HomeMy WebLinkAboutMin 04-05-95222
THE MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - April 5, 1995
The City Council convened in a regular meeting, of which the agenda
was legally noticed and posted, at 6:31 p.m., in the Council
Chambers of the Civic Center, 300 Seminary Avenue, Ukiah,
California. Roll was taken with the following Councilmembers
present: Mastin, Malone, Wattenburger, Shoemaker and Mayor
Schneiter. Staff present: City Clerk McKay, City Manager Rough,
City Attorney Rapport, Public Utility Director Barnes, Water/Sewer
Superintendent Borecky, City Engineer/Public Works Director
Kennedy, Assistant to the City Manager Harris, Planning Director
Sawyer, Finance Director Elton, and Assistant City Manager Horsley.
2. Invocation/Pledge of Allegiance
The Assistant to the City Manager delivered the Invocation and
Councilmember Shoemaker led the Pledge of Allegiance.
Approval/Correction of Minutes
3a. Regular Meeting of March 1, 1995
M/S Shoemaker/Wattenburger to approved the minutes of the regular
meeting of
March 1, 1995, as submitted. The motion was carried by the
following roll call vote: AYES: Councilmembers Mastin, Malone,
Wattenburger, and Shoemaker. NOES: None. ABSTAIN: Mayor Schneiter.
Abstain: None.
3b. Regular Meeting of March 15, 1995
Mayor Schneiter requested the following changes to Page 1, 1st
paragraph, Line 5, change "Chairman" to "Mayor"; and Page 6, change
"teh" to "the."
Councilmember Malone noted on Page 5, 1st paragraph, last line,
reverse the order of the words "severally" to "severely".
Councilmember Shoemaker requested additional wording added to Page
5, New Business Item 9a. of "The City Attorney advised that
Councilmember Shoemaker return to the meeting to vote with an
abstention which would create a needed quorum for passage."
M/S Shoemaker/Malone to approve the minutes of the regular meeting
of March 15, 1995, as amended by Councilmembers Malone, Shoemaker
and Mayor Schneiter. The motion was carried by the following roll
call vote: AYES: Councilmembers Malone, Shoemaker and Mayor
Schneiter. NOES: None. Abstain: Councilmember Mastin.
4. RIGHT TO APPEAL DECISION
Mayor Schneiter reviewed Section 1094.6 of the California Code of
Civil Procedure regarding the appeal process.
CONSENT CALENDAR
M/S Shoemaker/Malone to approve the Consent Calendar as follows:
5a. Denied the Claims for Damages, received from David and
Carolyn Eby, Kenneth L. Kauffman, Donald C. Kelly and PG&E, and
referred them to the City's insurance carrier REMIF.
5b. Awarded the Contract to Kennedy Jenks in the amount of
$39,004 for Watershed Sanitary Survey and Feasibility Study for an
Early Warning System on the Russian River.
5c. Authorized the advertisement of ~ur public member vacancies
on the Cultural Arts Advisory Board.
5d. Adopted Ordinance No. 957 Adding a New Chapter 7 to Division
4 of the Ukiah City Code, Entitled; Electric Utility and New
Articles 1 Through 5 to Chapter 7 Entitled: Electric Utility
Customer Service Policies.
Reg. Mtg.
April 5, 1995
Page 1
5e. Received the report regarding acquisition of contract services
pursuant to UCC Section 1522 for fees associated with preparation
and testimony to respond to preliminary injunction on drilling of
ground water well at disposal site to determine direction of flow
of benzene detected in other wells.
The motion was carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor
Schneiter. NOES: None. Absent: None.
6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Peter Caton, the recently appointed District Manager for PG&E
expressed his pleasure to be here to work with the Council and
outlined upcoming issues he will be addressing.
Mayor Schneiter welcomed Mr. Caton to Ukiah.
