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HomeMy WebLinkAboutMin 12-04-912O9 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - December 4, 199~ 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; McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. Absent: None. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Community Development Director Harris, Executive Assistant Stamelos, and Public Works Director Goforth. INVOCATION/PLEDGE OF ALT,F. GIANCF. The City Clerk delivered the Invocation and Councilmember McMichael led the Pledge of Allegiance. 4. Approval/Correction of Minutes of Reqular Meetinq of November 20, 1991 Mayor Henderson made the following corrections to Page 5, second paragraph, last line, add the wording of "by the Dharma Realm Buddhist Association to the Sanitation District.", after the word "annexation"; Page 6, last paragraph, last line, change "Schultz" to "Schutz". M/S Schneiter/McMichael to approve the minutes of the regular meeting of November 20, 1991, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 5. Riqht to Appeal Decision Mayor Henderson reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. 6. CONSENT CALENDAR M/S Wattenburger/McMichael to approve the Consent Calendar as follows: 6a. Approved the Payroll Warrants, #41389 to 41563, dated November 10, 1991 to November 23, 1991, in the amount of $156,814.03 and the General Warrants, #53293 to 53482, in the amount of $416,945.13. 6b. Adopted Ordinance No. 923, Adopting Sections 4150-4193 of the Ukiah City Code Regulating Animals within the City Limits. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 7. Comments from the Audience None. NEW BUSINESS 8a. Consideration of Request by Ukiah Players to Waive Site Development Permit Application Fee The Community Development Director reported that the Ukiah Players Theatre have requested a waiver of the $150 Site Development Permit application fee. He noted that the lease for this site contains a clause that the buildings will revert to the City when the contract is terminated. He reported that staff is pursuing a means of cost recuperation through in-kind facilities use with the Players, for the City's Recreation Program. Mayor Henderson expressed concern for precedent setting regarding requests for waivers. 210 Councilmember McMichael requested consideration of a possible use of wording in the motion that would indicate the offsetting of this particular fee with an in kind trade in facilities use for City programs. Councilmembers Schneiter and Wattenburger noted this property is owned by the City of Ukiah, and that the City should consider such requests on their own individual merit. M/S Schneiter/Shoemaker to waive the site development permit application fee for the Ukiah Players Theatre. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 8b. Consideration of Proposed Amendment to the Mendocino Solid Waste Manaqement Authority Joint Powers Aqreement The City Manager reported that in recent months the Mendocino Solid Waste Management Authority Board has seriously discussed its future role and responsibilities. He noted the Board agreed that it needs to allow for a broader role, although not immediately assuming that role. The Board has proposed an amendment to the original JPA agreement that is being circulated to the member agencies for their review and consideration. He explained the proposed amendment expands the definition of Section 1.a. of the original agreement, and detailed the seven areas of expanded responsibility. Discussion ensued regarding future possible roles, funding progress, current expenses and Ukiah's share of costs to date. M/S Shoemaker/Schneiter to approve the amendment to the Mendocino Solid Waste Joint Powers Agreement. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 9. City Council Reports Councilmember McMichael Noted the new City Speaker's Bureau brochure is excellent and thanked staff for their efforts, and noted the Sun House Guild needs volunteers to help with next Sunday's Victorian House Tour fundraiser. Councilmember Wattenburger Stated that the recent Yaeger and Kirk fire demonstrates that our City fire department can handle major fires very effectively against overwhelming odds, and thanked our courageous firefighters for their outstanding efforts. He further noted that the Yaeger and Kirk store was open for business in two days and they are very grateful. Councilmember Shoemaker Questioned Street trees location within sidewalks as per our Street Tree Ordinance, referring to a site development application on Mazzoni Street. He reported on the recent MSWMA JPA meeting he attended in which they reviewed consultant applications, and inquired as to the status of request from the Ford Street Project. The Community Development Director responded the tree plantings on the Mazzoni development will be researched and that staff and the Planning Commission are reviewing the Ford Street request. Councilmember Schneiter Noted there was no LAFCO or MCOG meeting this month; reported he will be attending the NCPA meeting on December 12, and a Reg. Mtg. December 4, 1991 Page 2 211 TANC meeting on December 18; and reminded Council of the City of Ukiah Employees Christmas Awards Dinner on December 14, 1991. Mayor Henderson None. CLOSED SESSION The City Attorney recommended that Council pass a motion to go into closed session under the Pending Litigation exception of the Brown Act, Government Code Section 54956.9, to consider potential litigation. M/S Schneiter/Wattenburger to go into Closed Session as per the City Attorney's recommendation. The motion was carried by a unanimous voice vote of all AYE. Council went into Closed Session at 7:00 p.m. Council came out of Closed Session at 9:08 p.m. There was no action taken by Council. ADJOURNMENT There being no further 9:09 p.m. CCMIN.83 business, the/meeting was ~djourned at Reg. Mtg. December 4, 1991 Page 3