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MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - May 1, 1996 Page 1
The City Council convened at 6:32 p.m. in a regular meeting, of
which the agenda was legally noticed and posted, in the Ukiah Civic
Center Council Chambers, 300 Seminary Avenue, Ukiah, California.
Roll was taken with the following Councilmembers present at roll:
Malone, Wattenburger, Shoemaker and Mayor Schneiter. Staff present:
City Clerk McKay, City Manager Horsley, City Attorney Rapport,
Community Services Director DeKnoblough, Assistant City Manager
Harris, Senior Planner Stump, Public Utility Supervisor Borecky,
Planning Director Sawyer, City Engineer/Public Works Director
Kennedy, and Executive Assistant Yoast.
Z. Invocation/Pledge of Allegiance
Mayor Schneiter read the original version of the Serenity Prayer
and Councilmember Malone led the Pledge of Allegiance.
It was noted there were no draft minutes of the April 17, 1996
regular Council meeting submitted, due to the City Clerk attending
last weeks City Clerks Association of California annual conference.
3. RIGHT TO APPEAL DECISION
Mayor Schneiter reviewed read Government Code Section 1094.6 of the
California Code of Civil Procedures.
CONSENT CALENDAR
M/S Shoemaker/Wattenburger to approve the Consent Calendar as
follows;
4a. Adopted Resolution No. 96-58 making CEQA findings and adopted
Ordinance No. 963 amending the Airport Industrial Park (AIP)
Planned Development (PD).
4b. Awarded contract to Reuser, Inc. for wood and yardwaste removal
at Ukiah Solid Waste Disposal Site for fiscal year 1996/97, and
authorized the City Manager to execute a letter of agreement on
behalf of the City of Ukiah with Reuser Corporation.
4c. Adopted Resolution No. 96-59 confirming appointment of John
McCowen to Planning Commission, to fill the unexpired term of Brent
Smith.
4d. Adopted Resolution No. 96-60 authorizing City Manager to sign
access license granting access to facilities at Lake Mendocino
Power Plant.
4e. Denied claims for damages received from Rebecca Garzini and
Jess and Betty Freeman, and referred to City Insurance Carrier,
REMIF.
4f. Approved Proclamation honoring Charles G. Myers on his
Retirement from the Ukiah Unified School District.
4g. Received report regarding the purchase of a wall mounted total
Residual Chlorine Analyzer.
The motion was carried by the following roll call 'vote: AYES:
Malone, Wattenburger, Shoemaker and Mayor Shoemaker. NOES: None.
Absent: Councilmember Mastin.
5. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No audience came forward.
PETITIONS AND COMMUNICATIONS
?a. Receipt and Discussion of March 9, 1996 Memorandum from
Richmond Sanitary Service
The Assistant city Manager reported the March 9, 1996 memorandum
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MINUTES OF THE CITY COUNCIL
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received from Richmond Sanitary Service has been provided to
Council for discussion.
Discussion ensued regarding options, due to recent litigation
regarding the transfer station, waste stream volumes determine
costs, timeframes, qualified companies, litigation timeframes,
current bids received by Ft. Bragg and Willits and effects of the
transfer station project.
?b. Receipt of Request to Film at the Civic Center and
Authorization of City Manager to Negotiate Location Contract
The City Manager explained the movie production company,
Frightmare, Inc. has pulled their application since the preparation
of the agenda, so this item is pulled.
UNFINISHED BUSINESS
Sa. Adoption of Resolution Approving Joint Powers Agreement for the
Establishment of the Mendocino County Inland Water and Power
Commission
Mayor Schneiter updated the Council as to what issues are coming
from the Commission.
M/S Shoemaker/Wattenburger to take no action on this ite~ of
business at this time. The motion was carried by the following roll
call vote: AYES: Malone, Wattenburger, Shoemaker and Mayor
Schneiter. NOES: None. Absent: Councilmember Mastin.
