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HomeMy WebLinkAboutMin 11-18-92362 MINUTES OF THE CITY COUNCIL OF THR CITY OF UKIAH - November 18, 1992 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 Chamber of the Civic Center, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: Malone, Wattenburger, Shoemaker and Mayor Schneiter. Absent: Councilmember McMichael. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Public Safety Director Keplinger, Assistant City Manager Horsley, City Engineer Beard, Electric Utility Director Barnes, Finance Director Burt, Community Development Director Harris, Redevelopment/Economic Development Coordinator DeKnoblough, Electric Distribution Engineer Wobig, Acting Executive Assistant Yoast, Police Captain Budrow, Fire Marshall Sandelin, and Public Works Director Goforth. INVOCATION/PLEDGE OF ALLEGIANCE Councilmember Malone delivered the Invocation and Mayor Schneiter led the Pledge of Allegiance. 4a. Special Order of Business - Commendation to Leslie Weiss Mayor Schneiter read and presented the framed Commendation to Ukiah Daily Journal reporter Leslie Weiss, as this is the last Ukiah City Council meeting she is attending as she is moving to Tracy, California. 5. Approval/Correction of Minutes of Regular Meeting of November 4, 1992 M/S Wattenburger/Malone to approve the minutes of the regular Council meeting of November 4, 1992, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember McMichael. RIGHT TO APPEAL Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR The City Attorney noted Council has been provided with the amended Claim which was received from Rolland Keltner, et al., and there is a need to amend the recommended motion. Councilmember Wattenburger noted there were no bids received from local roofing contractors for the reroofing of the North Fire Station. Councilmember Malone asked for clarification of the demolition permit process, of which staff verbally provided. M/S Shoemaker/Wattenburger to approve the Consent Calendar as follows; 7a. Approved the Payroll Warrants, dated October 25 to November 7, 1992, #45845 to #46017, in the amount of $134,383.61; and the General Warrants dated November 18, 1992, #57868 to 58052, in the amount of $759,936.06. 7b. Denied both the original and the first amended claim received from Rolland Keltner, et al. 7c. Accepted the resignations of Golf Course Committee Youth Member Peter Mirata and Parks and Recreation Commissioner Koreen Hurlbut, and authorized the City Clerk to advertise these vacancies. 363 7d. Awarded the bid for engine room/apparatus Bay Exhaust Extractor System, stage 1, to Air Exchange Incorporated, to provide the material, installation, tax and freight for a four drop system, in the amount of $23,466.51. 7e. Adopted Resolution No. 93-32, Updating the City's Alcohol and Drug Free Workplace Policy. 7f. Approved the demolition permit for a porch at 960 West Perkins Street subject to the condition that the materials be salvaged. 7g. Approved the demolition permit for garage at 519 South Spring Street subject to the condition that the materials be salvaged and it be effective December 2, 1992. 7h. Adopted Resolution No. 93-33 fixing limitation on City Expenditures and appropriations limit at $14,714.169 for Fiscal Year 1991-92. 7i. Awarded the bid for reroofing the North Fire Station to Lucerne Roofing, Inc., in the amount of $11,650. 7j. Awarded the bid and approved the award of contract to All Pure Chemical for Chlorine and Sulfur Dixie's products on an as-needed basis per firm unit prices of $68, $375 and $540, for 150 lb. Chlorine gas cylinders, 1 ton chlorine, and 1 ton Sulfur Dioxide, respectively. 7k. Award of Bid for five Police radios and accessories to Williams Communications Co. in the amount of $18,025, to be paid in three equal payments of $6,421.88 per year. The motion on the floor was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember McMichael. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. UNFINISHED BUSINESS 9a. Adoption of Resolution Supporting Constitutional Convention to Restructure Government and Finance The City Manager reported on the proposed resolution which calls for a statewide constitutional convention that will establish, as well as restore, local autonomy and home rule to counties, cities, school districts and special districts. He noted the previous letter from the Mayor which was approved by Council at their last meeting, was sent to the President of the League and all member cities in the state. Councilmember Malone offered the possibility of using "self determination" instead of the word "home rule." Councilmember Shoemaker stated he likes the proposed Resolution and feels it should be mailed to the League of California Cities. He indicated that possibly another Resolution could be developed outlining more citizen orientation. Mayor Schneiter commented this Resolution could be transferred to our State Senator and State Assemblyman for this district. Discussion ensued regarding City only endorsement versus all local governmental agency participation. M/S Shoemaker/Malone to adopt Resolution No. 93-34, urging the League of California Cities and its member cities to support a statewide constitutional convention, and to send a copy of this Resolution to our State Senator and Assemblyman Reg. Mtg. November 18, 1992 Page 2 364 of our district, and all candidates for these offices. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember McMichael. 9b. Consideration of Resolution Supporting Grant Request for Preparation of Emergency Energy Shortaqe Continqenc¥ Plan Element for Mendocino County Emerqency Operations Conjunction with Cities The City Manager reported this item of business was continued from the last Council meeting, for further information which Council requested. He noted that the actual grant application is included for Council information, although Gregg Smith, County Emergency Services Coordinator, could not attend. The Public Safety Director reported on this grant proposal. Mayor Schneiter commented he hopes more will come from this grant than just salaries and administrative costs. Councilmember Malone noted he would like to see the final plan, after completion. M/S Wattenburger/Malone to adopt Resolution No. 93-35, Requesting a grant for the California Energy Commission for preparation of an emergency energy shortage contingency plan element for the Mendocino County Emergency Operational area in conjunction with the cities of Ft. Bragg, Point Arena, Ukiah and Willits. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember McMichael. NEW BUSINESS 10a. Consideration of Ordinance Repealinq Chapter 5 of Division 2 of the Ukiah Code, "Vehicles for Hire" and Adding New Sections 2500 - 2501 The City Attorney reported on the proposal to repeal the existing provisions in the Ukiah City Code which regulates "For Hire Vehicles" (Taxi Cabs), and then establishes new sections which require a certificate or permit from the Public Utilities Commission (PUC), to transport persons in a motor vehicle for compensation, and each vehicle is to be posted with a copy of the certificate or permit. He outlined the current procedures, as provided in the Ukiah Code Book. He explained the original ordinance was written in 1947 and is in need of updating or deregulation. He explained the PUC regulation and permitting process, and the advantages and disadvantages of this proposed replacement of local enforcement. The Public Safety Director reported a tremendous amount of his department's time has been spent on the issuance of Taxi Driver Permits and vehicle violations, and indicated he supports the proposed Ordinance. Discussion ensued regarding other cities having this regulation, timeframes involved in the transformation process, the proposed Ordinance which would become effective 30 days from adoption, vehicle and business permitting and penalties involved. Councilmember Wattenburger expressed concern regarding the proposed PUC process only conducting a DMV driver's records search and not a criminal background check, and that there has been problems with the current private provider. The Public Safety Director commented he has rejected 60 to 70 percent of the driver permit applications he has received Reg. Mtg. November 18, 1992 Page 3 365 from Mendocino Taxi, and has not felt comfortable in the permits he has approved. It was noted by staff there is no County Taxi Ordinance in effect and that a City of Ukiah business license would still be required to operate within the City. Saundra Peterson, 1908 Stark Lane, Paradise, offered the defense for her business regarding the citation for bald tires and no driver's permit. She stated for clarification that it was their mechanic who was on his way to have new tires put on the vehicle when he was stopped by the police. Brian Buckley, 1908 Stark Lane, Paradise, questioned if under the proposed new Ordinance, a PUC license is held by an Taxi operator in the City of Ukiah, can another taxicab which is regulated by another City, come into this City and pick up passengers from this City? Would the City of Ukiah then have no regulations for this taxicab? The City Attorney stated the proposed Ordinance would prohibit anyone from operating a charter party vehicle within the City of Ukiah without having a PUC license. Mr. Buckley noted he feels this is in conflict with the PUC code that states "The exemptions of businesses from the PUC code are taxicab transportation services licensed and regulated by a City or County, by Ordinance or Resolution." The City Attorney answered if they require a PUC permit, they would have to have this permit to operate within the City, and if they are exempt from the PUC permit for any reason, they would not need a PUC permit to operate within the City. He noted that the term "Taxicab" is not defined in the PUC code, and is generally defined in local Ordinances, and cited an example which recently occurred in Ft. Bragg. He explained if a taxicab service is being regulated by another jurisdiction, they are therefore exempt from any PUC permit requirement and they would not need one in Ukiah either. Discussion ensued regarding regulation by another jurisdiction, enforcement, business license requirement, other jurisdiction's amount of regulation, and other surrounding area jurisdiction's liability requirements. Councilmember Wattenburger stated it is his preference to add ~more stringent guidelines to the existing Ordinance to provide better regulations, or completely allow the PUC to regulate taxicabs. M/S Shoemaker/Wattenburger to read the title only for the first reading of the Ordinance. The City Clerk read the title only. M/S Wattenburger/Shoemaker to introduce the Ordinance, repealing Chapter 5 of Division 2 of the Ukiah City Code, entitled: For Hire Vehicles. The motion was carried by the following roll call vote: AYES: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember McMichael. 