HomeMy WebLinkAboutMin 01-17-90399
MINUTES OF THE CITY COUNCIL OF THE
CITY OF UKIAH - JANUARY 17, 1990
The City Council convened in a regular session at 6:37 p.m. in
the Council Chambers at the Civic Center, 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, Interim City Manager Watson, City Manager Rough,
City Attorney Rapport, Community Development Director Harris,
Assistant City Manager Horsley, Public Works Director/City
Engineer Pedroncelli, Fire Chief Mitchell, Deputy Fire Chief
Sandelin, Grace Hudson Museum Director Abel-Vidor and
Administrative Secretary to the City Manager Stamelos.
INVOCATION/PLEDGE OF ALLEGIANCE
Councilmember Hickey delivered the Invocation and Councilmember
Schneiter led the Pledge of Allegiance.
INTRODUCTION OF NEW CITY MANAGER - CHARLES L. ROUGH
The Mayor introduced the new City Manager for the City of
Ukiah, Chuck Rough, and noted he has been on board since
January 2, 1990.
APPROVAL OF AGENDA
M/S Hickey/Schneiter to approve the agenda of January 17, 1990.
The motion was carried by a unanimous voice vote of all AYE.
APPROVAL/CORRECTION OF MINUTES
Mayor Henderson made the following corrections to the City
Council minutes of the regular meeting of December 20, 1989, as
follows; Page 4, Item 10e., 5th paragraph, 2nd line, change
"reveiw" to "review"; and Page 4, Item 10e., 7th paragraph,
5th line, strike the word "of" after the word "Watsonville".
M/S Wattenburger/Hickey to approve the minutes of the regular
Council meeting of December 20, 1989, as amended. The motion
was carried by the following roll call vote: AYES:
Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and
Mayor Henderson. NOES: None.
RIGHT TO APPEAT,
Mayor Henderson reviewed Section 1094.6 of the California Code
of Civil procedures regarding the appeal process.
CONSENT CALENDAR
Councilmember Shoemaker questioned when Item 8c. would take
effect and the City Attorney answered that Ordinances take
effect 30 days after adoption.
M/S Wattenburger/Hickey to approve Consent Calendar Items 8a,
8b, 8c, 8d, 8e, 8f, and 8g, as follows;
8a.i. Approved the Payroll Warrants from December 10, 1989 to
December 23, 1989, #28583 to 28730, in the amount of
$117,899.10 and the General Warrants of January 3, 1990, #44746
to 44842, in the amount of $257,161.14.
8a.ii. Approved the Payroll Warrants from December 24, 1989 to
January 6, 1990, #32953 to 33098, in the amount of $109,151.64
and the General Warrants of January 17, 1990, #44843 to 44994,
in the amount of $687,877.35.
Bb. Denied the Claim for Damages of Marjorie Jensen and
referred this claim to the City's insurance carrier, R.E.M.I.F.
4OO
8c. Adopted Ordinance No.898, Amending Division 6, Chapter 3,
Articles 1 and 2, and Chapter 6 of the Ukiah Municipal Code,
entitled, respectively, Fire Prevention Code and Outdoor
Burning and repealing Chapter 4, entitled, Fires.
8d. Authorized the City Manager to execute the Loan Agreement
with the State of California, Division of Aeronautics, for a
loan amount of $150,000.00.
8e. Continued the request for a Demolition Permit for structure
at 334 No. Main Street to February 7, 1990, and referred the
matter to Main Street Design Committee for recommendations.
8f. Authorized the renewal of the the Joint Powers Agreement
for Mendocino Transit Authority, Fiscal Year 1990/91.
8g. Approved 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, Hickey and
Mayor Henderson. NOES: none.
AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Mory McCloud, 301 Snuffin Street, reported the civic
Center flags are not being illuminated at night and believes
this is a violation of the law.
PETITIONS AND COMMUNICATIONS
lla. Letter from Parks, Recreation and Cultural Arts
Commission Raising Concerns and Requesting Joint Meeting with
City Council
The Interim City Manager reported on his meetings with the
Parks, Recreation and Cultural Arts Commission and accepted
full responsibility for the lack of communication that has
occurred with this Commission.
Councilmember Shoemaker stated he feels that Council needs to
evaluate its own needs and goals regarding this Commission to
provide clear direction for them at a future joint meeting.
It was the general consensus of Council to accept the letter
and agendize the matter of direction, as determined by
Council, for the Parks , Recreation and Cultural Arts
Commission in mid March, and schedule a joint meeting between
the Council and the Parks, Recreation and Cultural Arts
Commission in approximately 90 days with a letter of response
to be sent by the Mayor to the Chairman of the Parks,
Recreation and Cultural Arts Commission.
