through this process for two years and have been losing employees. The Fire Department Association welcomes the opportunity to provide Council with additional information to clarify some of the conclusions that have been drawn within the document provided in the Staff Report. November 1, 2000 Page 6 of ! ! Jim Taglio, Vice President of the Board of Directors of the Ukiah Valley Fire Protection District, advised that the Board is concerned with finding the best way to provide services to residents in the Ukiah Valley. For many years, the City's fire protection and the District were one entity. The District Board is now considering options whereby a consolidation of services would provide more efficient services to the area. Many details still remain to be addressed. Terry Poplawski, Ukiah, explained that he is a representative of organized labor within Mendocino County, and supported consolidation of services. Fire Battalion Chief Hutton stated that he was active in putting together the JPA-2 option. He felt a consolidation of fire services for the Ukiah Valley would be best. He discussed problems related to retaining employees in the Department. He further discussed operating efficiency as a result of consolidation that would provide savings in maintenance costs and equipment replacement. It was the Consensus of Council that staff continues analysis of the various options for increasing fire protection efficiency, resolving questions of the Fire Department employees, and continue working with the District. Recessed: 8:15 p.m. Reconvened: 8:30 p.m. NEW BUSINESS 10b. Consideration of Livin.q Waqe Policy Issues City Manager Horsley advised that at the August 16, 2000 meeting, the City Council directed staff to evaluate and analyze the proposed "living wage ordinance" presented by Councilmember Baldwin. Once the staff committee began its investigated, they found it impossible to do, due to the fact that too many questions and issues related to various components. The committee met with Councilmember Baldwin to obtain clarification as to what was intended, and after his review, he felt it would be best if Council decided what staff should analyze. She thanked staff members and the City Attorney for their assistance. Staff is requesting clarification so that the proposed ordinance can be analyzed more thoroughly. Finance Director Elton discussed various policies and issues identified in the Staff Report in which staff needs clarification. He noted that on some issues, staff provided recommendations. A review of the various policies followed with staff's recommendations, and discussion. Policy A: What employees are to be included under the Ordinance? Issue 1. The question arises whether all employees of a firm subject to the ordinance must meet the minimum wage requirements. Council Recommendation: Those employees actually working on the City's contract. Issue 2. Should any categories of employees be exempt from the minimum wage requirement? November 1, 2000 Page 7 of ] ! Council Recommendation: Exemptions for businesses employing 10 employees or less, various types of training programs, and employees under the age of 18 that are working while attending school. Terry Poplawski, Ukiah, expressed his support of a living wage ordinance. He recommended exemptions be made for those employees in training and for those covered by special wage restrictions of government programs. He preferred that employers pay all of their employees the living wage, even if they do not have a contract with the City. He further discussed collective bargaining regulations. Paul Andersen, Ukiah, expressed his support of a living wage ordinance. He noted that a large portion of individuals between the age of 18 and 22 do not attend college. He discussed the intent of the ordinance is to encourage businesses that do business with the City to pay a living wage. Eric Larson, Ukiah, inquired if there has been a survey of those businesses currently contracted with the City with regard to their current wage practices. He discussed the issue of exemptions and that the list of exemptions could be revised by Council from time to time. Policy B: Types of Services Issue 1. What is the definition of "Services"? Council Recommendation: Issue 2. If all types of services are included in the scope of an ordinance, it may take two staff members to just monitor compliance. Most adopted ordinances specify certain types of services subject to the ordinance. The covered services are typically historically Iow paying and have been used by the City adopting the ordinance. Council Recommendation: The following services are recommended for inclusion in an ordinance if adopted: a. Temporary personnel services b. Janitorial and custodial c. Landscaping maintenance d. Pest control e. Security guards f. Facility and building maintenance g. Towing services h. Laundry services i. Refuse and recycling j. Airport related services k. Golf Course services I. Technology Services m. Conference Center, including catering services Issue 3. What if there is only a sole source for a service and the vendor refuses to comply with the ordinance? Council Recommendation: Should be covered under the waiver process. Issue 4. What if a local business with the Iow bid for a service does not comply and the next bidder, which complies with the ordinance, is located out of town? Council Recommendation: Does not apply Policy C: Contract Cap Issue 1. If a vendor has several contracts with the City; does the cap apply to all contracts combined or only to each contract as a separate entity? Is the cap applied annually or by contract? November 1, 2000 Page 8 of ] ! Council Recommendation: Apply to accumulated total for Fiscal Year, Issue 2. Should the cap be indexed to the Consumer Price Index (CPi)? Council Recommendation: The index should be that same index used for the salary index and that the cap be $10,000. Policy D: Wages and Benefits Issue 1. What is the salary requirement if health benefits are available? Council Recommendation: $8.75 per hour. Issue 