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HomeMy WebLinkAboutMin 04-17-91108 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 17, 1991 The City Council convened in a regular meeting at 6:30 p.m., in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. Absent: None. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Public Safety Director Keplinger, Acting Community Services Director Heise, Administrative Analyst Goodrick, Executive Assistant Stamelos, Finance Director Vara, Public Works Director Goforth, Community Development Director Harris, Electric Utilities Director Roper, and Assistant City Manager Horsley. INVOCATION/PLEDGE OF ALLEGIANCE City Clerk McKay delivered the Invocation and Councilmember McMichael led the Pledge of Allegiance. SPECIAL ORDER OF BUSINESS 4a. California Conservation Corps Mayor Henderson read and presented this commendation to Mark Covello, Project Coordinator, in appreciation for the repair and patching of the Todd Grove Park perimeter rock wall. 4b. Commendation to Theodor Feibusch Mayor Henderson noted Mr. Feibusch is not in attendance and expressed her appreciation to Mr. Feibusch and his wife, Elsie, for their efforts in recently restoring the old phone building downtown, and requested this Commendation be forwarded to Mr. Feibusch. APPROVAL AND CORRECTION OF MINUTES 5a. Regular Meeting of April 3, 1991 M/S Schneiter/McMichael to approve the minutes of the regular meeting of April 3, 1991, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 5b. Regular Adjourned Meeting of April 10, 1991 M/S Schneiter/wa~tenburger to approve the minutes of the regular adjourned meeting of April 10, 1991, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Schneiter and Mayor Henderson. NOES: None. ABSTAIN: Councilmembers McMichael and Shoemaker. 6. Right to Appeal Mayor Henderson reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR 7a. Approved and authorized the payments of payroll warrants, March 17, 1991 to March 30, 1991, #38388 to 38549, in the amount of $119,422.26 and the general warrants, #50493 to 50649, in the amount of $805,539.52. 7b. Denied the claims for damages received from F&D Company for Savings Bank and National General Insurance Co. for Tammi Weselsky, referred them to the City's insurance carrier REMIF, and authorized the City Clerk to send notice of untimely claim to F&D Company for the portion of their claim with the occurrence date of July 22, 1990. 109 7c. Adopted Ordinance No. 919, Amending Chapter 2, Division 9, of the Ukiah City Code, by Rezoning Property from Existing R-i, R-l-H-2 and R-l-H-4 Zones to Planned Development, Thomas P. Hill. 7d. Adopted Ordinance No. 920 Approving Planned Development No. 90-84, Thomas P. Hill. 7e. Awarded the bid for two playground units for Oak Manor and Vinewood Parks to Miracle Recreation Equipment Company in the amount of $9,902.50, including sales tax and shipping. 7f. Awarded the bid to Western States Electric for one 150 KVA Padmount Transformer in the amount of $5,225.48 and to Westinghouse Supply Company for one 750 KVA Padmount Transformer in the amount of $11,718.30. 7g. Adopted Resolution No. 91-52, authorizing the waiver of 60 day notification for County Lease at 189-199 South School Street. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 8. Audience Comments on Non-Aqenda Items Betty Klingbeil, 619 Donner, provided Council with fundraising flyers and a status report regarding the Ukiah High School tennis court fundraising project. PETITIONS AND COMMUNICATIONS 9a. Request from Toy Gong for Permission to Destroy Dwelling Located at 401 Clara Avenue The Community Development Director reported as per Ukiah City Code Section 3016, demolition of buildings over 50 years old must be approved by the City Council. He reported that the site is not listed on the City's Architectural and Historical Resources Inventory Report, but is noted in the report for its potential future eligibility on the listing due to either, age, cultural or historic association. He stated there is a short video available for viewing of the site, if Council desires. It was the general consensus of Council to not see the video. Discussion ensued regarding type and age of homes existing in the neighborhood. Toy Gong, 600 Riverside Drive, stated it will be more costly to repair the sagging floors, frayed wiring, and overall poor condition than it would be to demolish and reconstruct a new home. He indicated he would like to build a new duplex similar to one down the street near Mervyn's. He stated the building has no occupants at this time as it is uninhabitable and dangerous. He noted the remodel estimates he has received approximates $50 per sq. ft. Judy Pruden, 304 South Hortense, stated one week ago when she viewed the building in question, she was shown the home by the tenant who lives there. She noted this building does have the potential to be listed as a architecturally or historical building and is an integral part of the neighborhood which contains several of the same style homes. She commented the current owner has owned this building for 18 years and has allowed the deterioration to occur. She stated the neighbors have expressed