UNFINISHED BUSINESS
7a. Nomination and Approval of Two Appointments to Planning
Commission and Adoption of Resolution Approving Appointments to
Fill the Unexpired Terms of S. Hoppe and R. Howland
Mayor Schneiter offered Council a chance to address the potential
issue to reduce size of Commissions prior to making these
appointments. He discussed an alternative to take no action at this
time to fill these vacancies until June 30. He explained he would
like to see Council address the size of the Planning Commission
and the current/pending applicants could be considered during the
time of annual appointments in June.
Discussion ensued regarding possible scenarios and timeframes.
M/S Wattenburger/Malone to delay action at this time regarding
these Planning Commission appointments in order to undertake
discussion regarding Commission size reduction and then to consider
these applications for appointments in June; and for staff to
report back to Council on the April 19 regular meeting to address
the size of commissions with possible reduction to five members.
The motion was carried by the following roll call'vote: AYES:
Councilmembers Malone, Wattenburger, and Mayor Schneiter. NOES:
Councilmembers Mastin and Shoemaker.
NEW BUSINESS
Councilmember Shoemaker requested Council to move Item of Business
Sd. up to this point in the agenda due to time constraints of
attending audience. Council concurred with consensus.
Sd. Approval of Funding Request in the Amount of $500 From the
Girls and Boys Club of Ukiah
Hugh McAvoy stated he is requesting this amount for start up costs
for operations as well as to the complete 501c process which was
offered when his organization came to the Council on a prior
occasion. He updated Council as to the club, site needed, and how
they needed to raise one years operations costs before start up.
M/S Shoemaker/Malone to authorize $500 to the Girls and Boys Club
of Ukiah for start up costs, to be
funded out of the Community
outreach/Public Information account. The motion was carried by the
following roll call vote: AYES: Councilmembers Mastin, Malone,
Wattenburger, Shoemaker and Mayor Schneiter. NOES: None Absent:
None. ·
Sa. Adoption of Resolution Endorsing Mendocino County Community
Covenant on Responsible Hospitality
The City Manager reported the Responsible Hospitality Project (RHP)
is a drinking and driving prevention program whose primary goal is
to reduce the number of individuals who have exceeded the legal
drinking limit from driving on our highways. He noted the RHP is
requesting Council approval of the proposed resolution and covenant
which is also being submitted to other Cities and Mendocino County
223
Reg. Mtg.
April 5, 1995
Page 2
224
for their adoption.
Vernon Rogers, Director of Responsible Hospitality Project, stated
that their organization is not opposed to drinking, only opposed to
drinking and driving. He reviewed the proposed guidelines for
serving alcohol where sold or served He reviewed the covenants
factors. '
Council discussion ensued regarding new legislation, winery's input
and opinions, future scenarios regarding alcohol consumption, how
this voluntary model was presented and reviewed by the public and
businesses, and effects of lowered alcohol consumption.
Valerie Law, Twining Road, stated she was on the committee
developing responsible use of alcohol, and noted a monument of
flowers by the railroad tracks on Talmage Road was placed after a
crash of an impaired driver, not legally drunk, but impaired. She
explained it could happen to anyone at anytime.
Linda McClure, member of coalition, explained Vernon was extremely
conscientious in developing this county wide covenant with
resolutions and noted he worked hard to get the information out.
She indicated that with our youth being constantly bombarded with
advertising for drinking, this covenant is a good statement of
values for Ukiah to embrace.
M/S Wattenburger/Mastin to adopt Resolution No. 95-43 supporting
the Mendocino County Community Convenient on responsible
hospitality. The motion was carried by the following roll call
vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker
and Mayor Schneiter. NOES: None. Absent: None.
Sb. Establishment of a Public Hearing and Deliberation Schedule for
the City of Ukiah Draft Ukiah Valley General Plan
The City Manager reported the Planning Commission is finished
reviewing the draft general plan update.
The Planning Director reviewed necessary time criteria for City
Council review of the project and the fact that the review
schedules needed to be coordinated with the schedule of the
consultant and the City Attorney.
Discussion ensued regarding Council individual schedules in May and
when a draft plan will be available.
Mayor Schneiter indicated he would like to see the draft plan by
April 24 to May 1.