10b. Discussion Regarding Future Council Vacancy Councilmember Malone left the meeting at 7:24 p.m. The City Manager reported on the options available to fill the upcoming vacancy on the Council due to Councilmember McMichael's November 3, 1992 election as Mendocino County Second District Supervisor. He advised Council that appointment by the Council, or calling a special election for March 2 or for June 8, 1993 of this odd numbered non-election year, are the only options. Reg. Mtg. November 18, 1992 Page 4 366 Councilmember Malone rejoined the meeting at 7:30 p.m. The City Clerk reported the recent announcement of Senator Keene's resignation designated for December 9, 1992, would initiate the Governor calling for a special general election to fill this vacancy. She explained information received from the elections department of the Secretary of State's office, the estimated dates for this general election would fall around April 6 with its primary election then scheduled for February 9, 1993. This is due to the timeframe of 112 to 119 days in which the Governor can set the election date. She explained since the Elections Code only provides for municipal elections to be conducted in odd numbered years on the first Tuesday after the first Monday in the months of March or June, it appears the City could not consolidate with another election, as there are none scheduled for March or June at this point. The City Clerk was informed by the County Clerk that if the County elections department were to conduct the special stand alone election for the City of Ukiah, it would cost an estimated $20,000. Discussion ensued regarding dates and various scenarios, County versus City costs, expediency, upcoming major Council decisions, and the past Council appointment process. Councilmember Wattenburger indicated he preferred to save the expense of a special election and go through an appointment process. Councilmember Shoemaker indicated they preferred an election so that the citizens of Ukiah could choose their next Council representative. Mayor Schneiter indicated his support for the appointment process and his concern that a special election is costly and would result in a popularity contest without substantive discussion of the issues. Councilmember Malone indicated his support for the special election and left the meeting at 8:05 p.m. Recess - 8:06 p.m. Reconvened - 8:13 p.m. Councilmember Malone stated he feels the vacancy should be filled as soon as possible and save the City money, so he is leaning towards the appointment process. M/S Malone/Wattenburger to appoint a Councilmember to fill Councilmember McMichael's upcoming vacancy. Councilmember Shoemaker requested this decision be deferred until the next Council meeting to allow for more citizen input and allow all Council to be present for the decision. Councilmember Malone withdrew his motion on the floor and Councilmember Wattenburger withdrew the second to the motion. It was the general consensus of Council to postpone this matter to the next Council meeting on December 2, 1992, to receive further citizen input and wait until Councilmember McMichael can be in attendance, requested staff to prepare for both scenarios, and bring an estimate of costs and dates for a special election from the County Clerk. 10c. Appointment of Mendocino Council of GoVernments (MCOG) City Representative to Fill Councilmember McMichael'.~ Vacancy It was the general consensus to appoint Mayor Schneiter as the City representative on the MCOG board. Reg. Mtg. November 18, 1992 Page 5 367 11. CITY COUNCIL REPORTS Councilmember Malone Reported on the Sun House Guild meeting and the Greater Ukiah Chamber of Commerce goal setting retreat he attended. Councilmember Wattenburger Commended Police officer Dewey for his contribution to Ukiah's youth, noting the recent letter of commendation from a citizen. Councilmember Shoemaker Noted he likes the new electric department flyer regarding the new fluorescent light bulb promotion, commented he addressed the Kiwanis Club regarding solid waste issues, reported on the Mendocino Solid Waste Authority JPA meeting he attended today, and indicated he would like to develop a local contractor preference policy. The City Attorney advised this type of policy would not be legal due to interstate and federal restrictions. Mayor Schneiter Reminded Council of the November 27th, 1992 Christmas tree lighting ceremony in front of the Civic Center, reported on the Ukiah Valley Sanitation District meeting he attended, informed the Council he is now the most senior member of the NCPA Board due to the recent election events, and reminded Council of the joint meeting with the Airport Commission on December 8, 1992. ADJOURNMENT There being no further business, at 8:27 p.m. CCMIN.115 meeting ourned ~s, ~he was adj Cathy McK~ CMC/AAE/ City Clerk Reg. Mtg. November 18, 1992 Page 6