Loading...
HomeMy WebLinkAboutMin 12-02-92368 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - December 2, 1992 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:32 p.m.p.m., in the Council Chamber of the Civic Center, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Electric Utility Director Barnes, Finance Director Burt, Community Development Director Harris, Assistant City Manager Horsley, Public Works Director Goforth, and Police Chief Keplinger. INVOCATION/PLEDGE OF ALLEGIANCE Councilmember Wattenburger delivered the Invocation and Councilmember McMichael led the Pledge of Allegiance. 4. Approval/Correction of Minutes of Regular Meeting of November 18, 1992 M/S Wattenburger/Malone to approve the minutes of the Regular Meeting of November 18, 1992, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. 5. Right to Appeal Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR M/S Shoemaker/McMichael to approved the Consent Calendar as follows; 6a. Approved the Payroll Warrants dated November 8 - 21, 1992, #46018 to #46190, in the amount of $136,145.79, and the General Warrants dated November 18, 1992, #58053 to #58200, in the amount of $1,222,698.70. 6b. Denied the Claim for damages received from Dr. David Charles Schiff, and referred them to the City's municipal airport insurance carrier. 6c. Approved demolition permit for house located at 531 South Main Street - Mary Weeks. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. 7. Audience Comments on Non-Agenda Items No one came forward. UNFINISHED BUSINESS 9a. Adoption of Ordinance Repealinq Chapter 5 of Division 2 of the Ukiah City Code, entitled "Vehicles for Hire" and Adding New Sections 2500 - 2501 The City Attorney reported on a proposed amendment to the proposed Ordinance which was introduced at the last Council meeting of November 18, 1992. He explained his recommended additional wording which amends the proposed Ordinance to address the potential problem of a taxicab operating within Ukiah without a PUC permit, but licensed under another jurisdiction, and adds a definition of "taxicab." Discussion ensued regarding enforcement of area of dispatch, meter zones, and operating in and out of Ukiah. 369 Councilmember Wattenburger questioned the vehicle inspection process used by the California Highway Patrol, how citizens could complain about taxi services. He stated he is opposed to this proposed Ordinance as there is no assurance the vehicles will be safe for Ukiah Citizens to ride in, there is no criminal background check of the taxi drivers and there is a lack of clear channels for citizens to file complaints. He noted the City of Ukiah may still be liable to ensure citizen safety. The City Attorney noted there exists no liability for failure to regulate. Discussion ensued regarding current problems with enforcement, local control, privatization of business, and State regulation effectiveness. Councilmember Wattenburger indicated he would like to see some local control over taxi vehicle safety and driver background checks. Motion by Councilmember Wattenburger to reject this proposed Ordinance. Discussion ensued regarding the possibility of amending the proposed Ordinance to combine State and Local regulation. The City Attorney noted he would have to research this matter. Councilmember Shoemaker stated if we maintain control of taxi vehicle safety and quality of taxi driver's, then the City should apply appropriate application and re-application fees to cover City expenses. Councilmember Wattenburger reiterated his desire to maintain some local control. The motion on the floor died for a lack of a second. Motion by Wattenburger to take no action on this proposed Ordinance, direct staff to come back at the next meeting with an Ordinance which shows some control over driver's background checks, inspection of vehicles, and to include some fee structure for the Public Safety department. Mayor Schneiter noted two weeks may not be enough time for staff. Councilmember Wattenburger amended his motion to leave the time open as to when staff can return this matter of business. Councilmember Malone seconded the motion on the floor and requested information as to how this will affect the City's insurance costs, and whether the Public Utilities Commission will allow local jurisdictions some local control. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, and Shoemaker. NOES: Mayor Schneiter. PUBLIC HEARING 8a. Consideration of Amendments to Ukiah Business License Ordinance and Rate Structure. i. Introduction of Ordinance Amendinq Division 2 of the Ukiah City Code Pertaining to Business Licenses ii. Adoption of Resolution Adopting Business License Fees Pursuant to Section 2152 of the Ukiah City Code Mayor Schneiter noted it is the staff recommendation to defer this item of business to the regular Council meeting of December 16, 1992. Reg. Mtg. December 2, 1992 Page 2 370 It was the consensus of Council to continue this item of business to the meeting of December 16, 1992. 