concern to her regarding the possible demolition of this building and indicated the current building could be repaired with an additional duplex built onto the rear for a reasonable amount of money. No others came forward to address this matter. Reg. Mtg. April 17, 1991 Page 2 110 Discussion ensued regarding possibly saving the old materials and possible design conditions for a new building. The City Attorney advised Council on the Ukiah Code Section regarding this hearing is required for Council review of any possible historical or architectural significance prior to demolition of an older than 50 year old structure. Motion by Schneiter to determine that this building is not historical or architecturally significant, and allow the demolition permit. Councilmember McMichael requested an amendment to the motion to allow a 30-day waiting period to allow any one wishing salvage of lumber, to do so. Councilmember Schneiter agreed to the amendment. M/S Schneiter/Wattenburger to determine that this building is not historical or architecturally significant, therefore allowing the demolition permit after a 30 day waiting period to allow possible salvage of materials. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. Mr. Gong stated he wishes to proceed with this demolition as soon as possible. 9b. Request from Susan Crane to Desiqnate Month of May as a Month of Mourninq Due to Persian Gulf War Susan Crane, 416 Jones Street, stated the only action the Council has taken, regarding the Persian Gulf war, is the proclamation designating March as yellow ribbon month. She indicated this expresses partial concern for only the American soldiers and requested a broader recognition of the humanitarian issues associated with the aftermath of the Persian Gulf war. She requested Council to encourage citizens of Ukiah to make positive contributions to help heal the wounds of the war, and explained projects of gathering hygiene kits, medicine and medical personnel to be sent to the affected areas of the war, and to designate by Proclamation the month of May, as a month of mourning for the environmental devastation and loss of life due to the Persian Gulf war, to be symbolized by black ribbons on the Civic Center trees. She offered Council a 27 minute viewing of the video by Ramsey Clarke of his travels through Iraq. It was the general consensus of Council to not view the video at this time. Betty Ball, Mendocino Environmental Center, encouraged Council designate the month of May as a month of mourning for the deaths and devastation of the earth in the Persian Gulf. Lisa Gregor, 2138 South State Street, stated the black ribbon is symbolic of tragedy or wrongful death and feels only one side was presented in Ukiah, by the symbolic yellow ribbons. She commented the peace movement people were surprised at the Council endorsing the yellow ribbon as it was also used as a symbol of support for the war in addition to support of our soldiers. She requested a broader perspective be represented in approving use of the black ribbon. Carolyn Dorn, 720 Pomolita Way, provided Council a handout of a list, sponsored by the American Friends Service Committee, of possible community efforts that Council could support and coordinate, to help send needed materials to the Persian Gulf, and to help with the healing of the wounds we have helped create. Erika Anzer, 215 A South Main Street, stated her support of Ms. Crane proposal, noting that 80% of tax money should be spent for human needs, which is not being done. She commented that with the terrible aftermath of war, there is a need to express our sorrow. Reg. Mtg. April 17, 1991 Page 3 111 Richard Johnson, resident, publisher of Mendocino Country Environmentalist, feels we need to have more sophisticated thinking in world affairs before we go off to war and we all bear a certain responsibility for everything that the government does in our name. He requested Council to endorse the black ribbon as they have endorsed the yellow ribbons. Dale Glase, 9050 Orr Springs Road, spoke to the issue of the harming of people in war and supports the notion of black ribbons. King Collins, 433 North State Street, spoke to the issues of Iraq using children in their military, bombing of Iraq infrastructure, and stated our elected leaders should show leadership and make this gesture of mourning. He commented on a TV survey done in Denver regarding people's knowledge of this war and surrounding issues, and noted that someday historians will be appalled at the amount of devastation we have perpetrated upon the Iraqi people and their land. He urged support of this resolution to express our doubts regarding this war and its statistics. Leslie Kirkpatrick, 925 West Standley Street, commented she feels Ukiah is a haven for beauty and safety and we need to teach our children compassion for other people and continue to keep Ukiah our haven. No others came forward. Councilmember McMichael commended the efforts of the people here tonight and noted the yellow ribbon proclamation was only support for our people sent to the Persian Gulf and not an endorsement of the war. He noted he feels he was not elected to represent the people of Ukiah