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MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING - February 5, 1997
The Ukiah City Council convened in regular session, the agenda for which was legally
noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary
Avenue, Ukiah, California. Roll was taken and the following Councilmembers were
PRESENT: Councilmembers Chavez, Ashiku, Kelly and Mayor Malone. Councilmember
Mastin arrived at 6:33 p.m. ABSENT: None. Staff Present: Customer Service Supervisor
Archibald, Public Utilities Director Barnes, Community Services Director DeKnoblough,
Finance Director Elton, Recording Secretary Giuntoli, Assistant City Manager Harris, City
Manager Horsley, Public Works Director Kennedy, Public Works Supervisor Looney, City
Attorney Rapport, Planning Director Sawyer, Deputy Director of Public Works Seanor,
Senior Planner Stump, and Senior Civil Engineer Woods and City Clerk Henderson.
2. Pledge of Allegiance
Councilmember Ashiku led the Pledge of Allegiance.
City Manager Horsley announced that Public Hearing item 8a, Adoption of Resolution
Establishing Capital Improvement Fees to be Imposed on Development Within the
Airport Industrial Park (continued from January 15, 1997), would be continued to the
Regular Meeting of the Ukiah City Council of February 19, 1997.
1
Special Order of Busines~
Presentation by Jeff Davis, General Manager of REMIF'
Jeffrey J. Davis, General Manager of the Redwood Empire Municipal Insurance Fund
(REMIF) addressed the Council, giving Councilmembers an overview of the operations of
the City's self-insurance program. He explained to Council that REMIF was established
as a Joint Powers Authority (JPA) to pool the resources of member cities to handle claims,
insurance, risk management, safety oversight and risk transference needs in an
economical and cost effective manner. Mr. Davis spoke to the history of the organization
since its inception in 1976 as well as the to evolution of REMIF's changing needs in the
intervening two decades. Mr. Davis outlined the services provided by REMIF to member
cities, the association of REMIF with the California Joint Powers Risk Management
Authority (CJPRMA) for excess liability coverage, and to the various levels of coverage the
City of Ukiah enjoys through REMIF, CJPRMA and commercial reinsurance carriers. In
conclusion, Mr. Davis emphasized that the City of Ukiah is very well protected with
insurance coverage and is the regular recipient of REMIF premium refunds, which are
profits returned to member cities.
In response to questioning, Mr. Davis replied that REMIF is not currently looking at
cafeteria-type coverage for employees; that type of coverage is presently cost prohibitive.
3b.
Presentation b Mike Sweene eneral Mana er of Mendocino olid Waste
Management Authority (MSWMA)
Mike Sweeney, General Manager of the Mendocino Solid Waste Management Authority
(MSWMA) made a presentation to the Council regarding the status of current proposals
for handling the Mendocino County waste stream once the Ukiah Landfill site is
permanently closed. Seven proposals for disposition of the waste have been put forth by
competing companies. Mr. Sweeney provided the Council with written summaries of and
a cost comparison table for the seven "Transfer Station Proposals."
Mr. Sweeney further stated cost was not the only consideration MSWMA would entertain
when choosing a transfer hauler. MSWMA was interested in choosing a hauler who would
provide reliable, clean service, who was financially stable and who would deliver the waste
Regular Meeting - February 5, 1997
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to a landfill which has high standards of operation. Mr. Sweeney addressed the Council's
concerns about siting problems for a transfer station in Mendocino County and assured
the Council that the current feasibility study regarding siting being prepared by Mendocino
County was being done at no cost to the City of Ukiah.
4,
Approval of Minutes
Special Meeting - January 15, 1997
MIS Ashiku/Kelly to approve the minutes of the Special Meeting of January 15, 1997 was
carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin and
Mayor Malone. NOES: None. ABSTAIN: Councilmember Chavez. ABSENT: None.
4b.
.Regular Adjourned Meeting - January 15, 1997
MIS Ashiku/Mastin to approve the minutes of the Regular Adjourned Meeting of January
15, 1997 was carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly,
Mastin and Mayor Malone. NOES: None. ABSTAIN: Councilmember Chavez. ABSENT:
None.
4c. .Regular Meeting - January 15, 1997
MIS Ashiku/Mastin to approve the Minutes of the Regular Meeting of January 15, 1997
was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly,
Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
4d.