8b. Consideration of Resolution Adjustinq Policies and Rental Fees for the Todd Grove Room and Grace Hudson Meeting Room The Assistant City Manager reported the current fees for facility use at the Municipal Clubhouse and the Grace Hudson Meeting Room are currently $50 for the first four hours of use. She explained with an increase in demand for these rooms and recreation programs, in addition to the current costs of expansion and remodeling of the Municipal Clubhouse, there is a need to increase rental rates and restructure the policies and procedures. She explained the proposed rates, guidelines and rules for the Municipal Clubhouse (renamed the Todd Grove Room) and the Grace Hudson Meeting Room. Mayor Schneiter noted the rule where ashtrays are to be emptied and stated it his opinion there is a law that no smoking is allowed in any City of Ukiah facility. It was the consensus of Council to prohibit smoking in the Todd Grove and Grace Hudson Meeting Rooms, to place notice of this and include it in the guidelines. Discussion ensued regarding proof of residency procedures, quantity of requests for use of these rooms, comparable rates in community, kitchen equipment, and nonprofit percentage reduction in rates. PUBLIC HEARING OPENED - 7:19 p.m. No one came forward. PUBLIC HEARING CLOSED - 7:20 p.m. Discussion ensued regarding staff procedures used for cleanup inspections, time allowed for set up and clean up, party size and nonprofit fees. Councilmember McMichael stated the City should not be in the business of supporting other nonprofit agencies and feels these facility's use should be conducted as a business. Councilmember Shoemaker expressed concern regarding the loss of an inexpensive and versatile facility for the community's use. Motion by Councilmember McMichael to approve the rates as indicated with the exception that nonprofit and local government agencies be reduced 25 percent from the normal rate. Discussion ensued regarding how to apply odd numbered rates. Councilmember McMichael clarified his motion. M/S McMichael/Wattenburger to adopt the Resolution No. 93-36 adopting policies and rental fees for the City facilities of the Todd Grove Room and the Grace Hudson Meeting Room, with the amended Exhibits "A" and "B" containing rates for nonprofit and local government agencies to be reduced 25 percent (rounded to the nearest five dollars), and incorporate no smoking within the facilities. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, and Shoemaker. NOES: Mayor Schneiter. It was the consensus of Council to use the word "social gathering" instead of "party" within the guidelines. Reg. Mtg. December 2, 1992 Page 3 371 9b. Continued Discussion Reqarding Future Council Vacancy Upon McMichael's Resiqnation i. Provide Direction to Staff to Initiate City Council Appointment Process; or ii. Adoption of Resolution Calling March 2, 1992 Special Election, Authorizinq Consolidation Aqreement for Electior Services and Approving Candidate Statement Aqreement Mayor Schneiter stated the upcoming vacancy Council term will be approximately 15 months until the June 1994 election and with the cost of special election, he favors the appointment process in which the Council can review applicants qualifications. He noted he received no citizen input. Councilmember McMichael stated if the Council decides for a Special Election, he is prepared to tender his resignation, and indicated he has not received any strong input from citizens either way, but he personnally prefers the election process. Councilmember Malone noted he was contacted by several people who favor the Council making the appointment. He noted he favors the appointment process as the voter turnout would be low and the cost of campaigning for half a term, may be restricting to interested citizens. Councilmember Wattenburger stated he prefers the appointment process due to the costs of a special election and he had no citizen contact him who favored an election. Councilmember Shoemaker noted he personally favors the election process but the one citizen who contacted him indicated they wanted an appointment. He noted when he asked citizens for input, the response was evenly split. He commented when he looks at the cost to the candidate to campaign, he favors the appointment process. M/S Schneiter/Wattenburger the City Council determines that appointment by Council is appropriate and setup the process in order to make the appointment to fill the unexpired term of Councilmember McMichael. The motion was carried by a majority voice vote of AYE with Councilmember McMichael voting NOE. No voice vote was heard from Councilmember Shoemaker. Councilmember Shoemaker indicated to the City Clerk to record his vote as AYE. Mayor Schneiter indicated that the previous Council applicants be requested to re-apply. Discussion ensued regarding the application, process, dates, and timeframes. It was the consensus of Council to use an essay application process which will close January 5, 1993 at 5:00 p.m., then set the interview dates and times at the January 6th Council meeting, with the appointment to made at the January 20, 1993 meeting. Councilmember