HomeMy WebLinkAboutMin 03-20-96MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - March 20, 1996 Page 1
The City Council convened in a regular meeting, of which the agenda
was legally noticed and posted, in the Ukiah Civic Center Council
Chambers, at 6:30 p.m. Roll was taken with the following
Councilmembers present: Malone, Wattenburger, and Mayor Schneiter.
Absent: Councilmembers Mastin and Shoemaker. Staff present: City
Clerk McKay, City Manager Horsley, City Attorney Rapport, City
Engineer/Public Works Director Kennedy, Finance Director Elton,
Public Utilities Director Barnes, Planning Director Sawyer,
Assistant to the City Manager Harris, Assistant Redevelopment
Director DeKnoblough, Public Works Administrator Goodrick, and
Public Works Superintendent Looney.
2. INVOCATION/PLEDGE OF ALLEGIANCE
Assistant to the City Manager Harris delivered the Invocation and
Mayor Schneiter led the Pledge of Allegiance.
3. PROCLAMATION SUPPORTING 58TH ANNUAL REDWOOD REGION LOGGING
CONFERENCE MARCH 21-23, 1996
Mayor Schneiter read and presented the Proclamation to Phillip
Shuster, President Redwood Region Logging Conference, who informed
Council of the objectives of this organization and upcoming special
events at the Logging Conference.
URGENCY ITEM FOR NEW BUSINESS
The City Manager reported on the need for Council to consider and
take action on an urgent item of City business which arose after
the preparation of this agenda, and requires a vote of Council to
add to this agenda.
M/S Wattenburger/Malone to add "Consideration of Proposal from
Environmental Science Associates for Preparation of Addendum to
Certified Landfill EIR as Requested by the City of Willits for
Addition of 10 Garbage Trucks", to this agenda. The motion was
carried by the following roll call vote: AYES: Councilmembers
Malone, Wattenburger, and Mayor Schneiter. NOES: None. Absent:
Councilmembers Mastin and Shoemaker.
4.Approval/Correction of Minutes of Regular Meeting of March 6,1996
M/S Malone/Wattenburger to approve the minutes of the regular
meeting of March 6, 1996, as submitted. The motion was carried by
the following roll call vote: AYES: Councilmembers Malone,
Wattenburger, and Mayor Schneiter. NOES: None. Absent:
Councilmembers Mastin and Shoemaker.
5. RIGHT TO APPEAL DECISION
Mayor Schneiter reviewed Government Code Section 1094.6 of the
California Code of Civil Procedures.
CONSENT CALENDAR
M/S Wattenburger/Malone to approve the Consent Calendar as follows;
6a. Received and approved the report of disbursements for the
month of February 1996.
6b. Denied claims for damages received from Thomas Parducci and
Linda Perez; and referred to City Insurance Carrier REMIF.
6c. Adopted Resolution No. 96-46 establishing and abolishing No
Parking Zones/Bus Loading Zones on the East Side of South State
Street between Mill and Gobbi Streets.
6d. Adopted Resolution No. 96-47 amending Resolution No. 96-45,
authorizing the Mayor to execute amendment No. 2 to contract No.
92-SAO-20058 between the City of Ukiah and the Western Area Power
Administration.
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6e. Adoption of Ordinance No. 962 amending Section 3000 (Model
Code Adoption) of the Ukiah City Code, Building Regulations.
6f. Awarded bid for Polemount Transformers; Five 5 KVA, Five 15
KVA, Six 25 KVA, and Six 37.5 KVA Transformers to Western States
Electric in the Respective Amounts of $2,504.25, $2,557.90,
$3,719.40, and $5,033.62; and Nine 50 KVA Transformers to Central
Maloney, Inc. in the Amount of $11,959.47
6g. Award of Bid for Padmount Transformers; Five 37.5 KVA and
Three 50 KVA transformers to Westinghouse Supply Company in the
Respective Amounts of $11,261.25 and $6,788.91; Three 25 KVA and
Two 75 KVA Transformers to Central Maloney, Inc. in the respective
amounts of $4,916.35 and $4,601.02
6h. Received the report of notification to Council regarding the
purchase of a Streaming Current Monitor, from Chemtrac Systems,
Inc. In the amount of $8,043.75.
6i. Awarded bid for 50 Foot and 55 foot Class 3 Western Cedar
Poles to J.H. Baxter in the amount of $13,159.58, including tax and
freight.
The motion was carried by the following roll call vote: AYES:
Councilmembers Malone, Wattenburger, and Mayor Schneiter. NOES:
None. Absent: Councilmembers Mastin and Shoemaker.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
None.
