Loading...
HomeMy WebLinkAboutMin 08-05-92302 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 5, 1992 · The City Council convened.in a regular meeting at 6:31 p.m., in the Council Chambers of the Civic Center, 300 Seminary Avenue. Roll was taken and the following Councilmen were present: McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. Staff present: City Clerk McKay, City Treasurer Ranochak, City Manager Rough, Assistant City Manager Horsley, City Engineer Beard, Community Development Director Harris, Public Works Director Goforth, Fire Marshal Sandelin, and Acting Executive Assistant Yoast. INVOCATION/PLEDGE OF ALLEGIANCE The City Clerk delivered the Invocation and Mayor Schneiter led the Pledge of Allegiance. SPECIAL ORDER OF BUSINESS 4a. Administer Oath of Office to Newly Appointed Councilmember Sheridan Malone The City Clerk administered the Oath of Office to Co~ncilmember Malone and he took his Council seat. The Council welcomed Counc~lmember Malone. 5a. Introduction of New Employee - Peter Bushby, Firefighter/EMT II Fire Marshal Sandelin introduced new Firefighter Bushby to the Council and provided a brief biography. Mr. Bushby thanked the Council and City Manager for the opportunity to serve the City of Ukiah and it's citizens. APPROVAL/CORRECTION OF MINUTES 6a. Reqular Adjourned of Meeting of July 8 - 10, 1992 M/S Wattenburger/McMichael to approve the minutes of the regular adjourned meeting of July 8 - 10, 1992, as submitted. The motion was carried by a unanimous voice vote of all AYE, with Councilmember Malone abstaining from th~ vote. 6b. Reqular Adjourned Meetinq of July 15, 1992 · M/S Shoemaker/McMichael .to approve the minutes of the regular adjourned meeting of July 15, 1992, as submitted. The motion was carried by a unanimous voice vote of all AYE, with Councilmember Malone abstaining from the vote. 6c. Regular Meetinq of July 15, 1992 M/S Wattenburger/McMichael to approve the regular meeting of July 15, 1992, as submitted. The motion was carried by a unanimous voice vote of all AYE, with Councilmember Malone abstaining from the vote. 7. Right to Appeal Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR M/$ McMichael/Malone to approve the Consent Calendar as follows-. Sa.. Approved the Payroll Warrants, #44346 to #44533, from July 5 to 18, 1992, in %he amount of $137,362.89; and the General Warrants, #56487 to #56720, dated August 5, 1992, in the amount of $614,461.41. Bb. Denied the claim for damage received from Ludie Cardwell, and referred i~ to the City's insurance carrier, R.E.M.I.F. 8c. Received and filed the disclosure of financial interests in property by Councilmember and Redevelopment Agency Commissioner Sheridan Malone, pursuant to Section 33130 of California Health and Safety Code. Sd. Adopted Ordinance No. 928, amending Section 3290 of the Ukiah City Code which imposes certain height limits on structures within prescribed distances of the Municipal Airport and requiring instead compliance with height limits established by the Federal Aviation Administration and the California Department of Transportation. Se. Adopted Resolution No. 93-6 setting the appropriations limit at $14,877,310 for Fiscal Year 1992-93, as per Proposition 4 (Gann Initiative). 8f~ Accepted the work by Valley Slurry Seal Company, as complete for the slurry seal on City Streets, Specification No. 92-06, and directed the City Clerk to file and record th~ Notice of Completion. · 8g. Adopted Resolution No. 93-7, Authorizing Execution of Indemnity and Hold Harmless Agreement and Release in Favor of City of San Mateo for Police motorcycle training. The motion on the floor was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. UNFINISHED BUSINESS lla. Appointment of New Commissioners Mayor Schneiter reported that there are three vacancies on the Airport Commission with only Commissioner Farnbach eligible for reappointment to one more three-year term; and three vacancies on the Parks and Recreation Commission with Commissioners Farnbach and Kirch eligible for reappointment to one more three year term. He noted there are four applicants for the three Airport Commission vacancies and five applicants for the three Parks and Recreation Commission vacancies. It was the general consensus of Council for the Mayor to send a letter to the Airport Commission requesting that Rudolph Light remain as the Airport Commission representative on the Airport Land Use Element Committee through the General Plan Revision process. llai. Nomination and Confirmation of (3) Airport. Commissioners Mayor Schneiter nominated Farnbach, Johnson and Hunter to fill the three vacancies on the Airport Commission. The nominations were seconded by Councilmember McMichael. Councilmember Malone commented that he would hope that preference be given to new applicants for Commission vacancies over Commissioners that hold multiple Commission seats that are reapplying, in order to expand community participation on the various boards and commissions. Co%lncilmember Shoemaker