HomeMy WebLinkAboutMin 11-20-912O2
MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - November 20, 1991
The City Council convened in a regular meeting at 6:31 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. Staff present: City Clerk McKay, Electric Utility
Director Barnes, City Engineer Beard, Police Captain Williams,
Assistant City Manager Horsley, Finance Director Vara,
Community Development Director Harris, Executive Assistant
Stamelos, and Fire Marshall Sandelin.
INVOCATION/PLEDGE OF ALLEGIANCE
Mayor Henderson delivered the Invocation and Councilmember
Schneiter led the Pledge of Allegiance.
4. Proclamation Declaring November 24 - 30, 1991 as Hunger
Awareness Week
Mayor Henderson read and presented the Proclamation to Plowshares
Director Dianne Anastastio and Martin Bradley, President of the
Plowshares Board and Director of Ukiah Community Center, who
thanked the City for the support provided at budget hearings.
APPROVAL/CORRECTION OF MINUTES
5a. Regular Adjourned Meeting of November 5, 1991
M/S Schneiter/McMichael to approve the minutes of the regular
adjourned meeting of November 5, 1991, as submitted. The motion
was carried by the following roll call vote: AYES: Councilmembers
McMichael, Wattenburger, Shoemaker, Schneiter and Mayor
Henderson. NOES: None.
5b. Reqular Meeting November 6, 1991
Councilmember Wattenburger requested the following amendment to
Page 7, under Councilmember Wattenburger reports, 3rd
paragraph, 3rd line, after the word "address", add "banning of
wood shake roofing,".
Councilmember McMichael requested a correction on Page 4, Item
10c., 5th paragraph, omit the wording of "the financing
recommendation proposed by the City Manager." He noted he did not
include approval of the financing in his original motion.
Discussion ensued regarding the November 6, 1991 staff report
proposals and discussion regarding the proposed financing of the
remodeling of the Todd Grove Clubhouse.
Mayor Henderson commented that it was the general consensus of
Council that they were in agreement to go with the financing plan
recommended by the City Manager, with specific financing to be
determined at the award of contract for the construction project.
As per the tape recording of the regular Council meeting of
November 6, 1991, with approval of Councilmember McMichael, the
City Clerk corrected and inserted the following verbatim wording;
"M/S McMichael/Schneiter to approve design and project plans of
the Community Clubhouse. The motion was carried by a unanimous
voice vote of all AYE.
Councilmember McMichael stated that his motion did not include
the funding, (for the Community Clubhouse project), as he thinks
that will be worked out, but based on the City Manager's
comments, he is sure that this is the direction we will use."
M/S McMichael/Wattenburger to approve the minutes of the regular
meeting of November 6, 1991, as amended. The motion was carried
by the following roll call vote: AYES: Councilmembers McMichael,
Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES:
None.
Reg. Mtg.
November 20, 1991
Page 1
2O3
6. Right to Appeal Decision
Mayor Henderson reviewed Section 1094.6 of the California Code of
Civil Procedures regarding the appeal process.
7. Consent Calendar
Councilmember McMichael requested clarification on a warrant paid
to JPALTF.
The City Manager explained this is a progress payment for the
AB 939 Project Manager consultant services. He indicated that
the City of Ukiah operates as the fiscal agent for this
authority.
The City Manager requested Item 7d. Adoption of Ordinance
Requlatinq Domestic and Wild Animals in the City of Ukiah be
pulled from the Consent Calendar for further consideration by
Council.
It was the consensus of Council to pull Item 7d. It then became
New Business Item 9f.
M/S Schneiter/Shoemaker to approve the Consent Calendar as
follows:
7a. Approved the Payroll Warrants, #41210 to 41388, from October
27, 1991 to November 9, 1991, in the amount of $136,454.82; and
the General Warrants, #53114 to 53292, in the amount of
$2,426,470.62.
7b. Denied the claim for damage filed by the Scaturro family,
(Nicholas, Tyler, Emily, Mario and Emily Scaturro), and
referred the claim to the City's insurance carrier, R.E.M.I.F.
7c. Awarded the bid for a one-ton Aerial Bucket truck to Altec,
Industries, in the amount of $45,062.16 including tax and
delivery, and authorized the City Manager to negotiate and
execute appropriate financing which should not exceed 8% per year
for a maximum term of four years.
7e. Adopted Ordinance No. 922, Establishing Ambulance Service in
the City of Ukiah.
7f. Authorized the advertisement for Cultural Arts Advisory Board
public member vacancy.
