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HomeMy WebLinkAboutMin 12-20-89393 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - DECEMBER 20, 1989 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, City Manager Watson, City Attorney Rapport, Community Development Director Harris, Assistant to the City Manager Horsley, City Engineer Pedroncelli, Fire Chief Mitchell, and Deputy Fire Chief Sandelin. INVOCATION/PLEDGE OF ALLEGIANCE Mayor Henderson delivered the Invocation and Councilmember Schneiter delivered the Pledge of Allegiance. APPROVAL OF AGENDA M/S Schneiter/Wattenburger to approve the Agenda of December 20, 1989 as submitted. 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 December 6, 1989, Solid Waste Study Session; Page 1, remove Councilmember Schneiter and Interim City Manager Watson from the Roll Call as they entered the meeting late; Page 2, last paragraph, rewrite to state "Mayor Henderson questioned whether in the event the initiative went to the ballot and was defeated, could the City Council adopt a form of mandatory recycling at the landfill. If the City Council adopts a form of mandatory recycling before the initiative is passed, and the initiative is passed, would this supersede anything the Council does? The City Attorney determined that should the City Council wait and the initiative is defeated at the polls, the City Council would not be prevented from enacting any ordinance it may chose."; Page 3, paragraph 8, line 2, add deadline to qualify for the after the word the; Page 3, paragraph 9, line 3, omit the words and an and replace with the words from the. M/S Hickey/Shoemaker to approve the minutes of the Council Solid Waste Study session on December 6, 1989, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Wattenburger. Mayor Henderson made the following corrections to the minutes of the regular meeting of December 6, 1989, as follows; Page 1, paragraph 5, last line, change November to December; Page 7, paragraph 4, line 5, omit the words without the and replace with the words but the County Ordinance did include; Page 9, paragraph 9, line 7, omit Horsely and replace with Horsley. M/S Shoemaker/Hickey to approve the City Council minutes of the regular meeting of December 6, 1989, as amended. The motion was carried by the following roll call vote; AYES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ABSTAIN: Councilmember Wattenburger. RIGHT TO APPEAL Mayor Henderson reviewed Section 1094.6 of the California Code of Civil procedures regarding the appeal process. 394 CONSENT CALENDAR M/S Schneiter/Hickey to approve Consent Calendar items 7a, 7b, and 7c, as follows; 7a. Approved the Payroll Warrants from November 26 to December 9, 1989, #28415 to 28582, in the amount of $110,897.48 and the General Warrants of December 20, 1989, #44568 to 44745, in the amount of $830,327.76. 7b. Accepted the public improvements for the Parkwest Subdivision. 7c. 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 None. PETITIONS AND COMMUNICATIONS 9a. Letter Reqardinq Recyclinq - Delaine Eastin The City Manager noted that last year Delaine Eastin proposed %ssembly Bill 3746 which called on the state to take the lead in recycling by procuring recycled goods. Governor Deukmejian vetoed the legislation and indicated that the proposal was too costly for the state. Ms. Eastin has reintroduced the issue this year as Assembly Bill 4 and is requesting support. Councilmember Shoemaker stated he requested this letter be considered for Council support. Discussion ensued regarding possible impact of this bill. It was the general consensus of Council for Staff to analyze Assembly Bill 4 and continue with the purchasing of recycled products for City use. UNFINISHED BUSINESS 10a. Review and Accept Fiscal 1989 Audit and Manaqement Letter M/S Hickey//Schneiter to accept the City's Audit Report and response to Management Letter for the year ending June 30, 1989, from Davis, Hammon and Co., who are the City's contracted Certified Public Accountants. The motion was carried by the following roll call vote; AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. 10b. Set Aqenda for January 31, Council/Planning Commission Meeting 1990 Joint City Councilmember Shoemaker requested additional subjects of Hillside Zones and Traffic Circulation in the City. He also suggested each subject be timed 15 to 20 minutes each for the first round of discussion to prevent running out of time. It was the general consensus of Council to add Hillside Zones and Traffic Circulation subjects to the other subjects of Fences, Property Maintenance, Historical Ordinance, solar energy/conservation, General Plan Amendments and Property Rights for the January 31, 1990 Joint City Council/Planning Commission meeting. Reg. Mtg. December 20, 1989 Page 2 395 10c. Evaluation of Proposals on Curbside Recycling Recess: 6:56 p.m. Reconvene 6:58 p.m. The City Attorney noted that Councilmember Wattenburger may