HomeMy WebLinkAboutMin 02-21-96372
MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - February 21, 1996 Page i
The City Council convened in a regular meeting, of which the agenda
was legally noticed and posted, at 6:34 p.m. Roll was taken with
the following Councilmembers present: Mastin, Malone, Wattenburger,
Shoemaker and Mayor Schneiter. Staff present: City Clerk McKay,
City Attorney Rapport, Acting City Manager Harris, Executive
Assistant Yoast, Personnel Administrative Secretary Revheim,
Water/Sewer Operations Superintendent Borecky, Planning Director
Sawyer, Finance Director Elton, and Assistant Redevelopment
Director DeKnoblough.
2. INVOCATION - Dedication of Meeting to Retired California
Department of Forestry Division Chief, Tom Neilson
Councilmember Wattenburger delivered a tribute with a moment of
silence in the memory of Division Chief Neilson.
3. PLEDGE OF ALLEGIANCE
Mayor Schneiter led the Pledge of Allegiance.
URGENCY ITEM OF BUSINESS
The Acting City Manager reported an item of business arose after
the preparation of this meeting's agenda, and requested Council
approval for addition to tonight's agenda.
M/S Malone/Wattenburger to add the Item of New Business "Adoption
of Resolution Designating Agent for Filing of Financial Assistance
Application to State of California for December 1995 Storm
Disaster" to this agenda of February 21, 1996. The motion was
carried by a unanimous voice vote of all AYE.
Mayor Schneiter noted this item will be placed as New Business Item
10b.
4. Approval/Correction of Minutes of Regular Meeting of February 7,
1996
The City Attorney suggested two corrections to the minutes of the
February 7, 1996 Council meeting as follows; Page 5, 6th paragraph,
last line, delete the wording "our contamination level being much
greater than the Caspar landfill" and replace with "how
contamination at the Ukiah Landfill compares to contamination at
the Caspar landfill."; and Page 5, second paragraph from the bottom
of the page, third line, delete the wording of "approved staff", and
replace with the wording reviewed the letters exchanged by Budge
Campbell and Rick Kennedy, approved their proposal in concept, and
authorized County staff".
M/S Wattenburger/Mastin to approve the amended minutes of the
regular meeting of February 7, 1996, as suggested by the City
Attorney. The motion was carried by the following roll call vote:
AYES: Councilmember Mastin, Malone, Wattenburger, Shoemaker and
Mayor Schneiter. NOES: None.
5. RIGHT TO APPEAL DECISION
Mayor Schneiter reviewed Government Code Section 1094.6 of the
California Code of Civil Procedures.
CONSENT CALENDAR
Councilmember Malone pulled Item 6g. Receive and File 1996-97 Goals
and Objectives for Personnel/Risk Management and Secretarial Pool
Divisions from the Consent Calendar for further discussion. It then
became New Business Item 10c.
It was the consensus of Council to move New Business Item 10c. up
in the agenda and consider it after "Audience Comments."
M/S Malone/Wattenburger approved the Consent Calendar as follows;
Reg. Mtg.
February 21, 1996
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MINUTES OF THE CITY COUNCIL
OF ~H~.CITY OF UKIAH - February 21, 1996 Page 2
6a. R~ceived and approved report of disbursements for the month of
January 1996.
6b. Received add approved additional report of disbursements for
the month of December 1995.
6c. D~nied claim received from Robert Levy, and referred to City
inSurance carrier REMIF.
6d. Accepted work as complete by Peabody TecTank, Inc. for
installation of water tank and authorized the City Clerk to file
Notice of Completion.
6e. Accepted notification to Council regarding purchase of Liquid
Polymer Product.
6f. Received and filed audit report for June 30, 1995 and 1994
Transportation Development Act Funds and Surface Transportation
Program Funds.
6h. Authorized payment for Emergency River Bank Repair to Mendocino
Construction in the amount of $89,243.64.
The. motion was carried by the following roll call vote: AYES:
Councilmember Mastin, Malone, Wattenburger, Shoemaker and Mayor
Schneiter. NOES: None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Eric Sunsweet, P.O.Box 363, Potter Valley, provided Council with
further information regarding composting, from his attendance at a
Appropriate Technology Transfer for Rural Areas (ATTRA) meeting in
Santa Rosa.
New Business 10c. Receive and File 1996-97 Goals and Objectives for
Personnel/Risk Management and Secretarial Pool Divisions
Councilmember Malone explained he noticed in the goals that the
issue of walls and hours of operation for the Civic Center offices
may want to be discussed by Council, with staff.
The Acting City Manager noted the goals presented to Council are in
draft at this time.
Council queried staff regarding reducing City administration hours
of operation, open cubicles of offices creates background noise
disturbance and lack of privacy for Department Heads.
M/S Malone/Wattenburger to approve this item of business and
requested staff to bring back further solutions at budget time. The
motion' was carried by the following roll call vote: AYES:
Councilmember Mastin, Malone, Wattenburger, Shoemaker and Mayor
Schneiter. NOES: None.
PETITIONS AND COMMUNICATIONS
8a. Consideration of Request From Evangelical Free Church to Amend
Municipal Code Regulating the Use of Trailers and Camp Cars
The Planning Director reported on a letter received from the
Evangelical Free Church which requests a City Code amendment to
allow 4 to 8 camp trailers to be parked at their site for several
months, instead of the current allowable 3 nights, as they need
temporary housing for construction volunteers working on the
Church. He reported staff could address a UC Code Section 2462
amendment with further review and attempt to fast track it back to
Council, ~although he noted it may not meet the Church's starting
date of April 5, 1996.