7g. Authorized the City Clerk to re-advertise the vacancy on the
Airport Commission until January 8, 1991 at Noon, to fill the
unexpired term of Ronald Sturchio.
7h. Cancelled the regular scheduled Council meeting of January 1,
1992, due to the holiday.
The motion was carried by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and
Mayor Henderson. NOES: None.
UNFINISHED BUSINESS
9a. Authorized the City Manager to Execute Lease Aqreement -
Caterpillar Financinq Co.
The City Manager reported on the Lease Purchase agreement with
Caterpillar Financial Services for the purchase of the compactor.
He noted the total amount to be financed, including purchase
price and extended warranty, amounts to $326,423.75, which will
be financed over a six year period at a 7% interest rate for a
total amount of repayment to be $384,014.08.
M/S McMichael/Schneiter approved the authorization for the City
Manager to execute the lease agreement with the Caterpillar
Financial Services Corporation for the landfill Compactor
Tractor. The motion was carried by the following roll call vote:
Reg. Mtg.
November 20, 1991
Page 2
2O4
AYES: Councilmembers McMichael, Wattenburger,
Schneiter and Mayor Henderson. NOES: None.
Shoemaker,
9b. Consideration of MTA/MCOG Consolidation
Councilmember Schneiter, City representative to Mendocino
Council of Governments (MCOG) provided an oral report to
Council, with informal discussion regarding MCOG's original and
current purpose, responsibilities and role regarding the pros and
cons of consolidating the MTA (Mendocino Transit Authority) and
MCOG Board of Directors.
Discussion ensued regarding the composition of the Board of
Directors for MTA that is comprised of City staff members and the
Board of Directors for MCOG comprised of elected officials, and
how this consolidation issue would combine the two Boards.
Councilmember Shoemaker and the City Manager stated they prefer
that elected officials be on the policy-making Boards of these
agencies, instead of appointed officials.
Councilmember McMichael commented that the workload of
elected officials should be considered so that the level of
overburdening does not create incompetency.
Mayor Henderson commented that MCOG provides a planning role
for more than just transportation issues, and that other County's
Council of Governments play a very active role in regional
planning issues. She indicated she would not favor this
consolidation request.
Councilmember Schneiter noted that State mandated programs
for Council of Governments are increasing and he feels that in 15
to 20 years, Council of Governments roles will be much larger.
Councilmember Shoemaker suggested that this conflict issue be
resolved by not having appointed officials or agency employees on
the MTA board, that there should be public members or elected
officials only on the MTA Board.
M/S Shoemaker/McMichael that the Council does not approve of
the consolidation of MTA/MCOG Boards and that the MTA Board
look at reforming their board to contain only public members or
elected officials.
Councilmember Wattenburger stated he agrees with this
suggestion and reported this matter developed when MTA
attempted to save money and possibly eliminate another layer of
government. He reported that upon further examination by the MTA
Board of this issue, they discovered that each board will be
expanding their jurisdictions and consolidation would result in
an overwhelming workload. He feels that the need for public
transportation is increasing throughout California, including
Mendocino County, and the need to keep MTA separate has become
very clear to him.
Mayor Henderson called for the question.
The motion on the floor was carried by a unanimous voice vote of
all AYE.
The City Manager noted a letter will be sent under the Mayor's
signature, to each of the respective Boards, indicating Council's
position.
9c. Consideration of LAFCO Request for City Funding Support -
1992/93 Budget
Councilmember Schneiter, City representative on the LAFCO
Commission and current Chairman, reported on the mechanics and
funding of the Local Agency Formation Commission (LAFCO). He
requested Council to consider possible support for amending State
legislation, to reflect the concept that an Agency that
represents a number of Cities and County's, be funded in a like
Reg. Mtg.
November 20, 1991
Page 3
205
manner. He noted that the only funding for our LAFCO is from
County general funds.
The City Manager commented that Mendocino County is having to
constantly address ways of reducing funding, and could reduce the
LAFCO funding to the point that it may not be able to function.
He also noted that the City's future fiscal situation is unknown
with the current economic recession and State financial condition.
Councilmember McMichael commented that if this proposal was
in effect, there would be no assurance that the County would not
reduce their proportionate share of funding for LAFCO, as they
are considering at this time.
Councilmember Shoemaker stated that LAFCO is State mandated
to be funded by the County, and feels with the advent of SB
2557 fees coming from the cities to the County's, he cannot
approve of any more loss of City funding, due to State
intervention.
