HomeMy WebLinkAboutMin 09-21-94MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - September 21~ 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, and Vice-Mayor Shoemaker. Absent: Mayor
Schneiter. Staff present: City Clerk McKay, City Manager Rough,
City Attorney Rapport, Assistant City Manager Rough, Planning
Director Sawyer, City Engineer/Public Works Director Kennedy, Water
Street Supervisor Borecky, and Golf/Parks Superintendent Carpenter.
2. Invocation/Pledqe of Allegiance
Councilmember Wattenburger delivered the invocation and
Councilmember Malone led the Pledge of Allegiance.
3a. Special Order of Business - Presentation of Mendocino Private
Industry_ Council (MPIC) Resolution to Del Madsen and Ray Ferauson.
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The Assistant City Manager/Community Services Director reported
that MPIC chose a ~otal of 25 supervisors out of 130 supervisors to
receive this special recognition for excellent mentoring of summer
youth temporary employees.
Vice-Mayor Shoemaker read and presented the Resolutions provided by
the Mendocino Private Industry Council for outstanding training of
youths this past summer, to Del Madsen, Custodian and Ray Ferguson
Landfill Supervisor. ,
APPROVAL/CORRECTION OF MINUTES
4a. Regular Meeting of September 7, 1994
Councilmember Malone made the following correction to the minutes
of the regular meeting of September 7, 1994 as follows: Page 10,
Item 10q. Council discussion of Solid Waste Proposal as Outlined b~
R. Shoemaker , 1st paragraph, third line, change "ve" to "be"; an~
same Item 10g., fifth paragraph, second line, change "after" to
"if".
M/S Malone/Wattenburger to approve the minutes of the regular
meeting of September 7, 1994, as corrected by Councilmember Malone.
The motion carried with a unanimous voice vote of all AYE with
Mayor Schneiter absent. '
RIGHT TO APPEAL DECISION
Vice-Mayor Shoemaker reviewed Section 1094.6 of the California Code
of Civil Procedures regarding the appeal process.
CONSENT CAI.RNDAR
Councilmember Mastin requested item 6d. Receive Report Reaardin~
Acquisition of Service Pursuant to Ukiah City Code ~or Add~tionai
Landfill Groundwater Monitoring Well pulled from the Consent
Calendar and Vice-Mayor Shoemaker pulled item 6c. Receive Report
Reqarding Award of Service Contract to Metamorphosis Hvdrosee~iRC
Inc. for Erosion Control Measures at the Ukia~ Landfill from the
Consent Calendar. They then became New Business Items 10h and 10i
respectively. · ·
Councilmember Mastin questioned Item 6h. asking if it is the normal
policy of the City to lease these items or directly purchase, and
noted the United Financial of Illinois, Inc. application fee is not
listed on the Municipal Leasing proposal.
The City Manager explained these items were included in the budget
and scheduled for lease purchase, and noted the recommended leasing
company has a prior lease with the City and therefore will not
charge the $5400 application fee.
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September 21, 1994
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M/S Wattenburger/Mastin to approve the Consent calendar as follows:
6a. Received and approved the report of August 1994 disbursements.
6b. Adopted Ordinance No. 954 approving Cleveland Lane Planned
Development.
6e. Adopted Resolution No. 95-15 authorizing the City Manager to
sign access license granting access to oxygen monitoring equipment
at Lake Mendocino power plant.
6f. Awarded bids in the amount of $17,835 for sand to Borges
Transfer and $10,700 for bank grass sod to Westcoast Turf for
capital improvement projects at the Municipal Golf Course.
6g. Authorized City Manager to execute the State Revolving Loan
Funding Program Loan Contract between the State Water Resource
Control Board and the City of Ukiah relative to the Advanced
Wastewater Treatment Project in the amount of $6,592,944.
6h. Adopted Resolution No. 95-16 authorizing Lease agreements,
signatories, and notice of intent to be reimbursed for fire engine
No. 5, Street equipment, purchasing improvements and parks garbage
truck for total equipment cost of $554,500.
