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HomeMy WebLinkAboutMin 01-20-88MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - JANUARY 20, 1988 The City Council convened in a regular session at 6:30 p.m., in the Council Chambers at the Civic Center, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Shoemaker, Myers, Hickey, Schneiter and Mayor Henderson. Staff present: City Manager Payne, City Attorney Rapport, Public Works Director/Engineer Pedroncelli, Community Development Director Harris, Electric Utilities Director Roper, Finance Director Vara, Personnel Director/Administrative Assistant Horsley, City Manager's Secretary Stamelos, and City Clerk Hayes. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Henderson delivered the Invocation and Councilmember Shoemaker led the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES Mayor Henderson made corrections to the City Council Minutes of the Regular Meeting of January 6, 1988, as follows: Page 5, under Item 9c, first paragraph second line, correct the spelling of capitol to capital. Page 8, before the Adjournment the time noted as 12:35 p.m. should be corrected to 12:35 a.m. and the time noted under Adjournment, correct the same. Councilmember Shoemaker noted a correction to the same minutes. Page 2, under Item 10d-2. Note: Councilmember Shoemaker stated that he felt it would be appropriate for Council to consider Tom Mason and Jim Mastin for the appointment. M/S Hickey/Shoemaker approved the City Council Minutes of the Regular Meeting of January 6, 1988, as amended. The motion was carried by the following roll call vote: AYES: Councilmember Shoemaker, Hickey, Schneiter, and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Myers. RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedure regarding the appeal process. CONSENT CALENDAR M/S Schneiter/Shoemaker approved the Consent Calendar Items 6a, 6b 6c, and 6d, as follows: ' 6a. Approved the Payroll Warrants of January 20, 1988, #16933 to #17079 in the amount of $159,034.95 ' 6b. Approved the General Warrants of January 20, 1988, #36661 to #36794 in the amount of $331,102.18. ' 6c. Adopted Ordinance No. 872, Amending Section 1990 of the Ukiah City Code, Regarding the Use of Alcoholic Beverages in City Parks. 6d. Approved the Report of Administrative Actions and Proposals (R.A.A.P.) The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter and Mayor Henderson. NOES: None. PETITIONS AND COMMUNICATIONS 8a. Letter from Gary Akerstrom regarding Island Curb on Airport Park Boule yard. The City Manager noted Mr. Akerstrom's request and explained he is uncertain whether the request is available for a public hearing and/or an appeals process. The City Attorney stated he believes Mr. Akerstrom is requesting that he be relieved from one of the standards of installing an improvement. He noted there is no procedure within the City Code to appeal such a decision by the Reg. Mtg. January 20, 1988 Page 1 77 City Engineer. He further noted there is no provision within the Government Code, dealing with the Subdivision Act, to provide such an appeal. Thus, he explained there is no established procedure. The City Engineer by City Ordinance is given the discretion to inspect and approve. The City Council without amending the Code can not relieve someone of a standard that has been adopted by the City but can review the situation to find out whether the standard is in fact such and was included in the plans that was approved by the City Engineer. M/S Henderson/Hickey referred the matter to Staff for a report for the February 3, 1988 Agenda. The motion was carried by a unanimous voice vote. NOES: None UNFINISHED BUSINESS 9a. Adoption of Ordinance 873 - Commission Appointments The City Manager noted the necessity for the second reading. M/S Shoemaker/Schneiter adopted Ordinance No. 873 by title only. The motion was carried by a unanimous voice vote. NOES: None. The City Clerk read Ordinance No. 873 by title only. M/S Shoemaker/Schneiter adopted Ordinance No. 873, Amending Section 1050, 1101 and 1151 of the Ukiah City Code, Concerning the Appointment of Members to the Various City Commissions and Boards. Councilmember Shoemaker wondered if Council should also establish a nominating procedure. The City Manager stated he believes the appropriate place to address nominating procedures would be in Council's rules and procedures. Discussion ensued regarding appointments by the Mayor with nomination input from the Council, since the Mayor's position is not being rotated among the Council each member is not getting a turn to nominate, and the possible behind the scene negotiations that could occur with the Mayor appointing. Councilmember Myers stated he believes an effective Mayor can mitigate all concerns when appointments are to be made. The motion was declared lost by the following roll call vote: AYES: Councilmembers Shoemaker and Schneiter. NOES: Councilmembers