stated that applicants should be given prior notification if this is to be a Council policy, so the applicants may make their choice of Commissions. Co~ncilmember McMichael and Mayor Schneiter indicated · 303 Reg. Mtg. August 5, 1992 Page 2 3O4 they remember that Commissioner Farnbach has stated his preference for remaining on the Airport Commission. Th~ motion on the floor was carried by a unanimous voice vote of all AYE. · llaii. Nomination and Confirmation of (3) Parks and Recreation Commissioner~ Mayor Schneiter indicated it is his preference to nominate three Commission members that currently are not serving on a Commission in order to spread the representation over more applicants. Councilmember Shoemaker indicated that no notification has been given to Mr. Farnbach and in fairness, Council should not consider this new policy at this time, but adopt it for future Commission appointments. Mayor Schneiter nominated Robert Farnbach to the Parks and Recreation Commission. The nomination was seconded by Councilmember Wattenburger. The nomination failed by the following voice vote: AYES: Councilmembers Wattenburger and Shoemaker. NOES: Councilmembers Malone, McMichael and Mayor Schneiter. Ma~or Schneiter nominated Allen Carter to the Parks and Recreation Commission. The nomination was seconded by Councilmember Wattenburger. The nomination was approved by a unanimous voice vote of all AYE. Mayor Schneiter nominated Bill England to the Parks and Recreation Commission. The nomination was seconded by Councilmember McMichael. The nomination was carried by a unanimous voice vote of all AYE. Mayor Schneiter nominated Angela Hooper to the Parks and Recreation Commission. The nomination was seconded by Councilmember Malone. The nomination was carried by a unanimous voice vote of all AYE. It was the general consensus of Council to provide Mr. Farnbach with an explanation of Council's decision. llaiv. Adoption of Resolution Approving Appointment of Three Airport and Three Parks and Recreation Commissioners M/~ Wattenburger/McMichael to adopt Resolution No. 93-8, appointing Robert Farnbach, John Johnson, and Allan Hunter, to three year terms on the Airport Commission; and Al~en Carter, Bill England and Angela Hooper to three year terms on the Parks and Recreation Commission. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. lla.iii. Nomination and Confirmation of Golf Course Committee Members (2) Assistant City Manager Horsley reported on the three applicants for the two vacancies on the Golf Course Committee. The open positions were for the Men's Golf Club and a Public Member. One appointment had to be a junior member. Mayor Schneiter nominated Peter Mirata as a junior representative for the Public Member position on the Golf Course Committee. Councilmember Shoemaker seconded the nomination. The nomination was approved with a unanimous voice vote of all AYE. Mayor Schneiter nominated Don Rones, Sr., as the Men's Golf Club representative. The nomination was seconded by Co~ncilmember McMichael. The nomination was approved with a unanimous voice vote of all AYE. Reg. Mtg. August 5, 1992 Page 3 3O5 lla.v. Adoption of Resolution Appointing Two Golf Course Committee Members to Specific Terms M/~ McMichael/Wattenburger to adopt Resolution No. 93-9, Appointing Peter Mirata as the Public Member/Junior Representative and Don Rones, Sr., as the Men's Golf Club representative, for a two year term on the Golf Course Committee. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. NEW BUSINESS 12a. Consideration of Appeal of Planning Commission's Conditions of Approval for Site Development Permit No. 92-32 by Robert Ferranti for Project Located at 640 Sidnie Court The Community Development Director reported the Planning Commission, at their July 8, 1992 meeting, approved this site development permit with conditions. He noted one of those conditions is to change the orientation of the project 180 degrees, placing the driveway on the north side of the prgperty with the rear of the units facing south, in an attempt to improve passive solar design. He explained the applicant has appealed this condition due to location of utility facilities in the relocated driveway area, which would add considerable expense to this project. Discussion ensued regarding solar calculations, tinted windows, required parking spaces, driveway length and turning radius, landscaping, and plan clarifications. Donald Ferranti, P.O. Box 259, Redwood Valley, noted that flat walls generate more heat than other walls and there is no reason to do heat calculations. He explained that the project is nicer the way it was originally designed, and with the utilities location, in addition to added expense of redesigning the project, he would scrap this project rather than construct it as conditioned by the Planning Commission. He explained the various ways he had designed the original project to conform to the neighborhood. Councilmember McMichael stated he would like to see the Planning Commission