6i. Received report regarding acquisition of service pursuant to
Ukiah City Code for landfill gas monitoring wells acquisition of
contractual services with EBA Wastetechnologies to drill four
additional gas monitoring wells and develop a work plan for
remediation, not to exceed $70,000.
The motion was carried by a unanimous voice vote of all AYE with
Mayor Schneiter absent.
AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Gary Green , 1221 Sequoia Plaza, PG&E representative, confirmed the
letter sent to the City Manager and Council which confirmed that
PG&E will build the fish ladder at the Eel River/Potter Valley
water diversion tunnel and will commence this upcoming Monday. He
reported PG&E will meet the October 95 deadline and apologized for
the prior decision to stop the water flow. He explained it was due
to mis-communications on the part of PG&E and assured Council they
will be informed prior to public release of information. He
reported that this power generation plant is not economically
feasible for PG&E to continue and PG&E will enter into discussions
for future ownership and operations.
Discussion ensued regarding water flow shut off times in April and
October.
Council thanked Mr. Green for his input.
UNFINISHED BUSINESS
9a. Nomination and Appointment of Plannina Commissioner bv
Resolution to Fill the Unexpired Term of Cinde~ Mavfield -
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Vice-Mayor Shoemaker reported due to the publicity and therefore
lack of interest of new applicants, he would like to see a display
ad put the newspaper for commission vacancies in the future.
Vice-Mayor Shoemaker nominated Judy Pruden to fill the unexpired
term of Cindee Mayfield on the Planning Commission, as she has been
a very active volunteer on City Committees and has great knowledge
of the general plan update process as she has been an original
member on the Growth Management Steering Committee for the past
four years.
The nomination was confirmed with the following roll call vote:
AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor
Shoemaker. NOES: None. Absent: Mayor Schneiter.
M/S Wattenburger/Malone to adopt Resolution No. 95-17, appointing
Reg. Mtg.
September 21, 1994
Page 2
Judy Pruden to fill the unexpired term of Cindee Mayfield to June
1996. The motion was carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor
Shoemaker NOES: None. Absent: Mayor Schneiter. Abstain: None.
9b. Consideration of Demolition Permit for 400 E. Perkins Street
The Planning Director reported this matter of business was tabled
from the September 7, 1994 regular Council meeting for further
information regarding on the legal and procedural differences
between Building Permits which authorize demolition and building
permits which authorize the moving of structures, as each permit
pertains to local ordinances and building code provisions. He
explained the memorandum received from the City Attorney explaining
the procedures and process for each permit.
Councilmember Malone questioned whether the building permit for
moving can be conditioned and whether CEQA will apply is this
structure is deemed historically significant.
The City Attorney explained the Building Official has the
discretion regarding the building permit provisions and compliance
according to the Uniform Building Code. He explained moving the
building cannot be conditioned to preserve it, if moved outside the
City.
David Ryan, applicant, 495 East Perkins Street, stated he is
willing to salvage the materials if this demolition permit is
approved. He explained the building is secure and being used by two
men who will be relocated. He explained the siding is not wood and
not salvageable.
Councilmember Wattenburger stated he feels a structure is not
historically significant just because a founding family lived in it
and indicated that architecture and setting should be the criteria
for determination, and not an owner.
Councilmember Mastin stated this is the last remaining structure in
the original subdivision of Ukiah and it's architectural style is
one of the last remaining, and when do we start to preserve them?
Judy Pruden, 304 South Hortense, stated there are 30 to 40 homes
left that were of the same architecture as 326 East Perkins and
there are only 6 - 10 left that are like 400 East Perkins, the
structure in question now. She stated the Redemeyers have made
significant contributions to Ukiah and their estate is responsible
for the new publication regarding the historical downtown. She
indicated this structure meets all criteria for National Historical
registration. She noted the Held and Hoffman homes ar listed on the
National register for meeting the same criteria.
David Ryan, applicant, stated there is nothing in place to prohibit
this structure's demolition if it is moved to the County.
M/S Mastin/Malone to deny the demolition permit by finding the
structure located at 400 East Perkins Street historically
significant due to the Redemeyer family history and this home is
the last structure left in Ukiah's first subdivision in Ukiah.