Myers, Hickey and Mayor Henderson. PUBLIC HEARING 7A. Residential Electric Rate Adjustment The Electric Utilities Director reported that the Public Utilities Commission (PUC) granted Pacific Gas & Electric (PG&E) an average increase of 8.5%. The adjustment proposed is 4% lower than 1982's cost for electricity and is still 3.1% to 4.5% lower than customers outside the City limits are paying now. There was considerable discussion regarding the City's policy of being 5% lower than PG&E's base rate and how fuel costs are considered in the electric rates. Councilmember Shoemaker stated he believes the average rate should be more realistic to the community. The City Manager stressed the base rate explanation. Councilmember Schneiter stated he believes it is an artificial rate. The City Manager noted Council's policy of the base rate being 5% below PG&E's. Reg. Mtg. January 20, 1988 Page 2 78 PUBLIC HEARING OPENED - 7:25 P.M. Jean Harmon, 3100 Westerly Place, asked about the cost to produce electricity at the Hydro Plant, PG&E and other sources. The City Manager explained. Gary Akerstrom, 425 Talmage Road, asked about PG&E's base rate and about other additions to the customers. Karen Bonime, 1112 Elm Street, asked if a water tank storage facility is still being discussed by the City. PUBLIC HEARING CLOSED - 7:40 P.M. M/S Hickey/Myers adopted Resolution No. 88-28, Adopting Rate Schedules. The motion was carried by the following roll call vote: AYES: Councilmembers Myers, Hickey and Mayor Henderson. NOES: Councilmembers Shoemaker and Schneiter. 7b. Introduction of Dedication Ordinance The City Manager noted the need to continue the public hearing of the proposed Dedication Ordinance. M/S Shoemaker/Schneiter tabled the matter and referred it to Staff for work. The motion was carried by a unanimous voice vote. NOES: None. UNFINISHED BUSINESS 9b. Report on Undergroundin~ of City Electric Facilities The Electric Utilities Director explained the construction schedule for undergrounding the City's electric facilities on the State Street, Perkins Street, Gobbi Street and Talmage Road areas. He noted the schedules could be changed because unknown factors could enter into the schedule. The City Manager noted the City Attorney and Staff will be looking at undergrounding districts and funding sources. Council discussed undergrounding districts. M/S Hickey/Schneiter referred the matter to Staff. The motion was carried by a unanimous voice vote. NOES: None. 9c. Discussion of Railroad Easement - Redwood Business Park The City Manager explained the City Attorney's concern with the City assuming additional liability. The City Attorney stated he believes it should be a policy decision of whether to assume such liability. Council discussed the matter at length. Gary Akerstrom, 425 Talmage Road, addressed Council and discussed water draining onto his property as really being caused from upstream runoff. M/S Schneiter/Hickey authorized the City to execute an Indemnification Agreement with the railroad. The motion was carried by the .following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter and Mayor Henderson. NOES: None. RECESS: 8:28 P.M. to Redevelopment RECONVENED: 11:13 P.M. Reg. Mtg. January 20, 1988 Page 3 79 NEW BUSINESS 10a. Discussion of Proposed Millview County Water District - Sphere of Influence The Community Development Director discussed Millview County Water District's request that LAFCO establish a sphere of influence for them. Council discussed the need to make LAFCO aware that the proposed sphere of influence is entirely within the City's sphere of influence and that they should not promote special districts. M/S Henderson/Shoemaker recommend to LAFCO that they not establish the Millview Water District Sphere of Influence as requested by Millview. If the sphere is established, that there be a condition that detachment of areas from the district to multipurpose governmental agencies are granted when such proposals are considered by LAFCO. The City would like to remind LAFCO that, as directed by the State, they are to minimize single purpose entities in favor of full service governmental agencies. The motion was carried by a unanimous voice vote. NOES: None. 10b. Adoption of Resolution Regarding Off-Shore Drilling - Henderson Mayor Henderson explained her desire to support the opposition to off-shore drilling of oil and gas. M/S Schneiter/Shoemaker directed Staff to draft a Resolution opposing off-shore drilling. The issues to be addressed: air quality, timber and agriculture. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter and Mayor Henderson. NOES: None. Council discussed their desire that the City be represented at the Public Hearing on February 3, 1988, where the Minerals Management Service report will be discussed. Karen Bonime thanked Council for their action and delivered printed material for their reading. Councilmember Shoemaker requested Council consider Item 10e. at this point. Council had no objections. 