PETITIONS AND COMMUNICATIONS
9a. Consideration of March 5, 1996 Letter From Mendocino Council of
Governments and March 11, 1996 Letter From Mendocino Transit
Authority Requesting Opposition to AB 2084
The City Manager reported AB 2084 provides that by a simple
majority vote, the Board of Supervisors of a County could take as
yet an unspecified percentage of Transportation Development Act
Funds, which is 1/4% sales tax, to use for any County General Fund
purpose. The bill excludes the City's share of TDA's from this
raid. She noted both MCOG and MTA are requesting the City's
participation in opposition to our legislators of this bill.
Councilmember Wattenburger and Mayor Schneiter reviewed past
actions of these agencies pertaining to this needed funding.
M/S Wattenburger/Malone to authorize the Mayor to send a letter
of opposition to Assemblyman Houser and Senator Thompson. The
motion carried with a unanimous voice vote of all AYE.
UNFINISHED BUSINESS
10a. Set Date for Electric Workshop
It was the consensus of Council to meet for Council Electric
Utility Workshop at 5:30 p.m. prior to the regular meeting of April
3, 1996.
10b. Adopt Resolutions Appointing Airport Commissioner and Planning
Commissioner to Fill Existing Vacancies
The City Clerk reported three applications were received for the
one vacancy on the Airport Commission from John Reinhart, William
French, Jr., and Robert Webb, and noted the two out of City
residency positions on this Commission are already filled so Mr.
Reinhart cannot be considered for appointment at this time. She
explained the various options available for Council consideration
regarding the current Planning Commission vacancy with no
applications received at this time.
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Councilmember Malone nominated Robert Webb to fill the unexpired
term of Chuck Simon on the Airport Commission to June 30, 1998. The
nomination was approved with the following roll call vote: AYES;
Councilmembers Malone, Wattenburger and Mayor Schneiter. NOES:
None. Absent: Councilmembers Mastin and Shoemaker.
Discussion ensued regarding possible appointment to the Planning
Commission from previous applicant pool within the past year.
Councilmember Malone nominated John McCowen, who applied for the
Planning Commission last July, to fill the current vacancy on the
Planning Commission. The nomination died for lack of a second to
the nomination.
Discussion ensued regarding readvertising timeframes.
M/S Schneiter/Wattenburger to re-advertise the vacancy on the
Planning Commission and bring applications back to Council at the
regular meeting of April 17, 1996. The motion was carried by a
unanimous voice vote of all AYE.
M/S Malone/Wattenburger to adopt Resolution No. 96-48, appointing
Robert Webb to fill the unexpired term of Chuck Simon on the
Airport Commission to June 30, 1998. The nomination was approved
with the following roll call vote: AYES; Councilmembers Malone,
Wattenburger and Mayor Schneiter. NOES: None. Absent:
Councilmembers Mastin and Shoemaker.
Recess - 7:43 pm
Reconvened - 7:54 p.m
PUBLIC HEARING - 7:00 p.m.
8a. Adoption of Ordinance as an Urgency Item, Amending City Code
Section 2462, Allowing Greater Flexibility in the Use of Trailer
Coaches and Camp Cars Within City Limits
The Senior Planner reported on the Planning Commission's
recommendations for amendment to Ukiah City Code Section 2462 to
allow temporary living for non-resident visitors in trailer coaches
or camp cars, by administrative review, and for a limited time with
specific criteria to be met.
Councilmember Wattenburger questioned the City Attorney as to
having a conflict due to his membership in the Church which
requested this amendment.
The City Attorney noted if there is no financial effect, there is
no legal conflict.
Council queried staff regarding administrative costs and possible
future fees.
PUBLIC HEARING OPENED - 7:06 PM
Janice Evans, 1041 Maple Avenue, requested a definition of camp
cars, which the Planning Director read from the code. She indicated
she is opposed to this amendment to the Code due to possible health
and sanitation violations, impacts to nearby homes in residential
areas, noting there are RV parks set up for this activity,
questioned why one letter from one church created this proposed
code amendment, expressed concern for big motorhomes impacting
neighborhoods in R-1 zones, and it is not clear what criteria the
Zoning Administrator will use for issuing this permit.
The City Attorney stated that the issuance of the permit would
depend that the use is not detrimental to public health, safety and
welfare, to be determined by building department, and staff would
answer complaints and abate violations.
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John McCowen, P.O. Box 454, Ukiah, stated the City is trying to
accommodate a good volunteer effort with the proper process, but
this proposed Ordinance could open a pandoras box. It is his
understanding that camp cars could not be parked in front or side
yard setbacks; feels permits should not be allowed in R-1 zone, but
does not know what the Church is zoned. He feels the administrative
permit is a good process, and hopes there is some criteria for
guiding the Zoning Administrator, for limited use.