Discus~'.~n ensued regarding possible procedures, enforcement
processes, and administrative review.
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OF THE CITY OF UKIAH - February 21, 1996 Page 3
Councilmember Wattenburger stated he sees a bigger picture where
we all have seen vehicles used for construction and security of
sites throughout the City and citizens expect to be allowed to use
their property in emergency and temporary situations. He explained
when the original Ordinance was written 50 years ago, there were
no motor homes or trailers, just tents, and there is now sanitary
and safe temporary housing in recreational vehicles.
Councilmember Malone explained we all see visitors with extension
cords to trailers. He stated he is leery of opening the door to a
major camp out event, and suggested that a permit sticker would
help with enforcement.
The Acting City Manager explained that sanitary and safety issues
need to be addressed.
The Planning Director indicated staff feels trailers should
exclude the R-1 zone.
Councilmember Shoemaker commented that while he was fixing up his
old home, his parents who were helping, stayed in their motor home
on his property. He noted there should be an allowance for
extenuating circumstances of property owners needing to fix or
build their homes.
The City Attorney advised that the issue of on-street parking
versus off-street parking of trailers should be addressed, and
reminded Council that City staff has flexibility in discretionary
enforcement of Code Sections.
Discussion ensued regarding time frames for processing of this
amendment to the Code.
M/S Mastin/Malone directed staff to bring this item back to
Council, as soon as possible. The motion was carried by a unanimous
voice vote of all AYE.
UNFINISHED BUSINESS
9a. Accept the Final Report of Watershed Sanitary Survey for Upper
Russian River and Upper Main Eel River Prepared by Kennedy/Jenks
Consultants
The Water/Sewer Operations Superintendent reported this completed
watershed sanitary survey is required by the City's water supply
operating permit. He explained the same is required of Redwood
Valley County Water District and Millview County Water District, so
the cost of this survey has been shared and distributed as follows;
City of Ukiah $16,066; Millview County Water District $10,710.66;
and Redwood Valley County Water District $5,355.34.
Council queried staff regarding review time lines by other
agencies, recreation areas location on maps, and the State
reviewed this survey with changes included in this final document.
M/S Mastin/Malone to accept the Watershed Sanitary Survey for the
Upper Russian River and Upper Main Eel River, as presented. The
motion was carried by the following roll call vote: AYES:
Councilmember Mastin, Malone, Wattenburger, Shoemaker and Mayor
Schneiter. NOES: None.
NEW BUSINESS
10a. Authorize Payment to Spiegel and McDiarmid for Legal Services
Rendered Relative to Headwater Benefit Issues, in the Amount of
$7,500 and Authorize the Director of Public Utilities to ~ake
Payment from the City of Ukiah,s General Operating Reserve Fund at
the Northern California Power Agency
Mayor Schneiter reported on the City's need for NCPA legal advice
regarding Eel River diversion shut-off issue and explained the
situation to Council.
Reg. Mtg.
February 21, 1996
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OF THE CITY OF UKIAH - February 21, 1996 Page 4
M/S Wattenburger/Shoemaker to authorize payment to Spiegel and
McDiarmid for legal services rendered in the amount of $7,500 and
authorized the Director of Public Utility to make payment from the
City of Ukiah's general operating reserve fund held at the Northern
California Power Agency. The motion was carried by the following
roll call vote: AYES: Councilmember Mastin, Malone, Wattenburger,
Shoemaker and Mayor Schneiter. NOES: None.
Urgency Item 10b. Adoption of Resolution Designating Agent for
Filing of Financial Assistance Application to State of California
for December 1995 Storm Disaster.
The Acting City Manager reported on the time requirements to file
for disaster assistance which requires Council to designate one
agent within City staff. He explained he will be processing all
paperwork for California and Federal disaster relief, and will be
the designated agent.
M/S Wattenburger/Mastin to adopt Resolution No. 96-41 designating
agent for filing of financial assistance application to State of
California for December 1995 storm disaster. The motion was carried
by the following roll call vote: AYES: Councilmember Mastin,
Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None.
11.
CITY COUNCIL/REPORTS
Councilmember Mastin - Reported on the MTA meeting he attended and
upcoming events.
Councilmember Malone - Reported on the Chamber relocation committee
and the Sun House Guild meetings he attended; and noted he will be
attending the League of California Cities Housing meeting tomorrow.
Councilmember Wattenburger - Nothing to report.
Councilmember Shoemaker - Reported he missed the last MCOG meeting;
reported on the MSWMA meeting he attended today; and noted he will
be going with Councilmember Malone tomorrow.
Mayor Schneiter - Provided Council with an update on the PG&E
Potter Valley project issue; reported Congressman Riggs requested
a list of requests from the City for needed projects; noted an
upcoming vacancy of a City representative on the NCRA Board;
explained he will be attending a NCPA meeting tomorrow; reported on
the NCPA Finance Committee meeting he attended and informed Council
of his resignation from this committee.
12.
CITY MANAGER/DEPARTMENT HEAD REPORTS - None.
Council recessed to Redevelopment Agency at 7:40 p.m.
Council reconvened at 8:52 p.m.
CLOSED SESSION
Mayor Schneiter announced the need to enter into Closed Session to
discuss the following; 13a. 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 entered Closed Session at 8:53 p.m. and reconvened in open
session at 9:24 p.m. The City Attorney noted no action was taken.
14. ADJOURNMENT
There being no further business, the meeting was adjourQed at 9:24
p.m. .
CCMIN.121
City Clerk
February 21, 1996
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375