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HomeMy WebLinkAboutMin 12-07-94166 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - Decenfl~er 7~ 1994 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:32 p.m. in the Council Chambers of the Civic Center, 300 Seminary Avenue, Ukiah, California. Roll Call was taken and the following Councilmembers were present: Malone, Wattenburger, Shoemaker and Mayor Schneiter. Absent: Councilmember Mastin. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Assistant Redevelopment Director DeKnoblough, Assistant to the City Manager Harris, Public Utility Director Barnes, Assistant City Manager Horsley, Airport Manager Bua, Public Works Administrator Goodrick, Public Safety Director Keplinger, and Finance Director Elton. Z. Invocation/Pledge of Allegiance Councilmember Malone delivered the Invocation quoting Robert Frost and Councilmember Wattenburger led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES 3a. Regular Adjourned Meeting of November 10, 1994 M/S Shoemaker/Malone approved the minutes of the regular adjourned meeting of November 10, 1994, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Mastin. 3b. Regular Meeting of November 16, 1994 Councilmember Shoemaker made the following corrections to Page 3; last paragraph, second line, change the word "ten" to "the"; Page 4, first sentence reword to "Council establishing a policy regarding trees, placing them between he curb and sidewalk.', M/S Shoemaker/Wattenburger to approve the minutes of the regular meeting of November 16, 1994, as amended by Councilmember Shoemaker. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Mastin. 3c. Regular Adjourned Meeting of November 29, 1994 M/S Shoemaker/Malone to approve the minutes of the regular adjourned meeting of November 29, 1994, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Mastin. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR Councilmember Malone questioned fuel tank specifications for rejection. Councilmember Shoemaker questioned why the need for conditioning. air It was the consensus of Council to pull Consent Item 5c. Rejection of Bids for One ton Heavy Duty Truck with Cab and Chassis Truck. It then became New Business Item 8e. M/S Shoemaker/Wattenburger to approve the Consent Calendar as follows: 5a. Denied the Claim for Damages Received from Peggy Farmer and Referred it to the City's Insurance carrier, R.E.M.I.F. Reg. Mtg. December 7, 1994 Page 1 167 5b. Awarded bid for Mobile Shelving Units at the Grace Hudson Museum to TAB Products in the amount of $17,899.62, less tax. 5d. Awarded bid for One New 3/4 Ton Truck with Service Body for Water Department to Hansel Ford in the amount of $19,540.44. 5e. Amended the capital budget and awarded bid for one ton truck with service body and crane to Ukiah Ford in the amount of $25,224.13. 5f. Set the date of December 21, 1994 for Public Hearing Regarding Rate Adjustment for Garbage and Recycling Collection Service for Drop Boxes. 5g. Approved a special council meeting December 21, 1994, at 5:30 p.m. with reception following for retirement ceremony for past City Treasurer Robert Ranochak. 5h. Adopted Resolution No. 95-29 Declaring Obsolete Items as Surplus. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Mastin. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. UNFINISHED BUSINESS 7a. Consideration of Mayoral Nomination Process for City Commissions The Assistant to the City Manager reported since the Council meeting of October 5, 1994, when Council directed staff to develop a Ordinance amending the Ukiah City Code regarding the Mayoral nomination process for City Commissioners, staff needs further clarification and presented several options. He reported on the options where there could be a modification of the current system, appointments on a rotating basis, each Councilmember may make a nomination, or individual appointments. Councilmember Malone commented Councilmembers have the opportunity to recruit applicants, and the Mayor should make nomination for first choice then go on down the seniority of each Councilmember through the line. He indicated the extra record keeping is not as important as community members volunteering. Councilmember Shoemaker feels Option 2a where each Councilmember makes nomination upon a rotational system is best. He indicated it is not alot of extra work to keep track of who made last nomination, and indicated the process should start with Mayor. Discussion ensued regarding timeframes for rotation, two year term for Mayor. Councilmembers Malone and Shoemaker remembered their nominations went to a third vote. Councilmember Wattenburger stated he feels Option la will work but will not change his position on this matter, in that the process is currently working and should not be fixed. Councilmember Malone commented that the nominations should just occur with the votes occurring at will. Mayor Schneiter stated the process is working as it is currently and feels it weakens the position of Mayor. He suggested that more discussion should occur prior to the Mayor making a nomination. Councilmember Shoemaker feels future Councilmembers should be allowed to bring their nominations forward, and we should