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HomeMy WebLinkAboutMin 09-04-91161 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - September 4, 1991 The City Council convened in a regular meeting at 6:33 p.m. the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: McMichael, Shoemaker, Schneiter and Mayor Henderson. Absent: Councilmember Wattenburger. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Community Development Director Harris, Assistant Electrical Distribution Engineer Wobig, Executive Assistant Stamelos, Finance Director Vara, and Fire Operations Commander Chrzanowski. INVOCATION/PLEDGE OF ALLEGIANCE Councilmember McMichael delivered the Invocation and Councilmember Schneiter led the Pledge of Allegiance. 4. Approval/Correction of Minutes of Reqular Meeting of August 7, 1991 M/S Schneiter/Shoemaker to approve the minutes of the regular meeting of August 7, 1991, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker and Schneiter. NOES: None. ABSTAIN: Councilmember McMichael and Mayor Henderson. Absent: Councilmember Wattenburger. The City Attorney advised votes of abstention are counted as AYE votes, according to city Council policy and procedures, so therefore the minutes are approved. 5. Riqht to Appeal Mayor Henderson reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. 6. CONSENT CALENDAR Councilmember McMichael commented on item 6e. Accept Resignation of Planning Commissioner Chairman Dickey and Authorize the City Clerk to Advertise Vacancy, that a thank you letter should be sent to Mr. David Dickey, commending him for a job well done. M/S Shoemaker/Schneiter to approve the Consent Calendar as follows: 6ai. Approved the Payroll Warrants, #39956 to 40158, in the amount of $139,075.66, dated from July 21, 1991 to August 3, 1991, and the General Warrants, #62017 to 52193, in the amount of $1,242,855.88, dated August 21, 1991. 6aii. Approved the Payroll Warrants, #52196 to 52204, in the amount of $126,586.30, and the General Warrants, #52208 to 52347, in the amount of $284,884.03, dated September 4, 1991. 6b. Denied the request of Patronella Katheryn McCoy to file a late claim, and denied the claims of Kirk Lawrence, Ardele Martinez and Mr. and Mrs. Norman Stodick, Coldwell Banker, Inc., and Henry Tappin, and referred them to the City's insurance carrier, R.E.M.I.F. 6c. Approved the purchase and awarded the bid for 35 wood utility poles, as specified by Koppers Company, Inc., in the amount of $8,017.55, including tax and freight. 6d. Adopted Resolution No. 92-5, approving the weapons firing range agreement with California Highway Patrol Ukiah area office. 6e. Accepted the resignation of David Dickey from the Planning Commission and Authorized the City Clerk to advertise the Planning Commission vacancy, established 162 September 25, 1991 as the final deadline for application submittal with the proposed date of October 1, 1991, for Planning Commission applicant interviews with appointment of the new Planning Commissioner at the regular Council meeting of October 2, 1991. 6f. Accepted the work of Sequoia Surfacing as complete for the resurfacing of the tennis courts at the Ukiah High School Community Park, and directed the City Clerk to file the Notice of Completion for Resurfacing Tennis Courts Specification No. 91-19. ' 6g. Authorized the Mayor to appoint five persons to serve on the Building Code Appeals Board for the hearing requested by Vincent Corcoran. 6h. Approved the Mendocino County Task Force Governing Board Inter-Agency Agreement for Mendocino County Drug Task Force and authorized the City Manager to execute the agreement on behalf of the City. 6i. Approved the demolition permit, as requested by Pete Gallegos, for the structure located at 1117-1119 South State Street with the condition that it be effective October 5, 1991, or sooner if the materials can be salvaged or the building moved. 6j. Approved City of Ukiah joining the Amicus Brief in Regional Water Quality Control Board Hearing for City of Turlock. 6k. Approved purchase and installation of Radio equipment for Fire Department Ambulances from Masterson Communications, in the amount of $9,374.84. The motion was carried by the following roll call vote of AYES: Councilmembers McMichael, Shoemaker, Schneiter and Mayor Henderson. NOES: None. ABSTAIN: Mayor Henderson on Item 6i., only. ABSENT: Councilmember Wattenburger. 7. Audience Comments on Non-Aqenda Items No one came forward. UNFINISHED BUSINESS 9a. Confirmation of Votinq Deleqate and Alternate fo~ League of California Cities M/S Schneiter/Shoemaker approved Councilmember McMichael as the voting delegate representing the City of Ukiah at the Annual League of California Cities Conference October 13 - 16, 1991, with Mayor Henderson as the alternate voting delegate. The motion was carried by a unanimous voice vote of all AYE. NEW BUSINESS 10a. Presentation of Valley Wide Task Force Report Chairman Dr. Leroy Lowery Dr. Leroy Lowery summarized the report and thanked the Council and City staff for their support of the Task Force. He indicated the Task Force members are looking forward to the future study session with Council. 