HomeMy WebLinkAboutMin 07-15-92294
MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - July 15, 1992
Th~ regular Council meetiqg of July 1, 1992 was not held due
to lack of a quorum.
The City Council convened in a regular meeting at 6:32 p.m.,
in the Civic Center Council Chambers, 300 Seminary Avenue.
Roll was taken and the following Councilmembers were
present: Councilmember McMichael, Wattenburger, Shoemaker,
and Mayor Schneiter. Staff present: City Clerk McKay, City
Manager Rough, Public Works Director Goforth, City Engineer
Beard, Electric Utility Director Barnes, Public Safety
Director Keplinger, Assistant City Manager Horsley,
Community Development Director Harris, Fire Operations
Commander Chryzanowski, and Redevlopment/Economic
Development Coordinator DeKnoblough.
INVOCATION/PLEDGE OF ALLRGIANCR
The Community Development Director delivered the Invocation
and Councilmember Shoemaker led the Pledge of Allegiance.
4."Special Order of Busines~
Marilyn Ogle, Leadership Mendocino Coordinator, provided
CoUncil with a ~resentation regarding a Leadership training
program which is sponsored by PG&E for a group of 25
Mendocino County citizens, starting this September and
ending June 1993.
5. Introduction of New Employee - Reed Carpenter, Golf and
Parks Superintendent
The Assistant City Manager introduced Reed Carpenter, our
new Parks and Golf Superintendent, to the City Council and
provided a brief biography.
APPROVAL/CORRECTION OF MINUTES
6a. Regular Meetinq of June 17, 1992
M/S McMichael/Shoemaker to approve the minutes of the
regular meeting of June 17, 1992, as submitted. The motion
was carried by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor
Schneiter; NOES: None; Absent: None.
6b. Reqular Adjourned Meeting of June 22-23, 1992
·
M/S McMichael/Shoemaker .to approve the minutes of the
regular adjourned meeting of June 22 - 23, 1992, as
submitted. The motion was carried by the following roll call
vote: AYES: Councilmembers McMichael, Wattenburger,
Shoemaker, and Mayor Schneiter. NOES: None. Absent: 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 Shoemaker/McMichael to approve the Consent Calendar as
follows;
8ai. Approved the Payroll Warrants, #43939 to #44128, dated
from June 7 - 20, 1992, in the amount of $136,040.26; and
the General Warrants, #56103 to #56288, dated July 1, 1992,
in, the amount of $693,357.49.
8aii. Approved the Payroll Warrants, #44129 to #44345, dated
from June 21, 1992 to July 4, 1992, in the amount of
$1~7,824.02, and the General Warrants, dated July 15, 1992,
in the amount of $752,614.79.
295
Bb. Denied the claims for damage received from Mrs. H.S.
Franks and Ukiah Valley Medical Center, and referred them to
the City's insurance carrier, R.E.M.I.F.
8c. Received and filed the official June 2, 1992 election
ballot results as follows;
STATE#ENT OF ALL VOTES CAST
PRESIDENTIAL PRI#ARY ELECTION
NENOOCINO'COUNTY":'JUNE'-Z;*'i99Z
iE£~1'-ZJ----CLER~ TREA$
.................. F_..$ J u. R S__ C R R R
R C I--A ~ H --~--'C 0'-~
E H N T C 0 T B N
D N
T H E H K E
G E A #' 'f-- A- R~C'
I N' R A Y .T H
T B O K A
E U E V K
R R R .
E
TOTAL
BALLOTS R
CAST
ZZO 1~3 128 100
3ZT ZIZ 183
460 319 2&S
488 34~ 311
458 ............ 30~ ............ ZT3 .......... 241
413 296 250 250
4ZZ 306 Z?6 255
4~7 ZTZ 243~227
395 248 224 184
501 2~8 282 256
................
143 136
235 20Z
ZBZ----ZTZ
330 300.
367 338
321 295'
293 273
308 289
302' 26?'
257 Z3S
316 293
4,490 3,005 Z,674 29379 3tZ54 2,900
3,989 2,707 2,39Z ' 2,123 2,838 2,607
~3~989 '2~707-- Z;39Z-'---2;123 2;838 Z~60T
3f989 ZeTOT 2,392 ZelZ3 Z~83! 2,60T
·
Sd. Awarded the bid to Ukiah Daily Journal for Legal
Publishing services for I992-93 fiscal year, .in the amount
of $3.70 per column inch for the first publication and $2.35
per column inch each additional publication.
