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HomeMy WebLinkAboutMin 04-07-93418 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 7, 1993 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. Roll was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. Staff present: City Treasurer Ranochak, City Manager Rough, City Attorney Rapport, Assistant City Manager Horsley, Executive Assistant Yoast, Electric Utility Director Barnes, City Engineer Beard, Redevelopment/Economic Development Coordinator DeKnoblough, Public Works Director Goforth, Community Development Director Harris, Planning Associate Ibalio, Fire Marshal Sandelin, Police Captain Budrow, and Museum Director Abel-Vidor. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Schneiter delivered the Pledge of Allegiance and Councilmember Mastin led the Pledge of Allegiance. Mayor Schneiter noted that an emergency item of business has been brought to Council, by staff, regarding Mendocino County lease of office space. Due to the emergency nature, he requested Council approval to place this matter of business on the agenda for Council action at this meeting. M/S Mastin/Wattenburger to hear this emergency item of business and place the item on the agenda as New Business item lld. County Lease of Office Space in Yokayo Shopping Center. The motion was carried by a unanimous voice vote of all AYE. PROCLAMATIONS 4a. Declaring April 7, 1993 as World Health Day Mayor Schnieter read the proclamation declaring April 7, 1993 as World Health Day and presented the proclamation to Dell Smith, Director of Health and Community Services at Mendocino College, and Dottie Deerweister, Director at Project Sanctuary, who expressed their appreciation for Council's support and reported on their respective involvements and programs surrounding good health. 4b. Declaring the Month of April 1993 as Community Services Month Mayor Schneiter read and presented the Proclamation to Candace Horsley, Community Services Director, who expressed her appreciation to Council for their continued support of the department. Introduction of New Employees 5a. Noel Ibalio, Associate Planner The Community Development Director introduced Noel Ibalio, Associate Planner, to Council and provided a brief biography. APPROVAL/CORRECTION OF MINUTES 6a. Regular Meeting March 17, 1993 M/S Malone/Wattenburger to approve the minutes of the regular meeting of March 17, 1993, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 6b. Regular Adjourned A.M. Meeting, March 24, 1993 M/S Malone/Mastin to approve the minutes of the regular adjourned morning meeting of March 24, 1993, as submitted. The motion was carried by the following roll call vote: 419 AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. ABSTAIN: Councilmember Wattenburger. NOES: None. 6c. Regular Adjourned P.M. Meeting, March 24, 1993 Councilmember Mastin requested the following correction to Page 1, 9th paragraph, second line, add the word "State mandated" after the word "established." M/S Mastin/Malone to approve the minutes of the regular adjourned evening meeting of March 24, 1993, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. ABSTAIN: Councilmember Wattenburger. NOES: None. 7. Right to Appeal Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR M/S Wattenburger/Shoemaker to approve the Consent Calendar as follows; Sa. Approved the Payroll Warrants, dated February 28, 1993 to March 13, 1993, #47442 to #47615, in the amount of $138,454.38; and the Payroll Warrants, dated March 14, 1993 to March 27, 1993, #47616 to #47787, in the amount of $134,209.93; and the General Warrants, dated April 7, 1993, #59717 to #59922, in the amount of $872,415.24. Bb. Denied the claim for damages received from Radames Parra, and referred it to the City's insurance carrier, R.E.M.I.F. 8c. Awarded the annual bid to Rinehart Oil for Various Petroleum Products for City use in various locations, for an estimated amount of $63,115.40. Sd. Awarded the bid for Self Contained Breathing Apparatus, spare bottles and PAL Personal Alert Safety System devices to Cascade Fire Equipment in the amount of $11,162 plus tax. Se. Authorized the City Manager to enter into contract with Ford Construction Company, Inc. for the repair of the damaged plate and reinforcement work at the nose plate located at the hydro facility for estimated cost of $83,496. Bf. Approved and accepted Parcel Map No. 93-11, 631 South Orchard Avenue, applicant Les Ryan, revising public utility and access easements to conform to present development and proposed development of the properties and authorized the Mayor to execute the map on behalf of the City. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Stephanie Hoppe, 612 West Standley Street, discussed the needs of the Mendocino County Library and thanked Council for last year's funding to the Friends of the Library and requested the City consider providing assistance again this year with a possible increase in the amount. The City Manager noted that the Library is planning many new exciting programs to raise funds. UNFINISHED BUSINESS Reg. Mtg. April 7, 1993 Page 2 42O 10a. Adoption of Resolution Vacatinq Alley Located South of Clara Avenue Between Hamilton to Orchard The Community Development Director reported criteria established in the California Streets and Highways Code allows this alley to be summarily abandoned without a noticed public hearing. He reported the affected property owners were notified of this intended action, by mail, on April 2. He indicated that this alley has not been used in 15 years and property owners have already extended their property lines to encompass the access area. He reported no public money was expended for maintenance of this alley for five consecutive years, the alley has been impassable for travel, the easement has not been used for the purpose it was dedicated for, and the excess right-of-way is not required for street or highway purposes. He noted staff feels it would be appropriate to vacate this alley at this time to clear up the legal books. M/S Wattenburger/Malone to adopt Resolution No. 93-61, vacating the alley south of Clara between Hamilton Street and Orchard Avenue. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 10b. Adoption of Policy Resolution Amending City Investment Policy The City Treasurer reported the purpose of this revision to the investment policy is to bring it into line with what is allowed by the State. He explained with the interest rates as they are currently, it would be appropriate for the City to be able to invest in both A and AA rated bonds to maximize earned interest income. M/S Shoemaker/Malone to adopt Policy Resolution No. 27 amending City Investment Policy. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 10c. Adoption of Resolution Approving Appointments to One Vacancy on the Parks and Recreation Com_mission and Airport Commission i. Parks and Recreation Commission Applicants Johnny Garrett, Susan Johnson ii. Airport Commission Applicants Howard Henley, Sinet Simon, Jimmy Rickel Mayor Schneiter nominated Susan Johnson to the vacancy created by the resignation of Koreen Hurlbut on the Parks and Recreation Commission. The nomination was confirmed by a unanimous voice vote of all AYE. Mayor Schneiter nominated Chuck Simon to fill the unexpired term of Wes Housman on the Airport Commission. The nomination was confirmed by a unanimous voice vote of all AYE. M/S Wattenburger/Shoemaker to adopt Resolution No. 93-62, Appointing Susan Johnson to the Parks and Recreation Commission to a term that expires June 1996, and Sinet "Chuck" Simon to the Airport Commission to fill the unexpired term of Wes Housman to June 1994. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. NEW BUSINESS lla. Introduction of Ordinance Proposinq Amendment to Chapter 7, Procedures for Approval and Payment of Invoices and Demands The City Manager advised that this item was discussed at the recent goal setting workshop. The Finance Department is attempting to streamline the City's bill paying process. Reg. Mtg. April 7, 1993 Page 3 421 Currently, checks are prepared bi-weekly and are held pending Council review and approval, which results in some missed discounts and additional emergency issuances. He noted the proposed Ordinance allows for payment of budgeted expenditures without prior Council approval, and is in compliance with Government Code Section 37208 and is based on the theory that as the budget is already approved by Council, the Council has pre-approved the expenditure. He explained the City Attorney has reviewed and co-authored the proposed Ordinance and its compliance with State law. Mayor Schneiter noted many other agencies have the same process. The City Manager noted a monthly itemized list of prior month's disbursements will be provided for Council review and approval. He explained that non-budgeted items will always be provided to Council for their approval first. Further, any fund transfers between departments must also be signed by the City Manager and Mayor. M/S Wattenburger/Malone to read the title only for the first reading of the proposed Ordinance. Mayor Schneiter requested the reading of the proposed Ordinance title. The Executive Assistant read the title of the proposed Ordinance. M/S Wattenburger/Malone to introduce the Ordinance, amending Division 1, Chapter 7, Article 1 of the Ukiah City Code to authorize thepayment of budgeted expenditures without prior City Council approval. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. llb. Set Date for Solid Waste Workshop The City Manager reported that EBA Wastetechnologies has informed Staff that its final report will be available the end of April, and to allow staff time to prepare and Council time to review the document, the week of May 10th would be suitable for the workshop. It was the consensus of Council to establish the date of May 13, 1993, at 7:00 a.m., for a Council and staff workshop regarding solid waste. llc. Consideration of Resolution Authorizing the City Manager to Apply for FEMA Reimbursement Funding The Public Works Director reported that as a result of this past winter's severe storms, lasting from December through February, President Clinton declared a major disaster emergency for the State of California on February 3, 1993, in which Mendocino County was listed. He explained Ukiah was impacted by flooding, wind debris, traffic control, sandbag distribution to citizens, and increased pumping, treatment costs and damage at the Wastewater Treatment Plant and the Water Treatment Plant. He reported in order to apply for reimbursement of costs resulting from the storms, a Resolution is required by the State Office of Emergency Services, which designates a City official to execute all necessary documents. M/S Wattenburger/Malone to adopt Resolution No. 93-63, designating the City Manager as authorized agent to execute necessary documents for State disaster assistance. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Reg. Mtg. April 7, 1993 Page 4 422 lld. Emergency Item of Business - Adoption of Resolution Waivinq 60 Day Noticing Requirement for County of Mendocino The Community Development Director reported the County Social Services Department has provided the City with a 60-day notice to lease 14,000 sq. ft. of additional office space at the Yokayo Shopping Center. However, immediate occupancy is required by the County and they are requesting the waiver of the 60-day noticing requirement. He explained the County feels a waiting period would jeopardize negotiations for the lease and would adversely impact the Social Services Department. M/S Wattenburger/Malone to adopt Resolution No. 93-64, waiving 60 day noticing requirement for County of Mendocino to lease buildings at 733 A & B, 737 A and 739 B, C, and D South State Street. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. CITY COUNCIL REPORTS Councilmember Mastin Reported on the Mendocino Transit Authority Board meeting he attended and his teaching assignment as a substitute teacher in an English As A Second Language class, wherein the students expressed language barrier problems in dealing with City Hall. Councilmember Malone Reported he attended the Sun House Museum exhibit opening of "Remembering Your Relations" which was very well attended, and reported that the Chamber of Commerce has commenced on a new membership drive campaign. Councilmember Wattenburqer Reported on the Mendocino Council of Governmentmeeting he attended, and noted he has received several compliments from citizens regarding our Police Department's quick and courteous responses. Councilmember Shoemaker Noted he just completed reading the annual report from the Ukiah Fire Department and commented he is very impressed with their response time and we should congratulate them, plus all of their extra efforts in maintaining their own vehicles to keep costs low. He referred to the letter from the City of Alhambra, regarding the challenge to the State regarding redistribution of property tax and questioned whether Council desires to join in supporting that challenge. He reminded Council of the upcoming seminars for local businesses on how to survive after Wal-Mart opens. He reported he spoke to "Good Morning Ukiah" regarding solid waste issues, reported on his observations as he volunteered at the landfill on a Saturday to help people sort recyclables out of their waste. He invited all interested to attend the upcoming MSWMA April 21 meeting, held at 9:00 a.m. in Willits City Hall. The proposed MURF/Composting facility in Willits will be discussed. He noted his impressions from the meeting with the two County Supervisors and administrator regarding the County relocating to Low Gap Road. Mayor Schneiter Reported on the meeting he attended with Councilmember Malone and the City Manager with Assemblyman Hauser. He noted the current art exhibit in the Civic Center foyer is well done, reported on the City Select Committee meeting he attended on March 29, reported on the REMIF meeting he attended on March 31st, and the NCPA meeting he attended Reg. Mtg. April 7, 1993 Page 5 423 on March 25. He reported he had a meeting with a representative of the Mendocino County Tobacco Coalition which is proposing an Ordinance to the County and other local agencies. He explained the proposed Ordinance is more restrictive than the current Ukiah Ordinance. He also reported on the meeting he attended with Councilmember Shoemaker and the City Manager, with County Supervisors Sugawara and McMichael regarding the County's proposed move to Low Gap Road. 13. CITY MANAGER/DEPARTMENT HEAD REPORTS Reported on the meeting with Assemblyman Hauser. 14. CLOSED SESSION The City Attorney announced the need to go into Closed Session, as allowed under Government Code Section 54956.9(a) to discuss pending litigation Winters vs. City of Ukiah. M/S Wattenburger/Malone to go into Closed Session to discuss the pending litigation Winters vs. City of Ukiah. The motion was carried by an unanimous voice vote of all AYE. Council entered Closed Session at 8:09 p.m. Council came out of Closed Session at 8:53 p.m. ADJOURNMENT There being no further at 8:55 p.m. CCMIN.128 busin?~e,, j./~~.meeting//was ~ adjourned Charles L. Rough, J~. v Deputy City Clerk Reg. Mtg. April 7, 1993 Page 6