consider winter/summer heat loading calculation specifics, instead of using a subjective basis. M/S McMichael/ Wattenburger to grant the appeal of Site Development Permit Application No. 92-32. Councilmember Shoemaker suggested that perhaps the driveway could be realigned with a curve to avoid utilities and further suggested that the use of landscaping would also be a means of achieving passive solar benefits. Mr. Ferranti stated that this driveway is narrow and with curves, it would have very sharp center turns which may affect emergency vehicle access. Mayor Schneiter called for the question. The motion on the floor was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, and Mayor Schneiter. NOES: Councilmember Shoemaker. Mayor Schneiter commented the appeal is granted with the same conditions as recommended by staff. PUBLIC HEARING 12a. Consideration of Resolution Ad-iusting Water Rates Th~ Public Works Director reported the proposed water rate increase will generate sufficient revenue to accommodate Reg. Mtg. August 5, 1992 Page 4 3O6 de~t servicing and operational costs of the new water treatment plant and other operation and maintenance activities regarding the water enterprise fund. He outlined th~ proposed water rate schedule, the water fund financial 5 year projections, cost comparison for various water users in various classifications ' and usages, and water rate comparisons to other area water agencies. Councilmember McMichael commented he feels the water fund reserves are too low for an emergency. Discussion ensued regarding large commercial water users, projected growth, potential capacity, and billing calculations regarding cubic feet and gallons. PUBLIC HEARING OPENED - 7:38 p.m. Barbara Madden, 128 Orchard Avenue, requested a delay in this rate increase due to bad economic times, and noted this increase will most affect low income people. No others come forward. PUBLIC HEARING CLOSED - 7:40 p.m. Councilmember McMichael concurred this is indeed poor economic times, but our new water treatment plant was required by the State more than two years ago, and the costs must be recovered. He noted even with this increase there will be a negative water fund balance with insufficient reserves in the event of an emergency. Councilmember Malone noted that the largest increase is to single residential homes with a lower increase for multiple occupancy buildings. Mayor Schneiter commented that because the new water treatment plant loan has a favorable low 4% loan, the City can keep water rates lower than rates being charged by seven other water agencies in our area. M/S McMichael/Wattenburger to adopt Resolution No. 93-10, adopting revised schedule of water rates, effective September 1, 1992, and repealing prior water rate schedule. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 10b. Consideration of Resolution Adjustinq Golf Course Fees Assistant City Manager Horsley reported on Golf Course Committee recommendations and projects currently being implemented for maintenan6e and capital improvements to the Ukiah Municipal Golf Course. She noted the addition of a Golf Course Superintendent and the remodeling of the Community Clubhouse have been sanctioned by the Council for improvements to the golf course. The Golf Course is operated as an enterprise fund which is self supporting. She explained the proposed fees have been approved by the Golf Course Committee and referred to a comparison of nearby golf fees in which the City of Ukiah's new proposed fees are lower. She provided Council with a copy of the minutes from the recent Golf Course Committee meeting, in which the Committee recommended an Out-of-County rate of $5. Discussion ensued regarding total number of rounds played and time of play. The Assistant City Manager stated that there were 35,000 rounds played annually 10 years ago, with last year having a total of 55,000 rounds played. PUBLIC HEARING OPENED - 7:58 p.m. No 'one came forward. Reg. Mtg. August 5, 1992 Page 5 3O7 PUBLIC HEARING CLOSED - 7:59 p.m. M/S McMichael/Malone to adopt Resolution No. 93-11, Adjusting Fees for the Ukiah Municipal Golf Course, which includes an Out-of-County rate of $5. The motion was carried by the following roll .call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Recess - 8:00 p.m. Reconvened - 8:08 p.m. 10c. Consideration of Adjustment of Fees, Charges, and Miscellaneous Procedures at Municipal Solid Waste Site The Public Works Director reported the Board of Directors of the Mendocino Sol id Waste Authority recently decided to ask each member agency that operates a landfill to adopt a surcharge of 75¢ on the waste received at each facility for funding the Authority. He noted this would provide a more stable funding source for the Authority, instead of receiving funds from each Agency' s General Funds. He reported that with this surcharge, it is expected to generate $ 235,000 to $ 250,000 per year County-wide. He proceeded to explain the proposed rate schedule change. Discussion ensued