10ai. Set date for Valley Wide Task Force Report Workshop It was the general consensus of Council to set the date of September 11, 1991 at 7:00 a.m. in the Council Chambers for the Valley Wide Task Force Study Session. It was the general consensus of Council to address a Closed Session matter at this time. Reg. Mtg. September 4, 1991 Page 2 13. Closed Session The City Manager announced a Closed Session is necessary for the express and single purpose of a personnel matter for the City of Ukiah. He noted the Closed Session pertaining to pending litigation will be addressed at the end of the meeting. M/S Schneiter/McMichael to go into Closed session as recommended by the City Manager. The motion was carried by a unanimous voice vote of all AYE. Council went into Closed Session at 6:50 p.m. Council came out of Closed Session at 7:09 p.m. PUBLIC HEARING 8a. Appeal of Planning Commission's denial of Use Permit Application No. 91-39, as filed by Beacon Oil (Ultramar) gasoline service station, revising a condition of approval of Use Permit No. 87-40, relative to the prohibition of on-site sale of alcoholic beverages at 585 East Perkins Street, zoned C-N, Neighborhood Commercial District. The Community Development Director reported the applicant has requested this matter be continued to October 16, 1991, therefore staff did not provide any information in the agenda packet. M/S McMichael/Shoemaker to continue this public hearing to October 16, 1991. The motion was carried by a unanimous voice vote of all AYE. Mayor Henderson questioned if there was any person in the audience wishing to speak on this matter. No one came forward. 8b. Introduction of Ordinance for Zoning Code Amendment Application No. 91-43, revising Sections 9061, 9062, 9081, and 9082 of the Ukiah City Code relating to the allowed and permitted uses in the C-N, Neighborhood Commercial, and C-i, Light Commercial Zoning Districts, specifically requiring a use permit for the following: bars, taverns, cocktail lounges, nightclubs, billiard parlors, amusement arcades, bowling alleys, dance halls, entertainment, and tattoo parlors. The Community Development Director reported the Planning Commission considered and approved Zoning Code Amendment No. 91-43 at their meeting of August 14, 1991. He reported the amendment revises the C-N and C-1 zones to require a use permit for bars, taverns, cocktail lounges, nightclubs, billiard parlors, amusement arcades, bowling alleys, dance halls, live entertainment, and tattoo parlors. He noted the proposed Ordinance is a supplement to downtown revitalization efforts and will be a tool in evaluating appropriate uses in Ukiah's Commercial hub. Discussion ensued regarding C-2 zones, the different effects due to the variety of the types of businesses listed, and the Alcohol Beverage Control support for the Use Permit process pertaining to businesses serving alcoholic beverages. PUBLIC HEARING OPENED - 7:20 p.m. Sheridan Malone, 305 Hillcrest Avenue, Chairman of the Main Street Board and immediate past President of the Downtown Merchants Association, stated he started this process in order to allow public input addressing the impacts that a specific business may have on a neighborhood. He stated the Main Street Board and the Downtown Merchants have approved this amendment to the City Zoning Code. Reg. Mtg. September 4, 1991 Page 3 164 PUBLIC HEARING CLOSED - 7:22 p.m. Mayor Henderson questioned whether current business use would be grandfathered in. The Community Development Director answered if this Ordinance is adopted, a current business staying in the same location would be grandfathered, but if relocation should occur, then the new process would be implemented. Councilmember McMichael questioned whether remodeling or renovation by the business owner would apply. The Community Development Director answered that if the same location was used, with a site development permit, the use would be applied to that location. He noted a change in ownership would not apply. M/S Schneiter/Shoemaker to introduce the Ordinance by title only. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title of the proposed Ordinance. M/S Schneiter/Shoemaker introduced the Ordinance, Amending Division 9, Chapter 2, of the Ukiah City Zoning Code - Allowed and Permitted uses in the C-N, Neighborhood Commercial, and C-i, Light Commercial Zoning Districts. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmember Wattenburger. NEW BUSINESS (cont.) 10b. Adoption of Resolution Approving Parkinq Penalties The Finance Director reported on the proposal to increase parking citation rates by $4.00 to offset the ongoing deficit in the Parking District Fund of approximately $20,000 and to provide for anticipated increased expenditures for a new parking enforcement vehicle and increased manpower for enforcement due to area enlargement. He noted the increase would also make Ukiah's parking citation rates comparable to other similar cities. The City Manager commented that at the end of the 1990-91 fiscal year this fund had a $11,000 deficit and is projected to have a $20,000 deficit at the end of the 1991-92 fiscal year without an increase. Discussion ensued regarding parking permit fees and citations for violations. Sheridan Malone, 305 Hillcrest Avenue, stated that parking violations, as per City Code, for the parking of recreational vehicles, motorcycles, and boats in R-1 zones is very prevalent and not being enforced. He noted this results in the public right-of-way being used for storage and citation of these violations could develop more revenues for the City. The City Manager commented that this type of citation is not included in the parking fund, although the City appreciates possible revenue enhancement information. The Finance Director distributed necessary changes in the proposed parking violations bail schedule in the draft Resolution, due to updated Uniform Fire Code fines. He noted this increase is for the City portion of the fines, and does not include County or State fines. M/S Shoemaker/Schneiter to adopt Resolution No. 92-6, Recommending Bail Schedule and Penalties for Parking Violations. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Shoemaker, Reg. Mtg. September 4, 1991 Page 4 165 Schneiter and Mayor Henderson. NOES: Councilmember Wattenburger. None. Absent: 10c. Consideration and Adoption of Policy Resolution Regardinq Notification to County of Landfill Recycling Deadline The City Manager reported the City of Ukiah has reduced its waste stream into the Municipal landfill site by an estimated 30% in its initial recycling efforts. He noted that this figure will increase with additional recycling programs and is significant to the increase of the landfill's life expectancy. He stated that the landfill receives 65% of its waste from the unincorporated areas of the County, and if the City's goals and objectives for reducing waste entering the landfill are going to be met, it is imperative and logical that similar recycling programs be made available to the County residents that use the City's landfill as the repository for their waste. He stated the proposed deadline for County conformance is January 1, 1992. Discussion ensued regarding possible wording regarding transfer stations and diversion of recyclables. Michael Sweeney, P.O. Box 309, Redwood Valley, commended the City for its efforts at waste reduction and commented that this Resolution will be helpful for the whole County in its progress towards diversion. Dan Chia, P.O. Box 143, Ukiah, Environmental Issues Coordinator at U.C. Davis, stated we shouldn't ignore the issue of purchasing recycled products so that the cycle is complete, and encouraged the City to implement a policy to require the purchasing of all recycled products and consumer goods. He distributed a report from the City of Davis pertaining to mandatory purchasing of recycled paper, other consumable goods, equipment and machinery and consultant contracts. The City Manager noted that staff is currently researching these issues. M/S Shoemaker/Schneiter to adopt Resolution No. 92-7, setting a deadline for implementation of recycling programs for unincorporated areas serviced by the City owned landfill, with the amended wording on Page 2, No. 2, second sentence, omit the words "removal of" and replace with the words "diverting and removing". The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmember Wattenburger. Councilmember McMichael suggested that this issue be explained in the citizen newsletter that is mailed with the utility bills. 10d. Award of Bid for Contracted Fire Department Advanced Life Support Billinq Services The City Manager noted this matter was included in the ambulance budget proposed during budget hearings. The Fire Operations Commander reported on the four proposals received for medical billing services for the Ukiah Fire Department Ambulance service. The City Manager explained the proposed figures received from Melinda J. Toney. He explained that she has extensive documented experience in the field of pre-hospital care billing, her excellant reputation and was the only local proposal received, which will facilitate better communications and service, therefore staff recommends approval. Reg. Mtg. September 4, 1991 Page 5 Discussion ensued regarding interpretation of adjudicated claims, electronic billing advantages. It was pointed out that this specialized service cannot be incorporated into any of the City's current services. The City Manager explained Council acceptance for the proposal from Melinda J. Toney is requested, and a one year contract will be negotiated for this service by the City Manager and will