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HomeMy WebLinkAboutMin 05-01-96408 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 Reg. Mtg. May 1, 1996 Page 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIMI - May ~ 1996 Page 2 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 409 Reg. Mtg. May 1, 1996 Page 2 410 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - May 1, 1996 Page 3 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. Reg. Mtg. May 1, 1996 Page 3 411 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - May 1, 1996 Page 4 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. Reg. Mtg. May 1, 1996 Page 4 412 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - May 1, 1996 Page 5 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 Page 5