have a possible conflict of interest and Councilmember Wattenburger left the meeting at 6:59 p.m. The Assistant to the City Manager reported on the three proposals for curbside recycling submitted by Empire Waste Management, South Lake Recycling and Solid Waste Systems, Inc. Discussion ensued regarding projected costs, rating of the proposals and cost per household. Kevin Wallbridge, General Manager of Empire Waste, 3400 Standish Ave., Santa Rosa, commented their company is the largest recycling company in the United States with two programs currently operating north and south of Ukiah and indicated his company could start the curbside recycling program 30 days after the signing of the contract Jerry Ward, 1319 Despina Drive, President of Solid Waste, Willits, explained his company diverted 15 tons of material from the solid waste site in 3 weeks time operating a curbside recycling program in Willits, and he is willing to work with his father's company (Ukiah Solid Waste) to do everything possible to make this program work for Ukiah. Discussion ensued regarding a buy back center, composting and size of the operation site. James Connerton, 906 N. Oak St., commented the 3 proposals seem realistic and urged Council to look at tiered rates to spread the costs at the beginning of the program. He noted that participation rates are critical to the cost. Michael Sweeney, P.O. Box 309, Redwood Valley, questioned a drop off center at the landfill site, routes outside the City, additional recycling materials, commercial accounts, and the potential for a job creating new industry if kept in the valley. Councilmember Shoemaker asked Jerry Ward if there exists intentions of him becoming management personnel in Ukiah Solid Waste? Jerry Ward answered that he is currently President of Solid Waste Willits, President of Waste Enterprises, and President of Ward- Way Enterprises which creates many commitments, but he will do whatever it takes to oversee the operation of curbside recycling, although his father will probably remain President of Ukiah Solid Waste. Discussion ensued regarding the proposals and additional services. M/S Schneiter/Henderson directed staff to enter negotiations with Solid Waste Systems on their curbside recycling proposal. The motion was carried by the following roll call vote; AYES: Councilmembers Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ABSENT: Councilmember Wattenburger. Recess 8:10 p.m. Reconvene: 8:19 p.m. Councilmember Wattenburger rejoined the meeting at this time. Reg. Mtg. December 20, 1989 Page 3 396 10d. Adoption of Ordinance No. 896 for Public Restrooms Restaurants M/S Wattenburger/Schneiter to adopt Ordinance No. 896, Adding Chapter 7, Entitled: Restaurants to Division 5 of the Ukiah City Code, Requiring Restaurants to Provide Restroom Facilities to Patrons. The motion was carried by the following roll call vote; AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. 10e. Adoption of Ordinance No. 897 for Mitiqation Proqram fol Unreinforced Masonry The Community Development Director noted a typographical error in the Agenda copy of Ordinance No. 897, on Page 2, Section 3074, Item C3, 2403(h) should read 2407¢h). Ted Feibush, 240 South Highland Ave. questioned the approval of the Earthquake Safety Report by the City's Building Official and Section 3072 regarding the Disclaimer of Liability for the City of Ukiah. Bill Cleland, 300 N. Barnes St., stated he is opposed to this Ordinance. John McCowen, P.O. Box 454, Ukiah, stated he owns a building that is affected by this Ordinance and questioned if this Ordinance is required by the State. Discussion ensued regarding State Law, how the City contracts to Morton Technologies for the structural review of submitted plans, noticing to Property owners, timeframes for compliance, the appeal procedure, and liability. Councilmember Hickey stated this is a compelling Ordinance that could bankrupt neighborhood businesses and is hesitant to adopt this. Mayor Henderson commented she is also concerned about small business, but this Ordinance allows two years for the property owners to provide a Earthquake Safety Report. She indicated she does not wish to see Ukiah in the same condition as Watsonville which she observed first hand after the October 17th earthquake. M/S Wattenburger/Shoemaker to adopt Ordinance No. 897, Adding Chapter 2 to Division 3 of the Ukiah City Code, Entitled: Earthquake Hazard Reduction in Existing Buildings. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor Henderson. NOES: Councilmember Hickey. 