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HomeMy WebLinkAboutMin 05-18-9477 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - May 18, 1994 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:35 p.m., in the Council Chambers of the Civic Center, 300 Seminary Avenue. Roll 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, Finance Director Burt, Redevelopment/Economic Development Coordinator DeKnoblough, City Engineer/Public Works Director Kennedy, Planning Director Sawyer, Assistant to the City Manager Harris, Police Captain Budrow, Assistant City Manager Horsley, and Deputy Fire Chief Sandelin. 2. Invocation Mayor Schneiter quoted James Madison, the father of the Constitution, concerning the future of American civilization and self government guided by the ten commandments. 3. Presentation of Flaq and Pledqe of Alleqiance by Boy Scouts The Boy Scout representatives conducted the presentation of the flag by their honor guard and led the Pledge of Allegiance. Special Order of Business 4a./4b. Introduction of Boy Scouts and Report Reqardinq Boy Scouts in Government Day Events The Assistant to the City Manager reported on todays events for the Scouts who were attending Government Day and introduced the Scouts in attendance serving as Council and staff counterparts. 4b. Presentation by Mendocino County Arts Council Rhoda Teplow, Director of the Mendocino County Arts Council distributed a current newsletter and expressed appreciation for last years grant of $1,000 and explained how they distributed this funding in addition to other grant applications and projects they completed. She explained the functions and services provided by the MCAC. Council thanked Ms. Teplow for her presentation. PROCLAMATIONS 5a. Declarinq May 18, 1994 as Boy Scouts in Government Day Mayor Schneiter read and presented the Proclamation to Dave Cooper, Troop 46 Leader, who expressed appreciation to City staff planning and accommodating the Scouts in their pursuit of their Government Badge. 5b. Declarinq June 17, 1994 as Bike to Work Day Mayor Schneiter read and presented the Proclamation to Myron Zawicki of the Ukiah Wheelers, who encouraged everyone to bicycle to work on June 1, 1994. 5c. Declarinq May 15-21, 1994 as Emerqency Medical Services Week Mayor Schneiter read and presented the Proclamation to Roe Sandelin, Ukiah Fire Deputy Chief, who explained that the City of Ukiah Fire Department has been providing emergency medical service to the community for the past 40 years and noted the upcoming luncheon for survivors and rescuers on May 20, 1994. He expressed appreciation to the 78 Council for their continued support which benefits the citizens of Ukiah. 6a. Introduction of New Employee - Charley Stump, Senior Planner The Planning Director introduced Charley Stump and provided a brief biography for Council. Council welcomed Mr. Stump to the City of Ukiah organization. Approval/Correction of Minutes 7a. Reqular Meetinq of May 4, 1994 M/S Mastin/Wattenburger to approve the minutes of the regular meeting of May 4,1 994 as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. 7b. Reqular Adjourned Meetinq of May 10, 1994 M/S Mastin/Wattenburger to approve the minutes of the regular adjourned meeting of May 10, 1994, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. 8. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR M/S Shoemaker/Mastin to approve the Consent Calendar as follows: 9a. Received and accepted reports of April disbursements. 1994 9b. Adopted Resolution No. 94-50 notifying intent to vacate 800 feet of Hospital Drive, between Hospital Drive and Hamilton Street and Orchard Avenue, and set the date of the Public Hearing for June 15, 1994. 9c. Denied the claims for damages received from Lori Carter and Hilde L. Mueller and referred them to the City's insurance carrier, R.E.M.I.F. 9d. Rejected the one bid received from Ail Pure Chemical for the sum of $264 per ton and authorized staff to re-solicit for additional bids. 9e. Accepted the work as complete as performed by Ghilotti Construction Company, for Asphalt Concrete Surfacing on City Streets, Specification No. 93-13a, and directed the City Clerk to file the Notice of Completion. 10. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. UNFINISHED BUSINESS lla. Adoption of Resolution Approvinq Findinqs for Neqative Declaration and Use Permit Application No. 90-32, KMART Councilmember Shoemaker removed himself from this portion of the meeting at 7:07 p.m. due to a possible conflict of interest as he has a contractor/client relationship with one of the owners and that the recommended mitigation to this Reg. Mtg. May 18, 1994 Page 2 79 project will significantly impact his business on Brush Street. The City Attorney distributed an amended proposed Resolution and explained the changes in the last paragraph. He explained the purpose of the findings, which are legally required, is to explain the Council reasoning based upon the evidence presented, for making it's decision. He noted findings resolve factual disputes and provide the analytical link between the evidence and the Council's conclusions. He indicated that the majority of testimony was in regards to traffic and air quality, with other impacts mentioned in the study. Mayor Schneiter questioned timeframes challenges and adoption of findings. regarding The City Attorney explained the timeframe for filing a legal challenge starts upon the filing of the notice of determination with the County Clerk, which was May 5, 1994. M/S W~ttenburger/Malone to adopt Resolution No. 94-51, approving findings for approval of mitigated negative declaration and Use Permit Application No. 93-32, KMART. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Mayor Schneiter. NOES: None. Absent: Councilmember Shoemaker. llb. Authorize Mayor to Execute Addendum No. 1 to thc Aqreement to Cost Share Enqineerinq for Wastewater Syste~ Planninq, Expansion and Improvement, Dated May 19, 1992 Councilmember Shoemaker returned to the meeting at 7:12 p.m. The Public Utility Director reported the Ukiah Valley Sanitation District has approved this addendum No. 1 of the May 19, 1992 cost sharing agreement for planning and engineering costs of the wastewater system improvement project. He reported this cost sharing method is defined in the original agreement dated July 22, 1955, and this addendum requires that costs be shared on the basis of the ration of City-District sewer units as of March 31 of each year. M/S Shoemaker/Mastin to authorize the Mayor to execute addendum No. 1 to the agreement to cost share engineering for wastewater system planning, expansion and improvement, dated May 19, 1992. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. llc. Authorize Mayor to Execute Amendment No. 4 to tho Aqreement of May 21, 1992 Between the City of Ukiah and Kennedy/Jenks in the Amount of $15,500 The Public Utility Director reported this amendment to the agreement with Kennedy/Jenks Engineering is to include additional assistance for construction bidding costs for printing, advertising and distributing the bid specifications and drawings for a total cost of $15,500, which will be recovered from the $100 non-refundable charge for the plans, and is eligible for funding under the State Loan Program. M/S Malone/Wattenburger to authorize the Mayor to execute amendment No. 4 to the agreement of May 21, 1992 between the City of Ukiah and Kennedy/Jenks Consultants in the amount of $15,500. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. Reg. Mtg. May 18, 1994 Page 3 80 NEW BUSINESS 12a. Award of Contract for Audit Services for Fiscal Year 1993/94 The Finance Director reported on the six proposals received for annual audit services, and the analysis pertaining to cost, hours experience, quality of proposal, structure of the firm, and other factors. She indicated Davis Hammond and Company has greater municipal experience and lower proposal. M/S Mastin/Malone to authorize the City Manager to contract with Davis Hammon and Company to perform audit service for fiscal year 1993/94. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. 12b. Consideration of Resolution Requirinq a Permit to Consume Alcohol in Any City Park The Assistant City Manager reported there has been an increase these last few years in the number of people who are using the parks in addition to expansion of special events. She noted situations have occurred in which the use of alcohol has created a disruptive and uncomfortable atmosphere for others using the parks. She explained that the City Code allows use of alcohol during the day unless it is restricted by resolution. She explained a permit is required for consumption of alcohol at Anton Stadium and the Todd Grove Clubhouse, excluding the Pro Shop. She indicated the Public Safety Director and neighbors of all City parks support the proposal to require a permit to consume alcoholic beverages in any City parks. Discussion ensued regarding enforcement procedures, fund raising groups during the Summer Concert Series covered by a facility group use category which is supervised and permitted by the City, families who desire to picnic with a bottle of wine needing a permit, gathering outside of Todd Grove perimeter wall, and cost of permit. Mayor Schneiter questioned whether this problem is at a severe stage, such as in Southern California beaches. Police Captain Budrow cited current problems at City parks such as public drunkenness, rowdy behavior, drunk drivers flowing from parks through residential areas, fights, and verbal disputes. The City Attorney indicated there is a State law that if a person is so drunk that they pose a danger to the public, they may be arrested. Armand Brint, 215 Thompson Street, stated once the point has been reached where there is a problem with alcohol related use, history demonstrates that it will not fix itself. He explained as he is in the substance abuse assistance field, he sees the statistics daily, and provided Council a handout containing further statistical information. He recommended group training for alcohol servers at group functions. Gordon