HomeMy WebLinkAboutMin 11-02-94153
MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - November 2, 1994
The City Council convened in a regular meeting, of which the agenda
was legally noticed and posted, at 6:30 p.m., in the Council
Chambers of the Civic Center, 300 Seminary Avenue. Roll call was
taken and the following Councilmembers were present: Mastin,
Malone, Wattenburger, Shoemaker and Mayor Schneiter. Staff present:
City Clerk McKay, City Manager Rough, City Attorney Rapport,
Assistant City Manager Horsley, Acting Planning Director Stump,
City Engineer/Public Works Director Kennedy, Public Utility
Director Barnes, Assistant Redevelopment Director DeKnoblough
Finance Director Elton and Public Safety Director Keplinger.
INVOCATION/PLEDGE OF ALLEGIANCE
Councilmember Wattenburger delivered the Pledge of Allegiance and
Councilmember Shoemaker led the Pledge of Allegiance.
Introduction of New Employee
The City Manager introduced Gordon Elton, the City's new Finance
Director and presented a verbal biography of Mr. Elton's education
and experience and personal interests to Council.
Mr. Elton stated he is pleased to be of service to the City of
Ukiah.
4-APPROVAL/CORRECTION OF MINUTES OF REGULAR MEETING, OCTOBER 19,
1994
Councilmember Malone made the following corrections to the minutes
of the regular meeting of October 19, 1994 as follows; Page 2, Item
9a., first paragraph, third line, change "Planning Commission,, to
"Treasurer"; and same line, change "Cohen" to "Coyne".
M/S Shoemaker/Wattenburger to approve the minutes of the regular
Council meeting of October 19, 1994, as amended. The motion was
carried by the following roll call vote: AYES: Councilmembers
Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES:
None. Absent: None.
RIGHT TO APPEAL DECISION
Mayor Schneiter reviewed Section 1094.6 of the Government Code
regarding the appeal process.
CONSENT CALENDAR
M/S Wattenburger/Mastin to approve the Consent Calendar as
follows:
6a. Denied the claim received from Patricia E. Walker, and
referred it to the City's Insurance Carrier, REMIF.
6b. Awarded the bid for various electrical transformers, for five
15KVA, seven 25KVA, none 37.5KVA, five 50KVA, two 300KVA and one
500KVA transformers to General Electric Supply Company for
$5,258.75, $8,419.67, $14,717.70, $8,464.70, $22,139.62 and
$11,615.28 respectively; and four 75KVA, three 150KVA and two
300KVA to Western States Electric for $21,214.04, $19,456.23 and
$17,052.76, respectively; and one 150KVA transformer to
Westinghouse Supply Company for $6,268.76.
6c. Authorized the Mayor to execute the grant of easement to PG&E
for overhead electrical facilities at the City of Ukiah Landfill,
Assessor Parcel Numbers 178-210-01 and 178-130-01 (PGE Ref. No.
GMl134410 and SD75EE81499, on behalf of the City of Ukiah.
The motion was carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor
Schneiter. NOES: None. Absent: None.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward.
154
NEW BUSINESS
Sa. Adoption of Resolution Supporting the Efforts of the Charter
Committee to Form a Girls and Boys Club of Ukiah
Hugh McAvoy, Jr., 169 Park Place, introduced members of the Charter
Committee which has been formed to for a Girls and Boys Club of
Ukiah. He reported on the committee's progress pertaining to
political action and community groups which determined the need for
a facility based girls and boys club here in Ukiah which should be
easily accessed by children. He outlined the progress they have
made in forming non-profit status.
Council expressed their continued interest in this organization and
encouraged them to apply for Ukiah grants for non-profit
organizations.
Councilmember Shoemaker stated he would like to see the City donate
$500 such as was provided for the Mendocino Folklorico where it was
a matching grant.
M/S Shoemaker/Malone to adopt Resolution No. 95-23, supporting the
efforts of the Charter Committee to form a girls and boys club of
Ukiah. The motion was carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and
Mayor Schneiter. NOES: None. Absent: None.
Bb. Designate Councilmember as Alternate to Mendocino Council of
Governments
Mayor Schneiter nominated Councilmember Shoemaker as an alternate
to Councilmember Wattenburger's position on the Mendocino Council
of Governments Board of Directors.