Regular Adjourned Meeting - January 16, 1997
MIS Ashiku/Kelly to approve the Minutes of the Regular Adjourned Meeting of January
16, 1997 with the following addition regarding the Brown Act:
"No violation to the Brown Act would occur in the instance of 'car-pooling,' in which three
or more Councilmembers travel together to a certain destination. In such an instance, the
conversation must remain purely of a social nature."
The motion was carried by the following roll call vote: AYES: Councilmembers Chavez,
Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT:
None.
5. .RIGHT TO APPEAL DECISION
Mayor Malone explained the appeal process.
6. CONSENT CALENDAR
MIS MastinlAshiku to approve the Consent Calendar as follows:
a. Denied the Claim for Damages Received from David Rowe, and Referred It
to the City Insurance Carrier, REMIF;
b. Adopted Ordinance No. 986 Amending the City Zoning Map for the City of
Ukiah, California; ,
c. Adopted Ordinance No. 987 Amending Section 430 of the Ukiah City Code
to Authorize the City Engineer to Appoint a Designee to Serve in His or Her
Absence;
d. Received and Filed 1996 Annual Recycling Report from Solid Waste
Systems, Inc.;
e. Adopted Resolution No. 97-49 Designating Agent for Filing Financial
Assistance Application for December, 1996 Flood Disaster;
Regular Meeting - February 5, 1997
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Adopted Resolution No. 97-50 Approving Qualified Contractors List for 1997
Calendar Year;
Approved of Budget Amendment for a Community Development Block Grant
(CDBG) Planning and Technical Assistance Grant on Behalf of Ukiah
Community Center;
Awarded Bid to Kemwater for Ferric Chloride Product, in the Estimated
Amount of $40,500;
Awarded Bid to All Pure Chemical Company for Liquid Chlorine, in the
Estimated Amount of $30,140; and'
Awarded Bid to West Star Distributing for the Lease Purchase of Toro Model
6500 D Fairway Mower in the Amount of $39,342.76.
The motion was carried by the following roll call vote: AYES: Councilmembers Chavez,
Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT:
None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Mayor Malone explained the procedure for audience comments. No one wished to
address the Council at this time.
9,
UNFINISHED BUSINESS
Consideration of Report of Traffic Findings Relative to the Temporary Traffic
Barricade on Marlene Street at Orchard Avenue and Adoption of Resolution
Establishinq Marlene Street as One Way Eastbound
Public Works Director Kennedy presented this item to the Council. Mr. Kennedy
reviewed the history of the traffic congestion and traffic flow problems in the Lorraine,
Betty, Marlene Streets area since the opening of Wal Mart in the Redwood Business Park.
Traffic diversion and calming techniques were addressed as were City surveys on traffic
volume and various measures meant to mitigate the excessive traffic.
Mr. Kennedy recommended making Marlene Street between Lorraine Street and South
Orchard Avenue a one-way street for eastbound traffic by signage and removal of one-half
of the present barricade. Mr. Kennedy also reviewed several pieces of written
communication from the public which had been received by the City regarding this traffic
situation.
Mayor Malone asked for audience comments on this matter. A number of residents of this
neighborhood shared their thoughts on the traffic congestion of the area. Some residents
favored the barricade to remain as is, others would like to see the barricade removed and
some preferred the proposal to make Marlene Street one-way eastbound.
Public Works Director Kennedy explained City staff has reviewed many options to
facilitate the traffic flow, felt the present proposal to make Marlene Street one-way
eastbound was favored by much of the neighborhood, and indicated the issue was before
the Council again so that the preference of the neighborhood might be determined.
Residents, City staff and Council reviewed and queried many possible solutions to the
traffic flow through this area. Signalization possibilities for crossing Talmage Road and
for the Gobbi Street and Waugh Lane intersection were also discussed.
MIS Mastin/Kelly to replace the temporary barricade at Marlene Street and Orchard
Avenue with a permanent barricade. Discussion followed as to how this would close off
other options and overload the Waugh Lane and Gobbi Street intersection. After further
discussion, Councilmember Kelly withdrew the second to the motion.
Regular Meeting - February 5, 1997
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MS AshikulChavez to adopt stafF's recommendation to remove the barricade at Marlene
Street and Orchard Avenue in order to make Marlene Street one-way between Lorraine
Street and South Orchard Avenue for a three-month trial period. The motion was carried
by the following roll call vote: AYES: Councilmembers Chavez, Ashiku and Kelly. NOES:
Councilmember Mastin and Mayor Malone. ABSTAIN: None. ABSENT: None.
