HomeMy WebLinkAboutMin 03-01-95MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - March 1, 1995
207
The City Council convened in a regular meeting, of which the agenda was
legally noticed and posted, at 6:31 p.m. in the Council Chambers of the Civic
Center, 300 Seminary Avenue, Ukiah, California. Roll was taken and the
following Councilmembers were present: Mastin, Malone, Wattenburger and Vice-
Mayor Shoemaker. Absent: Mayor Schneiter. Staff present: City Clerk McKay,
City Manager Rough, City Attorney Rapport, Planning Director Sawyer, Public
Works Director/City Engineer Kennedy, Executive Assistant Yoast, Assistant to
the City Manager Harris, Assistant Redevelopment Director DeKnoblough, Code
Enforcement Officer Tulibeck Police Captain Budrow and Finance Director
Elton. ' ,
Invocation and Presentation of Flag and Pledge of Allegiance by Boy
Scouts
The Invocation was delivered by Boy Scout Chris Bliss, who was the City
Clerk's counterpart and the presentation of the flag with Pledge of
Allegiance was conducted by the Boy Scout Honor Guard.
3. Proclamations - Boy Scouts
Scoutmaster Dave Cooper thanked the City Council and City staff for their
efforts today which created a very successful Scouts in Government Day.
Special Order of Business
4a. Introduction of Boy Scouts - Government Day
Vice-Mayor Shoemaker introduced each of the Scouts participating with City
Government counterparts.
4b. Report to Council Regarding Boy Scouts in Government Day Events
The Assistant to the City Manager reported on todays events.
5. Introduction of New Employees
Police Captain Budrow individually introduced and provided personal and
professional biographies of Police Dispatcher Tracey Souza, Randall Johnson,
and Police Officer Justin Wyatt.
Executive Assistant Yoast introduced and presented a biography of
Administration Wing Receptionist/Typist Clerk Andrea Bray.
Council welcomed the new employees to the City of Ukiah organization.
Approval/Correction of Minutes
6a. Regular Meeting of February 1, 1995
M/S Malone/Wattenburger approved the minutes of the regular meeting of
February 1, 1995, as submitted. The motion was carried by the following roll
call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor
Shoemaker. Noes: None. Absent: Mayor Schneiter.
6b. Regular Meeting of February 15, 1995
M/S Wattenburger/Mastin approved the minutes of the regular meeting of
February 15, 1995, as submitted. The motion was carried by the following roll
call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor
Shoemaker. Noes: None. Absent: Mayor Schneiter.
RIGHT TO APPEAL DECISION
Vice Mayor Shoemaker reviewed Section 1094.6 of the California Code of Civil
Procedure regarding the appeal process.
CONSENT CALENDAR
M/S Mastin/Malone to approve the Consent Calendar as follows;
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March 1, 1995
Page 1
20~. Authorized the City Manager to submit letter to the Community Development
Commission stating the City's support of Section 8 and public housing
applications and that they are consistent with the City's General Plan.
Bb. Denied the claims for damages received from Linda Jensen, Karen Elder,
Ana Ramirez and Gwyn Sturges, and referred them to the City's insurance
carrier, REMIF.
8c. Received report regarding acquisition of contractual services pursuant to
the special procedure provisions of the Ukiah City Code for emergency bank
restoration services provided by Wipf Construction for landfill site repair
8d. Approved the renewal of parking lot lease with U.S. Postal Service for a ........
term of 5 years at the rate of $6,000 per year, with an option to extend th(
lease 5 more years at a rate of $7,500 (2000-2004).
The motion was carried by the following roll call vote: AYES: Councilmembers
Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker Noes' None. Absent-
Mayor Schneiter. · · ·
AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Chuck Warner, 42 Wheel Court, questioned if the Downtown Parking Master Plan
is on the agenda. He indicated he will wait until this matter comes up later
in the meeting.
UNFINISHED BUSINESS
11a. Award of Contract for an Automated Electronic Records Management/Optical
Imaging System to Decision Management Company, Inc., in the Amount of
$27,022; and an Additional $26,589.75 for Purchase of Hardware for System
The City Clerk reported as directed by Council at budget hearings, she
prepared a Request for Proposals (RFP) for an Automated Electronic Records
Management/Optical Imaging System, which was sent to 50 vendors on December
27, 1994. She provided details of the six proposals received, four of which
were valid, and detailed the first ranking proposal's criteria and amounts.
She provided a background overview of optical imaging, new records management
technology and a cost benefit analysis of the new system. She noted as an
option listed in the RFP, the City Computer Consultant has advised the City
can save $4,231.12 by purchasing the hardware which meets DMC's
specifications, separately.
