HomeMy WebLinkAboutMin 06-19-96MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - June 19, 1996
The City Council convened in a regular meeting, of which the agenda was 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: Mastin, Malone,
Shoemaker, and Mayor Schneiter, with Councilmember Wattenburger arriving at 9:00 p.m.
Absent: None. Staff present: Assistant City Manager Harris, City Manager Horsley, Director of
Public Works/City Engineer Kennedy, City Attorney Rapport, Planning Director Sawyer, Senior
Planner Stump, City Clerk Giuntoli.
2. Invocation/Pledge of Allegiance
Mayor Schneiter gave the invocation, and Vice-Mayor Shoemaker led the Pledge of Allegiance.
.
Approval of Minutes
Regular Meeting of June 5, 1996
Councilmember Shoemaker recommended the following correction to the Minutes:
Page 5, Adoption of Resolution Establishing Rental Fees for Alex R. Thomas, Jr. Plaza and
Adopt Vendor Use Guidelines, Paragraph 1, Sentence 1, amend to read "Assistant
Redevelopment Director DeKnoblough advised there will be a total of four vending sites in the
Plaza, one in each of the four corners."
M/S Malone/Mastin to approve the Minutes of the June 5, 1996 regular meeting, as amended,
carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and
Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: CouncilmemberWattenburger.
4. RIGHT TO APPEAL DECISION
Mayor Schneiter explained the appeal process.
5. CONSENT CALENDAR
M/S Malone/Mastin to approve the consent calendar as follows:
a.
co
d.
e.
g.
h.
Approved Report of Disbursements for the Month of May 1996.
Denied Claims from Storm Cole; Stella Salmans; Christine Lynnette Kuns and Deanna
Lorraine Kuns; and Emitte Kuns; and Referred to City Insurance Carrier, REMIF.
Adopted Ordinance No. 963 Amending Chapter 12, Section 1965, Municipal Parks and
Facilities of the City of Ukiah Municipal Code.
Received Notification Regarding Purchase of Liquid Polymer from Jenchem, in the
Amount of $7,110.68.
Accepted the Work Performed Under the Contract and Authorized City Clerk to File
Notice of Completion for ADA Curb Ramp, Specification No. 95-20.
Approved Agreement Among Mountain Valley Television Corporation, Mendocino
County Office of Education, and the City of Ukiah.
Adopted Revenue and Expenditure Budget Amendment for Summer Camp Division of
Community Services, Recreation Department.
Received Report of Purchase Between $5,000 and $10,000, Pursuant to UCC Section
1522 A3, for Printing Equipment and Software for the Finance Department from
Create!Print of America, in the Amount of $8,500.
Councilmember Malone inquired regarding Calendar Item No. 5c, Municipal Parks and Facilities
of the City of Ukiah Municipal Code, Section 2001.1, Item E, relative to amplified music and the
assumption permission for such would be given with the rental of facilities.
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429
City Manager Horsley replied there is a question on the rental application that asks if there will be
music at the event and if it will be amplified. Staff prefers to have the option of granting approval
when an applicant indicates music will be played.
The motion carried by the following roll call vote: AYES: Councilmembers Mastin, Malone,
Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember
Wattenburger.
M/S Malone/Mastin to add Urgency Items, Execution of Stipulated Order of Compliance and
Agreement No. 96-01 Pertaining to Levels of Methane Within Migrating Landfill Gas and
Completion of Gas Monitoring Network for Ukiah Solid Waste Disposal Site; and Approval of
Agreement Regarding Easement Claims With Redwood Business Park of Ukiah and Authorize
City Manager to Execute Agreement, to the Agenda as Items 9c and 9d, respectively, carried by
an all AYE voice vote.
City Attorney Rapport noted that action must be taken on both items prior to the next regularly
scheduled City Council meeting.
6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward.
Mayor Schneiter moved Agenda Item 8a to this time, since it was not yet the 7:00 p.m. scheduled
hour for the public hearing.
.
UNFINISHED BUSINESS
Set Dates and Times for Fiscal Year 1996-97 Budget Sessions
It was the consensus of the Council to accept the following dates and times for the 1996-97
Budget Sessions: City of Ukiah, 9:00 a.m. to 5:00 p.m., Tuesday, Wednesday, Thursday, June 25,
26, 27; Ukiah Redevelopment Agency, 1:00 p.m., Thursday, June 27; Ukiah Valley Sanitation
District, 5:00 p.m., Wednesday, June 26.
8b.
Adoption of Resolution Making CEQA Findings and Adoption of Ordinance Amending
the Airport Industrial Park Planned Development
City Manager Horsley advised this item has been brought back as part of an action taken at a
previous Council meeting; however, due to the fact there was not a full quorum it is being
brought back to the Council as a separate agenda item in lieu of listing it on the consent calendar.