MIS AshikulChavez to adopt Resolution No. 97-51 Establishing Marlene Street as a
One-Way Street Eastbound Between Lorraine Street and Orchard Avenue for a
three-month trial period. The motion was carried'by the following roll call vote: AYES:
Councilmembers Chavez, Ashiku and Kelly. NOES: Councilmembers Mastin and Mayor
Malone. ABSTAIN: None. ABSENT: None.
RECESS: 8:54 p.m.
RECONVENE: 9:00 p.m.
Se
PUBLIC HEARINGS
Adoption of Resolution Establishing Capital Improvement Fees to be Imposed
on Development Within the Airport Industrial Park {continued from January_ 15.
1997)
As per City Manager Horsley's announcement at the beginning of the meeting, this item
was continued to the Regular Meeting of February 19, 1997.
8b.
Introduction of Ordinance Amending the City Zoning Map to Rezone 34 Lots
in the Miscellaneous Area No. 1 Rezoning Area
Senior Planner Stump outlined this item for the Council. This proposed rezoning was
prepared in order to make the City's zoning consistent with the updated General Plan. The
rezoning area is generally bounded by Clara Avenue on the north, Observatory Avenue
on the south, Pine Street on the west, and Orchard Avenue on the east. The General
Plan assigned medium and high density residential as well as some commercial land use
designations to parcels in this area. These designations have been assigned to reflect
existing development and to facilitate the logical evolution of inappropriate land uses.
Mr. Stump outlined each of the five rezoning groups: C-2 to R-2 (consisting of 7 parcels
along the south side of Clara Avenue between the Northwestern Pacific (NWP) railroad
tracks and Hamilton Street), R-3 to C-N (consisting of 13 lots, 7 lots in subgroup #1
situated along the east side of Pine Street between Perkins Street and Stephenson Street
and 6 lots in subgroup #2 situated along the east side of Oak Street between Mill Street
and Seminary Avenue), R-1 to C-N (consisting of 5 parcels situated along the west side
of Oak Street between Mill Street and Seminary Avenue), C-1 to R-3 (consisting of 7
parcels, 2 lots in subgroup #1 located along the eastern side of Leslie Street south of
Peach Street and 5 parcels in subgroup #2 fronting along both Observatory Avenue and
Luce Avenue), and C-1 to R-2 (consisting of 22 parcels, 3 lots in subgroup #1 situated
along the east side of Oak Street north of Freitas Avenue and 19 parcels in subgroup #2
situated along privately owned Cherry Court.
Mayor Malone opened the Public Hearing at 9:10 p.m.
Jim Morris, property owner on Cherry Court, addressed the Council regarding his
concerns for the rezoning of the Cherry Court area. He believed such rezoning would
down zone his property.
Tara Willis, Director of the Ukiah Senior Center, addressed the Senior Center's Board
of Directors' concerns for changing the zoning on the parcel which the Center occupies on
Leslie Street. The Center's Board prefers the zoning to remain C-1. She also relayed the
similar concerns of Mr. and Mrs. Sanchez, owner of the parcel on Leslie Street adjacent
to the Senior Center, regarding their property.
Regular Meeting - February 5, 1997
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Burgess Williams, 591 Watson Road, Ukiah, property owner in the Clara and Hamilton
Streets area, outlined the historical development of this particular area and urged the
Council not to rezone this area at this time. Mr. Williams stated neighboring commercial
development had negatively impacted this residential area.
The Public Hearing was closed at 9:37 p.m.
Councilmembers had questions of staff regarding rezoning in various areas, especially in
the Cherry Court area. Staff addressed the Council's questions and particularly compared
the Cherry Court rezoning to the rezoning of the Dora Street area in order to recognize the
coexistence of residential and commercial development.
MIS AshikulKelly to approve the rezoning as proposed for the C-2 to R-2 group,
consisting of 7 parcels along the south side of Clara Avenue between the NWP railroad
tracks and Hamilton Street. The motion carried by the following roll call vote: AYES:
Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None.
ABSTAIN: None. ABSENT: None.
MIS Malone/Kelly to approve the rezoning as proposed for the R-3 to C-N, subgroup #1
area consisting of 7 lots situated along the east side of Pine Street between Perkins Street
and Stephenson Street. The motion was carried by the following roll call vote: AYES:
Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None.
ABSTAIN: None. NOES: None.