Vice-Mayor Shoemaker asked the applicant if this motion passes will
you actively look for someone to acquire or to try and move it out
of the City?
David Ryan, applicant stated there is somebody interested wants to
move it out of City who wants to disassemble and then reassemble
it. He indicated this structure needs to be removed to allow a
proposed birthing center medical clinic to be constructed on the
1.5 acres on the corner.
The motion was carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, and Vice-Mayor Shoemaker NOES:
Councilmember Wattenburger. Absent: Mayor Schneiter. Abstain: None.
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Reg. Mtg.
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Vice-Mayor stated this demolition permit and historical process is
in disarray and needs to be revamped. He encouraged City staff to
be accommodating to any person who wishes to move and rehabilitate
this structure within the City limits.
The City Manager reaffirmed his statement from the previous Council
meeting in which staff will be proposing a major overhaul of the
demolition permit process in the City.
PUBLIC HEARING - 7:00 p.m.
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Sa. Receive Public Comment on Proposed Chanae~bv Caltrans to Reduce
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Speed Zone on Talmaae Road Adjacent to 101 Overcrossin~ From 40
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M.P.H. to 35 M.P.H.
The City Engineer/Public Works Director reported as per a request
from the City, Caltrans is seeking a speed zone reduction along
Talmage Road to 35 M.P.H. or the posting of a recommended speed
reduction at the Talmage Road and Hwy. 101 Overcrossing. He noted
this public hearing is being conducted pursuant to Section 22354.5
of the California Vehicle Code and Caltrans will take into
consideration the results of the Public Hearing in their final
determination.
PUBLIC HEARING OPENED - 7:25 p.m.
Richard Howland, 49 Betty Street, stated as he is a resident in the
area. He expressed concern regarding the speed of traffic coming
over the overpass towards the City. He stated he feels there is a
major design problem by Caltrans regarding the angles and
landscaping bushes which obscure signage. He feels that a reduction
in speed should make a difference, but suggested speed bumps on the
highway exit ramp will help warn of upcoming stop sign, as this
exit length is too short. He indicated he is sure there will be a
very bad accident there, and commented he has had close calls. He
stated he feels Caltrans should redesign this area correctly before
a bad accident occurs.
No others came forward.
CLOSED PUBLIC HEARING - 7:28 p.m.
Councilmember Malone suggested posting warning signs regarding the
upcoming decrease in speed.
Councilmember Wattenburger stated after the new Hwy. 1010
southbound off ramp was constructed, he noticed the problem with
the bushes and feels these bushes should be removed, even though he
favors landscaping.
M/S Wattenburger/Mastin to approve the reduction of speed from 40
m.p.h, to 35 m.p.h, on Talmage Road (Route 222) from South State
Street to 264 feet east of Hastings Frontage Road and authorized
staff to negotiate a safety discussion with Caltrans to improve the
offramp exit onto Talmage Road by either modifying or removing
those bushes, to post the reduction of speed by signage or with
speed rumble spots. The motion was carried by the following roll
call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and
Vice-Mayor Shoemaker NOES: None. Absent: Mayor Schneiter. Abstain:
None.
NEW BUSINESS
10a. Report Regarding Receipt of National Science Foundation Grant.
for Grace Hudson Museum
The Assistant City Manager/Community Services Director reported the
City of Ukiah has been awarded a $75,000 grant from the National
Science Foundation for documentation of the Grace Hudson Museum's
Pomoan collections. She noted the project will be directed by Pomo
scholar Sherrie Smith-Ferri, of the department of Anthropology,
University of Washington, in addition to several others who expect
to complete this project in two years. She reported computer
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Reg. Mtg.
September 21, 1994
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138
hardware, peripherals and software will be purchased with this
grant funding, which will produce the extensive database.
It was the consensus of Council to receive this report.
10b. Adoption of Resolution ADDrovina Perfo~-mina Arts 1994-9b
Fundinq Grant~ -- - -
The Assistant City Manager/Community Services Director the Cultural
Arts Advisory Board unanimously approved recommended the award of
total grant funding of $4,000 to the two applicants of the
Mendocino Ballet for their production of Peter and the Wolf, and
the Mendocino County Arts Council for granting smaller grants to
local artists, in the amounts of $2,000 each.