UNFINISHED BUSINESS
12a. Update on Curbside Recyclinq Contract
The City Attorney stated that recent developments in the course
of negotiations have occurred, that, in his opinion create a
substantial exposure to litigation within the meaning of the
Brown Act, Gov. Code Section 54956.9, Subsection Bi, which
allows the Council to go into Closed Session to discuss this
matter with him.
M/S Schneiter/Shoemaker to go into Closed Session under the
Pending/Litigation exception of the Brown Act, Government Code
Section 54956.9. The motion was carried by the following roll
call vote: AYES: Councilmembers Wattenburger, Shoemaker,
Schneiter, Hickey and Mayor Henderson. NOES: None.
Council went into Closed Session at 6:58 p.m.
Reg. Mtg.
January 17, 1990
Page 2
401
Council reconvened at 7:48 p.m.
The City Attorney stated that at the last Council meeting,
Councilmember Wattenburger disqualified himself as he thought
he might have a conflict of interest, but upon further research
he has determined that Councilmember Wattenburger does not have
a conflict of interest and therefore he can participate in
these deliberations on this matter.
The Assistant City Manager provided an update on recent
developments in contract negotiations with Ukiah Solid Waste
which have resulted in an increase in their original bid for
curbside recycling of $.95 to $2.26 per household per month.
Discussion ensued regarding wording in the Request for
Proposals and the proposal submitted by Jerry Ward, who is not
involved in the operations of Ukiah Solid Waste.
Councilmember Wattenburger stated that. the Council has promised
curbside recycling for the citizens since last March and
indicated he wants to take care of this matter tonight.
M/S Shoemaker/Henderson directed staff to conclude these
negotiations within 7 days under the original guidelines of the
original proposal, which includes bonds, insurance, and does
not include new employees, and to add tin into the proposal.
Councilmember Shoemaker amended his motion to include the
wording; "Staff may enter into negotiations with whatever
company the Council desires." Mayor Henderson, the maker of the
second, agreed to the amendment.
The City Attorney asked for clarification.
Discussion ensued regarding how Staff would communicate with
Council.
M/S Shoemaker/Henderson reworded the prior motion to: "To
continue negotiations with Ukiah Solid Waste initially, but to
ultimately consummate some type of recommended agreement by the
next Council meeting." This motion was carried by the following
roll call vote: AYES: Councilmembers Shoemaker, Schneiter,
Hickey and Mayor Henderson. NOES: Councilmember Wattenburger.
Kevin Wallbridge, General Manager of Empire Waste
Management, 3400 Standish Ave., Santa Rosa, stated that
their original proposal included tin cans, plastics, no hidden
costs, and includes a public education program for $1.01 per
household per month, and assured the Council that this offer
still stands.
Recess 8:05 p.m.
PUBLIC HEARING
Reconvened 8:11 p.m.
10a. Imposition of Fees for Impounded Vehicles
i. Introduction of Ordinance
ii. Adoption of Resolution
The City Manager noted that the police department tows
approximately 300-400 vehicles a year for willful violations of
the Vehicle Code, including drunk driving, unlicensed driver,
unregistered vehicle, ect., which results in 1/2 hour of the
police officer's time, 1/2 hour of a record clerk's time and
1/4 of a dispatcher's time at a cost to the City in excess of
$35.00. He reported that current law authorizes the imposition
of service fees to recover the cost of this service.
Discussion ensued regarding possible recovery of this fee if
the accused is found to be innocent.
PUBLIC HEARING OPENED - 8:19 p.m.
Reg. Mtg.
January 17, 1990
Page 3
4O3
Ted Feibush, 240 So. Highland Ave., stated he is opposed to
any electric rate increase and feels the City should not be in
the electric business.
No others came forward.
PUBLIC HEARING CLOSED 8:40 p.m.
Councilmember Schneiter stated he is opposed to electric rate
adjustments that are based on a rate that is fixed by the
Public Utility Commission and feels that the City of Ukiah
needs to set their own rate separate from PG&E.
M/S Hickey/Henderson to adopt Resolution No. 90-32, Adopting
Electric Rate Schedules. The motion was carried by the
following roll call vote: AYES: Councilmembers Shoemaker,
Hickey and Mayor Henderson. NOES: Councilmember Wattenburger
and Schneiter.