M/S Malone/Mastin to adopt Resolution No. 96-71 Making Findings Pursuant to Public
Resources Code Section 21081 and California Environmental Quality Act (CEQA) Guidelines
Section 15091 Relying on the Previously Certified Subsequent Environmental Impact Report
Prepared for Buildout of the Airport Industrial Park (AIP) in Conjunction with Amendments to
the AIP Planned Development Ordinance (96-10b), carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN:
None. ABSENT: Councilmember Wattenburger.
M/S Malone/Schneiter to adopt Ordinance No. 964 Amending the Airport Industrial Park Planned
Development, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone,
Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember
Wattenburger.
It was noted that there have been no changes made in the ordinance between the time of
introduction and the time of adoption.
Mayor Schneiter reported that Item 8c, Consideration and Approval of Memorandum of
Understanding with Mendocino Brewing Company, would be heard following the closed session.
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431
,
NEW BUSINESS
Adoption of Resolution Calling November 5, 1996 Municipal Election; Authorizing
Consolidation Agreement for Election Services and Approving Candidate Statement
Agreement
City Manager Horsley advised it is time for the Council to call for consolidation of the Municipal
Election with the Statewide General Election to be held November 5, 1996. The election will be
for Mayor, two Councilmembers, the City Treasurer, and City Clerk positions. The close of the
nomination period is August 9, 1996, at 5:00 p.m., unless the incumbent does not file, in which
case the period of time to submit nomination papers is extended to August 14, 1996. The
Candidate's Agreement provides for a $200 or $400 deposit upon filing of nomination papers,
limits the wording to 200 words, and does not allow additional material to be included in the
sample ballot and the statement of qualifications.
M/S Malone/Mastin to adopt Resolution No. 96-72 of the City Council of the City of Ukiah
Calling An Election and Authorizing Execution of Agreement with the County of Mendocino for
the Provision of Election Services at the City Election to be Consolidated with the Regular
Statewide General Election, and to Approve the Candidate's Statement Agreement, carried by the
following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor
Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger.
9b. Discussion and Possible Action on Filling Council Vacancies Due to Election Results
Councilmember Shoemaker led the discussion relative to how Council vacancies would be filled
after the November election, and the possible appointment ora Council member. City Attorney
Rapport advised there is no discretion in the City Council to create different rules than are set
forth in the state laws. Further discussion followed relative to Councilmembers' salaries and the
term of the Mayor.
9C.
Execution of Stipulated Order of Compliance and Agreement No. 96-01 Pertaining to
Levels of Methane Within Migrating Landfill Gas and Completion of Gas Monitoring
Network for Ukiah Solid Waste Disposal Site
Public Works Director Kennedy reported the Local Enforcement Agency (LEA) has asked the
City to act on the stipulated agreement immediately; if no action is taken the permit application
will become invalid. The LEA informed the City that they would not act or determine the City's
application complete until the City agreed to perform certain tasks by stipulated dates. He further
reported he had corresponded with the LEA and had given them proposed dates for various tasks
of work. The dates in the stipulated agreement agree with the dates proposed to LEA. Staff
believes the City has no other option but to agree to the stipulated agreement.
Discussion followed relative to budget issues and projects needing to be completed. It was noted
that, budget issues aside, the proposed schedule could be met.
M/S Shoemaker/Malone to authorize the Mayor and City Manager to execute the Stipulated
Order of Compliance and Agreement No. 96-01 Pertaining to Levels of Methane Within
Migrating Landfill Gas and Completion of Gas Monitoring Network for Ukiah Solid Waste
Disposal Site, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone,
Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember
Wattenburger.
City Manager Horsley commended Mr. Kennedy for his efforts.
.
PUBLIC HEARING- 7:00 p.m.
Introduction of Ordinance Amending the City Zoning Map to Rezone City and Ukiah
Unified School District Property to "PF" (Public Facilities)
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432
Senior Planner Charles Stump advised this action is one of the first steps in implementing the new
General Plan. Many of the properties do not have a public facility attached to them; a listing of
the properties is attached to the ordinance as Exhibit "A." On May 22nd the Planning
Commission conducted a public hearing, and subsequently recommended approval of this action
to the City Council. Staff is recommending adoption of the Negative Declaration, and
introduction by title only the ordinance rezoning the properties to public facilities.
Discussion followed relative to whether some city-owned facilities were already zoned as public
facilities. It was noted that a previous major proposal to rezone the city and publicly owned
facilities to "PF" never appeared before the Council for approval.
Councilmember Shoemaker noted there was no County facility listed on the attachment.
Mr. Stump replied they will be bringing that action before the Council at another time. He noted
that some of the city-owned properties also are not on the list, and are not designated as public in
the new general plan; staff will probably recommend a general plan amendment with subsequent
rezoning of those properties to public facilities.
Councilmember Malone inquired regarding commercial properties such as the airport, the process
involved with future development on those properties, and whether the "PF" designation would
hinder that process.
Mr. Stump replied any ancillary use to the airport or such properties would be reviewed with
action taken upon it.
Public Hearing Opened: 7:11 p.m.
No one came forward.
Public Hearing Closed: 7:12 p.m.
M/S Shoemaker/Malone to approve the Negative Declaration, carried by the following roll call
vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None.
