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HomeMy WebLinkAboutMin 05-16-90463 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - May 16, 1990 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: Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Community Development Director Harris, City Engineer/Public Works Director Pedroncelli, Electric Utilities Director Roper, Administrative Secretary to the City Manager Stamelos and Parks and Recreation Director McCarty. INVOCATION/PLEDGE OF ALLEGIANCE City Clerk McKay delivered the Invocation and Councilmember Hickey led the Pledge of Allegiance. SPECIAL ORDER OF BUSINESS Mayor Henderson read and presented a Proclamation to Brett Colombini for recognition of his outstanding Ukiah High School wrestling achievements. APPROVAL/CORRECTION OF MINUTES 5a. Reqular Meeting of April 18, 1990 Mayor Henderson made the following corrections, as follows: Page 7, third paragraph from the bottom of the page, first line, omit the words "a Riverside Park" and replace with "city property located at the end of Gobbi;" Page 7, last paragraph, third sentence, add the word "agricultural" after the word "adjoining." M/S Schneiter/Wattenburger to approve the minutes of the regular meeting of April 18, 1990, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Hickey. 5b. Reqular Meetinq of April 30, 1990 Mayor Henderson made the following corrections to the minutes of the regular adjourned meeting of April 30, 1990, as follows: Page 1, ninth paragraph, third line, add the word "possibly" after the word "to;" Page 2, first paragraph, second line, omit the word "a" and replace with "the"; Page 2, first paragraph, third line, omit the words "at the Civic Center;" Page 2, fourth paragraph, fourth line, omit the word "which" and replace with the word "but;" same page and paragraph, sixth line, omit the word "has" and replace with the word "have." M/S Wattenburger/Schneiter approved the minutes of the regular adjourned meeting of April 30, 1990, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Hickey. 5c. Regular Meeting of May 2, 1990 Mayor Henderson made the following corrections: Page 1, Item 4b., second line, noted the correct spelling is "Boesel;" Page 4, Item 10c., omit "This was the general consensus of Council." M/S Shoemaker/Schneiter approved the minutes of the regular meeting of May 2, 1990, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, and Mayor Henderson. NOES: None. ABSTAIN: Councilmembers Wattenburger and Hickey. 464 RIGHT TO APPEAL DECISION Mayor Henderson reviewed Section 1094.6 of the Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR Councilmember Shoemaker questioned how many bids were received for automating the Todd Grove Park irrigation system. The City Manager reported only one bid was received. Councilmember Shoemaker noted he has no problem with the bid submitted. M/S Schneiter/Shoemaker approved the Consent Calendar as follows: 7a. Approved the Payroll Warrants, #34174 to 34328, from April 19 to April 28, 1990, in the amount of $111,101.69 and the General Warrants, #46433 to 46606, in the amount of $1,927,044.05. 7b. Adopted Ordinance No. 906, Amending Ordinance No. 663, As Amended by Ordinance No. 876, Establishing a Redevelopment Agency. 7c. Authorized the City Clerk to notify and request applications from Commissioners eligible for reappointment and to post and publish the upcoming Commission vacancies occurring on June 30, 1990. 7d. Authorized the City Manager to prepare and distribute request for proposal's for 1990-91 legal publishing services. 7e. Awarded the bid for asphalt concrete resurfacing of certain city streets to Ghilotti Brothers, Inc., in the amount of $76,869.50. 7f. Awarded the bid for #2 AWG, 15KV Aluminum Cable to Davis, Gregory and Doll Co., in the amount of $11,116.41. 7g. Awarded the bid for 4/0, 15KV Aluminum Cable to Power Comm, in the amount of $28,480.31. 7h. Appointed City Manager Charles L. Rough, as City representative to the Ukiah Community Players Board of Directors. 7i. Authorized the Mayor to sign a one year lease agreement with the Concilio Latino Americano Garden Project for a portion of the Ranney Collector site. 7j. Awarded the bid for automating the irrigation system at Todd Grove Park to Mill Creek Nursery, Inc., in the amount of $20,490.00 and approved the expenditure of $5,490.00 from the Park Development Fund in order to complete this project. 7k. Accepted the Report of Administrative Actions and Proposals (R.A.A.P.). The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Hickey. UNFINISHED BUSINESS 10a. Introduction of Ordinance Restricting Commercial Vehicle Parking in Residential Zones The City Manager requested that this item be deferred until next meeting. He noted the matter concerns on-site parking which is Reg. Mtg. May 16, 1990 Page 2 465 addressed in the zoning code and any amendments to the zoning code require Planning Commission public hearings. Council concurred. 