Bb. Approve Agreement for the Acquisition of Easement and
Compensation for Severance Damages at 825 North State Street from
Mr. and Mrs. Shoemaker by Reason of the State Street/Low Gap
Road/Brush Street Improvement Project
The City Attorney advised this item of bussiness will be addressed
after deliberations in Closed Session.
NEW BUSINESS
9a. Adoption of Resolution of Intent to Enter Continued Lease with
California Department of Forestry
Councilmember Wattenburger removed himself from this portion of the
meeting as he is an employee of California Department of Forestry.
The Assistant Redevelopment Director/Community Services Director
reported on current negotiations and options available for siting
new facility for the CDF, and subcommittee and committee meetings
deliberations. He explained a Resolution of Intent from the City
is needed by CDF to start their process.
Council queried staff regarding lease details, condition of
existing buildings, the wholesale lumber lease to the north, and
preferred siting to the south.
The City Attorney recommended wording changes to the proposed
Resolution as follow; third line in fourth paragraph, change the
word "with" to "provided" and on same line, change the word of
"and" to "are".
M/S Shoemaker/Malone to adopt Resolution No. 96-62, as amended by
the City Attorney, stating the City of Ukiah's intent to enter into
a lease agreement with the California Department of Forestry. The
motion was carried by the following roll call vote: AYES: Malone,
Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember
Mastin and Wattenburger.
Mr. Cook Wattenburger requested the floor to address the Council.
Mr. Cook Wattenburger praised the City for it's new Alex R. Thomas
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downtown plaza. Council concurred and expressed their appreciation
for his comments.
Councilmember Wattenburger rejoined meeting at this time.
PUBLIC HEARING - 7:00 p.m.
6a. Adoption of Resolution Adjusting Room Rates Charged by the
Ukiah Valley Conference Center
Councilmember Mastin joined the meeting at this time.
The Ukiah Valley Conference Manager, Bruce Jenny reported as the
rental room rates at the Conference Center were last approved in
June 1994, he explained staff's proposal to adjust rates to cover
costs of operations.
Council queried staff regarding standard rates, non-profit rental
rates, details of the daily rentals rates, possible 1/2 day rates,
hourly rates, and costs for plaza management.
PUBLIC HEARING OPENED - 7:12 p.m.
No one came forward.
PUBLIC HEARING CLOSED - 7:13
M/S Malone/Mastin to adopt Resolution No. 96-61, adjusting room
rates for the Ukiah Valley Conference Center. The motion was
carried by the following roll call vote: AYES: Mastin, Malone,
Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent:
None.
NEW BUSINESS (CONT.)
9b. Approval of Budget Amendment for Health Insurance Premiums and
Authorization to Pay Redwood Empire Munlcipal Insurance Fund
The City Manager reported after REMIF terminated their group health
insurance program as of July 1, 1995, the Board of Director voted
April 17, 1996, adopted refund and deficit rates for the closed
health insurance program for each of its members. She explained the
options presented by REMIF to the City of Ukiah to repay the City
share of obligation as a participant in the REMIF health program.
The Finance Director explained the financial details of the options
presented.
Council queried staff regarding refunds and balance due by members.
M/S Malone/Mastin to approve a budget amendment for Fund #920
expenses of $170,237.The motion was carried by the following roll
call vote: AYES: Mastin, Malone, Wattenburger, Shoemaker and Mayor
Schneiter. NOES: None. Absent: None.
9c. Discussion of Community Attitudes Survey and 1996-97
Application Process for Grant Funding to Non-Profit Agencies
The City Manager reported direction is desired from CoUncil at this
time in the budget preparation process, as to desired funding.
After discussion it was the consensus of Council to not spend the
money for the attitude survey, at this time.
Council discussed grant funding for non-profit agencies.
It was the consensus of Council to include some funding for the
grant program and send applications to select groups that the City
Council can support and then work it out, after the budget
hearings.