10c. Use Permit No. 89-127, Modification to Land Use
Categories and Area Desiqnations within the Airport Industrial
Park Planned Development
i. Adoption of Resolution
The Community Development Director reported the Airport
Industrial Park Planned Development regulations designate
particular land uses in identified areas and noted that greater
flexibility in meeting development demands will be beneficial
to economic development within the community. The changes in
the Planned Development documentation are proposed to allow
greater diversity of uses in the 25+ acres between Talmage Rd.
and Commerce Drive.
PUBLIC HEARING OPEN - 8:48 p.m.
Sheridan Malone, 305 Hillcrest Ave., commented that only the
two block upper north section is being amended to be the same
as the southern section.
John McCowen, P.O. Box 454, stated he attended the Planning
Commission meeting when this matter was addressed, and
commented that he heard concerns of a retail operation instead
of the originally planned industrial and suggested possible
limitation of square footage to prevent small businesses
leaving downtown.
No others came forward.
PUBLIC HEARING CLOSED - 9:51 p.m.
Discussion ensued regarding types of business allowed, possible
limitation of square footage, and traffic patterns.
M/S Schneiter/Wattenburger to adopt Resolution No. 90-33,
Approving Use Permit 89-127 and Amending Use Permit No. 81-39,
Airport Industrial Park. The motion was carried by the
following roll call vote: AYES: Councilmembers Wattenburger,
Schneiter, Hickey and Mayor Henderson. NOES: Councilmember
Shoemaker.
M/S Shoemaker/Schneiter directed staff to explore the
possibility of restricting retail store size in this
development area.
Discussion ensued regarding square footage restrictions
affecting businesses.
Councilmember Shoemaker clarified his motion that staff should
look at what is ~appropriate minimum building size to not allow
small strip retail stores in this area.
Reg. Mtg.
January 17, 1990
Page 5
404
The motion failed by the following roll call vote: AYES:
Councilmembers Shoemaker and Mayor Henderson. NOES:
Councilmembers Wattenburger, Schneiter and Hickey.
UNFINISHED BUSINESS (cont.)
12b. Report on Grace Hudson Museum and 5-Year Plan
The Interim city Manager noted that this report of his findings
and recommendations regarding the Museum was requested by
Council. He commented that no final decisions should be made at
this time, but recommended actions should be taken prior to the
next fiscal year.
M/S Shoemaker/Schneiter to accept this report and direct staff
to continue investigation as recommended by the Interim City
Manager in the following: 1. Forward report for review and
comment to representative bodies. 2. City Manager to begin
steps to implement more favorable recommendations, including
meeting with affected parties. 3. City Manager to review
advantages of requesting another Museum assessment from
American Associations of Museums, with particular emphasis on
governing body as a non-profit corporation, and 4. City
Manager to review advantages of City "grantsperson". The
motion was carried by the following roll call vote: AYES:
Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and
Mayor Henderson. NOES: None.
RECESS to Redevelopment - 9:20 p.m. RECONVENED - 10:42 p.m.
12c. Matter of Skateboards
i. Introduction of Ordinance
ii. Adoption of Resolution
The City Manager reported on damage to the civic Center
fountain and front step area due to skateboard activity and
noted that the proposed Ordinance allows the Council to
prohibit skateboards from public areas and the Resolution
specifies these areas as the Ukiah Civic Center and Grace
Hudson Museum and Sun House.
M/S Schneiter/Hickey to introduce the proposed Ordinance by
title only. 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/Hickey to introduce Ordinance No. 900, Adding a
New Article 6, Entitled: "Skateboards", to Chapter 3 of
Division 7 of the Ukiah City Code. The motion was carried by
the following roll call vote: AYES: Councilmembers
Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson.
NOES: None.
Councilmember Shoemaker stated that this is a defensive move by
the City.
M/S Schneiter/Hickey to adopt Resolution No. 90-34, Enacted
Pursuant to Ukiah City Code Section 6180, Prohibiting
Skateboard Use at Ukiah Civic Center. The motion was carried by
the following roll call vote: AYES: Councilmembers
Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson.
NOES: None.
12d. Matter of City Clerk Position
The Interim City Manager briefly summarized his report on the
City Clerk and the City Treasurer positions and recommended
placing the question of appointment for these two positions on
the ballot in the June Election. He noted a memorandum from the
City Clerk requesting Council to continue this matter to
Reg. Mtg.
January 17, 1990
Page 6
4 0'5
February 7 Council meeting to allow time for her to meet with
the new City Manager to discuss these recommendations.
Councilmember Schneiter stated he has always felt this position
should be appointed and hopes to be able to take it to the
voters for a favorable result.
It was the general consensus of Council to continue this matter
to February 7, 1990.
NEW BUSINESS
13a. Adoption of Resolution of Commendation to the Public
Service Skills, Inc.