Mayor Henderson stated that this request is a form of double
taxation as City residents already pay County taxes, and
therefore cannot approve of this concept.
Councilmember Shoemaker noted that the City is already
assisting LAFCO by providing staff resources.
It was the general consensus of Council to not enter into funding
participation for LAFCO.
9d. Matter of City Referral Reqarding Dharma Realm Buddist
Traininq Academy
The Community Development Director reported on this project that
was conditionally approved by the Mendocino County Planning
Commission. He noted there have been concerns expressed regarding
sewerage and the potential minimal urban service level manifested
by on-site disposal that does not meet our standards for such
significant development. He reported on the City Planning
Commission's recommendation and noted this matter is brought to
Council for a determination of a Council position to be presented
to the County and the Buddhist Association.
The City Manager partially read and provided copies of letters
from Sanitation District Chairman Butcher, Dharma Realm's
Attorney Jared Carter, and Dr. Leroy Lowery, Ukiah Valley
Wide Task Force Chairman.
Councilmember Shoemaker questioned the County General Plan
restrictions pertaining to agriculture around this area.
The City Manager commented he was informed that the County is
restricted to four General Plan amendments per year.
Councilmember Shoemaker stated that if we are going to
recommend approval of this project, he would want the sizing of
the sewer line calculated to accommodate future hookups.
The Public Works Director reported the actual size of the line
has not been determined but could possibly be less that 24 inches.
Mayor Henderson commented we should not reduce the size of the
sewer line to only serve existing users, as she feels we should
anticipate additional area hookups and allow for the future.
Councilmember Schneiter stated that traditional engineering
criteria could be used to develop proper sizing, not limited to
just this one facility.
Councilmember Shoemaker commented the Dharma Realm Buddhist
Association could pay for the full cost of extending the sewer
line, and any new annexations hooking up to this line would pay a
percent fee or participation charge so that the Association could
receive reimbursement.
Reg. Mtg.
November 20, 1991
Page 4
206
Councilmember McMichael commented that proper planning will
solve future environmental problems for the valley and we need to
move towards an agreement.
M/S McMichael/Wattenburger to send a letter to appropriate
Agencies and the County to indicated that the City approves the
University project with sewer line extension, and to request the
County to amend the Use Permit reflecting the City's
recommendations including annexation by the Dharma Realm
Buddist Association to the Sanitation District.
Discussion ensued regarding who would be the lead agency and
oversight responsibilities for the sewer extension.
Councilmember Shoemaker requested additional wording to the
motion to include the sentence "That this sewer line be designed
in accordance with general plan population guidelines at the time
of development."
Councilmember McMichael stated he is unwilling to add this
wording to his motion on the floor.
Mayor Henderson called for the question.
The motion on the floor was carried by the following roll call
vote: AYES: Councilmember McMichael, Wattenburger,
Shoemaker, Schneiter and Mayor Henderson. NOES: None.
Recess - 8:47 p.m.
Reconvene - 8:51 p.m.
9e. Application for Permit to Operate Taxi Service
The Finance Director reported on the application submitted by
Brian Buckley, owner of Mendocino Taxi Company and provisions
in the Ukiah City Code pertaining to motor vehicles for hire.
The City Attorney reported on the insurance criteria requirements
and advised that the applicants Certificate of Insurance is a
valid 30 day binder.
Brian Buckley, 2180 S. State Street #5, stated that other
cities do not require taxi services to provide one million dollar
liability insurance and feels this is an unreasonable request.
Mr. Buckley and the City Manager entered into discussion
regarding why public agencies require high insurance limits, and
Mr. Buckley's original contacts for inquiry.
Mr. Buckley stated he still desires the permit to operate but
objects to the requirements of the insurance and wishes to
discuss reduction at a later time.
Councilmember Wattenburger stated that Mr. Buckley could
request local bar owners who have indicated their support for his
service, to offer financial support by means of a subscription
service or a subsidy program. He noted, as the City
representative on the MTA Board, he has extensively lobbied for
late night taxi service, to no avail, as it is cost prohibitive.
He wished Mr. Buckley much success for this needed service.
Councilmember Shoemaker suggested that Mr. Buckley look for
financial support from the local bars and possible MCOG funding
and referred him to Mary Spangler, Director of MCOG.
Councilmember Schneiter encouraged Mr. Buckley to also
secure the necessary paperwork with the County to provide service
outside the City of Ukiah.
Mr. Buckley stated the County informed him that he may operate
within the County if he secures a City Permit.