10b. Adoption of Resolution Approving Mendocino County Hazardous Waste Management Plan The City Engineer/Public Works Director reported this item was continued from the Council meeting of May 2, 1990, to allow Council additional time for reading this document. He noted that Mendocino County Environmental Health Director Jerry Davis had indicated he would be here to answer any questions but has not yet arrived. ' Councilmember Shoemaker asked if staff had found any inconsistencies for the City in this County document? The City Engineer answered that City staff was involved in the formulation of this document and he feels there are no problems for the City regarding this Hazardous Waste Plan. M/S Shoemaker/Hickey to adopt Resolution No. 90-48, Approving the County Hazardous Waste Management Plan for the County of Mendocino, State of California. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. 10c. Establish May 21, 1990 for Special Council Meetinq t¢ Discuss City Manager's Recommendation Concerning the Sun House/Grace Hudson Museum The City Manager reported a change from his original recommendation for the date of May 21 until after the Council has received his total budget recommendations during the first week of June. He recommended setting a date for the second week of June for this matter. It was the general consensus of Council to meet on June 7, 1990 at 6:30 p.m., to discuss the City Manager's recommendation concerning the Sun House/Grace Hudson Museum. 10d. Nomination of City Appointed Public Members to thc Valley-Wide Task Force Mayor Henderson reported she has spoken with Dr. Lowery who is retiring as President of Mendocino College and he is very interested in serving on this Task Force. As such, Mayor Henderson submitted a memo to the City Council recommending Dr. Leroy Lowery as one of the City's two public member appointments to the Task Force. The second member appointment was continued to a future meeting. Mayor Henderson nominated Dr. Leroy Lowery. Councilmember Schneiter seconded the nomination. The nomination was approved by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter Hickey and Mayor Henderson NOES: None. ' · NEW BUSINESS lla. Introduction of Ordinance Authorizing Citation Authority .to the Building Inspector The Community Development Director reported that this proposed Ordinance will improve enforcement of housing and building codes and will help address significant housing concerns that have occurred in the past. He commented that the Building Inspector is well suited for this authority. Reg. Mtg. May 16, 1990 Page 3 466 The City Attorney indicated that under the State Building Code, the Building Inspector already has this authority, however adoption of this enabling resolution was necessary in order to implement it on a local level. Discussion ensued regarding penalty assessments, current police enforcement, encouragement for voluntary compliance, and possible future additional workload impacting the District Attorney's office. The City Manager indicated that this action by the Council would represent a shift in policy direction from a laissez-faire approach to building inspections to a more proactive direction for the program. He emphasized that such a new direction would still involve considerable restraint and judicious application of this authority. Councilmember Hickey stated that with our current Building Inspector, Clif Shepard, we need not be concerned about over exertion of power. M/S Schneiter/Hickey to read title only for the first reading of this proposed Ordinance that adds Section 452 to the Ukiah City Code to Authorize the Building Official to Issue Citations. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title only of the proposed Ordinance. M/S Schneiter/Wattenburger to introduce the Ordinance of the City Council if the City of Ukiah Adding Section 452 to the Ukiah City Code to Authorize Building Official to Issue Citations. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. PUBLIC HEARING 9a. Adoption of Resolution Directinq the Abatement of Weeds, Rubbish, Refuse and Dirt on Certain Parcels of Land in the City of Ukiah The City Engineer/Public Works Director reported that this is the second step in the City's annual weed abatement program that allows for listed property owners to express any objections they might have. He noted that as of this meeting the list of property owners has been reduced by half of the total list provided for Council tonight, by voluntary abatement compliance. PUBLIC HEARING OPEN - 7:09 p.m. Barbara Madden, address not given, questioned why the rules are not enforced for everyone, such as the Railroad properties adjoining the railroad tracks, which always have weeds. The City Manager responded that the Railroads don't answer to municipalities, but noted he will send them a letter requesting their cooperation. No others came forward. PUBLIC HEARING CLOSED - 7:11 p.m. M/S Hickey/Schneiter to adopt Resolution No. 90-46A, Directing the Abatement of Weeds, Rubbish, Refuse and Dirt on Certain Parcels of Land in the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. 