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9d. Discussion of City Clerk Position
The City Manager reported at the 1995/96 budget hearings last year
a 4% cost of living adjustment was approved by Council with the
direction to return back to Council the matter of fixed working
hours for the City Clerk, noting the 4% has been in the City Clerk
budget. She explained in 1993, the Mayor requested a determination
from the City Attorney, if the Council could fix the City Clerk
hours, and the City Attorney memo was distributed. The staff report
stated the current office hours of the City Clerk is 21.5 hours per
week which impacts staff and the secretarial pool, and indicated
staff would like to include additional funds for secretarial
support in the City Clerk budget, or could fund for part time help
in this upcoming budget year. We have discussed deputizing a Deputy
City Clerk, which could be Karen Yoast or another secretarial
position. She indicated the City Clerk has requested a letter of
her response to the staff report be read.
Cathy McKay CMC/AAE, Ukiah City Clerk since 1988, read her
memorandum indicating her intent to resign, dated May 1, 1996, into
the public record.
Councilmember Shoemaker stated that as he did not hear the word
resignation he hopes there is still time to negotiate with the City
Clerk to staff and indicated he hopes I would fill out the term to
November.
Mayor Schneiter commented he did not expect this and suggested this
matter be tabled for further discussion.
Councilmember Wattenburger stated he concurs to table this matter
due to length of the City Clerk's letter.
Mayor Schneiter questioned the City Clerk as to intent of leaving
and if there is a date and time.
Councilmember Shoemaker commented the City Clerk has not included
a date and time for a reason, so we should not press. He asked the
City Clerk if there is a chance that she will consider staying, as
he would not like not to see her go.
The City Clerk indicated she does not wish to delay, as her primary
concern now is for herself and her family.
The City Attorney indicated a date and time is needed for a legal
resignation as it sounds like she will not consider staying.
Mayor Schneiter requested the City Clerk to work with the City
Attorney and City Manager to develop a date and time.
Councilmember Shoemaker stated it is unfortunate that the City
Clerk feels she must leave to protect her self and family, and
expressed his personal apology for these issues to have pushed her
into a corner, with her seeing no way out, except to leave.
M/S Mastin/Wattenburger to table this matter at this time. The
motion was approved by consensus of Council.
10. CITY COUNCIL/REPORTS
Councilmember Mastin - Informed Council he was late due to a
meeting in Ft. Bragg today.
Councilmember Malone - Reported he attended the Sewer Treatment
Plant dedication.
Councilmember Wattenburger - None.
Councilmember Shoemaker - None.
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Mayor Schnieter - None.
11. CITY MANAGER/DEPARTMENT HEAD REPORTS
None.
CLOSED SESSION
Council went into Closed Session at 7:42 p.m.
12b. As per Government Code Section 54957 - Public Employee
Discipline/Dismissal/Release
Councilmember Shoemaker left Closed Session at 8:45 p.m.
12a. As per Government Code Section 54956.8 - Conference with Real
Property Negotiator Regarding 825 North State Street Property, for
Right of Way Acquisition from R. Shoemaker Parcel
Council came out of Closed Session at 9:14 p.m.
The city Attorney announced no action was taken on 12b.
M/S Wattenburger/Malone to approve the agreement for acquisition of
easement for Shoemaker property with the following changes to the
agreement; 1) Delete paragraph P., and 2) Modify paragraph L to
"City to pay 1/2 of any foundation cost with City share of costs
not to exceed $1,000. The motion was carried by the following roll
call vote: AYES: Mastin, Malone, Wattenburger, and Mayor Schneiter.
NOES: None. Absent: Councilmember Shoemaker.
ADJOURNMENT
There being no further business the me~ting was adjourned at 9:14
CCMIN. 229 e~tfiY' ~cKay C~,~/AAE,
City Clerk
Reg. Mtg.
May 1, 1996
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