M/S Malone/Mastin to adopt Resolution no. 95-18, authorizing
funding for Cultural Arts Grants 1994-95 to Mendocino Ballet in the
amount of $2,000 and to Mendocino County Arts Council in the amount
of $2,000. The motion was carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, Wattenburger, and Vice-Mayor
Shoemaker NOES: None. Absent: Mayor Schneiter. Abstain: None.
10c. Consideration of Donation to Ballet Folklorico of MendociRo
The City Manager reported as part of this years budget, there is a
an amount of $2,000 approved for assisting worthwhile community
special events which occur throughout the year. He reported the
City has received a request for $250 from the Ballet Folklorico of
Mendocino County for dance costumes.
Councilmember Malone stated this group does a wonderful job and
would like to double their requested amount.
Vice-Mayor Shoemaker stated he would agree to an additional amount
which would be leveraged for a matching grant.
M/S Wattenburger/Malone to grant twice the request for $250 to
Ballet Folklorico of Mendocino County.
Vice-Mayor Shoemaker encouraged wording to encourage other agencies
to contribute also.
Councilmember Wattenburger with agreement from Councilmember
Malone, the maker of the second, agreed to amend the motion wording
to approve the grant of $250 to Ballet Folklorico of Mendocino
County and will give another $250 if there is a matching grant from
one other donator. The motion was carried by the following roll
call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and
Vice-Mayor Shoemaker NOES: None. Absent: Mayor Schneiter Abstain:
None. ·
10d. Adoption of Resolution Chan~ing Prisoner Loadinq/UnloadiRt
Parkinq Restriction on Perkins Street from 9:00 a.m.-5:00 D.m. time
period to 7:30 a.m.-5:00 p.m, -
The City Engineer/Public Works Director reported this request was
approved by the Traffic Engineering Committee and is forwarded to
Council for consideration.
Charles Schlenski, Mendocino County Sheriff Sergeant, commented
that as requested by Schat's Bakery, he reviewed the originating
time of 7:30 a.m. and his department concludes that a starting time
of 8:00 a.m. would be sufficient to meet their needs while also
accommodating the bakery's early morning business. He explained
this early morning prisoner transportation has increased due to Ft.
Bragg jail closure and the explained the sheriff's transportation
procedures.
M/S Mastin/Malone to adopt amended Resolution No. 95-19,
designating restricted parking spaces on Perkins Street between
School and State Streets from 8:00 a.m. to 5:00 p.m. The motion was
carried by the following roll call vote: AYES: Councilmembers
Reg. Mtg.
September 21, 1994
Page 5
Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker NOES: None.
Absent: Mayor Schneiter. Abstain: None.
10e. Desianate a No Parkina Zone Between the Driveways at 841 and
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843 South Dora
The City Engineer/Public Works Director reported the Traffic
Engineering Committee reviewed a request for no parking zone
between the driveways of 841 and 843 South Dora, which is only 12
feet in length. He noted this request was approved by the Committee
and is forwarded to Council for consideration.
M/S Malone/Wattenburger to adopt Resolution N. 95-20 prohibiting
the stopping, standing or parking on certain streets. The motion
was carried by the following roll call vote: AYES: Councilmembers
Mastin, Malone, Wattenburger, and Vice-Mayor Shoemaker NOES: None.
Absent: Mayor Schneiter. Abstain: None.
10f. Adoption of Resolution Desi~natin~ a Portion of Clay Street.
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As a Throuqh Street From the West Side of State Street to the East
Side of Dora Avenu~
The City Engineer/Public Works Director reported the Traffic
Engineering Committee has recommended that Clay Street be made a
through street from State Street and Dora Street due to the new
Plaza.
Extensive discussion ensued regarding flow of traffic now and in
the future, downtown stop signs, the impacts on traffic with the
closure of Stephanion Street, the new conference center parking lot
on the corner of Clay and Oak Streets, and the Conference Center.
Vice-Mayor Shoemaker suggested having a 4-way stop at Clay and
School Streets.