9b. Adoption of Resolution Establishing South Orchard Avenuc and East Gobbi Street Traffic Siqnalization Fee Reg. Mtg. May 16, 1990 Page 4 467 The City Engineer/Public Works Director reported that these proposed traffic signalization improvements will be located at the intersection of South Orchard Avenue and East Gobbi Street which will include pedestrian handicap ramps and crosswalk striping. He stated that possible total revenue from the proposed assessments on vacant parcels will approximately equal 52% of the total estimated cost of $182,200. Discussion ensued regarding how the proposed fees were generated, average daily trips, increase in traffic from altered traffic flow patterns of citizens, past yearly construction cost increases, and if city funds are available. The City Attorney advised Council a separate interest bearing account must be set up and used for these fees and if not used within five years, the fees must be refunded. PUBLIC HEARING OPEN - 7:18 p.m. Harold Madden, 128 Orchard Avenue, commented this signal is a good idea but the corners should be wide enough to allow trucks coming from the freeway, access into the City. He noted this is a common problem in existing intersections in other parts of town. No others came forward. PUBLIC HEARING CLOSED - 7:19 p.m. The City Engineer stated they will address this matter as they are aware of downtown corner radius problems. Councilmember Schneiter asked if the southeast corner on Perkins will be increased with the upcoming undergrounding of Perkins Street? The City Engineer answered yes, they can move the pole and increase the radius after the undergrounding. M/S Hickey/Shoemaker to adopt Resolution No. 90-47, Establishing South Orchard Avenue and East Gobbi Street Traffic Signalization Fee Within The City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. NEW BUSINESS (cont.) llb. Establishment of Council Dates for June Budget Hearings It was the general consensus of Council to agendize other Agency contribution requests for the beginning of the Budget Hearing process and to set the dates for Budget Hearings for June 25, 26, and 27, 1990, starting at 9:00 a.m. llc. Matter of July Council Meetinq Dates The City Manager noted with the first Council meeting, July 4th, which is a legal holiday and with no quorum of Council for the second meeting in July due to Council's attendance at the League of California's Mayors and Councilmembers Conference, he requested Council to set a date for one Council meeting in July. It was the general consensus of Council to set the date of July 5, 1990, at 6:30 p.m., for one Council meeting in July and cancelled the July 18, 1990 meeting. Reg. Mtg. May 16, 1990 Page 5 468 CITY COUNCIL REPORTS Councilmember Shoemaker Reported there is now a styrofoam recycling plant operating in Fremont and hopes this information will be provided to the Recycling Committee. CLOSED SESSION The City Attorney reported Closed Session discussion is needed for Memorandum of Understanding negotiations and the proposed land exchange between the City of Ukiah and the County of Mendocino which involves the Library property, 80 acres of hillside property and the back nine holes of the Golf Course. The City Attorney recommended going into Closed Session under the Pending/Threatened Litigation exception of the Brown Act, Section 54956.9, Subsection A of the Government Code, which requires a motion from the Council, to discuss the following; 1. Mendocino Environmental Center vs. City of Ukiah, et. al., Mendocino County Superior Court Case Nos. 59987 and 60148 M/S Schneiter/Wattenburger to go into Closed Session to discuss Pending/Threatened Litigation allowed under Section 54956.9, Subsection A of the Government Code, Mendocino County Superior Court Case Nos. 59987 and 60148, Mendocino Environmental Center vs. City of Ukiah, et.al. The motion was carried by a unanimous voice vote of all AYE. Recess - 7:40 p.m. Reconvened - 7:50 p.m. Council went into Closed Session at 7:50 p.m. Council came out of Closed Session at 8:16 p.m. Recess to Redevelopment - 8:16 p.m. Reconvened at 8:18 p.m. Council reentered Closed Session at 8:18 p.m. Council came out of Closed Session at 9:05 p.m. The City Attorney announced the following action taken in Closed Session. M/S Shoemaker/Hickey authorized the City Attorney to sign the stipulation settling the Mendocino Environmental Center vs. City of Ukiah, Case Nos. 59987 and 60148, provided the other parties approve the stipulation as proposed. The motion was carried by a unanimous voice vote of all AYE. ADJOURNMENT There being no further business, 9:05 p.m. CCMIN.32 Cat~y- ~ing was adjourned at / erk Reg. Mtg. May 16, 1990 Page 6