Mayor Henderson read the Resolution which commends Public
Service Skills Inc. for the excellent performance by Richard E.
Watson in the position of Interim City Manager for the City of
Ukiah. She then presented a plaque to Richard Watson expressing
appreciation from the Council.
M/S Hickey/Wattenburger to adopt Resolution No. 90-35,
Commending Public Services Skills, Inc. for the Excellent
Performance by Richard Watson as Interim City Manager for 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.
13b. Matter of Conduits Under Sidewalks for Irrigation
Purposes
The Director of Public Works reported on the feasibility of a
City policy requiring the installation of an under sidewalk
sleeve for future subdivision development to provide a way of
installing irrigation systems in the planter strip between the
curb and sidewalk.
M/S Shoemaker/Schneiter to authorize staff to include the
requirement of conduits under sidewalks, as shown. The motion
was carried by a unanimous voice vote of all AYE.
13c. Matter of Fire Department Volunteer Program
The Interim City Manager reported that the proposed Volunteer
Firefighter Stipend Program would cost approximately $3,500.00
this year and $8,000.00 next year and he recommended that if
approved, this money should be transferred from the unapplied
appropriations fund to the Fire Department for this purpose.
The Fire Chief reported that with the recent reduction in force
of the Ukiah Fire Department there is an increased need for the
Department's Volunteer Firefighter Program. He noted this
proposal is an effort to provide some incentives and
enhancements to those dedicated individuals who unselfishly
volunteer their services and skills to their community.
Discussion ensued regarding the point system, paperwork
processing and the training tower funds remaining intact.
M/S Wattenburger/Schneiter to approve the Volunteer Firefighter
Stipend Program and the transfer of funds from the unapplied
appropriations fund. The motion was carried by the following
roll call vote: AYES: Councilmembers Wattenburger, Shoemaker,
Schneiter, Hickey and Mayor Henderson. NOES: None.
13d. Matter of June 5, 1990 Election
i. Adoption of Resolution Consolidating Election
Authorizing Agreement
ii. Approval of Limitation of Candidate Statement and
Approval of Agreement
Reg. Mtg.
January 17, 1990
Page 7
40'5
February 7 Council meeting to allow time for her to meet with
the new City Manager to discuss these recommendations.
Councilmember Schneiter stated he has always felt this position
should be appointed and hopes to be able to take it to the
voters for a favorable result.
It was the general consensus of Council to continue this matter
to February 7, 1990.
NEW BUSINESS
13a. Adoption of Resolution of Commendation to the Publi~:
Service Skills, Inc.
Mayor Henderson read the Resolution which commends Public
Service Skills Inc. for the excellent performance by Richard E.
Watson in the position of Interim City Manager for the City of
Ukiah. She then presented a plaque to Richard Watson expressing
appreciation from the Council.
M/S Hickey/Wattenburger to adopt Resolution No. 90-35,
Commending Public Services Skills, Inc. for the Excellent
Performance by Richard Watson as Interim City Manager for 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.
13b. Matter of Conduits Under Sidewalks for Irriqation
Purposes
The Director of Public Works reported on the feasibility of a
City policy requiring the installation of an under sidewalk
sleeve for future subdivision development to provide a way of
installing irrigation systems in the planter strip between the
curb and sidewalk.
M/S .Shoemaker/Schneiter to authorize staff to include the
requirement of conduits under sidewalks, as shown. The motion
was carried by a unanimous voice vote of all AYE.
13c. Matter of Fire Department Volunteer Proqra~
The Interim City Manager reported that the proposed Volunteer
Firefighter Stipend Program would cost approximately $3,500.00
this year and $8,000.00 next year and he recommended that if
approved, this money should be transferred from the unapplied
appropriations fund to the Fire Department for this purpose.
The Fire Chief reported that with the recent reduction in force
of the Ukiah Fire Department there is an increased need for the
Department's Volunteer Firefighter Program. He noted this
proposal is an effort to provide some incentives and
enhancements to those dedicated individuals who unselfishly
volunteer their services and skills to their community.
Discussion ensued regarding the point system, paperwork
processing and the training tower funds remaining intact.
M/S Wattenburger/Schneiter to approve the Volunteer Firefighter
Stipend Program and the transfer of funds from the unapplied
appropriations fund. The motion was carried by the following
roll call vote: AYES: Councilmembers Wattenburger, Shoemaker,
Schneiter, Hickey and Mayor Henderson. NOES: None.
