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HomeMy WebLinkAboutMin 11-04-92356 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - November 4, 1992 The City Council convened in a regular meeting, whose agenda was legally noticed and posted, at 6:32 p.m., in the Council Chambers 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, Public Works Director Goforth, Electric Utility Director Barnes, Fire Marshall Sandelin, City Engineer Beard, Community Development Director Harris, Redevelopment/Economic Development Coordinator DeKnoblough, Assistant City Manager Horsley, Finance Director Burt, Accounting Supervisor Thurkow, and Acting Executive Assistant Yoast. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Schneiter delivered the Invocation and Councilmember McMichael led the Pledge of Allegiance. .Special Order of Business 4a. Certificate of Appreciation to Gary Nix Mayor Schneiter read the Certificate of Appreciation to Gary Nix, for his contributions to the Cultural Arts Advisory Board, and presented it to Community Services Director Horsley, who accepted it on behalf of Mr. Nix, who was absent due to illness. 5. INTRODUCTION OF NEW EMPLOYEES The City Manager introduced new Finance Director Louise Burt and new Accounting Supervisor Glenn Thurkow, and provided Council with some brief personal biographical history. APPROVAL/CORRECTION OF MINUTES 6a. Special Meeting of October 19, 1992 M/S Wattenburger/McMichael approved the minutes of the special meeting of October 19, 1992, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. 6b. Reqular Meetinq of October 21, 1992 M/S Wattenburger/Malone approved the minutes of the regular meeting of October 21, 1992, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. RIGHT TO APPEAL Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR M/S McMichael/Malone to approve the Consent Calendar items as follows: 8a. Approved the Payroll Warrants, #45678 to #45844, dated October 10 - 24, 1992, in the amount of $152,781.36, and the General Warrants, dated November 4, 1992, #57714 to #57867, in the amount of $365,089.46. 8b. Accepted public improvements for Marlene Estates Subdivision No. 90-22 as complete for maintenance by the City. 357 8c. Authorized letter of support and agreement to serve as local monitoring agency for the Supplemental Assistance for Facilities to Assist the Homeless (SAFAH) program. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. 9. Audience Comments on Non-Aqenda Items No one came forward. UNFINISHED BUSINESS lla. Adoption of Resolution Appointing City Representative on Library Advisory Board The City Manager reported no applications have been received for the vacancy on the Parks and Recreation Commission and two letters of interest were received for the position as City representative on the Library Advisory Board, from Ann Fatch and Nicholas Lapkass. He noted the Council may make this appointment as desired as it is not a Ukiah Commission or Board. Mayor Schneiter indicated he would offer Ann Fatch for nomination. Councilmember Wattenburger stated he would prefer Nicholas Lapkass for nomination, due to his many years of experience at the reference desk of the Library. Councilmember Malone noted Mr. Lapkass has great library experience. Henry Bates, County Librarian, stated the Library Board has expressed concern to obtain a Board member which is involved with the children, in order to bring a new prospective to this Board. He indicated Ms. Fatch volunteers at the library, although Mr. Lapkass is also very well respected. Councilmember Wattenburger noted he would be happy with either candidate, although Mr. Lapkass is his preference. Mayor Schneiter nominated Ann Fatch to serve a term as City representative to the Library Board. The nomination was seconded by Councilmember Malone. The nomination of Ann Fatch to serve as the City representative on the Library Board was approved by a majority voice vote, with only Councilmember Wattenburger stating opposition. M/S McMichael/Malone authorized the readvertisement of the vacancy on the Parks and Recreation Commission. The motion was carried by a unanimous voice vote of all AYE. llb. Consideration of Library Funding Request from Friends of the Library for Fiscal Year 1992-93 The City Manager reported on the recent funding cuts to the Mendocino County Library and efforts by the Friends of the Library, the County Librarian and Library supporters to secure additional funding. He stated the staff recommendation for Library funding assistance has been dependant on the State budget impact on the City's General Fund and future budget impacts. He reported approximately 45% of th'e Ukiah Branch Library's registered borrowers live within the City of Ukiah