HomeMy WebLinkAboutMin 05-03-95~INUTES OF THE CITY COUNCIL OF THE
CITY OF UK[i~-I - ~a¥ ~ 1995
The City Council convened in a regular meeting, which was legally
noticed an posted, at 6:30 p.m., in the Council Chambers of the
Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was
taken and the following Councilmembers were present: Mastin,
Malone, Wattenburger, Shoemaker, and Mayor Schneiter. Absent: None.
City Staff present: City Clerk McKay, City Manager rough, City
Attorney Rapport, Museum Director Margaret Ann Lane, Assistant City
Manager Horsley, Purchasing Agent Kennedy, City Engineer/Public
Works Director Kennedy, Public Utility Director Barnes, and
Planning Director Sawyer.
2. Invocation/Pledge of Allegiance
Mayor Schneiter read an Invocation in Spanish to commemorate Cinco
de Mayo, and Councilmember Wattenburger led the Pledge of
Allegiance.
Mayor Schneiter acknowledged Sheriff Tuso's presence, who wished to
address Council at this time.Mayor Schneiter granted him the floor
to accomodate comments from the audience.
Sheriff Tuso explained his visit tonight is to wholeheartedly
express his appreciation to the City and its Public Safety
department for its backup and support during the recent homicide of
Sheriff Deputy Bob Davis in Covelo. He read a letter of gratitude
to Police Chief Keplinger and reviewed the events associated with
this tragedy.
Council acknowledged his consideration during these difficult
times.
3a. Special Order of Business/ Proclamation - May 13, 1995 as NALC
National Food Drive Day
Mayor Schneiter read the Proclamation and presented it to mail
carrier, Dave Forsberg who reported on the upcoming food drive day
and past years successes.
4a. Introduction of New Employee - Margaret Ann Lane, Sun
House/Grace Hudson Carpenter Museum Director
The Assistant City Manager read Ms. Lane biography and introduced
her to Council. Ms. Lane stated she is very pleased to come to
Ukiah and assume the duties of director for such a fine Museum. She
commended Council for their forethought in preserving this asset
and the outstanding efforts of outgoing Museum Director Abel-Vidor.
APPROVAL/CORRECTION OF MINUTES
5a. Regular Adjourned Meeting of April 10, 1995 (Resubmittal)
M/S Malone/Wattenburger to approve the resubmitted minutes of the
regular adjourned Council meeting of April 10, 1995, Goal Setting
Session for fiscal year 1995-96. The motion was carried by the
following roll call vote: AYES: Councilmembers Mastin, Malone,
Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent:
None.
5b. Regular Meeting of April 19, 1995
Mayor Schneiter requested the correction of spelling for his name,
and the words "voice" and "for."
M/S Mastin/Wattenburger to approve the minutes of the regular
meeting of April 19, 1995, as amended. The motion was carried by
the following roll call vote: AYES: Councilmembers Mastin,
Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent:
None. Abstain: Councilmember Malone.
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6. RIGHT TO APPEAL DECISION
Mayor Schneiter reviewed 1094.6 of the California Code of Civil
Procedure regarding the appeal process.
CONSENT CALENDAR
M/S Malone/Wattenburger to approve the Consent Calendar as follows;
7a. Adopted Ordinance No. 958 Amending Chapter 4, Article 4,
Section 1151 and 1152 of the Ukiah Municipal Code.
7b. Awarded Bid for Annual Purchase of Petroleum Products at
Various City Facility Locations to Rinehart Oil, in the Amount of
$62,353.
7c. Awarded Bid to Don Ferranti for the Construction of Sidewalk,
Curb and Gutter, and Valley Gutters, and Handicap Ramp
Reconstruction at Various Locations, in the Amount of $35,967
The motion was carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor
Schneiter. NOES: None. Absent: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward.
PETITIONS AND COMMUNICATIONS
9a. Appeal of Paul Durbin Concerning Action Taken by Traffic
Engineering Regarding the Request to Close Highland Avenue to
Through Traffic
The City Engineer/Public Works Director reported on the
deliberations and consideration of Mr. Durbin's request by the
Traffic and Engineering Committee. He explained after receiving a
petition from neighbors in the area of Highland Drive requesting
the closure of Highland due to high traffic and unsafe speeds. He
expalined a City survey was hand delivered to west side
neighborhoods surrounding this area in addition to a published box
ad survey requesting citizen input regarding this closure request.
He explained these surveys did not include names or addresses of
submitter, nor did staff notify the public regarding this agenda
item of business.
Mr. Paul Durbin reported on his petition circulation, concerns for
damage to property from speeding cars, presented Council with
pictures of cars ending up in his front yard due to excessive speed
coming down Highland Drive, and distributed copies of sketches of
possible barriers he recommends for the closure of Highland Drive.
Council discussion ensued regarding impacts form closing this
street, possible alternatives for speed reductions measures,
narrowing of this street, re-signing, redirecting traffic flows,
re-designing the width of the street, possible speed bumps,
increase and narrowing of the corner near Mr. Harbins residence up
on this road.
Motion by Malone to make Highland a two way street, implement
traffic calming measures such as curbs or abutments, and signage in
both directions that indicates dangerous curves and posted lowered
speed limits. The motion died for lack of a second.