Se. Awarded the bid for a new street sweeper to G.C.S.,
Inc., of West Sacramento, California, in the amount of
$89,292.45, including tax and allowance for trade-in.
Bf. Approved the annual renewal of the Mendocino Transit
Authority Joint Powers Agency Agreement.
8g. Approved the date of September 13, 1992 for the annual
employee/retiree appreciation barbecue picnic at Todd Grove
Park.
8h. Cancelled the regular Council meeting of August 19, 1992.
8i. Approved the purchase of a used 1986 type III ambulance
from Wheeled Coach Ambulances for $12,800.
The motion was carried by the following roll call vote;
AYES: Councilmembers McMichael, Wattenburger, Shoemaker, and
Mayor Schneiter. NOES: None. Absent: None.
·
9. Audience Comments on Non-Agenda Items
No one came forward.
PETITIONS AND COMMUNICATIONS
lla. Communication Received from International Institute of
Municipal Clerks
Mayor Schneiter requested the City Clerk to report on this
notification received by the Mayor.
The City Clerk reported her entry into the prestigious
Advanced Academy of Education for Municipal Clerks is only
currently held by 28 active California City Clerks, out of
Reg. Mtg.
July 15, 1992
Page 2
296
over 400 California City Clerks. She indicated this entry
and sustaining membership in this capacity is a result of
her commitment ~to continued education and training in the
City Clerk profession, in order to benefit the City of Ukiah.
UNFINISHED BUSINESS
12a. Discussion of Council Applicants and Selection of
Co~lncil Appointee
Mayor Schneiter explained that as there is no established
procedure for Council appointment, names submitted for
nomination will be made by each Councilmember, in the order
of Council seniority standing and are to be seconded before
a roll call vote is called. A majority vote of three ayes
will carry the nomination.
Mayor Schneiter nominated Stephanie Hoppe. Councilmember
Shoemaker seconded the nomination. The nomination failed by
the following roll call vote: AYES: Councilmembers Shoemaker
and Mayor Schneiter. NOES: Councilmembers McMichael and
Wattenburger.
Councilmember Shoemaker nominated John McCowen.
Councilmember Wattenburger seconded the nomination. The
nominated failed with the following roll call vote; AYES:
Councilmember Shoemaker and Mayor Schneiter. NOES:
Councilmembers McMichael and Wattenburger.
Councilmember Wattenburger nominated Sheridan Malone.
Councilmember McMichael seconded the nomination. The
nomination was confirmed by the following roll call vote:
AYES: Councilmembers McMichael, Wattenburger and Mayor
Schneiter. NOES: Councilmember Shoemaker.
12~i. Adoption of Resolution Makinq Council Appointment to
Fill the Unexpired term of. Fred Schneiter to June 1994
M/S Shoemaker/Wattenburger to adopt Resolution No. 93-2,
appointing Sheridan Malone to fill the unexpired Council
term of office of Fred Schneiter, to June 1994. The motion
was carried by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker and Mayor
Schneiter. NOES: None.
Mayor Schneiter noted that Sheridan Malone will be sworn in
at the regular Council meeting of August 5, 1992.
12aii. Selection and Appointment of Vice-Mayor
Motion by Mayor Schneiter to appoint Councilmember Shoemaker
Vice-Mayor.
Councilmember McMichael requested Mayor Schneiter to remove
the motion on the floor for the courtesy of allowing him to
ma.ke the nomination.
Mayor Schneiter agreed to remove his motion.
Mo~ion by Councilmember McMichael to appoint Councilmember
Shoemaker as Vice-Mayor. 'The motion was seconded by Mayor
Schneiter. The motion carried by the following roll call
vote: AYES: Councilmembers McMichael, Wattenburger,
Shoemaker and Mayor Schneiter. NOES: None.
12b. Nomination and Appointment of 3 Planninq Commissioner~
Mayor Schneiter nominated William Randolph. The nomination
was seconded by Councilmember Shoemaker. The nomination was
confirmed by the following roll call vote: AYES:
Councilmembers McMichael, Shoemaker and Mayor Schneiter.