2. What is the salary requirement if no health benefits are available? Council Recommendation: $1.25 more than the salary with benefits. Issue 3. What is the type and amount of paid leave to be required? Council Recommendation: 12 paid days off which can include any combination of holidays, sick and personal leave days, or vacation, Issue 4. What about employee paid benefits offered by the employer? Council Recommendation: The employer is not obligated to pay a higher hourly wage, under the ordinance, if the employee does not take advantage of the available health benefits. Paul Andersen, Ukiah, discussed poverty level wages and the high cost of housing in the Ukiah community. Terry Poplawski, Ukiah, encouraged Council to adopt $8.75 per hour as the living wage. Policy E: City Financial Assistance Recipient (CFAR) Issue 1. Should non-profit agencies be covered by the ordinance? Council Recommendation: Yes, for analysis. Issue 2. Are contracts with both the City of Ukiah and the Ukiah Redevelopment Agency to be included in the ordinance? Council Recommendation: The Redevelopment Agency will need to address this issue separately. Policy F: Compliance Investigation Issue 1. To what extent will staff be required to verify compliance? Council Recommendation: Staff would have to initiate a verification process. Issue 2. Will appeals be allowed? Council Recommendation: They should be considered. Issue 3. Will any waivers to the ordinance be allowed? Council Recommendation: They should be considered. City Manager Horsley advised that she would meet with staff and report back to Council on their findings. NEW BUSINESS 10c. Adoption of Resolution Adopting Records Retention Schedule for the City of Ukiah City Clerk Ulvila explained that the City Clerks Association of California developed the November 1, 2000 Page 9 of ! ! Local Government Records Retention Guidelines, which have been endorsed by the Secretary of State and approved by the state legislature as Senate Bill 742 in the 1998-99 Session. She met with each City department, discussed their needs with regards to records retention, and reviewed the Guidelines recommended by the Secretary of State's office. The City Attorney and Staff have reviewed the Draft Records Retention Schedule that is submitted for Council's consideration and approval. MIS Ashiku/Smith adopting Resolution No. 2001-30 establishing a Records Retention Schedule, carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Councilmember Libby. ABSTAIN: None. NEW BUSINESS 10d. Discussion of Mendocino Solid Waste Mana.qementAuthority (MSWMA) North State Street Property Sale Proceed Distribution Proposals Mayor Mastin advised that the MSWMA Board has requested the participating agencies discuss possible uses of the $336,000 net proceeds from the sale of the North State Street property, He discussed options to consider of 1 ) distribute the funds to the various entities according to the participation of revenue to MSWMA, 2) have MSWMA hold the proceeds in an interest bearing account as a contingency for possible relocation of the MSWMA facilities in the next 5 to 10 years, or 3) divide the funds and return approximately 50% to the entities and keep the remaining 50% for the relocation contingency. He discussed the possibility of relocating the Haz-Mat facility in a few years and MSWMA's interest in purchasing property near the Animal Shelter facility on Plant Road for that purpose. Itwas his recommendation to Council that the funds be distributed by waste tonnage because that is how the money was collected. Discussion followed concerning the various options. Consensus of Council directed staff to inform MSWMA that Council prefers the proceeds be held in an interest bearing account as a contingency for possible relocation of the Haz- Mat facility in the next 5 to 10 years. Council's second choice was that the funds be distributed to the various entities based on the amount of tonnage per entity. 11. CITY COUNCIL REPORTS Councilmember Smith reported that he visited the Vietnam Memorial Wall at Todd Grove Park and encouraged people to visit it. Councilmember Baldwin noted the tire service business being constructed on Low Gap Road. Councilmember Ashiku reported that he attended the grand opening of Red Velvet that is a drop in center for teenagers. The center has the makings of a great program. Councilmember Smith reported that he was also in attendance. November 1, 2000 Page 10 of ! ! Mayor Mastin wished all the candidates luck at the election on November 7, 2000. 12. CITY MANAGER/CITY CLERK REPORTS City Manager Horsley advised that she received a letter from Redwood Children's Services. They care for 100 children in foster care and transitional housing, and this Christmas they would like to give each child a large size duffle bag with their name embroidered on them because they move from facility to facility, and the children could use the bags to carry their belongings. She advised that it would cost $35 to sponsor one child and she recommended funding for three children in the amount of $105. Consensus of Council was to fund $105 to Redwood Children's Services for this project. City Clerk Ulvila encouraged everyone to vote at the November 7th election. She advised that she would be out of the office on November 17th to attend a Northern California City Clerks Association meeting in Walnut Creek. There will be a presentation concerning the Public Works Bidding and Contracting process, as well as other import matters related to the function of the City Clerk's office. She will also visit the City of Concord and review their Records Management Program. Recessed: 10:20 p.m. Reconvened: 10:25 p.m. Adjourned to Closed Session: 10:25 p.m. 13. CLOSED SESSION a. G.C. ,~54957.6 - Conference with Labor Negotiator Employee Negotiations: Management Unit Labor Negotiator: Candace Horsley No action taken. Reconvened: 10:35 p.m. 14. ADJOURNMENT There being no further business, the City Council meeting was adjourned a 10:35 p.m. Marie Ulvila, City Clerk November 1, 2000 Page 11 of ! !