13d. Matter of June 5, 1990 Election
.i. Adoption of Resolution Consolidatinq Election
Authorizing Agreement
ii. Approval of Limitation of Candidate Statement and
Approval of Aqreement
Reg. Mtg.
January 17, 1990
Page 7
406
M/S Schneiter/Wattenburger to adopt Resolution No. 90-36 which
calls for and authorizes consolidation of the June 5, 1990
election and approved the agreement with the County of
Mendocino to conduct the election. The motion was carried by
the following roll call vote: AYES: Councilmembers
Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson
NOES: None. ·
M/S Schneiter/Hickey to limit the Candidate's Statement to 200
words, no additional material be permitted, approve a $100.00
deposit and the Candidate's Statement agreement. The motion was
approved by the following roll call vote: AYES: Councilmembers
Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson
NOES: None. ·
13e. Approval of Lease - Old Police Statior
The Interim City Manager reported this proposal is an integral
part of the overall discussions relating to the Redevelopment
Plan and to the County's need for additional space.
Discussion ensued regarding Exhibits missing on the agreement
signed by the County which was provided to Council at the
beginning of this meeting.
Recess - 11:20 p.m. Reconvene - 11:28 p.m.
It was the general consensus of Council to table this matter
until later in the meeting.
13f. Matter of Palace Hotel - 272 N. State St.
The Fire Chief reported that the condition of the Palace Hotel,
272 N. State St., has deteriorated to the point that it is a
major concern to City staff as it presents continual law
enforcement and potential fire problems.
Discussion ensued regarding safety of Firefighters and Police
officers responding to calls within this structure, the
upcoming tax sale of the building, and interested buyers
concerns regarding if the City will allow demolition.
Alice Langton, 1109 Incline, stated she would not like to see
this demolished as it is on the National Historical Record and
could enhance downtown and feels that boarding it up is
appropriate.
Judy Pruden, 304 So. Hortense, agrees that it should be boarded
up, but asked Council to hold off on any decision regarding the
Palace Hotel as she and architect Victor Lopes are working on a
presentation for the Main Street Board to present to interested
investors.
Ted Feibush, So. Highland Ave., urged Council to hold off
action on the demolition of this building but feels it should
be secured.
John McCowen, P.O. Box 454, stated it is premature to take
action now.
M/S Schneiter/Hickey directed, staff to abate the condition of
the Palace Hotel. The motion was carried by a unanimous voice
vote of all AYE.
It was the general consensus of Council that they hope this
building can be saved if economically feasible.
13e. Approval of Lease - Old Police Station (cont.)
The Director of Public Works showed Council Exhibit A.
Reg. Mtg.
January 17, 1990
Page 8
407
M/S Wattenburger/Hickey to approve the Lease with the County
for the Old Police Station and authorized the Mayor to sign.
The motion was carried by the following roll call vote: AYES:
Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and
Mayor Henderson. NOES: None.
13g. Joint Administrator Reports - Miscellaneous City/County
Subjects
The Interim City Manager reported that he and the County
Administrator have been meeting for the past eight months
negotiating matters that have concerned the County and the City
for many years. He noted that they have both reached an
agreement on all matters and requested Council review and issue
approval of the recommendations regarding land exchange,
annexations, service level approach for developed and
undeveloped property, annexation goal, County revenue phase
down approach, consolidations, solid waste, Sanitation
district, reorganizations, and multi-jurisdictional
operational service delivery.
Discussion ensued regarding action taken by the Board of
Supervisors regarding this Joint Administrator Report.
It was the general consensus of Council to support this report
as a conceptual package.
M/S Henderson/Wattenburger referred this to the new City
Manager for his evaluation and report back to Council. The
motion was carried by an unanimous voice vote of all AYE.
CITY COUNCIL REPORTS
Councilmember Wattenburqer
None.
Councilmember Shoemaker
Questioned the effect of Fire Code Ordinance on any in progress
developments.
The Community Development Director answered the Fire Code would
be in effect upon issuance of building permits.
Councilmember Schneiter
Reported on the January 8, 1990 LAFCO meeting.
Councilmember Hickey
Reported on the MCOG January 8, 1990 meeting.
Mayor Henderson
Reported the Redwood Empire Division is having a business
meeting in Rohnert Park on the 27th. She noted she will be
attending a REMIF meeting on the 24, 25 and 26 of January.
ADJOURNMENT
There being no further business, the meeting was adjourned to
the Joint City Council/Planning Commission Meeting on January
31, 1990, at 7:00 p.m. in the Cou~dil Chambers in the Civic
Center, 300 Seminary Ave., Ukiah. /
/
Cathy McK y
City c~erk
Reg. Mtg.
January 17, 1990
Page 9