wait for Councilmember Mastin presence, for his input as to which system he Reg. Mtg. December 7, 1994 Page 2 168 prefers. He indicated Option 2a will work. Councilmember Malone explained the past rotation of Mayor made a difference, but now the Mayor stays for only two years. He indicated Council can state their case for nomination requested from Mayor. Discussion ensued regarding possible scenarios and political ramifications. Councilmember Shoemaker stated we should wait for Mastin before vote, and requested the Council table this matter. Councilmember Malone indicated he is willing to table. M/S Wattenburger/Schneiter to approve option la. Mayoral nomination with Council vote is retained, but ordinance is amended to require Mayor receipt of public input from City Council members regarding candidates. Councilmember Shoemaker noted he has problem with the staff report that poses the question if Council still wants to do this, after a majority vote had taken place to do that. The City Manager replied the staff report explained that staff required further direction on the type and means of rotations, and staff was unaware that there would be less than a full Council present at this meeting. Mayor Schneiter called for the question. The motion failed for lack of a majority by the following roll call vote: AYES: Councilmembers Wattenburger and Mayor Schneiter. NOES: Councilmembers Shoemaker and Malone. M/S Malone/Shoemaker to table this matter until Councilmember Mastin can provide input. The motion failed for lack of a majority vote with the following roll call vote: AYES: Councilmember Malone and Shoemaker. NOES: Councilmember Wattenburger and Mayor Schneiter. Councilmember Shoemaker expressed his displeasure at this outcome when Council had voted to amend this process and return with modifications. 7b. Discussion Regarding Memorandum Received From Deputy County Counsel Jeanine Bauman, Concerning Indemnification of City Land fill, with Possible Direction to City Staff The City Attorney reported on the memorandum received from Deputy County Counsel Jeanine Bauman concerning Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) regarding potential claims against municipal landfills. He explained the hazardous waste legislation in comparison to CERCLA. He advised the intent of congress controls or for the disposition of hazardous waste is for equal responsibility for clean up costs. Discussion ensued regarding potential liability and different scenarios with accepting waste from other agencies and our load checking procedures. ' The City Attorney advised he does not recommend an indemnification agreement with anyone bringing waste into the landfill. He explained that Council may need to weigh the business factors against the risk factors, which Council is entitled to make policy decisions based on conducting City business. Discussion ensued regarding options and alternatives. Councilmember Shoemaker noted the reason for this item, this is supposedly the last issue keeping other citys from using our landfill. He indicated he wants the Council to take as strong of a position as possible, to make an important business decision to Reg. Mtg. December 7, 1994 Page 3 171 take other garbage. He explained our loading checking procedures are excellent and we are attempting to make every effort to protect our landfill. Bob Wattenburger, 611 West Clay Street, stated he does not feel we should take garbage from outside our area. He commented that garbage waste is contaminated from Laytonville, Ft. Bragg, Casper, Pt. Arena, and the risk is too great to the City of Ukiah. He stated the City of Ukiah has no business taking care of their garbage. Mayor Schneiter explained we need some variation or wording which will benefit both the City of Ukiah while achieving the necessary results for the other agencies. Councilmember Shoemaker requested this matter of business be tabled until some wording can be proposed later in the meeting by the City Attorney and himself. Recess - 7:35 Reconvened - 8:43 p.m. M/S Wattenburger/Malone to table this matter of business to later in the agenda. The motion was carried by an unanimous voice vote of all AYE. Councilmember Shoemaker was absent from meeting. NEW BUSINESS Sa. Consideration and Approval of Requested Changes to Airport Hangar Rental Master Agreement The Airport Manager reported after the last Airport Commission meeting it was determined there is a need to amend the Airport Hangar master agreement to reflect the fact that some aircraft do not have registration numbers and there is a need to allow for the insertion of an alternative Identification number such as an engine or kit serial number. He noted the ultralights or a kit plane or a Canadian plane could not be based at our airport due to no N number. He explained this will allow him to better enforce the terms of the master rental agreement. Councilmember Shoemaker returned to the meeting at this time. Councilmember Malone noted one reason for this agreement in the first place was due to avoiding improper usage, or rental other than aviation, as there is a waiting list for these spaces. He indicated he feels any ultralight should not be using airplane hangars and all aircraft