for national or international policy in that it does not directly affect the community. He feels this proclamation is not appropriate in this forum. Mayor Henderson offered her apology for any misinterpretation of the yellow ribbon proclamation as it was not intended to be controversial. She indicated this is not the forum for this proclamation as it is a controversial issue. Councilmember Schneiter stated he does not wish to fragment the issues of support/nonsupport, although he understands the views of the proponents. He noted this proposed proclamation is not the proper forum to carry this message. Councilmember Shoemaker commented he would support humanitarian efforts to help the refugees of Iraq, and that this matter is difficult. Councilmember Wattenburger stated he understands, although may not completely agree with the proponents, the issues involved but he would not support this proposed proclamation. M/S Schneiter/ Wattenburger that the Council take no action on this item. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Schneiter and Mayor Henderson. NOES: Councilmember Shoemaker. Mayor Henderson noted the matter regarding community support efforts for the refugees could be agendized for future consideration by Council and thanked the group for attending. RECESS: 7:40 p.m. RECONVENED: 7:50 p.m. 10a. Western Area Power Agency Renewable Return Contract .4 MW Geysers Project The Electric Utilities Director reported on the past events and negotiations with WAPA pertaining to an escalator clause contained in the contract with WAPA that provides the City of Ukiah with .4 megawatts of capacity in connection with the our geothermal steam project at the Geysers. He noted it was discovered that WAPA owes the City of Ukiah $122,789 plus Reg. Mtg. April 17, 1991 Page 4 112 undetermined amounts for the months of January through March of 1991, with WAPA in agreement. He outlined the recommended options for Ukiah. Discussion ensued regarding the negotiations, Lake Mendocino power generation deficit due to past low flow conditions, increased load factor contributing to extra generation of power, and future Lake Mendocino generation levels. M/S Schneiter/Wattenburger to approve the letter of agreement provided by Western Area Power Agency and authorize the City Manager to execute the agreement on behalf of the City of Ukiah. Staff was authorized to apply the amount to be received from Western Area Power Agency to reduce the deficit account on our Lake Mendocino account. The motion was carried by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. 10b. Set Date of April 23, 1991 for Pre-Budget Workshop It was the general consensus of Council to set the date of April 23, 1991, from 9:00 a.m. to 3:00 p.m., for a pre-budget workshop for Council and staff. Councilmember Shoemaker expressed his time constraints for meetings during the day due to his business commitments. 10c. Spring and Fall Clean-Up Weeks - Set Dates and Review Guidelines The Public Works Director reported on the Recycling Task Force meeting of March 21, 1991, in which the recommendations for modifications to this year's spring clean up week were approved. He noted these are; 1. Allow no recyclables; 2. Limit volume to a maximum of two cubic yards per house; and 3. Provide information on locations and costs of delivering material to recycling centers and business accepting tires, large appliances, scrap metals, etc. He noted the revival of the past tradition of the first weeks in May and November designated for Clean Up Week would help facilitate a community wide beautification promotion program. Discussion ensued regarding any past rule change problems, two cubic yard volumes, and a future household toxic waste disposal day. M/S Shoemaker/ Schneiter to approve the clean-up week guideline modifications and set May 13 through 17, 1991 for the 1991 Spring Clean-Up Week, and re-establish the first weeks in November and May for future clean up weeks in Ukiah. The motion was carried by the following roll call votes: AYES: Councilmembers McMichael, Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. COUNCIL REPORTS Councilmember Shoemaker Reported on the two Mendocino Solid Waste Joint Powers Association meetings and the Farm Bureau meeting he attended. Councilmember Schneiter Reported he participated on a ride along program with the Police department Saturday, and on a meeting he attended regarding discussion regarding the MTA and MGOG. Mayor Henderson Reported that she attended the "Be Excellent" program at the High School which was co-sponsored by the City of Ukiah and thought the program was terrific. She also noted that she had attended the Sanitation District meeting and that she had cast the single Reg. Mtg. April 17, 1991 Page 5 113 vote in opposition to paying SB 2557 Property Tax Administration fees. 12. City Manaqer Reports Reported on SB 2557 legislation progress, and future meetings he will be attending. Closed Session None. Adjournment There being no further business, the/~meeting was adjourned at 8:28 p.m., to April 23, 1991, at/9:00 a.m. in the Council Chambers of the Civic Center, for a P/~e-Bu~get Workshop. C erk Reg. Mtg. April 17, 1991 Page 6