Penny Mathis, Geneal Manager for the RV park on Gobbi Street,
opposes this Ordinance. She stated the current Ordinance is not
enforced, so how can this new Ordinance be enforced. She stated
that there would be loss of business licenses, fees, revenues of
private RV parks and the Fairgrounds. She explained that some
expandable trailers are 20 feet wide. She has seen trailers parked
on streets with cords and expandables out to sidewalk and noted
propane is highly flammable. She indicated that the Manor Oaks
Park is equipped to handle these vehicles, and asked Council to
consider the effect on local business and homeowners. She
distributed pictures of trailers parked on City streets, being
lived in.
Delosis McGrew, Fairgrounds Manager, 1057 N. State Street, stated
that recreational vehicle parking creates much needed revenue to
the Fairgrounds. She reminded Council that City permission for the
fairgrounds RV park was allowed by letter from City Manager to the
State. She asked Council to reconsider any possible action tonight
that will affect the Fairgrounds operation. She explained how lost
revenues affect the Fairgrounds operations which benefit the whole
community.
Public Hearing Closed - 7:28
Mayor Schneiter questioned the voting number required for adopting
urgency measures.
The City Attorney advised due to two Councilmember absent from this
meeting, The 4/5ths vote requirement cannot be met, so normal
Ordinance processing would be required if action is desired.
Motion by Councilmember Malone to table this matter. The motion was
seconded for discussion by Councilmember Wattenburger.
Councilmember Wattenburger noted he is a member of the congregation
of the Church which requested an amendment to allow trailers of
volunteers helping on a yearly project, but explained he is looking
at this as a whole issue for the City. He explained he has seen
trailers and motorhomes parked for various situations, such as
remodeling, fire damage, security on property, and feels citizens
expect to be allowed to use their property in a beneficial way. He
feels the Planning Commission has thoroughly addressed all issues
and feels it is proper, although he would like to limit use in
zones.
Councilmember Malone commented he would like to see something
simpler for good reasons such as remodeling, with a sticker in the
window process, to let neighbors and authorities know it has been
allowed by a permit process. He noted that Churches could ask their
congregation to open their homes to house the volunteers if they
could not afford RV park costs.
Mayor Schneiter called for the question.
The motion on the floor passed with the following roll call vote:
AYES: Councilmember Malone and Mayor Schneiter. NOES: Councilmember
Wattenburger. Absent: Councilmembers Mastin and Shoemaker.
Mayor Schneiter suggested staff look at how other communities
address this matter.
Councilmember Malone suggested staff look at how to notify and
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involve neighbors, criteria and a permit in window.
M/S Schneiter/Malone to request this matter be taken back through
the Planning Commission process to fine tune out the rough spots
and bring back after July 1, 1996. The motion was carried by the
following roll call vote: AYES: Councilmembers Malone,
Wattenburger, and Mayor Schneiter. NOES: None. Absent:
Councilmembers Mastin and Shoemaker.
NEW BUSINESS
11a. Accept Fiscal Year 1995 Audited Financial Statements from
Davis Hammon & Company
The Finance Director reported on the transmittal letter from the
auditors and reviewed the report with Council.
Council queried staff regarding auditors recommendations and
timeframes.
M/S Wattenburger/Malone to accept the audited financial statements
for the City of Ukiah, from Davis Hammon & Company, CPA's for the
year ended June 30, 1995. The motion was carried by the following
roll call vote: AYES: Councilmembers Malone, Wattenburger, and
Mayor Schneiter. NOES: None. Absent: Councilmembers Mastin and
Shoemaker.
11b. Adoption of Resolution Changing Hours of Operation at the
Ukiah Municipal Solid Waste Site Effective April 1, 1996
The Public Works Administrator reported on current hours at the
landfill in summer and winter for public and commercial haulers.
She explained staff closing procedures and impacts from employee
absences. She indicated that staff recommends maintaining the
current hours of 8 am to 4 pm to help mitigate traffic, allow staff
more time after closing to complete closing procedures, provides
more consistency in hours of operation for the public as it is less
confusing than changing hours twice each year. She reported the
commercial haulers have indicated this change will not affect them
and a earlier report on landfill operations by Mr. Mike Sweeney
indicates there are only 4 to 5 customers arriving during this one
hour in the late afternoon each day.
Councilmember Malone stated the City road sign on Perkins needs
repainting with the hours.
Mayor Schneiter indicated he is concerned about notifying the
public as to this change, and requested staff to fully advise the
public in all manners, to preclude someone hopping in their truck
at 4:45 to go to the dump and then be inconvenienced.