should be on the lease Councilmember Wattenburger noted there are many different types and sizes hangars which can accommodate everyone. Mayor Schneiter noted it would be inappropriate for other usage. Chuck Simon, 1100 Riverside Drive, Vice-chairman of Airport Commission noted this started 18 months ago as the Airport Commission received complaints of people needing hangars when people were building kit planes in hangars while expensive planes stay out. He indicated there is no problem with flying machines renting hangars, if bonafide airplane, not building kits that can't fly, repair ok, but not construction type activities. He noted a plane that flys vs. building is appropriate use and feels a kit number is not ok. He noted Ken Fowler cannot use a hangar for his new plane. The City Manager noted Mr. Fowler desires to build a hangar. The Airport Manager reported there are only 4 to 6 on the waiting list compared to 15 years ago when we had a waiting list of 100. Councilmember Wattenburger questioned how many hangars are being used for construction? He needs facts before address this perceived problem. If several then maybe the City could build an enterprise for this activity. Reg. Mtg. December 7, 1994 Page 4 172 The Airport Manager reported he knows of one person, Mr. Harry Long, and he flies his kit planes periodically. Bob Wattenburger, 611 Clay Street, this issue came up due to improper usage. More hangars is needed as we have the space. He suggested using grants to build more hangars, and extend runway south. He explained there is federal and state money available, lets go after these monies for improvements. Councilmember Malone suggested agreement wording allowing inspection. The Airport Manager explained inspection has not been done in some time and needs to be done. Fire Marshall could inspect for fuel storage. Bob Farnbach, 39 Hillcrest Avenue, consensus of the Airport Commission that hangars are for aircraft only, and he personally feels N numbers should stay on contract. Councilmember Shoemaker suggested wording that payments not received by the 5th to 10th would be imposed a daily late fee, lock out penalty should be in this agreement and accumulated on a daily basis. Mr. Simon noted the Airport Commission is working on a delinquent wording. Mayor Schneiter explained Council just directed staff to implement this. The City Attorney noted legal wording is needed to address lockout. Discussion ensued regarding number of inspections and daily late fee fines. The City Manager explained staff needs to renegotiate after this lease form is approved by Council, for resigned leases. M/S Shoemaker/Wattenburger to move approval of requested changes of the Airport Rental Master agreement in the staff report and direct the City Manager and Airport Manager to renegotiate existing airport hangar rental agreements with the amendments to the existing agreements with these changes. Councilmember Malone suggested plural wording in aircraft numbers. The maker of the motion and the second to the motion agreed to the addition of this suggested modified wording. The motion was carried with an unanimous voice vote of all AYE. Bb. Consideration and Approval of Cancellation of Regular January 4, 1995 Council Meeting The City Manager reported the usual Council procedure is to cancel the first meeting in January sue to lack of business from the Holiday time in addition to allowing Mayor Schneiter explained he needs to be in Sacramento on January 4, 1994 as there is a river workshop at this time Sacramento that is very important to have representation at. M/S Wattenburger/ Malone to cancel the regular Council meeting of January 4, 1995. The motion was carried by a unanimous voice vote of all AYE. Request Fiscal Year 1994/95 Budget Adjustment for County of Mendocino Poison Control Assessment The City Manager reported the City has received the bill for its participation share of cost for the approved County wide po/son control program. He noted each public agency is responsible for its share of cost based upon allocation by population within each Reg. Mtg. December 7, 1994 Page 5 jurisdiction with Ukiah billed 18.71 percent of the total $12,000. M/S Malone/Wattenburger authorized budget adjustment of $2,180.40 to accommodate payment for Poison Control assessment. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter NOES: None. Absent: Councilmember Mastin. ' Sd. Consideration and A~---= ........ · ~v~u~ cz aeso~u~on Approving Memorandum ?f Understandings for Employee Bargaining Units of ; Miscellaneous, iii. Police, ~v. Fire, and v. Management · i. · Electric, Mayor Schneiter this item of business will be addressed after Closed Session. Se. Rejection of Bids for One Ton Heavy Duty Truck with Cab and Chassis Truck The City Engineer/Public Works Director reported on the bid quotes, and noted if the specification for air conditioning is waived we need to go back to the two lowest bidders. He explained the primary recommendation for rejection is that these bids were over budget. Councilmember Shoemaker noted his only question is why air conditioning with small trips. The City Engineer noted closed vehicles get hot and need to be cooled before driving. Councilmember Malone noted that required large fuel tank capacity it is just for range, and explained with in town trips he feels large capacity is not necessary. The City Engineer noted the bid proposals were over budget. M/S Shoemaker/Wattenburger to reject bids for one ton heavy duty truck with cab and chassis. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, and Mayor Schneiter. NOES: Councilmember Malone Absent- Councilmember Mastin. · · Continued from 7b. Discussion Regarding Memorandum Received From Deputy County Counsel Jeanine Bauman, Concerning Indemnification of City Landfill, with Possible Direction to City Staff M/S Shoemaker/Malone to take this item of business off of the table to further discuss the matter. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Mastin. M/S Shoemaker/ Malone the City Manager is directed to offer to hold harmless and defend the cities of Fort Bragg and Willits against any claims from off-site contamination at the Ukiah landfill in the event that municipal solid waste from those cities is disposed of at the Ukiah landfill, provided- 1 their aaent ..... ~ ..... · ( ) Those cities or j s , u~ =~,p~uyees, or contractors participate in or condone the disposal of prohibited hazardous materials at the Ukiah Landfill; (2) Their disposal of prohibited hazardous waste at the Ukiah landfill does not result from the negligent or willfully wrongful act or omission by the cities or their officers, agents, employees or contractors; and (3) Those cities continue to participate in the household hazardous waste collection programs of the Mendocino Solid Waste Management Authority. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Mastin. CITY COUNCIL/REPORTS Councilmember Malone Reported the tree lighting ceremony and the truckers parade was well attended even though it was raining. 173 Reg. Mtg. December 7, 1994 Page 6 Councilmember Wattenburger None. Councilmember Shoemaker Addressed the letter of correspondence received from Maureen Dowd who is concerned about new leaf enforcement as maybe trees will be cut by the elderly who cannot bag leaves. He explained this is is against our stand to protect trees. The City Manager noted we are only talking to citizens, not citing them. Discussion ensued regarding street cleaning and leaf pickup options. The Public Works Director noted we pull out our No. 2 street sweeper during leaf season. He explained a normal street cleaning day is one dump at landfill per day, and during leaf season it is 10 dumps per day. He reported our street sweeper runs 56 miles of streets with curb miles of 152. He explained during leaf season additional 80 hours in 1993, and only 32 hours in 1994, so there is some compliance by citizens this year. He noted the city ordinance states that rubbish is prohibited in streets, and leaves are called rubbish. He explained that city staff is just asking citizens for help in complying with the 1945 Ordinance. He explained his staff tries to accommodate handicap or disabled citizens, make exceptions. Councilmember Shoemaker requested a letter be sent to Mrs. Dowd and reported on the MSWMA meeting he attended. Mayor Schneiter Mayor Schneiter reported he will be attending a NCPA monthly meeting tomorrow, on Friday he will be having a meeting with PG&E regarding headwaters discussion, noted he will attend the January meeting with SWRCB regarding the Russian River watershed , noted he will attend the police dinner on December 16, and the upcoming City of Ukiah Employees Association dinner this Friday. Reminded Council the next Council meeting starting at 5:30 p.m. to honor retiring City Treasurer Bob Ranochak. CITY MANAGER/DEPARTMENT HEAD REPORTS Noted he will be out of town this Friday and Monday. Recess to Redevelopment Agency - 8:48 p.m. Reconvened at 9:12 p.m. CLOSED SESSION Mayor Schneiter announced the items of business needing action in Closed Session tonight, as per the Brown Act regulations. Recess - 9:15 p.m. Reconvened - 9:20 p.m. Council entered Closed Session at 9:20 p.m. Council came out of Closed Session at 10:16 p.m. 11a. As per G.C. Section 54957.6 - Confer with City of Ukiah Labor Negotiator, City Manager Charles Rough Regarding City of Ukiah Employee Bargaining Units of Electric, Miscellaneous, · Fire and Management Police M/S Shoemaker/Wattenburger to adopt Resolution No. 95-30 adopting the memorandum of understanding between the City of Ukiah and the Fire, Police, Management, Miscellaneous, and Electric Bargaining Units. The motion was carried by the unanimous voice vote of all AYE. 11b. As per G.C Section 54956.9 - Conference With Legal Counsel Regarding Existing Litigation Leonard Winter Sr., et al, vs. City of Ukiah. et al., and related cross-action Mendocino County 175 Reg. Mtg. December 7, 1994 Page 7 Superior Court Case Nos. 65575 and 65248 consolidated. The City Attorney noted no action was taken by Council as this was for Counsel advisory only. ADJOURNMENT There being no further business the meeting was adjourned to December 21 ' , 1994, at 5;30 p.m. in the Council Chambers of the Civic Center, 300 Seminary Avenue f~or a retirement ceremony for past City Treasurer Ranochak~I . CCMIN. 183 ~ Cath~/~c~ Clerk 177 Reg. Mtg. December 7, 1994 Page 8