Council queried staff regarding amounts, backfile conversion, access costs,
process and procedures of future use, specific technical operation criteria,
guarantees, backup procedures and timeframes for implementation.
David Cooper, Scoutmaster, noted he is a computer technician at Santa Rosa
Junior College and questioned Bob Manogue, Computer Consultant to the City,
regarding technical criteria such as modem speeds, DAT backup possibility,
size of memory and hard drive capacity, type of server and application type.
He commended the City for coming into the 1990's with this advanced
technology.
Council indicated they look forward to seeing this new system operate, and
were interested in being able to modem into City records to save them paper
storage at home.
M/S Malone/Wattenburger to approve a budget adjustment of $54,847.91;
authorized the Mayor to execute contract, to be prepared by the City
Attorney, with Decision Management Company, Inc. (DMC) to provide Phase I
software, project integration, installation and training services and Phase
II backfile conversion service for an Automated Electronic Records
Management/Optical Imaging System, in the amount of $27,022, and authorized
the procurement of all specified hardware in the amount not to exceed
$27,825.91. The motion was carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker NOES:
None. Absent: Mayor Schneiter. ·
PUBLIC HEARING - 7:00 p.m.
Vice-Mayor Shoemaker announced the two continued Public Hearings Item 10b.
Continuation of March i Public Hearing Regarding Consideration of
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March 1, 1995
Page 2
Noticed Public Hearing to March 15, 1995 Consideration of Introduction of
Ordinance Approving Zoning Code Amendments for Proposed Downtown Parking
Improvement Program, have both been continued to March 15, 1995.
10a. Consideration and Approval to Abate Nuisance by Condemning and Razing or
Removing Structures Located on Property at 273 East Clay Street (Owner:
Beverly Balletto, AP #002-281-04)
The Planning Director reported on property located at 273 East Clay Street
which was declared a nuisance by the City Council, Resolution No. 95-26 on
November 2, 1994, pursuant to Ukiah Municipal Code Section 3300, and State
...... Housing Law Regulations. He noted this action was based on numerous building,
health, safety, and fire code violations found to be present over a long
period of time on the property, and based on the property owner's
unwillingness and/or inability to repair the cited violations. He explained
that inspections by the Building Official, Fire Marshal, and Code
Enforcement Officer have determined that each of the buildings o the property
constitute a public nuisance for a variety of code-related reasons. He
explained buidling conditions that exist on the site.
The Code Enforcement Officer presented a 62 slide demonstration depicting
past conditions in November, 1994 of the 11 units on the property in question
showing trash, cabins in disrepair, rot, fire damage, trees growing into roof
sheeting, foundations falling from structures, non-code framing, decayed
roofs, windows broken, inadequate interior sheeting, non-code furnace and
ventilation systems, non-code electrical wiring, wall and floor settling,
non-code installations of plumbing, open sewer lines, above ground gas and
sewer lines, and abandoned vehicles. He then presented 24 slides of current
conditions of the site showing some demolitions of the fire damaged units,
non-code water heater installations in the majority of units, occupied units,
trash and debris from tenants which grows each day as there are no refuse
containers, an abandoned vehicle, an open sewer line, some new sheeting, new
non-code repair of foundations, water running from inside floors to
exteriors, and buildings that are leaning.
Council queried staff regarding the racking of the buildings, non-existent or
unsuitable repairs, three tenants remaining and transient occupation in other
cabins, and the currently capped and disabled above ground sewer line.
The City Attorney provided legal advise pertaining to this hearing and
procedures, timeframes and the tax lien advise.
The Planning Director stated that notice was personally served to the current
owner and the two deed of trust owners by certified mail, in addition each
cabin was posted with an abatement order. He referred to the staff report
which contained chronology of inspections and abatement activities, the
motive to vacate and abate nuisance, March 31, 1994 inspection report, March
23, 1994 substandard housing inspection form, and notice to abate nuisance.
Public Hearing opened - 8:13 p.m.
Guy W. Lucky, questioned the Code Enforcement Officer regarding building
permits, noted there is nothing buried on the site, and explained that he is
the person who has been trying to take care of the site.
The City Attorney advised Mr. Lucky of the proper procedure regarding
questions of staff during the public hearing.
Mr. Lucky noted he has taken the tree out, he has taken out permits to
repair, and when he tried to take out more permits, the City said they would
not issue any more permits. He explained that these problems existed when
Mrs. Balletto acquired the property. He noted he is the only person to do
this work and he lives in Willits. He explained they have taken the garbage
away.
The Code Enforcement Officer explained the history of issuing building
permits for this property and attempts by staff to gain full Code compliance
and permit inspections with no final inspections.