M/S Shoemaker/Schneiter to request the City Engineer to report back
to Council regarding the narrowing of the area at the Harbin house
and at the bottom of the hill, and to increase signage and request
the Public Safety Department to increase Police patrols, and leave
the direction as is. The motion failed with a majority voice vote
of NOE with Councilmember Shoemaker and Mayor Schneiter voting
AYE.
Discussion ensued regarding alternatives.
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Mr. Durbin stated his main concern is speeding cars crashing in his
front yard.
Councilmember Wattenburger requested a reconsideration of the
previous motion. He then withdrew this request.
M/S Wattenburger/Malone to deny this appeal and uphold the Traffic
Engineering Committee's denial of Mr. Durbin's request to close
Highland Avenue to through traffic and requested and engineering
report back to Council on ways to improve the overall safety of Mr.
Durbins situation. The motion was carried by a unanimous voice vote
of all AYE.
UNFINISHED BUSINESS
10a. Draft Ukiah Valley General Plan Orientation
The Planning Director reported on the four year process of citizen
based advisory committees involving hundreds of citizens and their
input for the development of this voluminous document. He explained
notated GMSC and Planning Commission wording, both deletions and
additions, will be provided for Council to review. He reviewed the
Resolutions certifying the final EIR and approving and adopting the
general plan after full Council review.
Dr. Leroy Lowery, Chairman of the Growth Management Steering
Committee reported on the Steering Committee process which
developed the draft general plan which was forwarded to the
Planning Commission.
Estok Menton, Chairman of the Ukiah Planning Commission reported on
the Planning Commission process which reviewed and refined this
document to what is provided to Council at this time.
Discuss ensued regarding the procedures and process for Council
review of the proposed general plan.
It was the consensus of Council to receive this report and offered
their appreciation to Dr. Lowery and Planning Commissioner Menton
and their respective commissions, for their dedication and great
efforts in developing this document.
NEW BUSINESS
lla. Recommended city Legislative Positions on Pending State
Legislation AB563, AB82 and SB1266
The City Manager reported on current legislation needing Council
review and action. He reported on AB 563 Hazardous Materials Rights
of Way Municipal Liability to support; AB 82 Booking Fee Reform
support and oppose SB 1266 Elimination of Use of Eminent Domain.
Discussion ensued regarding redevelopment law and future State
legislation issues will be forwarded to Council for correspondence
action.
M/S Wattenburger/Malone to authorize staff to prepare
correspondence for the Mayor's signature as follows; letters to
Assembly Appropriations Committee in support of AB 563, to
Assembly Local Government Committee in support of AB 82, and to
Senate Judiciary Committee opposing SB 1266. The motion was carried
by a unanimous voice vote of all AYE.
12.
CITY COUNCIL/REPORTS
Councilmember Mastin - Reported on his ride along with the Ukiah
Fire Ambulance program last night, and his tour of Ft. Bragg City
facilities and various projects as the Economic Development Finance
Committee Chairman.
Councilmember Malone - Acknowledged his appointment to the League
of California Cities.
Councilmember Wattenburger - Reported there was no May MCOG
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meeting, questioned the Garden Court negotiations and the error in
the North Coast Builders Exchange notice of award of bid for
Airport sign construction.
Councilmember Shoemaker - Questioned the status of 273 E. Clay
Street demolition, reported on Mendocino Solid Waste Management
Authority issues, and distributed a letter from Jerry Ward to
Council.
Mayor Schneiter - Noted Mike McDonald from NCPA will be in Ukiah on
May 19, 1995, 11:00 a.m. to answer any questions Council of staff
may have, he reported on his NCPA trip to the City of Lodi, and
updated the Council on NCPA business.
13. CITY MANAGER/DEPARTMENT HEAD REPORTS
Reported on the Downtown Plaza low bidder request to pull their bid
and explained the second bidder is still interested.
CLOSED SESSION
14a. As per Government Code Section 54956.9 - Conference with Legal
Counsel Regarding Existing Litigation of Winters vs. City of Ukiah
14b. As per Government Code Section 54956.8 - Conference with Real
Property Negotiator Regarding Assessor's Parcel Nos. 180-110-01
and 180-110-02
14c. As per Government Code Section 54957: Public Employee Annual
Performance Evaluation of City Manager Charles L. Rough, Jr.
Council entered Closed Session at 9:20 pm.
Council came out of Closed Session at 12:33 pm.
M/S Shoemaker/Malone to approve a $25,000. settlement of Winter
vs. City of Ukiah, with Winter to dismiss suit with prejudice and
sign general release prepared by the City Attorney. The motion was
carried by a unanimous voice vote of all AYE.
15 . ADJOURNMENT
There being no further business, the meeting was adjourned to May
8, 1995, 6:30 p.m. in Council Chambers of the Civic Center, 300
Seminary Avenue for Public Hearings Regarding Ukiah Valley General
Plan Update.. ~~ ~ ~..-~/'///--~'/ /
CCMIN.196 (. ~'/' "
Cath City Clerk
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Reg. Mtg.
May 3, 1995
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