be provided for Council approval. M/S McMichael/Schneiter to accept the proposal from Melinda J. Toney. The motion was carried by the following roll call vote: AYES: Councilmember McMichael, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmember Wattenburger. Sandy Harrington, 855 Waugh Lane, expressed her concern that the American Medical Management proposal for the same services is for a flat $500 per month proposal which is less money than the $10,000 per year proposal form Melinda J. Toney. The City Manager explained that having a local billing service is crucial to the success of the operation. Ms. Harrington noted that by using the U.S. Postal Service and federal express would be adequate accessibility for a company located in Novato. The City Manager asked Ms. Harrington if she is the Office Manager of Ukiah Ambulance. Ms. Harrington stated she is, but is speaking as a concerned citizen. Discussion ensued regarding staff research and evaluation of the proposals. Councilmember Shoemaker commented that new service proposals traditionally bid low in order to obtain customers, and he feels in this case, it is best for the City of Ukiah to obtain a local, experienced contracted service. The City Manager explained that staff has researched and evaluated these four proposals, and it is the staff's evaluation that Melinda J. Toney's proposal will best serve the City of Ukiah for ambulance billing services. Ms. Harrington stated she disagrees with the staff evaluation of these proposals. 10e. Authorize the City Manaqer to enter into Aqreement for Energy Audit Services for Fiscal Year 1991-92 The Assistant Electrical Distribution Engineer reported on last years energy audit services provided by North Coast Energy Services and the 1991-92 additional services proposed for energy education brochures, audit service advertising, increasing the number of residential audits to 150 and 60 commercial audits for an amount not to exceed $33,000. Councilmember McMichael recommended developing ways to encourage implementation of energy savings, such as a possible service to do the energy savings home improvements for those that are unable to do so, themselves. The Assistant Electrical Distribution Engineer noted it is being considered. The City Manager noted changes in the proposed agreement in "Description of Service" the last part of the paragraph 1, , last sentence was changed from "Specifically identified by the City to "as approved by the City"; and at the end of the agreement, add "Identify City electric customers eligible for energy audits" under the heading of Reg. Mtg. September 4, 1991 Page 6 167 Description of Service and Activities. He stated this amended wording was requested by Nancy Johnson, Auditor for North Coast Energy Services, Inc. to allow NCES more flexibility for the canvassing of areas for energy audits. M/S Schneiter/McMichael to authorize the City Manager to execute the amended contract with North Coast Energy Services for energy audit services for fiscal year 1991/92. The motion was carried by an unanimous voice vote of all AYE. Absent: Councilmember Wattenburger. COUNCILMEMBER REPORTS Councilmember Schneiter Reported on the Redwood Empire Division League of California Cities business meeting he attended in Eureka on August 17, 1991, and noted that Mendocino Transit Association is requesting comments on their change in transfer points by October let. Councilmember Shoemaker Reported on the Mendocino Solid Waste Authority meeting he attended. Mayor Henderson Reported on the Sanitation District Board meeting she attended. 12. City Manager/Department Head Reports City Manaqer Reported that there will be an Air Quality Pollution Control meeting pertaining to Masonite September 5, 1991 here in the Council Chambers, noted the Sun House reception on Saturday from 5 to 7 p.m. for the opening of the exhibit "Ours to Determine: Formation and Re-formation of Community". CLOSED SESSION The City Attorney stated a need to go into Closed Session under the Pending/Threatened Litigation exception to the Brown Act, Government Code Section 54956.9 Subsection A and B, for discussion of pending/threatened litigation regarding City of Ukiah vs. County of Mendocino, Mendocino County Superior Court Case No.62563, and Cohen vs. City of Ukiah, Mendocino County Superior Court Case No. 60987. M/S McMichael/Schneiter to go into Closed Session as recommended by the City Attorney. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Absent: Councilmember Wattenburger. Council entered Closed Session at 8:30 p.m. Council came out of Closed Session at 9:20 p.m. The City Attorney noted there was no action taken. ADJOURNMENT There being no further business, at 9:20 p.m., the meeting was adjourned to September 11, 1991, at 7:00 a.m., for a Valley Wide Task Force Report Stu~ Session, in the Council Chambers of the Civic Center. CCMIN.72 C~th~ ~d~~ity Clerk Reg. Mtg. September 4, 1991 Page 7