NOES: Councilmember Wattenburger.
Mayor Schneiter nominated Robert Reid. The nomination was
seconded by Councilmember Shoemaker. The nomination was
Reg. Mtg.
July 15, 1992
Page 3
297
confirmed by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor
Henderson. NOES: None.
Mayor Schneiter nominated Estok Menton. The nomination was
seconded by Councilmember Shoemaker. The nomination was
confirmed by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, and Mayor
Schneiter. NOES: None.
12bi. Adoption of Resolution Authorizing Appointment to the
Planning Commission
·
M/S Shoemaker/Wattenburger to adopt Resolution No. 93-5,
Appointing William Randolph, Robert Reid and Estok Menton to
the Planning Commission. The motion was carried by the
following roll call vote: AYES: Councilmembers McMichael,
Wattenburger, Shoemaker and Mayor Schneiter. NOES: None.
12c. Adoption of Resolution to Vacate Alley
The Community Development Director reported that this
proposed Resolution is the initial action necessary to
proceed with abandonment of the alley between Mason and
Hamilton, south of Clara Avenue, as requested by Charles
Pittman, Ukiah Foods, Inc. He noted this Resolution
established the date and time for a Public Hearing regarding
this matter, as per Section 8320 et. seq. of the State of
California Streets and Highways Code.
M/S McMichael/Wattenburger to adopt Resolution No. 92-3,
declaring the intent to vacate alley south of Clara Avenue,
between Mason and Hamilton. The motion was carried by the
following roll call vote: AYES: Councilmembers McMichael,
Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None.
PUfLIC HEARING
·
10a. Consideration of Ordinance Amending Certain Height
Limits on Structures within Prescribed Distances of thc
Ukiah Municipal Airport
The City Engineer reported this proposed Ordinance will
amend Section 3290 of the Ukiah City Code and establish
height restrictions for structures in accordance with Title
14 of the Code of Federal Regulations, Section 77.23 as it
now reads or any amendment hereafter. He reported that this
code section delineates maximum allowable heights at
specific distances from the boundary of the Airport which
does not coincide with existing federal aviation
regulations. He noted the Airport Commission has reviewed
and recommends adoption of the proposed Ordinance.
Discussion ensued regarding heights of existing trees and
buildings.
The City Attorney noted that federal height limits are more
liberal than the current City Code.
Councilmember Shoemaker indicated he wants to make sure that
our power pole heights in ~he affected area, comply.
Public Hearing Opened - 7:09 p.m.
No one came forward.
Public Hearing Closed - 7:10 p.m.
M/S McMichael/Wattenburger to read the title only for the
first reading of the proposed Ordinance. The motion was
carried by a unanimous voice vote of all AYE.
The City Clerk read the title of the proposed Ordinance.
Reg. Mtg.
July 15, 1992
Page 4
298
M/S Shoemaker/Wattenburger to introduce the Ordinance
amending Section 3290 of the Ukiah City Code which imposes
certain height limits on structures within prescribed
distances of the municipal airport and requiring instead
compliance with height limits established by the Federal
Aviation Administration and the California Department of
Transportation. The motion was carried by the following roll
call vote: AYES: Councilmembers McMichael, Wattenburger,
Shoemaker and Mayor Schneiter. NOES: None.
10~. Proposed Amendment to Lease-Purchase of a Project by
the Greater Ukiah Senior Center for a 12,000 Sq. Ft. Modular
Buildinq
·
The City Attorney reported a previous lease purchase
agreement was approved by Council on February 19, 1992 for
$459,000. Subsequently, the Senior Center has determined it
needs $540,600 instead, in order to consolidate social and
other senior services in this additional 12,000 square foot
modular building. He noted these new documents only reflect
changes to the amount of the lease, and all other provisions
of the agreements and related documents are identical to the
provisions previously approved by Council.
The City Attorney provided Council with Exhibit F which is
the approving resolution for this lease agreement.
Public Hearing Open - 7:15 p.m.
Robert Axt, 4925 East Side Calpella Road, expressed his
appreciation for all of the support from City staff for the
Senior Center.
No~'others came forward.
Public Hearing Closed - 7:17 p.m.