Motion by Councilmember Malone to approve the recommendation as
presented. The motion died for lack of a second.
The City Manager suggested leaving the signage as is for now, until
the completion of the new plaza and parking lot and review this at
a later time.
It was the general consensus of Council to table this matter of
business and reconsider the recommendation after downtown projects
are completed, and new traffic patterns can be better determined.
10h. Receive Report Regardinq Award of Service Contract to
Metamorphosis Hydroseedinq Inc. for Erosion Control Measures at the
Ukiah Landfill
Vice-Mayor Shoemaker stated he received a phone call from a
business that was not contacted in the process of collecting
informal bids for hydroseeding.
The City Engineer/Public Works Director stated the process needed
is not the typical seeding as it requires a lime mixture on top of
the seed which protects it during the winter rains.
Discussion ensued regarding the informal bid collection process.
Vice-Mayor Shoemaker requested staff to call Mr. John Haines of
Caltrans, who is an expert on posi-cap seeding process and receive
his recommendation and experience.
The City Engineer/Public Works Director reported as allowed by
Ukiah City Code, the bid has been awarded already.
It was the consensus of Council to receive this report.
10i. Receive Report Reqarding Acquisition of Service Pursuant tO
Ukiah City Code for Additional Landfill Groundwater Monitorinq Well
Councilmember Mastin queried staff regarding the drilling site
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restoration plans, the access to the drilling sites, correspondence
received from Vichy Springs resort, timeframes, and correspondence
sent to the State Water Resources Control Board (SWRCB) from Mr.
Ashoff, approvals and directives received from the SWRCB, and well
depths and procedures.
It was the consensus of Council to receive this report which
approves SBA Wastechnologies, Inc. to proceed with the installation
of an additional groundwater well in the vicinity of wells 90-8 and
92-4 for an amount not to exceed $14,160 to be funded from acct.
661.260.
CITY COUNCIL/REPORTS
Councilmember Masti~
Reported on the event he attended for the Concilio Mexican
Admission Day celebrations last Sunday, the West Company
Entrepreneurs of the Year awards ceremony, and noted the upcoming
MTA Rodeo on September 25 at 8:30 a.m. in which he will be a judge.
Councilmember Malone
Reported he attended and participated in the last Summer Concert
series.
Councilmember Wattenburaer
Reported the MCOG meeting of the 19th was cancelled.
Vice-Mayor Shoemaker
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Reported today he attended an all day meeting of the Mendocino
Solid Waste Steering Committee, noted he attended the Concert in
the Parks sponsor reception, reported he received a letter from
Glenn McGourty regarding the tree cutting on the Helen Avenue
sidewalk project and indicated he wishes he would have been
involved in this matter first, and reported on the issues addressed
in the Mendocino Solid Waste Management Authority's meeting today.
CITY MANAGER/DEPARTMENT HEAD REPORTS
The City Manager reported he attended the Ukiah Players Dinner
theater held at the Ukiah Valley Conference Center, and reported
that the Ukiah Valley Conference Center held meetings with
Mendocino College and other colleges for use as an education site.
CLOSED SESSION
13a. Gev. Code Section 54957.6 - Conference with City Manaaer. as
City of Ukiah Negotiator~ Re~ardin~ Employee Bargai~in~ U~itS of
Miscellaneous and ElectriQ ....
Vice-Mayor Shoemaker announced the need to meet and confer in
Closed Session as per Gev. Code Section 54957.6 - Conference with
City Manager, as City of Ukiah Negotiator, Regarding Employee
Bargaining Units of Miscellaneous and Electric .
Council entered Closed Session at 8:48 p.m. and came out of Closed
Session at 9:50 p.m.
10q. Adoption of Resolution Approvinq MOU A~reements for:
Miscellaneous Unit ii. Electric Unit -
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The City Attorney noted no action was taken.
14. ADJOURNMENT
There being no further business,
p.m.
CCMIN.175
the mee~,~ was adjourned at 9:50
Cat~r~ I~I[:::~Y~"C]~C/~E, City Clerk
Reg. Mtg.
September 21, 1994
Page 7