and the minimum budget for this branch is $104,385. He stated it is staff's recommendation that $47,000 be appropriated to the Friends of the Library from the unallocated General Fund reserve, on a one-time basis only. Reg. Mtg. November 4, 1992 Page 2 358 Henry Bates, Librarian, expressed concern for future funding for the Library as recent cuts have devastated the operations at this branch. He stated two years ago the reference desk had over 14,000 questions answered, and this year, without a reference Librarian, only 1,240 questions were answered. He noted a donation could be used to rebuild database in a donated computer system which would benefit the business community with more information. He offered to have the Friends of the Library bill for the service on a monthly basis, so the invoice reflects some accountability for project accomplishment. He indicated if they can show the City they spent the money wisely, they could come back next year and ask for more funding. Discussion ensued regarding using this proposed funding for the next eight months, and the City donation will be in addition to County funding. Mayor Schneiter stated he likes the monthly billing idea. Councilmember McMichael commented he likes the billing idea which will reflect the Library's project accomplishments. Mr. Bates stated the Ukiah Branch Library is currently open on Wednesdays 10 to 6 p.m. and Saturdays 10 to 5 p.m. Linda Bailey, President of the Friends of the Library, 105 N. Main Street, reported on the current fund raising efforts. Mack McKiven, former President of the Friends of the Library, stated the library is deteriorating rapidly and expressed his appreciation for City support. Stephanie Hoppe, 612 West Standley Street, expressed her appreciation for City support, she indicated the Library is still only open two days a week, which is not serving the citizens fully. She urged the City to support the Library more fully so as to better serve the citizens. She commented the inter-library loan system has not been considered for funding and encouraged this program be restored along with additional open hours. Councilmember McMichael stated he would also like to see more children at the Library. He noted the City does support the Ukiah Branch Library by allowing the County to use the property virtually rent free, although he supports the staff recommendation for this one-time donation due to budget constraints. Mr. Bates stated the Library will be open back to 4 days a week. Mayor Schneiter noted the Library funding has been adequate in the past, and with recent budget impacts to the City of Ukiah, this proposed donation is the largest possible commitment the City can make. M/S McMichael/Wattenburger to approve the $47,000 appropriation to the Friends of the Library with the funding to come from the unallocated General Fund reserves. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Reg. Mtg. November 4, 1992 Page 3 359 PUBLIC HEARING 10a. Appeal of Planninq Commission Conditions of Approval for Use Permit Application No. 92-64, as filed by the Savinqs Bank of Mendocino County, to locate six modular units on the southeast corner of Perkins and South State Streets, aka 107 South State Street, to accommodate office space for a period of 18 to 24 months. Said property is zoned C-l, Liqht Commercial District. Councilmember Shoemaker removed himself from the meeting at 7:08 p.m. due to a possible conflict of interest. The Community Development Director reported at the October 14, 1992 Planning Commission meeting, the Commission approved Use Permit No. 92-64, with the conditions that temporary landscaping be provided on the south and east sides of the modular units in addition to fascia surrounding the roof line of the modular units. He noted Savings Bank has appealed the conditions. He noted upon staff reconsideration of the fact that the bank will be only occupying this temporary location, these conditions are not necessary and therefore staff reverses the original recommendation, and recommends granting the appeal with the repeal of the two conditions. PUBLIC HEARING OPENED - 7:10 p.m. No one came forward. PUBLIC HEARING CLOSED - 7:11 p.m. M/S McMichael/Malone to grant the aPpeal by the Savings Bank and remove the landscaping and fascia conditions from the Use Permit approval. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger and Mayor Schneiter. NOES: None. Abstain: None. Absent: Councilmember Shoemaker. UNFINISHED BUSINESS (Cont.) llc. Consideration of Letter to League of California Cities Regarding Constitutional Convention Resolution to Restructure Government and Finance The City Manager read a draft of a proposed letter addressed to the new president of the League of California Cities, which urges a Statewide effort by Cities, Counties, Special Districts, and citizens at large , to develop a legislative agenda for a State Constitutional Convention. Discussion ensued regarding recent changes and issues regarding State of California government. It was the general consensus of Council to individually review and make comment on the draft letter before finalization and requested staff to develope a Resolution for the Council to be adopted and sent with this letter to all other Cities, and to be agendized for the next Redwood Empire Division League meeting for discussion. NEW BUSINESS 12a. Consideration of Resolution Authorizing the City Manager to Negotiate and Enter Agreement with EBA Wastechnologies for State-Mandated Studies and Ground Water Investigations at the Ukiah Landfill The Public Works Director reported as the City is currently pursuing a revision of its Solid Waste Facility permit through the Local Enforcement Agency and the California Waste integrated Management Board, in addition to the Regional Water Quality Control Board reviewing the waste discharge requirements for the site, with new State and Reg. Mtg. November 4, 1992 Page 4 360 Federal mandated regulations and programs implemented concerning landfill requirements. He outlined the six new specific required tasks which are needed. He noted EBA Wastechnologies and the sub-consultant Hallenbeck and Associates have conducted all of the landfill groundwater and geotechnical studies to date and the proposed workplan is directly related to this work, therefore it is staff's recommendation that EBA be selected for this additional work. He reported this additional cost is estimated at $109,680 with funding to come from the landfill reserve account No. 661. Discussion ensued regarding the current status of the monitoring wells at and around the landfill site, future siting for additional testing wells, past, present and future projected landfill volume figures, and possible access to the drilling sites. M/S Wattenburger/Shoemaker to adopt Resolution No. 93-31, authorizing the City Manager to negotiate and enter agreement with EBA Wastechnologies. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 12b. Adoption of Resolution Supportinq Grant Request for Preparation of Emergency Energy Shortage Contingency Plan Element for Mendocino County Emergency Operations in Conjunction with Cities The Fire Marshall reported on the request from Gregg Smith, Mendocino County Emergency Service Director, for City of Ukiah support for a grant request from the California Energy Commission for preparation of an emergency energy shortage contingency plan. Councilmember McMichael stated he is concerned about making a commitment to support this grant request before reading the grant agreement, which is not provided. It was the consensus of Council to continue this item of business until the next meeting, so they may be able to read the agreement, and perhaps Mr. Smith can attend to answer any questions. CITY COUNCIL REPORTS Council offered their verbal congratulations to Councilmember McMichael, for winning the November 3rd Mendocino County Supervisorial Second District seat' Councilmember Malone Reported on the Chamber of Commerce board meeting he attended. Councilmember McMichae] Discussed City Council Committee assignment changes due to his upcoming Council vacancy, and requested this matter be placed on the next Council agenda. Councilmember Wattenburqer Noted he is just back from vacation. Councilmember Shoemaker Reported on the Economic Summit he attended in Ft. Bragg, the presentation he made before the Board of Realtors, noted the upcoming MSWA JPA landfill alternative workshop he will be attending, reported on recent accomplishments by Keep Mendocino Beautiful, Inc., and noted with Senator Keene's resignation and a Special Election to be held to fill this vacancy in the Spring, possibly the City of Ukiah could also Reg. Mtg. November 4, 1992 Page 5 361 have a Special Election at that time to fill the upcoming Council vacancy. Mayor Schneiter noted he would like this matter be placed on the next Council agenda. Mayor Schneiter Reported on the NCPA meeting he attended. CITY MANAGER/DEPARTMENT HEAD REPORTS The City Manager reported interviews are being conducted for the Associate Planner position, explained the two employees meetings he conducted this week, noted a finance review meeting with department heads will be this Thursday, and reminded Council of the Mobile City Hall meeting at Yokayo School on November 16, 1992, at 7:00 p.m. ADJOURNMENT There being no further at 8:22 p.m. CCMIN.114 business~t~ meeting~ was adjourned Cathy MlKay CMC~E, City Clerk Reg. Mtg. November 4, 1992 Page 6