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HomeMy WebLinkAboutMin 01-15-92218 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - JANUARY 15, 1992 The City Council convened in a regular meeting at 6:30 p.m., in the Civic Center Council Chambers, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: Wattenburger, Shoemaker, Schneiter and Mayor Henderson. Absent: Councilmember McMichael. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Public Works Director Goforth, City Engineer Beard, Planning Analyst DeKnoblough, Utility Director Barnes, Community Development Director Harris, Finance Director Vara, Executive Assistant Stamelos, City Engineer Beard, and Director of Public Safety Keplinger. INVOCATION/PLEDGE OF ALLEGIANCE The Community Development Director delivered the Invocation and Councilmember Shoemaker led the Pledge of Allegiance. 4. Proclamation Declaring February 1992 as "Spay and Neuter Month" Mayor Henderson read and presented the Proclamation to Mendocino Spay and Neuter Assistance Program Secretary Stephanie Hoppe, President Dick Winkler, Vice President Elizabeth Crosetti and Publicity Coordinator Dorothy Heise. Ms. Hoppe outlined statistics and current programs of the Snap organization and distributed educational material to the City Clerk for public display. 5. Approval/Correction of Minutes of Regular Meeting of December 18, 1991 Mayor Henderson made the following corrections to Page 3, Item 9a., 5th paragraph, first line, omit the wording "see enforcement of" and replace with the wording "retain the ability to enforce this", and in the same paragraph, third line, added the wording "if significant movement by the County is not demonstrated." after the word "1992". M/S Wattenburger/Schneiter to approve the minutes from the regular meeting of January 15, 1992, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmember McMichael. 6. Riqht to Appeal Decision Mayor Henderson reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. 7. Consent Calendar M/S Schneiter/Wattenburger to approve the Consent Calendar as follows: 7ai. Approved the Payroll Warrants, #41771 to #41950, December 8, 1991 to December 21, 1991, in the amount of $132,758.50 and the General Warrants, #53683 to #53831, in the amount of $494,336.49. 7aii. Approved the Payroll Warrants, #41951 to #42110, December 22, 1991 to January 4, 1992, in the amount of $135,366.69 and the General Warrants, #53832 to #54003, in the amount of $617,345.07. 7b. Denied the claims for damage received from Kenneth Brown, Industrial Indemnity Insurance Company, Linda Clary, Darla Sayers, and Michele Pritchard, Elaine Bastian, Erik D. Boysen, Robert R. Hansen, and referred them to the City's insurance carrier, R.E.M.I.F. 7c. Adopted Resolution No. 92-27, Adopting Qualified Contractors List for 1992 Calendar Year. 7d. Adopted Resolution No. 92-28, Waiving the 60 Day Noticing Requirement for County of Mendocino to Lease Buildings at 209 West Mill Street and 419-M Talmage Road. 7e. Authorized the City Manager to execute application to State Water Resources Control Board for underground storage tank Cleanup costs at the North Fire Station. 7f. Approved the six month extension of lease agreement with the County of Mendocino for County portion of the Golf Course and authorized the City Manager to sign the extension addendum. 7g. Adopted Resolution No. 92-29 Approving and Authorizing Participation in a Statewide Purchasing Program. 7h. Authorized the City Clerk to re-advertise the vacancy on the Airport Commission until Noon, February 12, 1992. 7i. Adopted Resolution No. 92-30 calling June 2, 1992 Municipal Election, Authorizing Consolidation Agreement for Election Services and Approving Candidate Statement Agreement. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmember McMichael. 8. Audience Comments on Non-Aqenda Items None. UNFINISHED BUSINESS 9a. Report Reqardinq County Proqress on Recycling Deadlino Compliance The Public Works Director reported on the current progress of the County to comply with City Policy Resolution No. 92-7, which sets forth conditions under which the County may continue to have access to the City's landfill. He noted that it is the opinion of City staff that the County Administrative office is giving a high priority to the conditions of City Policy Resolution No. 92-7, however there seems to be little positive policy direction from the County Board of Supervisors. He also informed Council that although this matter was on the Board of Supervisor's January 14, 1992 Agenda, there was no discussion or action regarding this subject. Discussion ensued regarding timelines, a schedule for compliance, and the concerns expressed regarding solid waste reduction matters in a letter from