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MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - January 16, 1991
The City Council convened in a regular meeting at 6:30 p.m., in
the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah,
California. The following Councilmembers were present:
McMichael, Wattenburger, Shoemaker, Schneiter and Mayor
Henderson. Staff present: City Clerk McKay, City Manager Rough,
City Attorney Rapport, Public Safety Director Keplinger, City
Engineer Beard, Community Development Director Harris, Public
Works Director Goforth, Assistant City Manager Horsley, Electric
Utilities Director Roper, Executive Assistant Stamelos, Acting
Community Services Director Heise, and Finance Director Vara.
INVOCATION/PLEDGE OF ALLEGIANCE
Councilmember McMichael delivered the Invocation and Vice-Mayor
Schneiter led the Pledge of Allegiance.
PROCLAMATIONS
4a. Healthy Breakfast - Healthy Kids Week of February 10 - 16,
1991
Mayor Henderson read and presented the proclamation to Linda
Nagel, Chairperson of the Ukiah Unified School District Health
Council and Jeff Breslow, Assistant Superintendent of
Educational Services for the Ukiah Unified School District, who
outlined upcoming events for this newly established nutritional
curriculum for students.
4b. Mardi Gras Week of January 28 - February 3, 199!
Mayor Henderson read and presented this proclamation to Mary
Jo Hons, Principal of St. Mary's School, who thanked the
City of Ukiah for their continued support of their yearly
fundraiser.
SPECIAL ORDER OF BUSINESS
5a. Presentation of Award from St. Jude Children's Research
Hospital to Serqeant Charles Durfee
The Public Safety Director read a letter of commendation and
presented a plaque to Sergeant Charles Durfee, for conducting
and hosting a bike-a-thon in October of 1990 that raised
$1,840.45 for cancer research at St. Jude's Childrens Hospital.
5b. Presentation of Commendations
i. Serqeant Charles Durfee
ii. Police Officer Barry J. Inman
Mayor Henderson read and presented this commendation to these
two Police Officers who rescued Mrs. Eda Guisti and three
other occupants from a burning home located at 532 South Main
Street, on December 21, 1991.
iii. Jerilyn Harris's Advanced Placement Bioloqy Class
Mayor Henderson read and presented this commendation for winning
the University of California, Berekley, Lawrence Hall of Science
competition to Mrs. Jerilyn Harris and her class, with special
team recognition to Alison Bell, Anna Magoulas, Jayson
Mallie, and Robin Taylor, who were in attendance, and
John-Paul Bliss, who could not attend.
6. Approval/Correction of Minutes of Regular Meetinq, December
19, 1990
M/S Schneiter/Shoemaker approved the minutes of the regular
meeting of December 19, 1990, as submitted. The motion was
carried by the following roll call vote: AYES: Councilmembers
72
Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES.
None. Abstain: Councilmember McMichael. Absent: None.
7. RIGHT TO APPEAL DECISION
Mayor Henderson reviewed Section 1094.6 of the California Code
of Civil Procedures regarding the appeal process.
8. CONSENT CALENDAR
The City Manager requested Item Sq. Recommended Appointment of
Norman Coffman to the Growth Manaqement Steerinq Committee be
removed from the agenda, as Mr. Coffman will be unable to serve.
It was the general consensus of Council to remove Consent
Calendar Item 8g. from the Agenda.
M/S Schneiter/McMichael to approve the Consent Calendar as
follows:
8ai. Approved the Payroll Warrants dated from December 9, 1990
to December 22, 1990, #37229 to 37395, in the amount of
$125,661.97 and the General Warrants, #49102 to 49261, in the
amount of $407,817.84.
8aii. Approved the Payroll Warrants dated from December 23,
1990 to January 5, 1991, #37396 to 37556, in the amount of
$130,351.68, and General Warrants, #49262 to 49445, in the
amount of $589,616.57.
8b. Denied the claims for damages received from Pacific Bell and
William or Monica Patterson, and referred them to the City's
insurance carrier, R.E.M.I.F.
8c. Approved and authorized the City Manager to sign the
addendum to the agreement with PG&E, providing an additional
60 day extension for temporary electric service to a single
location on Low Gap Road at the Ukiah High School.
Sd. Rejected all bids for the repair of the North Fire Station
Siding, Spec. No. 90-22, due to budgetary constraints.
Se. Rejected the bid for the painting of the North Fire Station
Siding, Spec. No. 90-22A, due to budgetary constraints.