Shoemaker requested his vote be recorded as a NOE vote. 9c. Adoption of Resolution Appointing Parks and Recreation Commissioner The City Clerk clarified Mr. John W. Meier was the only applicant for the Parks and Recreation Commission. She explained he also applied for the youth member position on the Golf Course Committee, but was determined to be ineligible for the youth position on the Golf Course Committee, due to his age, and was notified of this by letter. Reg. Mtg. December 2, 1992 Page 4 3 72 Mayor Schneiter nominated John W. Meier to fill the vacancy of Bill England for a term which expires June 1995. The nomination was seconded by Councilmember Wattenburger and was approved with a unanimous voice vote of all AYE. M/S Wattenburger/Malone to adopt Resolution No. 93-38 appointing John W. Meier to the Parks and Recreation Commission. The motion was carried by the following roll call vote: AYES: Councilmember Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. M/S Wattenburger/Shoemaker to readvertise the one vacancy on the Parks and Recreation Commission and the youth member position on the Golf Course Committee. The motion was carried by a unanimous voice vote of all AYE. NEW BUSINESS 10a. Introduction of Ordinance Amending Division 1, Chapter 5 of the Ukiah City Code Pertaining to Civil Service The Assistant City Manager reported the original Civil Service System was enacted in April 1956, as a result of a citizen ballot initiative. She noted that since that time personnel laws and regulations changes have necessitated revisions. A 1991 ballot measure in which the Civil Service System Ordinance was removed, was approved by the voters. She reported the proposed revised and updated Ordinance has been approved by City staff and all employee units. Council reviewed specific changes with the Assistant City Manager and the City Attorney M/S Shoemaker/Malone to read the title only of the proposed Ordinance for the first reading. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title only. M/S Wattenburger/Malone to introduce the Ordinance Amending Division 1, Chapter 5, of the Ukiah City Code Pertaining to Civil Service. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 10b. Adoption of Resolution Approving Personnel Policy Procedures and Rules Governing Employee Discipline The Assistant City Manager reported the revised and updated personnel policies is a result of a combined effort by staff and the employee units that took 1 1/2 years to complete. She reviewed the sections outlining the introduction by the City Manager, the City Mission Statement, general conditions of employment, employee conduct and consequences and procedures, City policies, with MOU agreements for each of the seven employee units within the City and an addendum to the policies which consists of the Civil Service Ordinance, Grievance procedures, Policy against harassment in the workplace, Alcohol and Drug Free Workplace Policy and the Disciplinary Policy. Councilmember Wattenburger questioned the receipt and acknowledgement process, and stated that he feels this is a very necessary and useful document for employees and commended staff for excellent job. The Assistant City Manager noted a wording change in the proposed Resolution pertaining to the exhibit lettering. Motion by Councilmember Shoemaker and seconded at the same moment by Councilmembers Wattenburger and Malone to adopt Resolution 93-38, approving personnel policy procedures and rules governing employee discipline, with the correction on line 17 changing "Exhibit B" to "Exhibit E". The motion was carried by the following roll call vote: AYES: Reg. Mtg. December 2, 1992 Page 5 373 Councilmembers Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 11. CITY COUNCIL REPORTS Councilmember Malone Noted the upcoming Chamber Board meeting he will attend December 8, 1992. Councilmember McMichae] Commented he met with the County Chief Administrative Officer for his first orientation, and indicated he looks forward to continued good City relations as the Second District County Supervisor. Councilmember Wattenburger Noted the Annual Christmas Tree lighting ceremony was excellent, and commented the Friends of the Library have noted the City of Ukiah as a future funding source, even though the City stipulated the recent donation as one time only. Councilmember Shoemaker Commented how nice the downtown Christmas lights look in the trees. Mayor Schneiter Reported he will be attending the December 10 NCPA meeting, where he could be appointed Chairman, and he will be having lunch December 8 with the NCPA Director. 12. City Manager/Department Head Reports The City Manager reported there will be a Low and Moderate Housing Committee meeting tomorrow night, and reminded Council of the December 8 joint meeting with the Airport Commission. ADJOURNMENT There being no further business, the meeting was adjourned at 8:19 p.m., to December 8, 1992 at 7:00 p.m., a joint meeting with the Airport Commi Civic Center Council Chambers. CCMIN.116 C ~'M~a~ OMC~E, City Clerk Reg. Mtg. December 2, 1992 Page 6