Kevin Wallbridge to County Solid Waste staff Dan Garvin. Councilmember Shoemaker stated that he highly recommends that the County incorporate recycling costs into existing fees and to not tack onto current rates as that will discourage recycling and the incorporation of a 10 gallon rate should be encouraged. Councilmember Schneiter commented that we have not received an official response from the County Board with regards to our September 1991, action. It was the general consensus of Council for staff to draft a letter for the Mayor's signature that expresses the point that the City recognizes the County's current problems, urging the County Board to make a decision, request the County to provide the City a schedule of compliance, urging the Board of Supervisors to provide the County staff direction and a schedule for staff action, and to notify the County that if no correspondence from the County is received by the City by February 19, 1992, the City will have no other alternative but to take firmer action. 219 Reg. Mtg. January 15, 1992 Page 2 220 NEW BUSINESS 10a. Appeal of Planninq Commission Denial of Aluminum Paneling' as a Permitted Exterior Material on Residential Buildinqs as pe~ Ukiah City Code Section 9177 The Community Development Director reported Ukiah City Code Section 9177 specifies the type of siding and roofing materials permitted on residential buildings within the City and that the Planning Commission may approve materials not listed. He reported the Planning Commission considered the aluminum siding request from Pacesetter Corporation at their meeting of December 11, 1991, and decided the material was not appropriate for residential use within Ukiah. Discussion ensued regarding the similarities and differences between vinyl siding and aluminum siding. Grant Cooper, 231 Palo Verde Terrace, Santa Cruz, Manager of Siding Division, Pacesetter Corporation, provided Council a presentation regarding his company's product line, in comparison to other siding materials that are allowed in Ukiah City Code Section 9177. Councilmember Schneiter asked Mr. Grant if this demonstration was provided to the Planning Commission at their meeting of December 11, 1991. Mr. Grant answered no. Discussion ensued regarding less maintenance and better quality of this particular product compared to other sidings currently being used. M/S Schneiter/Wattenburger to uphold the appeal of Planning Commission denial of aluminum paneling manufactured by Pacesetter Corporation, as a permitted exterior material on residential buildings as per Ukiah City Code Section 9177. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, and Mayor Henderson. NOES: None. Absent: Councilmember McMichael. 10b. Auditor's Report for Fiscal Year 1990-1991 The Finance Director reported on the Audit report provided by Davis, Hammon and Co., which includes general purpose financial statements with notes, combining financial statements for enterprise funds, single-audit and supplemental information. He stated that the auditors opinion is clean with one qualification pertaining to the effects of recording fixed asset dispositions and the resulting depreciation. He reviewed the condensed balance sheet of all fund types and account groups, a condensed statement of revenues, expenditures and changes in the fund balance for all governmental fund types and expendable trust funds, and a condensed statement of revenues, expenses and changes in retained earnings for all proprietary fund types, all ending June 30, 1991. Discussion ensued regarding attempted inventory of fixed assets and the assignment of costs process, noting that the estimated cost of this professional service is approximatly $40,000 to $50,000. Steve Herr, Partner of Davis, Hammon and Company informed Council that the City of Ukiah is doing well compared to other cities and he found the money is being spent where it is said it is spent. He noted the cash accounts are fine, and only the asset tracking problem is a concern to him. He explained the independent auditors report and the required opinion letters. M/S Shoemaker/Wattenburger to accept the Auditor's Report for the City of Ukiah from Davis, Hammon and Company, CPA's, for the year ending June 30, 1991. The motion was carried by the following roll call vote: AYES: Councilmembers Reg. Mtg. January 15, 1992 Page 3 221 Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Absent: Councilemmber McMichael. 