8f. Approved the Amendment No. 4 to Lease Agreement dated
January 7, 1970 for access road to Airport Beacon and authorized
the City Manager and the City Clerk to execute the Amendment on
behalf of the City with Larkin D. Younce.
8h. Adopted Resolution No. 91-38, Supporting the Submission of
an Application for a Grant under the California Beverage
Container Recycling and Litter Reduction Act.
8i. Approved a letter to be sent to Local Agency Formation
Commission (LAFCO) regarding the Ukiah Valley Fire District
annexation request.
The motion was carried by the following roll call vote: AYES:
Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and
Mayor Henderson. NOES: None.
9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward.
UNFINISHED BUSINESS
10a. Adoption of Resolution Establishing Expense Reimbursement
Policy for Elected and/or Appointed City Officials Officers and
Employees '
The City Manager noted this draft policy resolution includes the
concepts discussed and approved at the Council meeting of
Reg. Mtg.
January 16, 1991
Page 2
73
December 5, 1990. He commented this resolution clarifies and
defines reimbursement practices.
Discussion ensued regarding air fare cost variations, college or
special courses directly related to their career With the City,
and prior approval by the City Manager.
Councilmember McMichael requested the additional wording of
"cost of attendance" be added to No. 6, 2nd line, after the
"for"
word, .
It was the general consensus of Council to agree with the
additional wording requested by Councilmember McMichael.
Councilmember Shoemaker requested the additional wording of
"feasible" be added to No. 3, 1st line, after the word "fare",
and the additional clarification to No. 8, that approval must
precede any commitment to education courses.
It was the general consensus of Council to agree with the
additional wording requested by Councilmember Shoemaker.
M/S McMichael/Shoemaker to adopt Policy Resolution No. 25,
Declaring Policy Regarding Reimbursement of Expenses for Elected
and/or Appointed City Officials, Officers, and Employees, with
the amendments requested by Council. The motion was carried by
the following roll call vote: AYES: McMichael, Wattenburger,
Shoemaker, Schneiter and Mayor Henderson. NOES: None.
10b. Adoption of Resolution Appointinq New Plannin~
Commissioner to Fill the Unexpired Term of Anqelina Svendser -
Mayor Henderson nominated Stephanie Hoppe. Councilmember
McMichael seconded the nomination. The nomination was approved
by the following roll call vote: AYES: McMichael, Schneiter and
Mayor Henderson. NOES: Wattenburger and Shoemaker.
M/S McMichael/Wattenburger to adopt Resolution No. 91-39,
Appointing Stephanie Hoppe to the Planning Commission to fill
the unexpired term of Angelina Svendsen. The motion was carried
by the following roll call vote: AYES: Councilmembers McMichael,
Wattenburger, Schneiter and Mayor Henderson, NOES: Councilmember
Shoemaker.
10c. Recommendation Reqarding Civic Center Sycamore Trees
The Acting Community Service Director reported on various
proposals and costs associated with the Sycamore trees located
at the east entry to the Civic Center.
Mr. Victor Lopes, Civic Center Architect, 2606 East Side Road,
Talmage, reported as to the original intent of the design of
these trees, costs, and location of underground utility lines,
and the history of the Oak tree. He stated he feels these trees
will not damage the bordering sidewalks for 30 to 50 years and
that the repair of the sidewalks then would be less expensive
than removal of the trees at this time. He noted that the trees
were planted to achieve a lollipop spherical shape to be created
by pruning.
Mr. John Phillips, Arborist, answered questions concerning
current and appropriate height of the Sycamore trees and the
pollard type of pruning and effects. He stated growing
conditions will determine whether or not roots will damage the
sidewalks.
M/S McMichael/Schneiter to preserve and maintain the Sycamore
trees, and to use Mr. John Phillips expertise to instruct our
crews on how to properly pollard them, and to look into how we
can enhance the old Oak tree. The motion was carried by the
following roll call vote: AYES: McMichael, Wattenburger,
Schneiter and Mayor Henderson. NOES: Councilmember Shoemaker.
Reg. Mtg.
January 16, 1991
Page 3
74
NEW BUSINESS
lla. Recommendation Concerning Proposed Sale of Ukiah Solid
Waste
The Public Works Director reported that on November 19, 1990,
Mr. Phil Ward, President of Ukiah Solid Waste Systems, Inc.,
notified the City of an impending sale of Ukiah Solid Waste
Systems, Inc. to a Mr. James Ratto of Santa Rosa. He
reported on staff's investigation of references, other solid
waste operations in relation to level of service, reliability,
community reputation, service rate comparisons, operating staff,
equipment condition and appearance, and overall financial
capacity to acquire the system, with no significant negative
findings.