regarding weighing of loads, white metal diversion, and the feasibility of measuring volumes in 1/10 inQrements. PUBLIC HEARING OPENED - 8:~0 p.m. Jim Salyer, Ukiah Solid Waste General Manager, stated that this rate increase will impact his company and in order to keep the same level of profit margin they will need to ask for a 5.1% rate increase and noted he will review this matter with staff. Rudolph Light, 616 West Church Street, noted he is also a County property owner and expressed his concern regarding illegal dumping of appliances along roadsides in the County. He requested that the City make it easier for people to dispose of those appliances containing Freon. Eric Sunsweet, County resident, commented that tires have alternative uses in construction and noted that tires should be stored until the industry and technology catches up with valuable future resource. He indicated that this rate proposal containing tire disposal rates is a disservice. PUBLIC HEARING CLOSED - 8:28 p.m. Co~ncilmember Shoemaker commented that the Mendocino Solid Waste Management Authority will be able to play a larger role in such development of ideas in the near future and noted it costs $30 to de-freon appliances. He explained the County is looking at setting up a bi-annual service for this purpose. Discussion ensued regarding tire processing, appliance processing, and illegal dumping. Councilmember Shoemaker stated this increase only reflects an additional 15¢ per can, per customer. Mayor Schneiter stated he is concerned about illegal dumping and although the City tries to keep fees down, there are many tough issues concerning solid waste that are approaching in the future. M/S Shoemaker/Malone to adopt Resolution No. 93-12, Adjusting Fees, Charges, and Procedures at the Ukiah Municipal Solid Waste site. The motion was carried by the following roll call vote: AYES: Councilmembers Malone McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Reg. Mtg. August 5, 1992 Page 6 308 10d. Matter Reqardinq Vacation of Alley Located at 205 Clara Avenue The Community Development Director reported the Council has be~n requested to vacate the alley south of Clara Avenue between Mason and Hamilton Streets. He noted this required Public Hearing was set ~t the regular Council meeting of July 15, and has been properly noticed with all affected property owners. He reported that this alley, along with several others to the north and east, appear on a 1889 map of the Wagonsellers Second Addition to the City of Ukiah. He noted several of these alleys have already been abandoned and staff feels that access into each property can be made from Clara Avenue. He reported favorable responses from property owners have been received. Mayor Schneiter stated that letters in favor of the abandonment of this alley have been received from Ukiah Medical Center, Demple Farming Company, and Brett Spenst. PUBLIC HEARING OPENED - 8:38 p.m. Barbara Madden, 200 Clara Avenue, requested Council to grant the request for vacation of this alley Susan Sher, 307 Clara Avenue, noted she only uses the alley one time a year but does receive her compost delivery through this access, but indicated this will not be a major problem. . No others came forward. PUBLIC HEARING CLOSED - 8:41 p.m. The Community Development Director noted Ms. Sher could ask Ukiah Valley Medical Hospital for permission to access her yard through their property and did indicate if this vacation is granted, the property owners will receive title to more property. 10di. Adoption of Resolution M/S Malone/McMichael to adopt Resolution No. 93-9, Vacating Alley Right-of-Way South of Clara Avenue Between Mason and Hamilton Streets. The motion was carried by the following roll call vote: AYES: Councilmembers Malone McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. NEW BUSINESS (Continued) · 12b. Establish Meetinq Format for Wal-Mart Public Hearing Proceedings Community Development Director Harris reported the Airport Industrial Park Planned Development/Wal-Mart issue has been scheduled for August 12 and 13, 1992. He indicated the same meeting format the Planning Commission used is proposed. Discussion ensued regarding public hearing speakers, timeframes, cutoff procedures, total time needed, late night deliberations, Council questioning timelines, and additional time on the third night for Council deliberation. It was the general consensus of Council to receive public testimony starting at 6:00 p.m. on August 12 and 13, 1992, with a starting time of 6:30 p.m. on August 14, 1992 for Council clarification and deliberations. 12c. Adoption of Resolution Waivinq 60-Day Noticing Requirement for Leasinq Buildinq within City Limits - 10 A-B Cherry Street (County Family Center) Reg. Mtg. August 5, 1992 Page 7 3O9 The Community Development Director reported the Department of Social Services is proposing to lease office space at 10 A and B Cherry Street, for its Family Center which provides services to families with children. They desire to be in operation by August 17, 1992, therefore, this request to waiwe Government Code Section 25351 requirements for 60-day noticing of an existing building within an incorporated City by a County agency. M/S Wattenburger/McMichael to adopt Resolution No. 93-14, waiving 60-Day noticing requirement for County of Mendocino to lease buildings at 10 A-B Cherry Court. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 12d. Selection of Council Representatives on Various Committees and Boards M/S Shoemaker/Malone to approve Council assignments as follows; Mendocino Council of (MCOG)/McMichael; MTA Directors/Wattenburger; Ukiah District/Mayor or Vice-Mayor; Committee/Mayor; Mendocino Solid Authority (JPA)/Shoemaker; County Development/City Manager or his Governments Board of Valley Sanitation City Selection Waste Management Overall Economic designee; Northern California Power Association/Schneiter and NCPA Alternate/City Manager or Electric Utility Director; Redwood Empire Municipal Ins. Fund (REMIF)/Mayor and Alternate/City Manager; ~edwood Empire Financing Authority (REFA)/City Manager; Chamber of Commerce Liaison/Malone; League of California Cities Liaison/Shoemaker; Sun House Guild/Malone; Ukiah Players Board/City Manager; Mayor/Managers Committee/Mayor/City Manager; Valley Wide Task Force/ Shoemaker and Schneiter and City Manager; Valley Wide Water Task Force/Shoemaker/City Manager or his designee; Downtown Master Plan Committee/McMichael and City Manager; Redevelopment Loan Committee/ Agency Chairman and Wattenburger; Main Street Board of Directors/Malone and City Manager. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 12e. Discussion Concerninq Ukiah Municipal Airport Per Vice-Mayor Shoemaker Councilmember Shoemaker requested Council discussion re~arding the Airport threshold offset issue. He indicated he feels it is a very important asset to our community and feels it is time to discuss the land use around the airport as Hell as the runway length. · Discussion ensued regarding runway length, commercial use, Hastings Road, and clearzone easements. The City Attorney noted that runway length and Hastings Road will be discussed during the Wal-Mart Public Hearings and further consideration by Council may be more appropriate after that time. Councilmember Wattenburger stated this matter is very important and the Council needs to give it full attention along with the Airport Commission, but feels it is appropriate to schedule a date after the Wal-Mart hearings. M/S McMichael/Wattenburger to set a future date for this discussion regarding the Airport for a joint meeting with the Airport Commission in the near future. The motion was carried by a majority voice vote of AYE with Councilmembers Malone and Shoemaker voting NOE. Councilmember Shoemaker stated that he wants to plan now to maximize the Airport and not make a decision at the Reg. Mtg. August 5, 1992 Page 8 310 Wal-Mart hearings that will affect the whole future of the Airport. He encourages Council to research all Airport documents and history. The City Manager reported that agenda item 12f. Adoption of Resolutions Approvinq Memorandum of Understandinqs for Fire and Police need to be discussed in Closed Session before any possible Council actioh. COUNCIL REPORTS Councilmember Malone Reported he has resigned from the Growth Management Steering Committee and Lee Lowery is now the Chairman. Councilmember McMichael None. Councilmember Wattenburger Reported on the Mendocino Transit Authority meeting he attended. Councilmember Shoemaker Reported on the League of California Cities Council/Managers meeting in Monterey, the Mendocino Solid Waste Authority meeting he attended, commented he attended the wonderful Chautauqua events on Friday and Saturday and thanked staff for all their efforts. Mayor Schneiter Noted upcoming Summer Concert Series dates and events, reported on the TANC meeting he attended on July 22 and 23, and welcomed Councilmember Malone to the Council. CITY MANAGER/DEPARTMENT HEAD REPORTS The City Manager noted the upcoming Redevelopment seminar he will be attending in San Jose, and noted the date and time of the electric car procession. Recess to Redevelopment - 10:05 p.m. Reconvened - 10:10 p.m. The City Attorney stated that it is necessary to go into Closed Session to discuss Public Employee Negotiations, under Brown Act regulations, Government Code Section 54957.6. CoUncil entered Closed Sespion at 10:12 p.m. Council came out of Closed Session at 11:20 p.m. M/S McMichael/Wattenburger to adopt Resolution No. 93-15, adopting Memorandum of Understanding between the City of Ukiah and the Ukiah Fire Unit and the Police Unit. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger. NOES: Councilmembers Shoemaker and Mayor Schneiter. ADJOURNMENT There being no further business, the meeting was adjourned at 11:25 p.m., to August 12,/~i1992, at ~:00 p.m. in the Council Chambers, . for Public H~a~i~gs rega/r~ing Wal-Mart C%fth~-M~y '~M~/AAE, City Clerk · Reg. Mtg. August 5, 1992 Page 9