MIS MastinlAshiku to approve the rezoning as proposed for the R-3 to C-N, subgroup #2
lot on which the Ukiah Daily Journal is located, no action to be taken on the other five lots.
The motion w as carried by the following roll call vote: Councilmembers Chavez, Ashiku,
Kelly, Mastin and Mayor Malone: NOES: None. ABSTAIN: None. ABSENT: None.
MIS MastinlMalone to retain the R-1 zoning in the R-1 to C-N group, consisting of 5
parcels situated along the west side of Oak Street between Mill Street and Seminary
Avenue. The motion was carried by the following roll call vote: AYES: Councilmembers
Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None.
ABSENT: None.
MIS MastinlAshiku to retain the C-1 zoning in the C-1 to R-3, subgroup #1 area,
consisting of 2 parcels located along the eastern side of Leslie Street south of Peach
Street. The motion was carried by the following roll call vote: AYES: Councilmembers
Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None.
ABSENT: None.
MIS MalonelMastin to approve the rezoning as proposed for the C-1 to R-3, subgroup #2
area only on the 2 parcels on Observatory Avenue and to reconsider the parcels on Luce
Avenue for a C-N designation at a later time. The motion was carried by the following roll
call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone.
NOES: None. ABSTAIN: None. ABSENT: None.
No action was taken on the C-1 to R-2, subgroup #1 area, consisting of 3 parcels situated
along the east side of Oak Street just north of Freitas Avenue. These parcels are not to
be included in this rezoning ordinance.
MIS MastinlAshiku to retain the C-1 zoning of the C-1 to R-2, subgroup #2 area,
consisting of 19 parcels situated along Cherry Court. The motion was carried by the
following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor
Malone. NOES: None. ABSTAIN' None. ABSENT: None.
Regular Meeting - Februa~ 5, 1997
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MIS KellylAshiku to introduce by title only the Ordinance of the City Council of the City
of Ukiah Amending the Official Zoning Map for the City of Ukiah, California as outlined
above. The motion was carried by a voice vote of all AYE of the Councilmembers
present.
City Clerk Henderson read the Ordinance of the City Council of the City of Ukiah
Amending the Official Zoning Map for the City of Ukiah, California, said Ordinance making
the rezoning as outlined above.
MIS AshikulMastin to introduce the Ordinance of the City Council of the City of Ukiah
Amending the City Zoning Map for the City of Ukiah, California as previously outlined
herein. The motion was carried by the following roll call vote: AYES: Councilmembers
Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN' None.
ABSENT: None.
ac.
Adoption of Resolution Modifying Resolution 95-8 Regarding Fees, Charges.
a_nd Policy Changes at the Ukiah Municipal Solid Waste Site.
Public Works Director Kennedy emphasized to Council the importance of making these
three modifications to Resolution No. 95-8 regarding fees, charges, and policy changes
at the Ukiah Municipal Solid Waste Facility and particularly highlighted the importance of
provision number 3 which would change the charge rate for loose refuse from a
determination by weight to a determination by volume.
The Public Hearing on this item was opened at 10:06 p.m. No one came forward. The
Public Hearing was closed at 10:07 p.m.
MIS MastinlKelly to approve Resolution No. 97-52 Modifying Resolution 95-8 Regarding
Fees, Charges, and Policy Changes at the Ukiah Municipal Solid Waste Facility was
carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly,
Mastin and Mayor Malone. NOES' None. ABSTAIN: None. ABSENT: None.
RECESS: 10:07 p.m.
RECONVENED' 10:12 p.m.
10. NEW BUSINESS
10a. Approval of Schedule for Fiscal Year 1997-98 Budge~t
Council reviewed and approved by consensus the Schedule for the Fiscal Year 1997-98
Budget.
10b. Authorize Implementation of Budget Billing for Utility Customers_
10c.
Miscellaneous Customer ,s.
10d. Authorize Pilot Pro ram to Offer Credit Card Pa ment for Utilit and
Miscellaneous Customers
10e. Ado tion of Resolution A rovin Pro ram Re ardin Use of Electric Service
Limiters
Items 10b, 10c, 10d and 10e were reviewed as one item.
MIS MastinlMalone to authorize implementation of budget billing for utility customers, to
authorize implementation of electronic funds transfer for all customers with recurring
monthly bills, to authorize a pilot program to offer credit card payment for utility and
miscellaneous customers, and to adopt Resolution No. 97-53 Approving Use of Service
Limiter Adapters for Electric Meters. The motion carried by the following roll call vote:
AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone. NOES: None.