Discussion ensued regarding the proposed rate schedule.
Reg. Mtg.
November 20, 1991
Page 5
2O7
Councilmember Schneiter informed Mr. Buckley that the City
of Willits is also a member of R.E.M.I.F.
Jay Ely, 129 Clara Avenue, stated that the City of Ukiah has
needed a late night taxi service for a long time, and the
insurance costs are prohibitive for a new business, and hopes the
City will consider lowering their insurance requirements.
Sandra Peterson, partner in Mendocino Taxi, noted the past taxi
service could not operate due to the cost of insurance, and if a
taxi service had been operating, Rosie Grover would probably be
alive today.
Councilmember McMichael stated that although he understands
the concerns of a young person starting a new business, and noted
if we did lower the insurance requirement, we could not remain in
our insurance consortium, and therefore we need to take a larger
viewpoint to protect the City.
M/S McMichael/Schneiter to approve the issuance of the permit
to operate with the understanding that Mendocino Taxi Company
is to meet the conditions in the staff report and will include;
1) No permit shall be issued for any specific vehicle until proof
of liability insurance and automobile coverage for each vehicle,
satisfactory to the City Attorney and City Clerk, has been
submitted; 2) Successfully getting approval for each driver by
obtaining a Driver Permit from the Police Department. The motion
was carried the following roll call vote: AYES: Councilmembers
McMichael, Wattenburger, Shoemaker, Schneiter and Mayor
Henderson. NOES: None.
Mayor Henderson wished Mr. Buckley well in his endeavors, and
commented that the issue of the high cost of insurance is just a
cost of doing business in a very litigious society. She noted the
City of Ukiah and it's insurance carrier, R.E.M.I.F., has seen
lawsuits in hundreds of thousands of dollars, and therefore, in
order to protect Ukiah citizens the high limits are necessary.
9f. Adoption of Ordinance Regulatinq Domestic and Wild Animals
in the City of Ukiah
The City Manager reported this item was pulled from the consent
calendar in order to address amended wording, as a result of
County discussions addressing the transitioning of the issuance
of dog licenses. He noted the County has agreed to issue the dog
licenses for the next year as this process has already begun and
would allow the City more time to develop this service.
The City Attorney advised this previously introduced Ordinance
may be amended at this meeting with the final adoption at the
meeting of December 4, 1991.
He reported the amended wording is to Section 3, page 22, which
adds provisions that the sections of the Ordinance which relate
to dog licensing, kennel licensing, and dangerous animal
licensing, will not go into effect immediately, and will only go
into effect when the Council adopts a Resolution declaring that
they are effective. He noted in the meantime, the County
Ordinance will continue in effect.
M/S Schneiter/Wattenburger to amend the previously introduced
Ordinance Regulating Domestic and Wild animals in the City of
Ukiah as outlined by the City Attorney. The motion was carried
by the following roll call vote: AYES: Councilmembers
McMichael, Wattenburger, Shoemaker, Schneiter and Mayor
Henderson. NOES: None.
COUNCIL REPORTS
Councilmember McMichael
Reported on the Sun House Guild meeting he attended in which the
new fund raising effort for the construction of the new wing will
be coordinated by Nick Schutz.
Reg. Mtg.
November 20, 1991
Page 6
2O8
Councilemmber Wattenburger
None.
Councilmember Shoemaker
Reported on the Mendocino Solid Waste Agency JPA meetings he
attended in which they are considering consultants for siting a
regional landfill.
Councilmember Schneiter
Reported he attended the New Goodwill Store ribbon cutting
ceremony, the Ukiah Valley wide Task Force meeting he attended
with Councilmember Shoemaker and a TANC meeting in Sacramento
today.
Mayor Henderson
None.
City Manager/Department Head Reports
None.
Closed Session
The City Attorney announced that Council needs to meet in Closed
Session regarding a personnel item and to instruct the City
Manager in real estate negotiations with Mendocino Community
Development Corporation regarding Observatory property and
advised no motion is required.
Recess to Redevelopment Agency - 8:44 p.m.
Reconvened - 9:25 p.m.
Council went into Closed Session at 9:29 p.m.
Council came out of Closed Session at 10:01 p.m.
The City Attorney noted no action was taken.
ADJOURNMENT
There being no further
10:01 p.m.
CCMIN.82
business,~/,~/~ meeting was adjourned
C~a~h~ ! Clerk
at
Reg. Mtg.
November 20, 1991
Page 7