·
M/S M~Michael/Wattenburger to adopt Resolution No. 93-1,
approving the Lease-Purchase agreement, Sublease agreement,
and Escrow agreement to finance the acquisition of a
building for the Greater Ukiah Senior Center, Inc. The
motion was carried by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker and Mayor
Schneiter. NOES: None.
Recess - 7:20 p.m.
NEW BUSINESS
Reconvened - 7:30 p.m.
13a. Proposed Investment Policy Revision
The City Treasurer and the City Manager proposed additions
and modifications to the City's Investment Policy last
approved December 5, 1990, which will allow the City
Treasurer greater latitude to pursue longer term investments
with higher yields. They noted these changes include
increasing from 3 years to 5 years the maximum maturities
for corporate bonds, which will bring this policy into
compliance with State regulations. In addition, this policy
will allow investment into mutual funds and U.S. Government
Securities.
·
Discussion ensued regarding corporate bonds, economic
trends, amounts invested in long term investments,
liquidity, reserve funds, short and long term savings and
bond interest rates, and preferred bond ratings.
M/S Wattenburger/McMichael to adopt the revised City of
Ukiah Investment Policy as proposed. The motion was carried
by the following roll call vote: AYES: Councilmembers
McMichael, Wattenburger, Shoemaker and Mayor Schneiter.
NOES: None.
Reg. Mtg.
July 15, 1992
Page 5
13b. Advisory Position to Growth Manaqement Steering
Committee Reqarding Annexations and Sphere of Influenco
The City Manager advised that as annexations and Sphere of
Influence are to be two significant issues addressed in the
City's General Plan Revision/Growth Management Program,
direction from Council to the Growth Management Steering
Committee is needed at this time sa they begin drafting the
individual elements of a proposed Draft General Plan.
The Community Services Director outlined the current Sphere
of Influence boundaries, past discussions with the County
regarding annexations and current public input at a recent
public forum.
The City Manager informed Council that in his opinion the
City of Ukiah should be concerned with providing the highest
level of service to our current population and only address
requested annexations on an individual basis. He also stated
that developments outside the City limits, that will impact
th~ City, should continue to be referred by the County, to
the City, for City input.
·
Mayor Schneiter stated that the LAFCO Commissioners have
expressed concern that the City of Ukiah's Sphere of
Influence may be too large. He indicated he feels that a
more compact Sphere of Influence would be a more logical way
to deal with annexations.
Councilmember McMichael commented that any major development
in this valley, wherever it will be, will have a major
impact on this City.
Councilmember Shoemaker stated that a Sphere of Influence
serves to define a planning area of a City and identify an
area in which development, in any form, may impact the City.
He indicated that sewer hookups in Calpella do impact the
City, regardless of LAFCO sentiments. He feels the current
large Sphere of Influence is appropriate, as the outside
population shops in Ukiah, use the parks, use the courthouse
and therefore impacts the City of Ukiah, and does not feel
we~'can rationally draw a line on the east and west sides.
Mayor Schneiter indicated that the current Sphere of
Influence, which is a rectangle with sharp boundaries, is
not considered credible iN LAFCO, and indicated he feels our
current Sphere of influence is too large.
Councilmember McMichael indicated the City should be allowed
to have input regarding a major change or major development
in the area.
Sheridan Malone, 305 Hillcrest, stated that the Growth
Management Steering Committee is at the point where they
need to know where the City considers it's Sphere of
Influence.
Mayor Schneiter commented that other agencies in the valley
have overlapping spheres of influence.
Councilmember McMichael expressed that impact on the City
from urban development is his primary concern.
Councilmember Wattenburger stated that he felt the sphere of
influence in 1974 was too large, and still feels that the
sphere should be reduced at the north end and possibly
realigned near York Estates.
Co~ncilmember McMichael stated he is willing to look at the
reduction of the north boundary.
Mayor Schneiter commented he does not have an answer as to
where to draw the boundaries, but feels the current sphere
is too large.
299
Reg. Mtg.
July 15, 1992
Page 6
3OO
Councilmember Shoemaker s~ated that drawing new boundaries
will be difficult, and feels the City is fortunate to have
this large sphere. He noted that the Ukiah Valley Wide Task
Force was in favor of expanding service areas
Councilmember McMichael stated he feels we should not be
expanding at this point in time, but is open to input. He
indicated that there is a difference between cooperation and
influence, in regards to other agencies.