Councilmember Malone seconded the nomination and the nomination was
approved by a unanimous voice vote of all AYE.
8c. Adoption of Resolution Opposing Proposition 188
Mayor Schneiter reported this resolution of support is requested by
the American Cancer Society representative, Jane Piper. He reported
the statewide ballot proposition 188 is a threat to the legislation
that Ukiah has adopted where smoking is not allowed in enclosed
public places.
The City Attorney advised if this statewide proposition is
approved, it will pre-empt local law, and therefore Ukiah could not
enforce no smoking in enclosed public places.
M/S Malone/Wattenburger to adopt Resolution No. 95-25, opposing
Proposition 188 the "California Uniform Tobacco Control Act". The
motion was carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor
Schneiter. NOES: None. Absent: None.
Sd. Adoption of Resolution Declaring 273 Clay Street a Public
Nuisance and Declaring City Council,s Intent to Commence Abatement
Proceedings
The City Manager reported on the City's attempts to have the
property owner, Beverly Balletto, to abate the uninhabitable
conditions of the rental units, which represent a health and safety
hazard to the occupants and the public. He outlined the series of
inspections, findings and code violations as determined by the
building inspector and fire marshall.
The City Attorney advised the Council of the legal proceedings
necessary to abate a public nuisance.
Discussion ensued regarding timeframes associated with hearings and
abatement procedures.
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November 2, 1994
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155
Councilmember Wattenburger stated it is unfortunate that the City
has to resort to legal proceedings to mandate a property owner to
provide safe and up to code rental housing, but this situation has
existed for years and is a public nuisance.
M/S Wattenburger/Mastin to adopt Resolution No. 95-26, declaring
the property located at 273 Clay Street a public nuisance and its
intent to commence abatement proceedings pursuant to Ukiah City
Code Sections 3300 et seq. The motion was carried by the following
roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger,
Shoemaker, and Mayor Schneiter. NOES: None. Absent: None.
Se. Consideration of City Commitment to Economic Development
Financing Corporation of Mendocino County
The Assistant Redevelopment Director reported in early 1991, a
$850,000 grant was provided by Department of Housing and Urban
Development for the purpose of regional economic development among
the north cost counties. This grant is to be administered by the
Redwood Regional Economic Development Commission (RREDC) of
Humboldt with funds distributed to Humboldt, Del Norte and
Mendocino Counties. He noted Mendocino County's apportionment of
$250,000. He explained the steering committee has been meeting two
years to determine the use of these funds. He noted the process has
continued to evolve through the facilitation of Mendocino Council
of Governments as the appropriate County wide JPA. He reported
after the initial committee completed their initial task, MCOG
recruited a second steering committee, which has recommended and
approved by MCOG to establish the Economic Development and Finance
Corporation (EDFC) of Mendocino County. He explained this agency is
an independent, private , non-profit corporation with a 12 member
Board of Directors, of which the City of Ukiah will hold a voting
seat. He reported on the proposed funding distribution based on a
dollars per population ration for each of the various public
agencies, in an amount of .75 cents per person for the
municipalities and .50 per person for the County population. He
noted Ukiah's contribution will be $15.050 with the total funds
received from all agencies $47,840.
Councilmember Mastin reported on the 21 member committee's progress
in its formation of a economic development committee in this County
which will receive federal funding.
Discussion ensued regarding the proposed staffing for this
committee, the costs, how this will be funded, and concern
regarding past problems with the prior economic development
committee.
M/S Shoemaker/Wattenburger to support the formation of the Economic
Development and Finance Corporation (EDFC) in concept by a
unanimous voice vote of all AYE.
Bf. Approval of Demolition Permit Application to Demolish a Single
Family Residence Over 50 Years Old Located at 351 South Oak Street,
as filed by Ukiah Redevelopment Agency
The Planning Director and Assistant Planner reported on October 28,
1994 the Demolition Permit Review Committee voted 3-1 to approve
a demolition permit application to demolish the single family
residence located at 351 South Oak Street. He noted the purpose of
the demolition project is to remove the residence and create
additional area for the new downtown City plaza parking facility.