ABSTAIN: None. ABSENT: None.
Regular Meeting - February 5, 1997
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10f. Set Date for Planning Topic and Process Orientation
Council set the date and time of February 19, 1997 at 5:00 p.m. for the Planning Topic and
Process Orientation Session.
10g. Adoption of Foyer Display Policie.,=
City Attorney Rapport explained to the Council the content and selection of displays in the
Civic Center Foyer must comply with Constitutional requirements. These guidelines
proposed are meant to help the City avoid the situation the County of Mendocino recently
faced regarding censorship by removal of artwork in the foyer of the County Administration
Building. Appeals to the proposed policy would be to a trained professional not to the
Council.
MIS KellylMastin to adopt Resolution No. 97-54 Adopting Display Policies for the Civic
Center was carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku,
Kelly, Mastin and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: None.
10h. Report on City Councilmembers' Request to Lower City Councilmembers'
Salaries on a Temporary Basis
City Manager Horsley explained if Councilmembers chose to have their individual salary
lowered by 10 percent for a three-month period to reflect the recently imposed employees'
furlough program, they may do so by individual contract with the City. It was the
consensus of Council to proceed accordingly.
13.
13a.
CLOSED SESSION
G.C. Section 54957.6 - Confer with City of Ukiah Labor Negotiator, Cib,
Manaqer Candace Horsley, Regarding City of Ukiah Employee Bargainin;"
Unit -
i_ Fire
The Council went into closed session at 10:33 p.m. to discuss item 10i, Consideration and
Adoption of Resolution Approving Memorandum of Understanding for Employees
Bargaining Units, Fire.
The Council reconvened in open session at 10:38 p.m.
10i.
Consideration and Adoption of Resolution Approving Memorandum o1'
.Understanding for Employees Bargaining Units
MIS Mastin/Malone to Adopt Resolution No. 97-55 Adopting the Memorandum of
Understanding Between the City of Ukiah and Fire Unit was carried by the following roll
call vote' AYES: Councilmembers Chavez, Ashiku, Kelly, Mastin and Mayor Malone.
NOES: None. ABSTAIN: None. ABSENT: None.
11. CITY COUNCIL/REPORTS
Councilmember Chavez repoded on the Mendocino Wellness Grant.
Councilmember Ashiku reported he had attended a Northern California Power Agency
(NCPA) meeting. He felt there were major changes coming by virtue of the association
of NCPA and Enron and felt the possibility of Ukiah becoming a purveyor of natural gas
was worth pursuing. He also noted the Electric Director from the City of Healdsburg is
initiating a meeting between the staffs of Healdsburg and Ukiah to determine the feasibility
of cost reductions to the two electric departments by means of sharing of personnel,
equipment and the like.
Regular Meeting - February 5, 1997
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Councilmember Kelly reported she will be taking Councilmember Mastin's place as
Ukiah's representative to the Economic Development & Financing Corporation (EDFC)
in April, she attended her first Mendocino Council of Governments meeting, the
committee to establish a skateboard park in Ukiah is proceeding well as is the group of
citizens interested in development of the Arts and Recreation Center. She also stated she
would like a new format for the City's financial reports and would like to see the Council
agenda published in the Ukiah Daily Journal.
Councilmember Mastin praised City staff and Mayor Malone for the success of the recent
League of California Cities meeting held in Ukiah. He attended an EDFC meeting; the
group is very pleased with the consultants it has hired.
Mayor Malone reported on the Local Agency Formation Commission (LAFCO) meeting,
agreed that the League of California Cities meeting went well, and noted he attended the
Ukiah Chamber of Commerce retreat on the Mendocino Coast.
Councilmember Ashiku asked for an update of the design review standards for the
Redwood Business Park.
12. CITY MANAGER/DEPARTMENT HEAD REPORTS
City Manager Horsley noted Mike McDonald of NCPA will address the Council at its
March 5, 1997 Regular Meeting. The City of Ukiah General Plan is now being reviewed
by the County of Mendocino. The Redwood Empire Municipal Insurance Fund (REMIF)
Board of Directors has approved skateboard facility liability coverage when parks are
supervised and with a $25,000 deductible per city.
14. ADJOURNMENT
MIS Mastin Malone to adjourn the meeting was carried by a voice vote of all AYE of the
members present. The meeting was adjourned at 11:05 p.m.
Colleen B. Henderson, City Clerk
Regular Meeting - February 5, 1997
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