Johnson, 660 Leslie Street, asked how many of Council have not drank in the park. Deanna Vanderbile, 890 North Oak Street, reported she uses the park two times a day and has seen negative changes such as loud music, intimidation by large groups, people out of control, and the taking of public areas. She stated she is uncomfortable about her kids using the park, due to the safety issue. Reg. Mtg. May 18, 1994 Page 4 81 Discussion continued regarding how enforcement would be accomplished, how noise is enforced, and how the Police would respond to different scenarios. Councilmember Wattenburger stated as the Public Safety Director has requested this Resolution, maybe it could be reworded. Councilmember Malone stated that large rowdy groups could still be a problem without alcohol involved. Mayor Schneiter indicated his concern for a family or person from out o town, going to the Park for a picnic with a bottle of wine, and receive a negative contact with Police enforcing an unknown requirement. He would like an easy permit process which is available all the time for the general public. It was the consensus of Council to return this matter of business to staff, to bring back to Council at a future meeting. Recess - 8:04 p.m. Reconvened - 8:14 p.m. 12c. Resolution of Support for Establishment of a Service Authority for Freeway Emergency (SAFE), as Requested by Mendocino Council of Governments Councilmember Wattenburger, as a board member on the Mendocino Council of Governments, reported on this proposal to implement a program for a County wide emergency highway call box installation which will be funded with a $1.00 per vehicle registration. He explained the first step is to gather support from the Cities and County agencies. Discussion ensued regarding unknown costs, initial placement outlay, 7 to 15 miles apart is too much distance, and possible signage indicating where the closest call box is located. M/S Shoemaker/Malone to adopt Resolution No. 94-52 expressing support for establishment of a service authority for freeway emergencies. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. 12d. Consideration of Lease Renewal for South Ukiah Little League The Assistant City Manager reported the South Ukiah Little League has leased the property at the southeast section of East Gobbi Street for $1.00 since 1978, in 5 year increments. She explained the league has constructed many improvements to the property and has agreed to build a safety rail and access ladder to the scoreboard and to construct a fence on the south and west borders. She indicated the lease mandates all care and maintenance be accomplished by the League. Councilmember Malone questioned the wording that the Lessor's use of the property is not required, when in fact the City League girls softball teams are using these for their games. The City Attorney advised this lease provides for the exclusive use by the South Ukiah Little League, with other use to be approved by the City of Ukiah. Discussion ensued regarding possible wording changes. The Assistant City Manager noted South Ukiah Little League has excess fields that they allow the City to use. Reg. Mtg. May 18, 1994 Page 5 82 M/S Mastin/Wattenburger to approve the five year lease with South Ukiah Little League, as presented. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. 12e. Consideration of Resolution Approvinq Rate Schedule for the Ukiah Valley Conference Center The City Manager requested this be pulled from the agenda as it will be rescheduled as a public hearing for June 1, 1994. 13. CITY COUNCIL REPORTS Councilmember Mastin Reported he attended the Mendocino Transit Authority open house today and the Solar Exposition held in Willits. Councilmember Malone Reported he welcomed the Scouts to the Civic Center this morning and on the Sun House Guild meeting he attended. Councilmember Shoemaker Reported on the Mendocino Solid Waste Authority meeting attended today, and noted he was in Woodland and visited Jim Smith, past Editor of the Ukiah Daily Journal. He indicated he brought some of Woodlands newspapers for Council's review. Mayor Schneiter Reported he watched the girls play softball at the new field at Giorno, reported on the Ukiah Valley Sanitation District meeting he attended today, the Northern California Power Association meeting, and that he testified at the State Capital before the State Water Resources Control Board Workshop regarding Bay Area Delta Water Standards. 14. CITY MANAGER/DEPARTMENT HEAD REPORTS The City Manager reported he attended a recycling market development committee meeting last week, noted the upcoming Chamber mixer this Thursday, reminded Council of the upcoming historical performance of Clay Jenkenson as John Wesley Powell this Friday evening in the Chambers at 7:30 p.m., and noted the Ukiah Players Annual Auction/Dinner fundraiser this Saturday night will be at the Fairgrounds. 15. CLOSED SESSION (None) 16. ADJOURNMENT There being no further business, at 9:00 p.m. CCMIN.165 ourned Ca~fy MOK~-CMC/AA~, Clerk Reg. Mtg. May 18, 1994 Page 6