10e. Examination of the Role of Mayor and Increased Compensation for the Mayor Position - Henderson Mayor Henderson discussed the Mayoral role generically. She believes the role is different now and h~s a different place on the Council. M/S Hickey/Myers direct Staff to draft an Ordinance that increases the Mayor's pay by $300.00. Councilmember Myers suggested a special budget for the Mayor. He believes the issue should be decided by the voters. The motion was declared lost by the following roll call vote: AYES: Councilmember Hickey. NOES: Councilmembers Shoemaker, Myers,'Schneiter and Mayor Henderson. Council concurred that Staff should provide information on what percentage increase could be considered for the Mayor, and how a ballot measure could be put together. Councilmember Shoemaker suggested that the voters could decide how the Commission appointments should be handled. Reg. Mtg. January 20, 1988 Page 4 8O 10c. Appointment of Representative and Alternate to the Mendocino Development Corporation (MDC) Board of Directors The City Manager reported on the MDC Rural Renaissance Strategy meeting of January 7, 1988. MDC Board has been expanded and Rural Renaissance funds will serve as the three year buy-in for the public agencies. M/S Shoemaker/Myers authorized a letter to the Board of Supervisors of Mendocino County endorsing the establishment of the expanded Economic Development Corporation Board of Directors and that the remaining Rural Renaissance funds be transferred to MDC. The motion was carried by a unanimous voice vote. NOES: None. M/S Schneiter/Hickey designated Mayor Henderson as the City's representative with Councilmember Shoemaker as the alternate to MDC's newly expanded Board. The motion was carried by a unanimous voice vote. NOES: None. 10d. Matter of Council Committee Assignments and Selection of Vice-Mayor Mayor Henderson reviewed the Council Committee assignments. The Mayor recommended Councilmember Schneiter to the Mendocino Council of Governments (MCOG), Councilmember Myers to the MTA Board of Directors, and Councilmember Shoemaker to the Joint City/County Committee. Further, Councilmember Schneiter was recommended to be Vice-Mayor. M/S Shoemaker/Henderson accepted the recommendations of appointments. The motion was carried by a unanimous voice vote. NOES: None. 10f. Matter of June 7, 1988 Election i. Adoption of Resolution consolidating Election and Authorizing Agreement. ii. Approval of Limitation of Candidate Statement and Approval of A~reement. M/S Hickey/Schneiter adopted Resolution No. 88-29, Authorizing Execution of Agreement with the County of Mendocino for the Provisions of Election Services at the City Election to be Consolidated with the Regular Statewide Direct Primary Election. Authorized the execution of an Agreement with Mendocino County for election services. Approved the limit of 200 words in a candidate's statement and a $100 deposit for the cost of printing and handling a candidate's statement for the June 7, 1988 primary election. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter and Mayor Henderson. NOES: None. 10g. Adoption of Resolution Desi~natin~ Carpenter Park as Permit Drinkin~ Only M/S Shoemaker/Schneiter adopted Resolution No. 88-30, Designating, Pursuant to Ukiah City Code Section 1990 City Parks, Where Alcoholic Beverages can be used Only with a Permit. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter and Mayor Henderson. NOES: None. COMMENTS FROM AUDIENCE None. CITY COUNCIL REPORTS Councilmember Shoemaker Commented on the January 12, 1988 Project Review Committee Minutes. Councilmember Myers Noted appreciation for his appointment to the Council. Reg. Mtg. January 20, 1988 Page 5 81 Councilmember Hickey Happy to have Councilmember Myers on the Council in the new facility he worked so hard for. Councilmember Schneiter Believes Staff should meet with the Airport Commission on their absenteeism. Mayor Henderson Noted the ministerial society will be delivering the Invocation beginning in March. Sanitation Board met. Will be attending REMIF, League of California Redwood Empire Division meeting, lunch with two Supervisors regarding the City's Redevelopment program, (CALED) Conference, and noted she will be unable to attend the Mayor/Managers upcoming meeting. CLOSED SESSION The City Attorney recommended that Council go into Closed Session under the exception to the Brown Act, Section 54956.9, Subsection B-I, to discuss Threatened Litigation. M/S Schnetter/Shoemaker to go into Closed Session to discuss the following: Threatened Litigation. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Myers, Hickey, Schneiter, and Mayor Henderson. NOES: None. Council went into Closed Session at 12:05 a.m. Council reconvened at 1:25 a.m. ADJOURNMENT There being no further business, the meeting was adjourned at 1:25 a.m. Yvette S. Hayes City Clerk Reg. Mtg. January 20, 1988 Page 6