Mr. Lucky stated these buildings are old yet have survived earthquakes. He
indicated they are trying to take out old and replace with new, but are
having problems obtaining necessary permits. He noted the owner is trying her
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March 1, 1995
Page 3
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~Se~st with what income she receives. He explained the open sewage has new
piping but tenants have stuffed rags in the new plumbing noting it is the
tenants who are trying to destroy the cabins.
The Code Enforcement Officer explained the permit history on this property
for Council.
Beverly Balleto stated she bought this property in 1990 and felt she could
fix them up. She indicated she would fix the roofs when tenants asked, but
tenants never told her of the disrepair. She stated she feels the tenants
were afraid of rent increases. She knows there are Code violations, noted she
just spent $2,000 to haul away debris and garbage, and she has evicted
tenants who have caused damage. She explained the sewer lines were sabotaged
and she was never informed of them by the tenants. She reviewed the history
of past problems she has encountered with this property. She stated she
cannot obtain financing to fix the problems and explained if the City will
provide her with a low income housing grant she will repair as the City
desires. She indicated she is trying to cooperate with the City and has
hauled debris and garbage away, bought and installed new siding and windows.
She stated she cannot make the payments if these buildings are taken away,
and indicated she will sell it if there is a buyer. She commented she feels
she has removed the public nuisance and is trying to comply with the City's
wishes, but does not have the money.
Council queried Mrs. Balletto regarding contact with City staff, legal notice
served and received, inspections on individual units, and original building
dates prior to current codes.
Councilmember Wattenburger asked Mrs. Balletto if the City were to require
nothing, what would her plans for these buildings?
Mrs. Balletto stated she will amke repairs as she can afford to, but it will
take four years to do it with her available funds. She indicated it will be
cheaper to go new than to upgrade to meet code, she indicated that the cabins
are inhabitable but not to code. She explained she has been asking for
donations and materials and noted she could do it with enough time and
money. She indicated that she has attempted to acquire better tenants at this
location.
The City Manager clarified that there is no intent by the City to purchase
this property.
Public Hearing Closed - 8:43 p.m.
Recess - 8:43 p.m. Reconvened - 8:52 p.m.
Councilmember Malone questioned Mrs. Balletto if the property was purchased
in 1990 on an ~as-is' basis.
Mrs. Balletto stated she only knows that her recollection is regarding toxic
subjects, and is unsure as to other wording.
Councilmember Wattenburger questioned whether these buildings are able to be
brought up to Code?
The Planning Director stated in his opinion and the Code Enforcement
Officer's opinion, it would be less expensive to demolish these buildings and
rebuild.
The City Attorney advised Council regarding the Code wording pertaining to
old or historical structures and conditions when construction exceeds more
than 75% of the market value.
Council queried staff regarding timelines, possible imposition of conditions,
building codes, health and safety codes, when construction costs exceed 25%
of value then dwelling must be rebuilt to Code, non-conforming buildings, and
satisfactory inspection by building inspector.
Vice-Mayor Shoemaker stated he did not see any repairs completed to satisfy
building inspector. He explained that since this long process which City
staff has gone through to gain compliance has not been successful, then it
appears the City Council has no other choice than to take action to abate.
Reg. Mtg.
March 1, 1995
Page 4
The C°de Enf°rcement Officer stated it is apparent to all that these ~ 1
structures have been repaired inadequately through the years. He noted the
buildings have deteriorated to the point of where they cannot be adequately
repaired.
The Planning Director stated that with documentation of continuous complaints
by inspectors and fire marshals in past years, the City must now abate
substandard conditions and violations of public health and safety codes. He
reviewed the documented history of City involvement regarding this property.
The City Attorney reviewed the recent legal proceedings concerning this
project and stated that there was some attempt by Mrs. Balletto to find
financial assurance for the City but she came in with no loan commitment or
other way to assure completion of the repairs and had no plans.
The Planning Director reviewed meetings with Mrs. Balletto and Mr. Guy Lucky
and a contractor. The contractor told City staff that he could not make
deadline for the repair schedule.
Councilmember Wattenburger stated this matter gives him no pleasure but he
can see no other viable alternative for repair, in addition to protecting
the public's health and safety.
The City Attorney reported if this matter is approved, then direction to
staff to include findings of support will be presented at the next Council
meeting.
M/S Wattenburger/Mastin to condemn the property at 273 East Clay Street as a
public nuisance and order that the nuisance be abated by the owner, or, by
default, the City, by razing or removing the buildings thereon in a manner
consistent with law, and directed staff to return with findings for adoption
at the next Council meeting. The motion was carried by the following roll
call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor
Shoemaker. NOES: None. Absent: Mayor Schneiter.