ABSTAIN: None. ABSENT: Councilmember Wattenburger.
M/S Shoemaker/Mastin to introduce by title only the ordinance amending the City Zoning Map to
rezone City and Ukiah Unified School District Property to "PF" (Public Facilities), carried by an
all AYE voice vote.
City Clerk Giuntoli read the Ordinance by title only.
NilS Shoemaker/Mastin to introduce the Ordinance Amending the City Zoning Map to Rezone
City and Ukiah Unified School District Property to "PF" (Public Facilities,) carried by the
following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor
Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger.
9d.
Approval of Agreement Regarding Easement Claims With Redwood Business Park of
Ukiah and Authorize City Manager to Execute Agreement
City Attorney Davi&Rapport advised that at the last meeting of the Redevelopment Agency there
was a tentative agreement discussed with the owners of the Redwood Business Park regarding the
construction of the improvements to Airport Park Boulevard; to implement that agreement there
will be three agreements necessary. This first agreement is a temporary document which basically
preserves the parties' rights pending the approval of written agreements implementing the rest of
the understandings. Under this agreement, which regards easement claims, the City and
Redevelopment Agency agree not to use the Airport Park Boulevard easement until the other two
agreements are reached or until this agreement terminates. The parties agree that any time
defenses based on statute of limitations and equitable defenses of laches, waiver and estoppel
Regular Meeting - June 19, 1996
Page 4
are tolled during the tolling period, which runs from May 21 until the earlier of when the
remaining two agreements are entered into, or July 25. If the two agreements are ultimately
approved, the first Easement Agreement also releases the City from any claims the Redwood
Business Park could make regarding the legality of the easement or the project. He noted this is a
tentative agreement subject to slight changes, and requested that the Council authorize the City
Manager to sign the agreement subject to the approval of the City Attorney.
Discussion followed relative to the content of the agreement, the time process involved, and
Redwood Business Park's contention that the conveyance of the easement is invalid.
City Manager Horsley inquired regarding grading.
Mr. Rapport replied the deadline for completing the grading is August 5. This agreement will
terminate on July 25 if agreement is not reached on that issue, among others.
Discussion followed relative to the award of contract to Parnum Paving.
M/S Mastin/Malone to authorize the City Manager to enter into the agreement subject to the
approval by the City Attorney, carried by the following roll call vote: AYES: Councilmembers
Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None.
ABSENT: Councilmember Wattenburger.
10. CITY COUNCIL REPORTS
The Councilmembers reported on their attendance at the NCRA meeting and celebration.
Councilmember Shoemaker reported the MSWMA had met and that they are now the official
owners of 9.3 acres on North State Street. He further reported the household hazardous waste
collection program was a phenonemal success, and the concept of having a "garbage circus" with
elected officials on the tentative date of Saturday, July 20, 10:00 a.m to 4:00 p.m., had been
approved. Prior to that meeting they will have a "staff scramble," with staff from all jurisdictions
sitting down and raising every issue possible that might be discussed. He further reported on the
upcoming July 12 hearing on the EIR for the solid waste transfer station and the RFP requesting
bids from solid waste disposal companies. He noted that the Redwood Empire Division of the
League of California Cities was going to have a meeting with the Bay Area Division in Eureka,
which is an effort to inject some more life into the Redwood Empire Division, which is potentially
the most powerful division in the entire state of California. Attendance has been low, and it is
thought that the co-meeting might help that problem.
Discussion followed regarding outside meeting opportunities for the Council.
Mayor Schneiter reported that on June 12 the representative for LAFCO was selected in Fort
Bragg. The representative in Ukiah will continue as the alternate for the coming term; Fort Bragg
will assume the position that Point Arena vacated.
11. CITY MANAGER/DEPARTMENT HEAD REPORTS
City Manager Horsley advised the fiscal year 1996/97 proposed budgets were available for
review.
The Council recessed to the Ukiah Redevelopment Agency Meeting at 7:33 p.m.
The Council reconvened as the City Council at 8:51 p.m.
12.
CLOSED SESSION (Confereuce with Legal Counsel Regarding Anticioated
Litigation - Significant Exposure to Litigation Pursuant to Subdivision (b) of
Section 54956.9 (1 case)
Regular Meeting - June 19, 1996
Page 5
The Council entered into closed session at 8:52 p.m.
Councilmember Wattenburger arrived at 9:00 p.m.
The Council came out of closed session at 9:30 p.m.
8(3.
Consideration and Approval of Memorandum of Understanding with Mendocino Brewing
Company
M/S Wattenburger/Mastin to approve the Memorandum of Understanding with Mendocino
Brewing Company, carried by the following roll call vote: AYES: Councilmembers Mastin,
Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES' None. ABSTAIN: None.
ABSENT: None
13. ADJOURNMENT
There being no further business, the meeting was adjourned at 9:32 p.m. to the budget hearings
commencing June 25, 1996, at 9:00 a.m.
Mar~ge ~J~untoli, City Clerk
a:cc/m061996
Revised
Regular Meeting - June 19, 1996
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