M/S Wattenburger/Malone to adopt Resolution No. 96-49, adjusting
the hours of operation at the Ukiah Municipal Solid Waste Site.
The motion was carried by the following roll call vote: AYES:
Councilmembers Malone, Wattenburger, and Mayor Schneiter. NOES:
None. Absent: Councilmembers Mastin and Shoemaker.
11c. Authorize the Mayor to Execute Exhibit A, Revision 1, to
Contract No. 92-SAO-20058 Between the City of Ukiah and the Western
Area Power Administration
The Public Utility Director reported on the advantages of this
proposed revision to the current agreement and noted it will create
considerable savings to our energy costs, as the California Oregon
Transmission costs are less.
M/S Wattenburger/Malone to authorize the Mayor to execute Exhibit
A, Revision 1, to Contract No. 92-SAO-20058 between the City of
Ukiah and the Western Area Power Administration. The motion was
carried by the following roll call vote: AYES: Councilmembers
Malone, Wattenburger, and Mayor Schneiter. NOES: None. Absent:
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Councilmembers Mastin and Shoemaker.
11d. Authorize Staff to Continue Discussions with Redwood Valley
County Water District Relative to the Possible Sale of Water
The City Attorney disclosed his dual representation of concerned
parties, as he has previously disclosed and is on file.
The Public Utilities Director reported on water issues concerning
the RVCWD, advantages to the City of Ukiah for sale of water, water
rights issues, and permitting and licensing impacts.
Council queried staff regarding legal issues, water policies of
surrounding agencies, and the details of agreement wording
protecting the City's and surrounding communities water use.
M/S Malone/Wattenburger to authorize City staff to continue
discussions with Redwood Valley County Water District relative to
possible sale of water; contingent upon the City Attorney's
approval. The motion was carried by the following roll call vote:
AYES: Councilmembers Malone, Wattenburger, and Mayor Schneiter.
NOES: None. Absent: Councilmembers Mastin and Shoemaker.
11e. Preparation of Addendum to EIR Request by City of Willits as
an Urgency Request
The City Engineer/Public Works Director reported on new information
just received from the City of Willits requesting amended figures
in the certified landfill EIR, to reflect an additional 10 garbage
trucks per day from Willits, instead of the previous figure of four
transfer trucks. He explained the Willits Council discussions
regarding hauling after the Willits landfill closes June 1997 and
the projected opening of the transfer station in June 1998. He
reported the EIR consultant (ESA) has advised they can prepare
this addendum in the amount of $3,500, after legal review by our
City Attorney.
Council discussion with staff ensued regarding continuing costs of
concessions to other agencies for uncertain future use of our
landfill, transfer sites and legal issues.
M/S Schneiter/Malone contingent upon approval from City Attorney to
proceed; authorized staff to have an addendum made to the Certified
Landfill EIR, and authorized expenditure of $3,500 for the
preparation of the EIR Addendum by Environmental Science Associates
from funds budgeted for the construction of a gas collection system
for the area exceeding maximum methane levels, from acct. #660-
7301-250-005. The motion was carried by the following roll call
vote: AYES: Councilmembers Malone, Wattenburger, and Mayor
Schneiter. NOES: None. Absent: Councilmembers Mastin and Shoemaker.
12.
CITY COUNCIL/REPORTS
Councilmember Malone - Reported he will be attending a League of
California Cities meeting; he was approved as a City representative
nominee for the North Coast Railway Authority and noted he attended
the NCRA meeting today in Cloverdale.
Councilmember Wattenburger - Reported on the pocket park sub-
committee he attended and noted the recommendation is coming to
Council next meeting.
Mayor Schneiter - Noted there is nothing to report.
13.
CITY MANAGER/DEPARTMENT HEAD REPORTS
The City Manager reminded Council the City sponsored ballot
measures still need public attention.
Recess to Ukiah Redevelopment Agency - 8:56 p.m.
Reg. Mtg.
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Reconvened as City Council - 9:15 p.m.
CLOSED SESSION
14a. As Per Government Code Section 54956.8 - Conference with Real
Property Negotiator for Instruction Regarding Sale or Lease of
Real Property/Hydroelectric Facilities at Lake Mendocino/IDA West
Council entered Closed Session at 9:16 p.m.
Council came out of Closed Session at 9:25 p.m.
14. ADJOURNMENT
There being no further business the meeting was adjourned 9:26
Civic Center
p.m., to April 2, 1996 at 9:00 a.m. ~,n the Ukiah
Council Chambers for Investment Semin~ .//
Cathy~MoRay/OMC/A~,
City Clerk
389