He reported on the history of the building. He explained the
request for demolition is contingent upon failing to secure
relocation of the structure first.
Council queried staff regarding attendance at recent Demolition
Permit Review Committee meetings.
Councilmember Shoemaker stated he does not like how this committee
is set up with so much City staff it is not an open process. He
stated it is critical to have full public member attendance at each
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meeting.
Staff reiterated their dissatisfaction with the process and noted
that a number of recommended changes to the system are near
completion.
Judy Pruden, 304 South Hortense, stated she would like to see
housing stock preserved and this house is still viable, although in
disrepair, it could be moved.
Council queried staff regarding serious interested parties for
moving the structure.
M/S Schneiter/Wattenburger determined that this structure is not
historical, cultural or architecturally significant, and approve
the demolition permit for the single family residence over 50 years
old located at 351 South Oak Street.
Councilmember Shoemaker indicated he would like to see a condition
to move this structure instead of allowing demolition, and
expressed concern for the short time allowed for receiving moving
offers.
Discussion ensued regarding allowable legal action by Council based
on the motion of the floor.
The motion was carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, Wattenburger, and Mayor Schneiter.
NOES: Councilmember Shoemaker. Absent: None.
8g. Authorize Approval to Purchase Grant Funded Radar Trailer and
Begin Implementation of Program
The Public Safety Director and Officer Chrism Dewey reported the
State of California Office of Traffic Safety has authorized the
purchase of the radar trailer ($13,985.40) and continued training
in the use of traffic grants for educating our community ($3,000).
They reported on how the solar powered radar trailer will be
implemented for speed reduction and awareness programs.
M/S Mastin/Wattenburger authorized approval to purchase grant
funded radar trailer and begin implementation of this program, with
a personal thank-you and compliment to Officer Chrism Dewey for his
efforts in securing this grant with programs. The motion was
carried by the following roll call vote: AYES: Councilmembers
Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES:
None. Absent: None.
CITY COUNCIL/REPORTS
Councilmember Mastin reported the Pumpkin festival was excellent.
Councilmember Malone reported he attended a Main Street Annual
Dinner in the new Conference Center last Friday, commended the
Pumpkin festival activities in which the weather was cooperative.
Councilmember Wattenburger commended City staff and the Pumkinfest
committee who spent a tremendous amount of time and energy to
create its success this year.
Councilmember Shoemaker noted he would like a report concerning his
Redevelopment paychecks, reported on MSWMA actions, and reported on
the League of California Cities legislative actions concerning the
proposed resolutions at the Annual conference in Long Beach that he
attended.
Mayor Schneiter reported on the Russian River Flood Control
District meeting he attended with staff, and noted he would like
Council to address hiring a legal group concerning water rights,
and he reported on the re-injection of wastewater into the geysers
in Lake County in which NCPA is participating, and reminded Council
of the candlelight vigil in front of the Civic Center regarding
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opposition to Proposition 187, concerning illegal immigration.
CITY MANAGER/DEPARTMENT HEAD REPORTS
None.
CLOSED SESSION
11a. As per Gov. Code Section 54955.9(b.l.3A) - Conference with
Legal Counsel Regarding Anticipated Litigation Regarding Regional
Water Quality,s Direction to Drill 3rd Well
The City Attorney reported on the need to confer with legal counsel
in Closed Session pertaining to the filing of injunctive
declarative relief by Ashoff vs. State Water Quality Resources
Board and City of Ukiah. He stated the City of Ukiah is required to
drill a third test well by the SWQRB workplan in order to determine
groundwater flows due to other wells showing benzene contamination.
He explained the Ashoffs contend their mineral springs have been
affected. He noted there is a need to confer with legal counsel for
advise and noted the preliminary hearing is November 18, 1994.
M/S Schneiter/Shoemaker to go into Closed Session as directed by
the City Attorney. The motion was carried by a unanimous voice vote
of all AYE.
Council entered Closed Session at 8:29 p.m. and came out at 9:05
p.m. with the City Attorney noting no action was taken.
ADJOURNMENT
./
To November 10, 1994 at 2:30 in CounCil hambers fo
City Treasurer Applicants. ~ r~nterviews of
c
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November 2, 1994
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