Mayor Schneiter stated he agrees with the proposed
annexation statement.
The City Manager noted Council's comments will be forwarded
to the Steering Committee.
13c. Consideration of Council Position Reqardinq County
Solid Waste Container Site Closures
The Public Works Director reported on the recent action
taken by the County Board of Supervisors to close refuse
container sites at Potter Valley , Boonville , Covelo and
Albion. He reported on the potential for added illegal
dumping, environmental impacts, and increased traffic burden
on the Ukiah Municipal Landfill site due to self hauling at
a time when the City of Ukiah is attempting to reduce
traffic going to the landfill site.
Discussion ensued regarding Council's concern regarding the
County Solid Waste Management Plan conflict, environmental
impacts, increase in illegal dumping and user fees.
M/S Wattenburger/McMichael to authorize the Mayor to send a
letter to the County Board of Supervisors opposing any
proposals that include closure of these incorporated area
container sites until appropriate planning steps are taken
that include viable disposal alternatives for affected
citizens and due consideration is given to the impact to the
City of Ukiah's landfill operations. This letter will also
include the recommendation that the County solicit input and
direction from the Mendocino Solid Waste Management
Authority prior to any final decision on this matter. The
motion was carried by a unanimous voice vote of all AYE.
Councilmember Shoemaker stated that this action by the
County is a step backwards, and although he does not know
what the answer may be, t~ere are other alternatives such as
mandatory garbage pick up throughout the County.
The City Manager noted that before Council action on items
13d. Adoption of Resolution Approving Memorandum of
Understandinq for Department Heads and Police Units and
13e. Authorization from City Attorney to Take Legal Steps
Necessary to Maintain Ambulance Service, there is a need to
go into Closed Session first.
CITY COUNCIL REPORTS
Councilmember McMichael
Reported on the Sun House Guild meeting he attended.
Councilmember Wattenburger
Reported on the Mendocino Transit Authority meeting he
attended.
Councilmember Shoemaker
Re~orted on the Mendocino Solid Waste Authority and Greater
Ukiah Chamber of Commerce meetings he attended and thanked
staff for the prompt service to a citizen's request.
Mayor Schneiter
Reg. Mtg.
July 15, 1992
Page 7
Reported on the MCOG meeting he attended, and noted upcoming
League meeting in Monterey, Summer Concert Series in the
Park and the upcoming Chautauqua events July 28 through
August 1, 1992. He noted he will be attending a NCPA meeting
with the Electric Utility Director July 22 through 24.
CITY MANAGER/DEPARTMENT HEAD REPORTS
The City Manager noted the Annual October League of
California Cities dates, the upcoming Economic Summit and
the Chamber Mixer.
Recess to Redevelopment - 8:37 p.m.
Reconvened - 8:40 p.m.
M/S McMichael/Wattenburger to go into Closed Session for the
purpose of discussing Negotiations and Pending/Threatened
Litigation. The motion was carried by the unanimous voice
vote of all AYE.
Council entered Closed Session at 8:45 p.m.
Council came out of Closed. Session at 9:27 p.m.
13d. Adoption of Resolution Approving Memorandum of
Understandinq for Department Heads and Police Units
The Mayor noted that Council action at this time will only
be on the Department Head M.O.U.
M/S Shoemaker/McMichael to adopt Resolution No. 92-4,
Adopting Memorandum of Understanding Between the City of
Ukiah and the Department Head Unit. The motion was carried
by the following roll call vote: AYES: Councilmembers
McMichael, Wattenburger, Shoemaker and Mayor Schneiter.
NOES: None.
13e. Authorization for City Attorney to Take Leqal Steps
Necessary to Maintain Ambulance Service
M/S Wattenburger/McMichael to authorize the City Attorney to
take all legal steps necessary to protect City operated
ambulance service, including the filing of legal action for
declaratory and injunctive relief. The motion was carried by
the following roll call vote: AYES: Councilmembers
Mc~ichael, Wattenburger, Shoemaker and Mayor Schneiter.
NOES: None. ·
ADJOURNMENT
There being no further
at 9:29 p.m.
CCMIN.103
business, the meeting
was adjourned
City Clerk
301
Reg. Mtg.
July 15, 1992
Page 8