10b. Continuation of March i Public Hearing Regarding Consideration of
Adjustment of Ukiah Fire Ambulance Service Rates
The Vice-Mayor again announced this item of business has been continued to
the regular Council meeting of March 15, 1995.
10c. Continue Noticed Public Hearing to March 15, 1995 Consideration of
Introduction of Ordinance Approving Zoning Code Amendments for Proposed
Downtown Parking Improvement Program
The Vice-Mayor announced this item of business has been continued to the
regular Council meeting of March 15, 1995.
NEW BUSINESS
12a. Introduction and Discussion of Downtown Parking Improvement Program
The Assistant Redevelopment Director reported the Downtown Revitalization
Master Plan has acknowledged the historic difficulties and controversy
regarding downtown parking, and parking remains a key impediment to
revitalization. He noted studies have been completed by consultants and City
staff which indicate there are parking resources available which are poorly
located and under utilized. Review proceeded of the goals of the draft
Downtown Master Parking Improvement Program.
Council queried staff regarding number of needed parking spaces in the
downtown areas, employee on-site parking availability, Conference Center
potential impacts, original parking plan's attempt at perimeter parking, and
citizens and employee's not wanting to walk even short distances
Vice-Mayor Shoemaker advised the City should have an adequate parking
facility for a full Conferenc~ Center as the new parking lot will only
contain 96 to 106 cars and is not adequate.
The Assistant Redevelopment Director reviewed the map of proposed parking
areas, the program objectives, new parking enforcement procedures, employee
parking problems, and proposed parking fines.
Reg. Mtg.
March 1, 1995
Page 5
2 ~ck Warner, 42 Millview Court, stated he and his wife operate a small
business at the 200 blockof SOuth State Street, and expressed his concern
that downtown shoppers are reluctant to park even one block away. He stated
his business parking spaces are being used by employees who do not want to
walk one block. He requested some type of incentive program to motivate
employees to park elsewhere.
Discussion ensued regarding possible sidestreet parking.
Vice-Mayor Shoemaker noted it is apparent that we need to free up spaces for
shoppers and encourage employees to park elsewhere, possibly eliminating
employee parking from streets to get them into lots with effective
enforcement procedures.
It was the consensus of Council to re-address this matter after staff
refinement.
Review of the proposed directives proceeded.
It was the consensus of Council to develop an expansion of "no employee
parking areas."
It was the consensus of Council regarding Directive B that fines and fees to
come back for a public hearing with the direction that the first fine is
issued with strong wording that next fine is $50.
Discussion ensued regarding fines and ranges.
It was the general consensus of Council to refer this matter back to staff.
Review continued of the remaining proposed directives.
It was the general consensus to discuss State Street issues in a future
workshop and referred this matter back to staff for further refining.
12 b. Approval of 1995/96 Budget Schedule and Set Date for Council/Staff
Goal Setting/Strategic Planning Session
It was the consensus of Council to set the date and time of March 27, 1995,
at 9:00 a.m., the for a goal setting session.
12c. Approval of Fiscal Year 1994-95 Funding Commitment to Economic
Development and Financing Corporation (EDFC)
The City Manager noted a correction to the staff report that the EDFC wants
cost coverage from January to June and not March to June, which changes the
amount to $5,636.25 which is half of the total $11,272.50 amount, which
differs from the $3,762.50 for a three month commitment as reported in the
staff report. He reported the past City of Ukiah coordination for a County
wide approach to economic development and explained the establishment of EDFC
by a Mendocino Council of Governments Steering Committee involving
Councilmember Mastin. He reported the EDFC has formally requested commitment
to financial contribution for the EDFC from the County and incorporated
cities. He explained the formula is 50 cents per capita for the County and 75
cents per capita for the cities, noting Ukiah's share of cost. He explained
he will be bringing the Redevelopment Agency re-allocation matter on the URA
agenda of March 15, 1995.
M/S Malone/Wattenburger to approve the written commitment and appropriation
with correction of amount to $5,636.25 to the Economic Development and
Funding Corporation, as the City's contribution for the balance of Fiscal
Year 1994-95, to cover the months of January to June 30, 1995. The motion
was carried by the following roll call vote: AYES: Councilmembers Mastin,
Malone, Wattenburger, and Vice-Mayor Shoemaker. NOES: None. Absent: Mayor
Schneiter
13.
CITY COUNCIL/REPORTS
Councilmember Mastin - Reported on the Economic Development Finance
Committee, and Mendocino Transit Authority meetings he attended.
Councilmember Malone - Reported on the Main Street meeting he attended,
commented that as a footnote to last night's meeting with the Airport
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March 1, 1995
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