10f. Matter of Skateboards at Civic Center The City Manager reported that damage has occurred to the Civic Center fountain, steps, tiles and banister areas due to skateboarding activities and cannot be controlled without a prohibitive Ordinance. Discussion ensued regarding enforcement procedures and other affected areas. M/S Schneiter/Wattenburger directed staff to prepare an Ordinance that allows the City Council to designate by Resolution portions of public property on which skateboarding is prohibited, with an initial Resolution that identifies the Civic Center and the Sun House. The motion was carried by a unanimous voice vote of all AYE. Reg. Mtg. December 20, 1989 Page 4 397 .!0q. Matter of Position Analysis and Recommendations The City Manager reported on his review of the positions of the Assistant to the City Manager and the Director of Parks and Recreation. He recommended a reclassification of the Assistant to the City Manager to Assistant City Manager, set the top salary range of this position at $3,894, give Department Head Status to this position, assign the additional duties of employee relations, Public Information Officer, Cable Television and Legislative Coordinator to this position and establish that the Assistant will act for the City Manager in his absence without additional pay. The City Manager also recommended that with the expanded duties and responsibilities of the Director of Parks and Recreation, the top range of the salary for this position should be adjusted to $3,611. M/S Shoemaker/Schneiter to approve the City Manager recommendations for the reclassification of the Assistant to the City Manager to the Assistant City Manager, set the top of the salary range at $3,894., give Department Head Status, assign the additional duties as recommended, and not give additional pay when acting for the City Manager in his absence. The motion was carried by a unanimous voice vote of all AYE. M/S Schneiter/Wattenburger to adopt the City Manager's recommendation to adjust the Director of Parks and Recreation top salary range to $3,611. The motion was carried by majority voice vote of AYE with only Mayor Henderson voting NOE. NEW BUSINESS lla. Introduction of Ordinance Adoptinq 1988 Uniform fire Codo with Amendments The Fire Chief reported the present Fire and Life Safety Code in use by the City is the 1982 Edition of the Uniform Fire Code and that this model Fire Code is revised and updated every three years. He noted that the 1988 Uniform Building Code goes into effect statewide in January 1990 and the Uniform Fire Code is a companion document to it. He reported that it is appropriate at this time for the City Council to update its Fire Prevention Codes and adopt the 1988 Uniform Fire Code with the recommended amendments. M/S Wattenburger/Hickey for the City Clerk to read the title only of the proposed Ordinance. The motion was carried by a unanimous voice vote of all AYE. The City Clerk read the title only. M/S Wattenburger/Hickey to introduce 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. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. llb. A r~ent with Ukiah ~ment ~ and Countz of Mendocino regarding Redevelopment Pass Through M/S Hickey/Schneiter to go into Closed Session under the Pending Litigation exception of the Brown Act upon advice of the City Attorney that it is necessary to discuss facts and circumstances that exist with the potential of litigation regarding an agreement with the County of Mendocino. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. Reg. Mtg. December 20, 1989 Page 5 398 It was the general consensus of Council to proceed with the meeting before entering Closed Session. CITY COUNCIL REPORTS Councilmember Wattenburqer None. Councilmember Shoemaker Reported that the Outstanding Achievement Award was given by the Chamber of Commerce to the Victory Theater and reported on the County Recycling Task Force efforts. Councilmember Schneiter Noted the need to lay sand on an ice patch on upper West Standley in the canyon area in the mornings. Councilmember Hickey Reported on the Annual League of California Cities Conference he attended in San Francisco on December 17, 18 and 19, 1989. Mayor Henderson Polled the Council as to the desired date of the Commission Appreciation Dinner hosted by the Council. It was the general consensus of Council to set the date of February 15, 1990, a Thursday evening, for the dinner. She reported the welcoming reception for the new City Manager will be from 5:00 p.m. to 7:00 p.m. on January 12, 1990 in the Civic Center foyer, and noted the Governor has requested names to be submitted for the Young American award for outstanding performance or bravery by a youth in our community. Recess to Redevelopment 9:41 p.m. Reconvened 9:45 p.m. CLOSED SESSION Council went into Closed Session at 9:45 p.m. as directed by the previous motion passed under Item llb. Council came out of Closed Session at 10:45 p.m. M/S Wattenburger//Schneiter to approve the agreement between the Redevelopment Agency and the County of Mendocino. The motion was carried by the following roll call vote: AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and Mayor Henderson. NOES: None. ADJOURNMENT There being no further business, th~ meeting was adjourned. CCMIN. 19 ~-eft~'~ M,.~K~,/ , 'Ci/d,~ Clerk ? Reg. Mtg. December 20, 1989 Page 6