10c. Set Date and Time for Interviews of Cultural Arts Advisory Board Public Member Applicants It was the general consensus of Council to set the date of February 5, 1992, at 5:00 p.m. in Conference Room 3, for interviews of Cultural Arts Advisory Board Public Member applicants. Recess - 8:00 p.m. Reconvene - 8:11 p.m. 10d. Authorize Mayor to Execute Letter of Support for Creek Coalition - Urban Streams Grant Application The Community Development Director reported the Ukiah Creek Coalition is proposing a series of projects for consideration in the Urban Stream Restoration Grant Program in which the emphasis of the program is on volunteer efforts but cooperative participation by the City as co-sponsor and fiscal agent is required. He noted the grant application must be submitted by January 31, which requires Council action at this time. He informed the Council that this initial grant application encompasses restoration and revegetation of Gibson Creek from Orchard Avenue to the Freeway. Councilmember Schneiter stated that the San Luis Obispo creek restoration project is an excellent example of a beautiful project and would like to see us do this. Mayor Henderson expressed concern for walking and playing within private property boundaries, and noted the neighbors should be informed. The Community Development Director noted that the grant specifies that the neighbors are to be included in the process. Councilmember Schneiter commented that Orr Creek is in need of clean up. M/S Shoemaker/Schneiter to authorize the Mayor to execute a letter of support for application of Urban Stream Restoration Grant. The motion was carried by an unanimous voice vote of all AYE. 10e. Adoption of Resolution Authorizing Dismissal of Cross Appeal in USA v. PG&E The City Manager informed Council this matter should be discussed in Closed Session, before Council takes action. CITY COUNCIL REPORTS Councilmember Wattenburqer Reported on the meetings he attended of the Fire and Emergency Services subcommittee for the Valley Wide Task Force, and the joint meeting of the Mendocino Council of Governments and Mendocino Transit Authority. Councilmember Shoemaker Expressed concerns he has regarding references to the use of native trees and shrubs on projects the Planning Commission addresses and feels the Council may need to address this in regards to the streetscape design guidelines that are already in place; questioned drainage issues referral process, the need ,for a nice Airport sign which once had a special fund established by the deceased Don King; reported on the Chamber of Commerce meeting he attended; and noted the upcoming events of a Chamber Mixer on January 17th, a Vision 2000 leadership class Reg. Mtg. January 15, 1992 Page 4 222 to be held in September; and provided a report regarding the AB 939 Task Force and the MSWMA JPA meetings he attended. Councilmember Schneiter Complimented staff for the first publication of the Community Newspaper. Reported on the meetings of the Northern California Power Agency, the Transmission Agency of Northern California, the Ukiah Valley Wide Task Force, the Local Agency Formation Commission, the Mendocino Council of Governments, and the Mendocino Transit Authority, that he has attended. Mayor Henderson Commented the Community Newspaper was excellent and complimented the Director of Public Safety and the Museum Director for their recent individual appointments to State Boards, and noted she will be attending the Redwood Empire Municipal Insurance Fund Annual meeting January 28 - 31, 1992. CITY MANAGER/DEPARTMENT HEAD REPORTS Reported on the success of the United Way fundraiser campaign, and on the County Wide Economic Development committee progress. CLOSED SESSION The City Attorney announced a motion is desired to go into a Closed Session, which is authorized under the Pending Litigation exception to the Brown Act, G.C Section 54956.9(a), regarding the litigation of USA et al v. PG&E et al, 9th Circuit Court of Appeals Case Nos. 91-16011, 91-16046, and 91-16174. M/S Schneiter/Wattenburger to go into Closed Session as recommended by the City Attorney. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Absent: None. Recess to Ukiah Redevelopment Agency - 8:43 p.m. Reconvened as the City Council - 8:56 p.m. Council entered Closed Session at 9:00 p.m. Council came out of Closed Session at 9:16 p.m. 10e. Adoption of Resolution Authorizinq Dismissal of Cross Appeal in USA v. PG&E M/S Schneiter/Wattenburger to adopt Resolution No. 92-31, Authorizing dismissal of Cross-Appeal in USA v. PG&E and related actions subject to stated conditions. The motion was carried by the following roll call vote: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmember McMichael. ADJOURNMENT Center Conference Room 3, for.~nterviews of Cultural Advisory Board public member applicants. CCMIN.85 L~ath~.:~~y, Ci~ Clerk There being no further business, the meeting was adjourned at 9:17 p.m., to February 5, 1992, at 5:00 p.m., in the Civic Arts Reg. Mtg. January 15, 1992 Page 5