It was the consensus of Council to conduct orientation at the
regular May 3 Council meeting, with public hearings starting May
8 6:30 to 10:00 p.m., May 9 9-5 all day, May 10 6:30 -10 p.m., May
15 6:30-10 p.m., May 16 9-5, and May 17th regular Council meeting.
Recess-8:05 p.m. Reconvened - 8:11 p.m.
8c. Award of Contract to Rau and Associates in the Amount of
$38,680 for Engineering AD Services to Design River Bank Repair and
Stabilization at the Wastewater Treatment Facility
The Public Utility Director reported on the flood events of 1992-93
and 1994-95 wet seasons which resulted in severe bank failures
along the Russian River on the east side of the Wastewater
treatment plant along the ponds. He explained the extent of the
damage and repairs.
Councilmember Shoemaker expressed concern regarding the large
difference between all the bids.
Council queried staff regarding the Russian River Flood Control
district and effects on future agency permitting process and its
authority, FEMA funding, repairs completed, interim repairs,
opposite bank issues, pictures in staff report, affects of
constriction and velocity of the Russian River water, high water
currents and debris. ,
Reg. Mtg.
April 5, 1995
Page 3
Rick Ruddick, stated his family owns the agriculture interest
across from treatment plant. He noted his farm has been in the
family last four generations and the effects he has seen since the
treatment plant was built. He urged the City to build something
aesthetic and effective using the Coastal Conservancy guidelines
which restore vegetation and use sloping banks instead of steep
walls.
Council discussion ensued regarding current discussions with the
Coastal Conservancy, the specifications in this engineering
services design, addressing possible alternatives which will save
the ponds without affecting percolation.
M/S Shoemaker/Malone to award the bid for engineering services for
the design of a permanent repair of the River bank at the
Wastewater Treatment Facility to Rau and Associates and authorize
the City Manager to execute a contract for an amount not to exceed
$38,680. The motion was carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and
Mayor Schneiter. NOES: None. Absent: None.
9. CITY COUNCIL REPORTS
Councilmember Mastin - Reported on the Mendocino Transit Authority
meeting he attended, and he has been appointed Chairman of the
Economic Development Finance Committee.
Councilmember Malone-Reported he attended interviews of bank
presentations, reminded Council of the April 17 reception 2:00 p.m.
for our new Sun House Director and a farewell to outgoing Director,
and the Main Street meeting he attended.
Councilmember Wattenburger-Reported on the Mendocino Council of
Governments meeting he attended on Monday.
Councilmember Shoemaker-Reminded Council of this Saturday's League
of California Cities Redwood Empire Division meeting for a panel
discussion regarding Eel river water, and updated Council regarding
Willits transfer station approval
Councilmember Schneiter-Noted the upcoming goal setting session at
Ukiah Valley Conference Center at 9:30 a.m. on Monday April 10,
noted the upcoming April 19 Sanitation District joint meeting,
explained he will be attending the April 13 meeting on water, noted
that Ukiah is the alternate City representative on LAFCO and 1996
could be city rep, and requested Council address Council
assignments next meeting. He reported on the NCPA meeting he
attended.
10. CITY MANAGER/DEPARTMENT HEAD REPORTS
Updated Council regarding future upcoming dates of interest, noting
the Sun House reception, Council will address legislation issues
on April 3, and next Monday, April 10th is Council/Department goal
setting.
11. CLOSED SESSION
11a. As per Goverment Code Section 54957: Public Employee Annual
Performance Evaluation of City Manager Charles L. Rough, Jr.
Into Closed Session - 9:13 p.m.
Out of Closed session - 9:35 p.m.
12. ADJOURNMENT
To April 10, 1995, 9:30 a.m. in Ukiah Valley Conference Center, 200
South School Street, Colombard Room for the 1995-96 Budget Goal
Setting Workshop.
CCMIN. 193 ~',~
Cathy McKay CMC/AAE, City Clerk
225
Reg. Mtg.
April 5, 1995
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