Discussion ensued regarding composting, purchase of existing
equipment, equipment availability, and that there is no rate
change anticipated.
Councilmember Shoemaker complimented the extensive research done
by staff.
The City Manager stated for the record that staff did investigate
all the systems that Mr. Ratto owns, and spoke with the
regulatory agencies that were involved in each of the
localities. He stated staff talked with an extensive range of
people within those communities, including all the media and
newspapers, as part of the effort to evaluate Mr. Ratto's
company's reputation and service performance in those areas.
Jim Salyer, General Operations Manager for Mr. Ratto, stated
they do not have a composting program at this time, but since
Ukiah has already implemented a curbside recycling program, they
are excited about breaking new ground and working with the City
of Ukiah in the areas of multi-residential recycling and
composting.
M/S Shoemaker/McMichael to encourage and support the prospective
acquisition of Ukiah Solid Waste with the understanding that we
seriously look at a grinder/composting program, and authorized
the City Manager to sign any necessary documents to allow the
sale to consummate. The motion was carried by the following roll
call vote: AYES: McMichael, Wattenburger, Shoemaker, Schneiter
and Mayor Henderson. NOES: None.
llb. Authorize Letter Requesting Legislative Amendment to State
Conflict of Interest Codes
The City Manager reported this recommendation addresses
Council's concerns regarding California law pertaining to
conflict of interest codes that creates some problems with
Planning Commissioners holding office while owning business
property within the jurisdiction that they serve as an advisory
body to the Council and the Redevelopment Agency.
The Community Development Director distributed recommended
amended wording to Section 33130 of the Health and Safety Code,
as developed by David F. Beatty, Ukiah Redevelopment Agency's
Consultant.
M/S Schneiter/McMichael to staff to pursue legislative
representation and proceed with the proposed amendments to State
conflict of interest code, as submitted by Dave Beatty. The
motion was carried by an unanimous voice vote of all AYE.
llc. Adoption of Resolution Urging the County of Mendocino to
Support the Repeal of SB 2557 and the Leaque of California
Cities Vehicle License Fee Extension Proposal
The City Manager noted this Resolution is a recommendation to
the County of Mendocino, to support the repeal of SB 2557, which
gave counties the authority to charge other local government
Reg. Mtg.
January 16, 1991
Page 4
75
entities for the collection of property tax revenue and fees for
booking and also to support the League of California Cities
Vehicle License Fee extension proposal. He outlined the recent
discussions and events with the Board of Supervisors.
M/S Schneiter/Wattenburger to adopt Resolution No. 91-40, Urging
the County of Mendocino to Support the Repeal of SB 2557 and the
League of California Cities Vehicle License Fee Extension
Proposal. The motion was carried by the following roll call
vote: AYES: McMichael, Wattenburger, Shoemaker, Schneiter and
Mayor Henderson. NOES: None.
.CITY COUNCIL REPORTS
Councilmember McMichael
Reported on the Sun House Guild meeting he attended today.
Councilmember Shoemaker
Reported on the Mendocino Solid Waste Joint Powers Authority
meeting he attended today in Willits.
Councilmember Schneiter
Reported he was appointed Chairman of the Mendocino Council of
Governments at the meeting of January 14, 1991 and provided a
summary of the Valley Wide Task Force Committee and Northern
California Power Authority meetings he also attended.
Mayor Henderson
Reported on Governor Pete Wilson's Inauguration she attended,
requested nominations for the 1990 Young American Hero program,
and noted she will be attending a 2-1/2 day R.E.M.I.F. training
session at the end of January.
City Manager
Reported on the upcoming City of Ukiah management conference.
Councilmembers Schneiter and Shoemaker commended the City of
Ukiah staff for their exceptional leadership role and handling
of the extra workload associated with extensive community
outreach and participation this past year.
CLOSED SESSION
The City Attorney announced a Closed Session is necessary to
discuss a personnel matter. He noted this matter can be
discussed in conjunction with the Redevelopment Agency Closed
Session.
Recess to Redevelopment: 8:19 p.m.
Entered Closed Session: 8:37 p.m.
Reconvened from Closed Session : 9:58 p.m.
The City Manager noted no action was taken on the Closed Session
personnel matter.
ADJOURNMENT
There being no further business,
9:58 p.m.
CCMIN.54
t~meeting was adjourned at
Cat~ ~k~ ~ ~ityClerk
Reg. Mtg.
January 16, 1991
Page 5